HomeMy WebLinkAboutAgenda Packet 1993/08/24
Tuesday, August 24, 1993
6:00 p.m.
"I dedara under penalty of perjury that i am
employed by the CIty of Chula Vista in the
Office of the City Clerk and that I posted
this Agen:la/Nolice on the Bulletin Board at .
the PUblrfiiJuilding and at City Hall on ~ Council Chambers
DATED. SIGNED &~fft:Z#bliC Services Building
Rel(Ular Meetin\< of the City of Chula Vista City Council
CAlL TO ORDER
1.
ROU. CAlL:
Councilmembers Fox -' Horton _' Moore -' Rindone -' and Mayor
Nader _
2. PLEDGE OF AlJ..EGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: None submitted.
4. SPECIAL ORDERS OF THE DAY:
a. 1993 State of the City Address by Mayor Nader.
CONSENT CALENDAR
(Items 5 through 9)
The SIlljf recommendations regarding the following items listed under the Consent Ca1endm will be enacted by the
Council by one motion without discussion unless a Coundlmember, a member of the pub/ii; or CiIy staff mpests
that the 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 the lobby aruI submit it to the CiIy Clerk prior to the meeting. (Complete the green form
to speak in favor of the SIlljf recommendation; complete the pink form to speak in opposition to the SIlljf
recommendation.) Items pulled from the Consent Calendar will be discussed after Board aruI Commission
Recommendations aruI Action Items. Items pulled by the pub/ii; will be the rust items of business.
5. WRlTTEN COMMUNICATIONS:
a. Letter of resignation from the Civil Service Commission - Mary Casillas Salas, 802 East" J"
Street, Chula Vista, CA 91910. It is recommended that the resignation be accepted and the
City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office
and the Public Library.
6. RESOLlJI10N 17226 AlJ1HORlZING FINANCIAL SUPPORT FOR THE 1995 U.S. WOMEN'S
OLYMPIC MARATHON TRIALS - The Greater San Diego Sports Association
and Elite Racing are organizing a bid for the 1995 U.S. Women's Olympic
Marathon Trials and are seeking public and private sponsorships. The
Trials course would begin at the new Olympic Training Center. The City
is being asked to contribute $65,000 over a three year period. Benefits
would include extensive national media coverage and significant economic
impact from the projected 250,000 spectators. Staff recommends approval
of the resolution. (Director of Communiry Development)
Agenda
7.
RESOLlJI10N 17227
8.
RESOLlJI10N 17218
9.
RESOLlJI10N 17228
.2.
August 24, 1993
INTENTION EXPRESSING WIUJNGNESS TO SHARE EQUALLY THE COST
FOR THE OTAY VALLEY ROAD AND I-80S INTERCHANGE SIGNAL
IMPROVEMENTS - Caltrans recently informed staff of their near completion
of a Project Report for a cooperative project for traffic signals, lighting,
striping, and widening on Otay Valley Road at the I-80S interchange. A
resolution expressing the City's intent to share equally the cost of the
project is required to complete the Project Report and receive approval
from Caltrans. Staff recommends approval of the resolution. (Director of
Public Works)
ACCEPTING BIDS AND AWARDING CONTRACT FOR TREE TRIMMING
SERVICES IN THE CIlY - Sealed bids were received on 7/21193 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)
Continued from the meeting of 8/10/93.
APPROVING A CONDITIONAL GRANT OF EASEMENT TO THE OWNERS
OF THE PROPERlY AT 915 PASEO RANCHERO FOR A DRIVEWAY,
AUTHORIZING THE MAYOR TO SIGN THE CONDITIONAL GRANT OF
EASEMENT AND AUTHORIZING THE ENCROACHMENT BY SUCH
EASEMENT INTO OPEN SPACE LOT A, MAP 12695 - The First United
Methodist Church, located at the southeast comer of Paseo Ranchero and
East "H' Street is requesting to install a driveway through City Open Space
within Lot A of Map 12695. Staff recommends approval of the resolution.
(Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBIJC HEARINGS AND RELATED RESOLlJI10NS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak
to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposition to the stil/J recommendation.) Comments are limited to five minutes per indiviiluaL
10.
PUBIJC HEARING
CONSIDERATION OF A RESOLlJI10N OF INTENTION (ROI) TO
COOPERATE IN THE PREPARATION AND POSSIBLE ADOPTION OF THE
CLEAN WATER PROGRAM MULTIPLE SPECIES CONSERVATION
PROGRAM (MSCP) - In conjunction with the implementation of the San
Diego Clean Water Program, the City of San Diego has been coordinating
the preparation of a MSCP to mitigate the environmental impacts of sewer
system expansion. A ROI has been developed for approval by the twelve
local jurisdictions within the MSCP Srudy Area, including the City of Chula
Vista. The ROI addresses continued participation in the development and
adoption of an MSCP Plan by identifying a schedule, responsibilities,
voluntary actions, and the contents of a final Plan. Staff recommends
approval of the resolution. (Director of Planning)
RESOLlJI10N 17229 APPROVING THE NON-LEGALLY BINDING PROVISIONS OF THE
RESOLlJI10N OF INTENTION ON THE CIlY OF SAN DIEGO MULTIPLE
SPECIES CONSERVATION PROGRAM (MSCP) PLAN
Agenda
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August 24, 1993
ORAL COMMUNICATIONS
This is an opportuniiy for the general publU: to address the City Council on any subject ~ w~ the C~'s
jurisdiction that is not an item on this agenda. (State law, however, generally prohibllS the cay Council from
taking action on any isSUJ!S not included on the pasted agenda.) If you wish to address the Council on sw:h a
subject, please complete the yellow "Request to Speak Under Oral Comnwni1;ations Form" available in the lobby
and submit it to the City C1erlc 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.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items whkh have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elU:it substantiol discussions and deliberations by the
Council, staff, or members of the general publU:. The items will be considered individually by the Council and stoff
recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out
a "Request to SpeaK form available in the lobby and submit it to the City C1erlc prior to the meeting. PublU:
comments are limited to five minutes.
11. ORDINANCE 2566 ADDING SECTION 9.50.068 AND AMENDING VARIOUS SECTIONS OF
CHAPTER 9.50 OF 1HE MUNICIPAL CODE REGARDING 1HE SPACE RENT
CHARGED IN MOBILEHOME PARKS (first readinR:) - In May 1993, Council
adopted Ordinance 2551 which made various changes in the regulations
regarding the space rent charged in mobilehome parks. The proposed
ordinance makes clarifying, administrative, and substantive changes to
Ordinance 2551. Staff recommends Council place the ordinance on first
reading. (Director of Community Development)
12.A. RESOLUTION In30 APPROVING A CONTRACT WITH EBP, INC. FOR CONSULTANT SERVICES
RELATED TO 1HE BORDER ENVIRONMENTAL COMMERCE ZONE (BECZ)
On 1/12/93, Council created a task force to identify ways to attract
environmentally sensitive businesses. On 5/11/93, Council adopted the
taskforce's recommendations. On 5/18/93, Council appropriated $100,000
in Community Development Block Grant (CDBG) funds to hire a BECZ
Coordinator to begin implementing the program. The two proposed
consulting contracts would utilize a total of $20,000 of the approved CDBG
funds to expedite implementation of the program. Staff recommends
approval of the resolutions. (Deputy City Manager Krempl and Director of
Community Development)
B. RESOLUTION In31 APPROVING A CONTRACT WITH KSK AND ASSOCIATES FOR
CONSULTANT SERVICES RELATED TO 1HE BORDER ENVIRONMENTAL
COMMERCE ZONE (BECZ)
13. REPORT SOUD WASTE ISSUES - An oral update report will be given by staff.
ITEMS PULLED PROM 1HE CONSENT CALENDAR
This is the time the City Council will discuss items whkh have been removed from the Consent Calendar. Agenda
items pulled at the request of the public will be considered prior to those pulled by Councilmembers. PublU:
comments are limited to five minutes per individuaL
Agenda
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August 24, 1993
OTIIER BUSINESS
14. CI'IY MANAGER'S REPORT(S)
a. Scheduling of meetings.
15. MAYOR'S REPORT(S)
a. Ratification of appointments:
Resource Conservation Commission ~ Michael Guerreiro;
Youth Commission - Jocelyn Castillo;
Youth Commission - Nicole Cazares (reappoint);
Youth Commission - Steve Ceballos;
Youth Commission - Tom Meservy (reappoint).
b. Clarification of reclassification not to apply to special assessment under previous
consideration.
c. Consideration of establishing monthly sewer charges based on water usage.
d. Discussion and potential direction to our Wastewater Management District delegates.
16. COUNCIL COMMENTS
Councilwoman Horton
a. Request for report on the workload of existing staff resources and their sufficiency to
implement the City's economic development goals and a recommendation to address
deficiencies, if any.
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 (IAFF), Executive Management, Mid-Management, and
Unrepresented.
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.
Pending or imminently pending litigation pursuant to Government Code Section 54956.9 - City of
Chula Vista vs. various insurance companies regarding collection of clean-up costs on the paint pit.
Pending litigation pursuant to Government Code Section 54956.9 - County of San Diego regarding
Daley Rock Quarry CUP.
Evaluation of City Manager pursuant to Government Code Section 54957.
The meeting will adjourn to (a closed session and thence to) a Joint Meeting of the City Council/County
Board of Supervisors on Wednesday, August 25, 1993 at 3:00 p.m. at the County Administration Center,
thence to a Special Meeting of the City Council on Friday, August 27, 1993 at 12:00 (noon) in the City
Council Chambers, thence to a Special Meeting of the City Council on Monday, August 30, 1993 at 6:00 p.m.
in the Council Conference Room, and thence to the Regular City Council Meeting on September 7, 1993 at
4:00 p.m. in the City Council Chambers.
State of the City Address
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CllY OF
CHUIA VISfA
Mayor Tim Nader
August 24, 1993
tiLl -1
state of the City Address, 1993
Recently, when asked how I was doing, I answered, "Not bad,
for Mayor of a California city."
This is not an easy time to be Mayor of a California city.
Our state has increased crime by turning drug dealers loose to prey
on our children, and then taken funds needed by city police
departments to cover the annual deficit in Sacramento. Its
economic policy has been a disaster, yet it deprives city
redevelopment agencies of the resources needed to create new
economic opportunities. Three years in a row, the state has
covered its def ici t by taking away local government's share of
vehicle taxes, tobacco taxes and property taxes, leaving cities,
counties and schools to fight over what's left.
Considering the state of the state, the state of the city
isn't bad. Blessed by conservative but creative management, Chula
vista has weathered the state thefts with relatively minor impacts,
compared to most California cities. This year, we responded to the
loss of property tax revenues to Sacramento by cutting our budget,
without raising taxes, and doing our best to maintain services.
Indeed, we are increasing the size of our police department this
year to better protect the safety of our citizens. You have my
commitment that I will continue to insist that public safety be the
top priority for tax dollars in Chula vista.
Our library, one of the best in the state, is adding two new
branches. One, serving eastern Chula vista, has opened on the
campus of Eastlake High School and will be shared with the school
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district, thus getting a bigger bang out of your tax buck.
Another, serving southern Chula vista, will begin construction
later this year, thanks to a library bond approved by state voters
several years ago. The southern library branch will also serve as
a community cultural center - a place where we can celebrate and
enjoy the rich cultural diversity of our community, where children
and adults can play and learn in a relaxed setting.
In spite of restricted revenues, we have been able to continue
funding our adult literacy program, whose staff and volunteers give
selflessly to open new doors of economic and cultural opportunity.
This year, the city of Chula vista held two youth summits -
conferences at which community leaders gathered to listen to young
people of all backgrounds in o1,1r community; One of these was
attended by all five members of the city Council. I have also had
the opportunity at neighborhood youth meetings and schools to
listen to the concerns of our young people. We have listened, and
we have learned that our city has not done all it could for our
young people. In response to what we have learned, our city staff
has put together, and the city council has committed to funding, a
"Youth Action Program" to create new recreational and educational
opportunities for Chula vista youth. Our young people need
comfortable, safe and wholesome places in which to socialize, grow
and have a good time. It should be one of our top priorities to
help meet this need. One of our community's churches has recently
expressed interest in lending its facilities for a "teen club",
open to teens throughout the community, run by teens and for teens.
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The need for such a facility has been declared in one forum after
another by the youth of our community and by the adults who work
with them. I hope our city staff will work diligently and
expeditiously with others in our community to make such facilities
a reality. This is one government that will not ignore the needs
of the next generation, abandoning them to the streets while doing
our own business as usual.
Our police officers are continuing to work directly with
elementary school children in our Gang Alternatives Program to
teach them how to avoid gang involvement. They are working with
residents to organize new neighborhood watch groups to prevent
crime, and with businesspeople to make our commercial districts
more secure. If you are not already in an active nieghborhood
watch, I hope you will call the Police Department and learn how you
can be part of the war on crime. Our Crime Suppression unit works
to make life hard on drug dealers, and police patrols are being
increased in areas where gang activity has occurred. Chula vista
is blessed with the best police officers a city could ask for.
Yet, the best police cannot guarantee safety as long as drugs which
make their users violent are easily available, and those who profit
from selling them are turned loose and allowed to stay in business.
My teenage friends tell me that it is not uncommon for pushers to
offer free samples to entice our youth to become their customers.
Yet the State of California continues to treat drug dealing as if
it was a victimless crime.
In Sacramento, Assembly Bill 91, authored by Assemblywoman
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De De Alpert, would put the drug pushers in prison, where they
belong, for, life, and assure that they could not return to our
streets and schools. The city of Chula vista has long sought such
legislation, and it has been endorsed by local officials statewide,
represented by the League of California'cities, because we know
that until california has a real deterrent for drug dealers, we
will not have safe streets, schools and homes. You can do a small
part in the war on drugs by expressing your support for state
Assembly Bill 91, thanking Assemblywoman Alpert for her caring
about our communities' children, and urging other legislators to
support her bill.
In addition to expanding our police department and refusing to
cut back on police services, Chula vista has underscored its
commitment to public safety by opening a new fire station. Chula
vistans can be thankful for the heroic men and women who protect us
as Chula vista firefighters. We have added to their facilities and
their numbers so that our safety will not be endangered by the
city's recent growth.
During the last two years, the City council has acted to give
a higher priority to drainage improvements that will hopefully
spare some of our neighborhoods in the future from flooding that
was suffered during recent rainy seasons. We have worked with the
county and with the private sector to create housing for low income
families, and to take homeless children off our streets and give
them a place to live and a place to hope. We have changed our
methods of determining where traffic signals and stop signs will
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go, to give higher priority to the safety of our children. In
these and other actions, we act on a belief that government has one
purpose only - to serve the public and foster a better environment
for our citizens.
A better environment is being fostered by our award-winning
recycling program, now preparing to expand to mUlti-family housing
and to businesses. By reducing the trash we throwaway in
landfills, we can hold down the rate increases needed to cover
higher landfill charges. The County has recently acted .to more
than double landfill charges. While higher landfill fees may be
necessary to cover the costs of operating the trash system, it is
unfair to penalize Chula vistans for refusing to sign a 2o-year
blank check to the County. This is why we have authorized our City
Attorney to go to court, to fight a punitive fee increase that has
no relationship to actual costs, and which our citizens and
businesses cannot afford.
We must also make every effort to hold the line on sewage
increases. I congratulate the City Council this year for having
taken the unprecedented step of saying "no" to yet another sewage
rate increase. The proposed increase was intended to build reserves
for a massive program of treatment upgrades and capacity expansion
which the city of San Diego calls the "Clean Water Program", but
which we call the "Clean Wallet Program". The Sierra Club 'and the
National Academy of Sciences have convincingly shown that the Clean
Wallet Program is environmentally unnecessary as well as
economically unsound. It is my hope that the new wastewater
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management district, of which we are a part, will quickly agree on
a program of less expensive and less polluting treatment
technology, capacity expansion paid for only by those whose
developments require it, and the resale of reclaimed water rather
than dumping it into the ocean. And, it is my hope that the EPA
and the federal courts will allow the district to implement such a
program. However, if the district expects us to pay for a Clean
Wallet Program necessitated by bureaucratic bungling rather than by
environmental necessity, I believe Chula vista has no choice but to
withdraw from the district, hold San Diego to its contractual
responsibility to provide sewage treatment for many years to come,
and seek more reasonable alternatives for the future.
The City of San Diego continues to. pretend to plan a
binational airport on Otay Mesa that would be an environmental
disaster for th~ South Bay region. There is no money to build it,
the binational airport planning effort has already cost our region
an estimated 40,000 jobs by putting industrial development on hold,
it is economically unfeasible, and FAA officials have testified
before Congress that their studies have found airspace conflicts
that preclude safe operation. Yet, Twinports cheerleaders continue
to shout slogans divorced from fact as if chanting their mantras
will change reality. Once again, I call on members of the slim
five-vote majority of the San Diego city Council that has
maintained this brain-dead proposal on artificial life support, to
lift the Twinports moratorium that is driving away jobs. Instead,
let us join in a united effort put money that might be wasted on
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planning a fantasy airport into real economic development efforts
to bring real jobs for real working people - not just politicians,
consultants and bureaucrats - to this region.
There are few things that have caused me more pain as your
Mayor than to see people who want to work lose their jobs. This
tragic recession has been aggravated by a business as usual
attitude that went on far too long at all levels of government.
While we are doing what we can to provide ~ousing for some of the
families who have been left homeless by the recession, and to work
with others in the community who are seeking to provide retraining
and job placement services to citizens who are unemployed, it is
obviously better to create jobs for those who need them. The city
of Chula vista has taken several policy initiatives which probably
should have been taken long ago, but which we hope will eventually
provide greater opportunities in this region. We have taken the
lead in inviting other jurisdictions in this region to join in a
Border Environmental Commerce Zone, in which, working together with
the federal Administration, we will work to become a magnet of
research, development and production for environmental
technologies. This industry, creating and selling new technologies
to replace processes using toxic chemicals, and to reduce pollution
of our air, water and land, is expected by economic experts to be
the fastest growing segment of the American manufacturing economy
in the coming decade.
We have also initiated, under the leadership of Councilwoman
Horton, a "High-tech/Biotech" zone - land which will be readily
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available for use by new, jOb-producing industries.
However, one of the greatest barriers to bringing these high-
paying jobs to our region is concern about the availability of
water. High-tech and biotech manufacturers need to be assured that
their water supplies won't be cut during dry years to compensate
for overdevelopment or for wasteful landscaping. Therefore I'm
proposing that the city of Chula Vista, and the two water districts
which serve us - otay and Sweetwater - adopt a water priority
policy that would assure that those who provide high-paying jobs to
our citizens would not be put at an economic disadvantage by
occasional times of drought in our semi-arid region. Under this
policy, the water districts would assure that eligible employers in
Chula vista would not be expected to cut back their water use as
long as they provide good local jobs. In return, the city would
agree to help the water districts by controlling our growth so as
to assure that the water districts could meet their commitments
under this plan, or by assessing new development to pay for any new
water storage 'or water production which those new developments
might necessitate. This plan will enhance our ability to attract
good jobs to our city, while assuring that new development pays its
own way and that growth does not occur on the backs of existing
ratepayers, nor at the expense of future job opportunities.
In January of this year, the City Council enacted a program of
regulatory streamlining, and directed the City Manager to implement
it. Our theory was simple: the fewer the number of government
departments and administrative bureaucrats that are involved in
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regulating business, the more tax dollars - and Jobs - we could
save. Some of the changes in the regulatory streamlining program
are admittedly a radical departure from business as usual - but
that's just what government needs. Unfortunately, it became
evident in the course of this year's budget deliberations that this
program had not been fully implemented, and, according to
Administration, we could therefore not achieve this year all of the
savings we should be able to achieve. I am respectfully asking the
City Manager to report to the City Council and the public within
the next month on implementation of the regulatory streamlining
measures passed by the Council last January.
Budgetary restrictions have precluded us this year from
offering any pay increases to our front-line employees - the people
who do most of the real work of the city, such as patrolling our
neighborhoods, protecting us from fire, putting books in the hands
of our children, maintaining our streets and parks, designing
public works, or serving citizens in innumerable ways. Fiscal
responsibility at this time simply does not allow us to pay our
many public servants what they are truly worth. Yet I have heard
many employees who understand the need for fiscal restraint
question why the top management of the city could receive pay
increases at such a time. The question is right on target. Tough
times demand leadership - and those in top positions must, in such
times, lead in personal sacrifice, not in personal gain. I
therefore respectfully call on the City Council to enact a pay
freeze on executive management, in the interest of fairness and
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fiscal responsibility.
I furtller propose that we enact a policy which will assure
that when, at some time in the future, our budget permits us to
consider pay increases for top management, they will be tied to
objective criteria - not only the financial health of the city, but
also its economic health, its environmental health, and the quality
of services provided to our citizens. By these standards, our city
has, on the whole, done well - management should not be afraid to
have compensation tied to performance.
Before closing, I want to say a special word of thanks to the
many citizens who give tirelessly of themselves in our churches and
schools, in neighborhood watch groups and senior service programs,
in shelters for the needy, athletic programs for our youth, sister
cities foreign exchange activities, cleanup campaigns, city boards
and commissions and many other ways. Chula vista is blessed with
first-class employees and first-class citizens from all backgrounds
and walks of "life. It is you who make Chula vista a hometown worth
serving.
The state of California has shown what can be done with
business-as-usual, the way the Titanic showed what can be done with
overconfidence. Here in Chula Vista, let us show what can be done
with innovation in our government, dedication to our common goals,
respect for our differences, moderation in our concern for
ourselves, and passion in our concern for one another.
Thanks, and God bless you.
tju /1/
MARY CASILLAS SALAS
802 East 'J' street
Chula Vista, California lt~~EIVEO
'93 AlIi 13 A9 :18
CITY OF CHULA VISTA
CITY CLERK'S OFFICE
August 12, 1993
Candy Boshell
Director of Personnel
476 Fourth Avenue
Chula Vista, California
Dear Candy and Fellow Commissioners:
I would like to express what a pleasure it was to work
with all of you. I appreciate the opportunity I had to get
to know all of you and the friendships that have formed.
I regret having to resign my position on the civil
Service Commission. When I applied for the Planning
Commission, I did not realize I would have to make this very
difficult choice.
Once again, I would like to thank Candy, Anna and
Melody for all their help while I served on the Commission.
And to all my fellow commissioners, thanks for all of your
wisdom and support.
Sincerely,
~~~
Mary Casillas Salas
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item~
Meeting Date 8/24/93
Resolution I 7 ~ .:l" Approving City support in concept for the
1995 USA Women's Olympic Marathon Trials
SUBMITTED BY:
Chula Vista Economic f'f~elopment Commission
City Manager J~ ~O ~\ (4/Sths Vote:
Yes_No...xJ
REVIEWED BY:
BACKGROUND:
On August 4, 1993, Tim Murphy of Elite Racing, Inc. made a presentation to the Economic
Development Commission (EDC) regarding a bid being made to hold the 1995 Women's
Olympic Marathon Trials in the Chula Vista/San Diego area, and requested Chula Vista support
which was endorsed by the EDC.
Event organizers are led by the Greater San Diego Sports Association, a non-profit group
promoting athletic events in greater San Diego, and Elite Racing, Inc., a national leader in
promoting world class running and cycling events. The bid will be in competition with four
other major U.S. cities. Should San Diego be successful, the event would begin at the new U.S.
Olympic Training Center in Chula Vista. The entire course, extending 26.2 miles, will finish
at the San Diego Convention Center. The run's top 3 finishers will qualify to compete in the
1996 Olympic Marathon in Atlanta.
Event organizers must raise $1.5 million to sponsor the trials. Organizers are requesting
$200,000 from the Cities of San Diego, Chula Vista, Imperial Beach, Coronado and National
City (with larger proportions coming from Chula Vista and San Diego) and $200,000 from the
Port District. Chula Vista is being requested to contribute $65,000 over a three-year period
($15,000 FY94; $25,000 FY95; $25,000 FY96). Benefits to the City include extensive national
media coverage, including a three-hour NBC telecast featuring the Olympic Training Center and
the first 10 miles of the course (both in Chula Vista), and spin-off economic impacts from the
projected 250,000 spectators.
Conceptual support is being requested from the City of Chula Vista at this time in order to meet
the bid's September I deadline.
RECOMMENDATION: That Council adopt the resolution approving in concept a total cash
expenditure of $65,000 over a period of 3 years plus donated police and road closure services,
as a sponsor to the 1995 U.S. Women's Olympic Marathon Trials to be held in the Chula
Vista/San Diego area, with contingencies as specified in the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: The Chula Vista Economic Development
Commission endorsed Council support for the request at their August 4 meeting by a vote of
5-0-2, with Commissioners Allen, and Peter absent. (Note: two vacancies currently exist.) See
minutes, ANO~sUNNED &, ., I
Page 2, Item ~
Meeting Date 8/24/93
DISCUSSION:
A presentation will be made to Council at the August 24 meeting by EDC Chairman William
Tuchscher and by representatives of the Greater San Diego Sports Association and Elite Racing
Inc., the event organizers. Included in the Council's packet is the "U.S. Women's Marathon
Trials" binder which contains detailed information regarding event sponsors, the event itself, and
benefits to the community. Additionally, the 2-page summary sheet presented to the Chula Vista
EDC is included as Attachment B. This summary highlights benefits to Chula Vista, including:
NOTSCANNEn
. Staging of the-evenf'"{1.'e., the course's starting point) at the Olympic Training
Center in Chula Vista.
. National television coverage of the course's first ten miles in Chula Vista.
. 18 month Olympic athlete speakers bureau in Chula Vista schools beginning
January '94.
. 8-minute promotional video produced with EDC.
The bid deadline is September 1993. Event organizers must raise $1.5 million to sponsor the
run; the bid will include a guarantee for this amount. The funds would cover costs such as the
national telecast production and air time costs (approximately $400,000); national advertising
($75,000); the 240 athletes' travel and lodging, etc. Specifically, the $65,000 contribution from
Chula Vista will go to pay for national print advertising.
Event organizers are requesting an additional $135,000 from the Cities of San Diego, Imperial
Beach, Coronado and National City (for a total of $200,000, including Chula Vista's $65,000)
and $200,000 in matching funds from the Port District. None other of these requests have yet
been acted upon. However, a presentation is being made to San Diego's Special Events
Committee on August 19 and the Port District will be voting on the request on August 24 prior
to Council's meeting; Council will be advised verbally on the 24th.
In terms of private commitments Vons has committed to $225,000 and Campbell Soup is
currently negotiating a contribution in the range of $150,000 to $225,000.
Staff recommends that Council's approval of the requested funding be contingent upon:
1) Award of the bid to the Greater San Diego Sports Association by the USA Track and
Field Women's Long Distance Running Committee.
2) A commitment by the Port District to match on a 1: 1 basis the total funds contributed
by sponsoring cities.
3) A contractual agreement that the Olympic Training Center and the course's first 10 miles
will be recognized as located in the City of Chula Vista in all media coverage, including,
but not limited to television, all print advertising, course maps, and entry forms. This
agreement will include the requirement that Chula Vista banners be prominently
displayed in the Olympic Training Center start area and along the lO-mile course.
~.,;.
Page 3, Item It,
Meeting Date 8/24/93
4) Identification of appropriate Chula Vista funding sources and an annual appropriation of
the funds by Council.
FISCAL IMPACT: The recommendation calls for the City to fund the project over three years
as follows:
Year I (FY 93/94)
Year 2 (FY 94/95)
Year 3 (FY 95/96)
Total
$15,000
25,000
25.000
$65,000
Additionally, donated police and road closure services are requested. The Police Department
estimates a cost to the City of $5,000.
Per the resolution, no expenditures will be made until each year's contribution is appropriated
by a 4/5ths vote. Possible funding sources include redevelopment, public information/special
events, or economic development budgets. Specific funding sources would be identified by staff
prior to each appropriation.
SS/MISC DISK #311213.93
t-;J /~-f
RESOLUTION
17~~"
RESOLUTION OF THE CHULA VISTA CITY COUNCIL
AUTHORIZING FINANCIAL SUPPORT FOR THE 1995 U.S.
WOMEN'S OLYMPIC MARATHON TRIALS
WHEREAS, the Greater San Diego Sports Association and Elite Racing, Inc. are submitting a
bid to hold the 1995 U.S. Women's Olympic Marathon Trials in the Chula Vista/San Diego area; and
WHEREAS, event organizers must raise $1.5 million to successfully bid for this event which
is anticipated to attract 250,000 spectators and generate an estimated $10 million in spin-off economic
benefits; and
WHEREAS, the event would begin at Chula Vista's Olympic Training Center and run its first
10 miles through Chula Vista, receiving national television and other media coverage; and
WHEREAS, Chula Vista has been requested to contribute $65,000 over 3 years to help sponsor
the event, and to contribute police and road closure services at no cost; and
WHEREAS, the Port District and other South Bay cities are also being requested to provide
support; and
WHEREAS, this world class event has been endorsed by the Chula Vista Economic Development
Commission as an exciting, promotional opportunity to enhance Chula Vista's image and visibility both
nationally and internationally and to encourage tourism-related expenditures benefitting local business.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby resolve to
support in concept the request for $65,000 in funding over a 3 year period ($15,000 FY 94; $25,000
FY 95; $25,000 FY 96) contingent upon among others:
1) approval of the bid by the USA Track and Field Women's Long Distance
Running Committee;
2) commitment by the Port District to match on a 1: 1 basis the total funds
contributed by sponsoring cities;
3) a contractual agreement that the Olympic Training Center and the course's first
10 miles are identified as located in the City of Chula Vista in all media
coverage, including, but not limited to, television, all print advertising, course
maps, and entry forms. This agreement will include the requirement that Chula
Vista banners be prominently displayed in the Olympic Training Center start area
and along the lO-mile course.
4)
identification of appropriate Chula Vista funding sources and an annual appropriation of
funds by Council.
~ ~.
~'5
~
WPC F:\home\conundev\1218.93
Presented by
Chris Salomone
Director of Community Development
WPC F:\home\commdev\l218.93
~W*
Bruce M. Boogaard
City Attorney
b--I,
AGENDA
ECONOMIC DEVELOPMENT COMMISSION
CITY OF CHULA VISTA, CALIFORNIA
Wednesday, August 4, 1993
12:00 Noon
Conference Rooms 2&3
Public Services Building
CALL TO ORDER/ROLL CALL
The meeting was called to order at 12: 15 p.m.
PRESENT:
Chairman Tuchscher, Members Compton, Davis, MasIak: (arrived at 12:25 p.m.), LoBue; Ex-
Officio Members Moore, Washington, Sutherland, SeIlgren,Clark
ABSENT:
Members Allen, Peter, Ex-Officio Patrick
STAFF:
Community Development Director Salomone, Economic Development Manager Dye,
C.D. Specialist Rofoli, Recording Secretary Kemp
1. APPROVAL OF MINUTES - Meeting of April 7, and May 5, 1993
There being no quorum, the minutes were tabled umil after the presentations were made.
Chairman Tuchscher introduced newly appointed ex-officio Sheila Washington to the Commission.
2. NEW BUSINESS
a. Women's Olympic Marathon Trials Presentation - Greg Cox, Tim Murphy
Greg Cox and Tim Murphy from Elite Racing gave a presentation on funding sources and media coverage of the
Women's Olympic Marathon Trials. They are working with the San Diego Sports Foundation to host the Olympic
Trials this year. The course will start in Chula Vista and go from Coronado over the bridge and then to the San
Diego Convention Center. The Port District has been asked to contribute matching funds, but as of this date had
not yet officially committed to the request. Mr. Murphy noted that this competition will designate the 3 women
that will represent the United States in the next Olympics. They are bidding against Los Angeles; Charlotte, North
Carolina; Philadelphia, and Orlando for this event to be held here.
Mr. Murphy introduced Steve Scott who has competed in five Olympic trials. Mr. Scott noted that the trials are
even more intense in competition than the Olympic Games and this would be a chance to showcase women's
running .
Mr. Cox requested that the EDC consider asking Council for $15,000 in FY 93-94, $25,000 in FY 94-95 and
$25,000 in FY 95-96.
Chairman Tuchscher stated they could look to the EDC for support. He asked if the Port would match funds with
other cities as well?
Mr. Cox responded that they are working on this with the Port; the idea is to match funds, but the City of San
Diego will be asked for a higher level of funding since their city stands to gain more financially.
MS (MaslaklDavis) to support and recommend to Council funding as requested (5-0-2; Allen, Peter, absent).
(Note: two vacancies currently exist.)
..
6-7
6///1,
~~
~
ECONOMIC DEVELOPMENT COMMISSION
CITY OF CHULA VISTA
SPONSOR PROPOSAL FOR
WOMEN'S OLYMPIC MARATHON TRIALS
As a Sponsor of the Women's Olympic Marathon Trials, the City of Chula Vista
will receive the following benefits:
1. This nationally televised event will begin in Chula Vista - adjacent to
the Eastlake Business Center (Otay Lakes Road and Eastlake
Parkway).
2. Staging of the competition will be at the Olympic Training Center in
Chula Vista.
3. Because of the start and staging locations, Chula Vista will receive at
least 10,000,000 positive impressions nationally.
4. The course map featured on the NBC telecast will clearly feature the
location of Chula Vista and its relative position in San Diego County.
5. Chula Vista will be included in the two year, one million dollar
promotional program.
6. A three hour live NBC telecast will feature Chula Vista via the Chula
Vista Olympic Training Center and be a virtual" televised post card"
of the first 10 miles of the course.
~-'9
10509 VlSTASORRENTO PARKWAY, SUITE 102. SAN DIEGO. CA 92121 .619/450-6510. FAX 619/450-6905
PAGE 2
ECONOMIC DEVELOPMENT COMMISSION
CITY OF CHULA VISTA
SPONSOR PROPOSAL
7. An 18 month "speakers bureau" program that brings Olympic athletes
to schools will be instituted in January of 1994. The main focus will be
on the Chula Vista city schools.
8. In conjunction with the City of Chula Vista Public Relations
Department and the Eastlake Public Relations Department a major
national media campaign will promote Chula Vista and highlight the
city's position in the event.
9. Aerial and other camera footage (broadcast quality) will be provided to
the City of Chula Vista for presentations and promotions.
10.An 8 minute broadcast quality, promotional video focusing on Chula
Vista's 'Olympic qualities' will be produced for use by the City of
Chula Vista. This video will feature Chula Vista's beauty, positive
business climate, quality lifestyle and other 'selling points'. The script
will be approved by the Economic Development Commission of Chula
Vista and is an ideal promotional tool for the City of Chula Vista in
general business presentations and for prospective new businesses.
11. The Chula Vista commitment will be matched by the Port of San
Diego.
As a sponsor of the Women's Olympic Marathon Trials, the City of Chula
Vista would be responsible for the following:
1. Cash sponsorship commitment as follows;
Fiscal Year 1993/1994 $15,000
Fiscal Year 1994/1995 $25,000
Fiscal Year 1995/1996 $25,000
2. Provide police and road closure services at no cost to event.
3. Further participation and supervision as desired.
NOTE: If we are not awarded the Olympic Trials, then there would be no
cost or obligation to the City of Chula Vista.
~ ,.It:)
u.s. Women's
Marathon Trials
Choosing America's Olympians
Chula Vista ... Coronado ... Imperial Beach
National City ... San Diego
~~\
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The Road To A~anta
" 111" San Diego
Beg111S
Margaret Groos beams a winning smile while capturing 1988 Trials
It is November, 1995. News about Atlanta's preparations for the
approaching Games of the XXVIth Olympiad has become more and more
frequent. Now, on a crisp, clear day meant for running in a city with a new
Olympic Training Center, the stories about the 1996 Games crystallize.
The first trials to determine the members of the 1996 U.S. Olympic track
and field team are underway. The U.S. Women's Marathon Trials are
being run in San Diego.
San Diego and the 1995 U.S. Women's Marathon Trials - it's the right
combination for the event that will help the nation catch, once again, the
special spirit that comes when the Olympics are held in America. From the
skills of our marathon organizing team, to our area's hospitality and
attractions, to the unique philosophy with which we are approaching this
very special event, America's Finest City is the right choice for America's
Finest Marathoners. We are the nation's sixth-largest city, and we'll have
a national television spotlight. Yet, we still have a community spirit that will
make each participant - and sponsor - feel as special as the lucky women
who ran in the first U.S. Women's Olympic Marathon Trials in Olympia,
Washington, on May 12, 1984.
^ 7#AMF'
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U.S.A. WOMEN'S NATIONAL CHAMPIONSHIP
& SELECTION RACE
FOR THE OLYMPIC MARATHON
~ LOCATION: ~ ATHLETE HOSPITALlTYrrRAVEL:
San Diego County, California $150,000
~ DATE: ~ PRESS CREDENTIALS:
November or early December 1995 300
~ COURSE: ~ TELEVISION:
. Starting at the Olympic Training Center Three hours live on NBC, CBS, ABC or
in Chula Vista and finishing at the San ESPN plus international distribution
Diego Convention Center in downtown ~
San Diego - 26.2 miles SPECTATORS:
~ 250,000
AFFILIATED EVENTS:
. 5k Peoples Race - Men ~ CORPORATE SPONSOR
. 5k Peoples Race - Women OPPORTUNITIES:
. Four day women's sports, health and . Lead Sponsor - $400,000
beauty expo at San Diego Convention . Presenting Sponsor - $225,000
Center . Official Sponsor - $75,000
~ PARTICIPANTS: ~ ECONOMIC IMPACT:
. Women's Trial Marathon - 250 Preliminary estimate - $10,000,000
. 5k Men - 6,000 ~
. 5k Women - 3,000 LEGACY OF EVENT:
. Expo - 25,000 The creation of a Greater San Diego
~ Sports Association fund to promote
WOMEN'S TRIAL PRIZE MONEY: women's athletics, and the establishment
$150,000 - $180,000 of an annual all-women's marathon.
.
;;-13
.
The 1995 U.S. Women's
Marathon Trials in San Diego
will be more than just one race.
.
For starters, event organizers will
use a concept that has helped
build the Carlsbad 5000 into
one of the world's leading road
races. People's races - a 5
kilometer (3.1 miles) for men
and another for women - will
precede the finish of the
marathon. The races not only
will allow the general public to
be an active part ofthe day, but
guarantee Trials' marathoners
a rousing welcome when they
reach downtown San Diego. At
Carlsbad, the same concept has
resulted in crowds of more than
35,000 lining the streets in one
of running's most colorful sights.
Even before the races, a four-
day women's sports, health and
beauty expo will be featured at
the beautiful new San Diego
Convention Center.
.
Most importantly, the U.S.
Women's Marathon Trials will
be more than just one race.
While all the marathoners will
run in the same race, they will
be competing on two levels. On
one level, approximately 20
runners will seriously contend
for the right to represent America
in the Olympic Marathon. On
another level, as many as 300
more women will culminate
years of training and dreams by
taking part in an official Olympic
Trials event. To them, this is
their Olympics.
At San Diego, there will be two
tiers for qualifiers. Women
running a qualifying marathon
in less than 2 hours, 50 minutes
will be permitted to enter the
San Diego race. Women
running a qualifying marathon
in less than 2:42 will have their
expenses paid.
Any woman finishing in the top
three in San Diego qualifies for
Atlanta, which is why - in 1995
- San Diego will be only 26.2
miles from Atlanta.
Who Qualifies to Run?
1) To run in San Diego, women must finish an accredited
marathon in less than 2 hours, 50 minutes within an 18-
month period (to be designated by USA Track & Field).
2) Women running a qualifying marathon in less than
2:42 will have their expenses paid.
3) The top three finishers in the U.S. Women's Marathon
Trials at San Diego qualify to run for America in the
1996 Olympic Marathon at Atlanta.
f-/1
.
NATIONAL I)
CITY
CHULA
VISTA
N
. IMPERIAL A
BEACH
.
Beginning at the new U.S. Olympic Training Center in
Chula Vista, the 1995 U.S. Women's Marathon Trials
course will be scenically stunning. Included will be a
crossing of the two-mile long San Diego-Coronado Bay
Bridge (left) and a finish in downtown San Diego (above).
The 1995 U.S. Women's Marathon Trials are a joint
effort of the five member cities of the Port of San Diego:
Chula Vista, Coronado, Imperial Beach, National City
and San Diego. Representatives of all
five cities, as well as the County of San
Diego, are solidly behind the bid to bring
America's finest women marathoners to
the San Diego area in 1995. In addition,
the Port of San Diego, a special purpose
district formed in 1962 to administer the tidelands
surrounding San Diego Bay, is supporting the effort.
t'~/3
.
.
.
u.s. Women's
Marathon Trials
1995 u.s. Women's
Marathon Trials:
Timeline
1994
1995
1996
Fourth Women's
Olympic Marathon is
run in Atlanta.
t-/~
.
.
.
Event
Objectives
1. To produce a technically perfect, memorable and positive
event for the women competing to represent the United States
in the 1996 Olympic Marathon.
2. To promote San Diego as the ideal sports haven by highlighting
the Olympic Training Center, San Diego Harbor and other
sports facilities and properties in the three-hour live national
telecast of the event.
3. To offer sponsors, marathoners and officials of the U.S.A.
Track & Field long-distance committee the opportunity to
form mutually beneficial relationships in which the goals of all
can be achieved.
4. To celebrate the contribution of women in all aspects of society
with a four-day sports, health and beauty expo.
5 . To offer the largest prize purse in the history of American
women's marathons.
6. To create a legacy of a Greater San Diego Sports Association
fund to promote women's athletics and the establishment of
an annual all-women's marathon.
Photo by JANEART
Great Britain's Wendy Sly
and America's Betty Jo
Springs sprint to the tape
in a great finish at the 1983
International Amateur
Athletic Federation 10K
World Championship in
San Diego. The
establishment of similar
women's races, including
an annual women's
marathon, is a goal of the
1995 U.S. Women's
Marathon Trials.
&-17
. ~ A History Filled with Great Runners & Stories
.
.
The history of the U.S. Women's Marathon Trials
begins with one name - Joan Benoit Samuelson. Only
17 days after having knee surgery, Benoit gotthe U.S.
Women's Marathon Trials off to an unforgettable start
in 1984 by winning in Olympia, Washington, in2:31:04.
Later that year, she would, as The Runner magazine
said in a headline, be "First for All Time" after winning
the first Olympic Women's Marathon gold medal in
history. Her time of 2:24:52 brought her home ahead
of Grete Waitz of Norway and Rosa Mota of Portugal.
Will Benoit (now Samuelson) be back in 19967 Only
time will tell for the remarkable runner who was the
fifth-ranked U.S. women's marathoner last year after
winning Columbus in 2:32.20.
Benoit's dramatic success in 1984 highlighted the gains
of women runners from the introduction of women's
Olympic Track and Field events in 1928, to the first
running of the Women's Olympic Marathon in 1984. In
1928, the only track events in which women were
allowed to compete were the 100 and 800 meters.
After the 800, it was determined that the women were
in such an "exhausted state" that they weren't given
the opportunity to run the event again until 1960.
In 1984 the doors finally opened for women distance
runners with the inaugural Women's Olympic Marathon.
Top U.S. women gathered in Olympia, WA., to be the
firstto representthe United States in the Marathon. To
qualify to run in the selection race - the Trials - the
women had to have run 2 hours, 50 minutes. Benoit
blew through the open door, with her memorable run
capping a great week in Olympia for women's running,
as she, Julie Brown and Julie Ishphording qualified.
In 1988, the T rials were held in Pittsburgh. The qualifying
time had dropped to 2:49, and the U.S. team was
made up of Margaret Groos, Nancy Ditz and Cathy
O'Brien.
In 1992, the Women's Olympic Marathon Trials were
held in Houston. Again, the qualifying time had
dropped, this time to 2:45. The three finalists who went
on to Barcelona were Janis Klecker, Cathy O'Brien and
39-year-old Francie Larrieu Smith.
t ~! 2('
.
1984 Olympia, 2 hours, 50 minutes Joan Benoit Joan Benoit, 1st, 2:24:52
WA Julie Brown Julie Brown, 36th, 2:47:33
Julie Ishphording Julie Ishphording, DNF
1988 Pittsburgh, 2 hours, 49 minutes Margaret Groos Nancy Ditz, 17th, 2:33:42
PA Nancy Ditz Margaret Groos, 39th, 2:40:59
Cathy O'Brien Cathy O'Brien, 40th, 2:41 :04
1992 Houston, 2 hours, 45 minutes Janis Klecker Cathy O'Brien, 10th, 2:39:42
TX Cathy O'Brien Francie Larrieu Smith, 12th, 2:41 :09
Francie Larrieu Smith Janis Klecker, 21st, 2:47:17
1996 San Diego, 2 hours, 50 minutes
CA (2:42 for expenses
to be paid)
.
A History Filled with
Great Runners & Stories
From left in large photo: Margaret
Gross, Nancy Ditz and Cathy
O'Brien run side-by-side in 1988
U.S. Women's Marathon Trials in
Pittsburgh. Led by Groos (inset
photo) they would finish 1-2-3. At
right in the large photo is Lisa
Weidenbach, who incredibly has
finished fourth - one spot from
making the team - in all three Trials.
.
(p ~/ 7
.
A History Filled with Great Runners & Stories
Great Stories
In Houston
.
At age 39, Francie Larrieu Smith (above photo)
finished third at Houston and qualified for her fifth
Olympic team. The Texas runner later was chosen to
carry the U.S. flag in the opening ceremonies at
Barcelona. Meanwhile, Minnesota dentist Janis
Klecker (right photo) recovered from a mid-race fall
to win the 1992 Trials.
.
Contrasting Image:
First Run
The first visual record of
women runners in Southern
California is this 1916 photo
of a "Married Ladies' Foot
Race, " supplied by photo
historian Ernest Marquez.
The women, dressed in their
Sunday finest, break from
the starting line on the
Santa Monica Pier. The
image is in stark contrast to
today's marathons, but
underscores the goal of
advancing women's
running.
t~c20
.
The Organizing Team
I-I
Greater San Diego Sports Association
.
A//I" ___
Tille- ~
Elite Racing. Inc.
1995
U.S. Women's Marathon Trials
Task Force
.
;; r-cA I
.
.
.
From the Super Bowl to the Davis Cup,
GSDSA Is No Stranger to Major Events
Picture San Diego without Jack Murphy Stadium, without the Thrifty Car Rental Holiday Bowl,
without the Padres or Chargers, without the Super Bowl or Major League Baseball's All-Star game!
If it weren't for the Greater San Diego Sports Association (GSDSA), the local sports scene could
be very bleak. This dynamic organization of sports-minded San Diegans led the drive to have the
Stadium built, helped bring major league sports to town,
founded the highly successful Holiday Bowl and continues
to coordinate efforts to bring world class sports events to
San Diego.
Now, GSDSA is coordinating the effort for San Diego to
host the 1995 U.S. Women's Marathon Trials, which will
select America's Olympic Marathon Team.
"The Greater San Diego Sports Association is privileged
to have the opportunity to assist in a community-wide
effort to obtain the U.S. Women's Marathon Trials for San
Diego," said GSDSA President Jim Marinos. "With the
kind of support that already has come forward, we feel
confident we can show the Women's Long Distance
Running Committee that San Diego is the clear choice to
host this outstanding event."
GSDSA is a supporter of San Diego's collegiate athletic
programs, the America's Cup, the Olympic Training Center,
the Century Club and its sponsorship of the Buick
Invitational of California, the Hall of Champions Sports
Museum, the San Diego Crew Classic and Junior Golf.
Major events such as the USA-France Davis Cup, the Ralphs Holiday Classic and the Super Bowl
have been attracted to San Diego by GSDSA.
Organized in 1961, GSDSA helped bring the Chargers to San Diego from Los Angeles. Later, the
group financed a feasibility study that encouraged the city administration to call for a stadium
referendum. San Diego Stadium opened August 20, 1967.
GSDSA membership includes over 600 business leaders, political figures and sports enthusiasts
from all walks of life.
For information regarding the Greater San Diego Sports Association, call 283-8221.
Holiday Bowl: Founded by GSDSA
t - 22-
.
~///".
_"O..__c-..
c~~
BF'C'lRTS MARKE "N...... ....ANA.....""..N ,
A National Leader in Running Events,
Elite Racing Ideal Choice for Marathon
.
All you need to know about Elite Racing,
Inc.'s ability to stage the 1995 U.S. Women's
Marathons Trials can be summed up by how
people view its events.
As Tony Reavis, long-time running
commentator and ESPN analyst, says about Elite
Racing's Carlsbad 5000: "This is the best 5K in
the world - Period!"
The San Diego-based company, which also
operates a fully-staffed office in Costa Mesa, has
become a national leader in promoting world-
class running and cycling events. Its team of eight
full-time and 10 part-time employees, headed by
Tim Murphy, manages 25 first-class sporting
events each year. Among them are:
The St. Patrick's Dav Run for the Blind
. The largest 10K in Southern California
. Traditionally, the fastest lOKin Southern
California
. In 1992, it raised more than $300,000 for
blind children
The Carlsbad 5000
. The largest running event in San Diego
County
. Regarded as the best 5K in the world
The Arturo Barrios Invitational
. Regarded as the most important Hispanic
sporting event in the United States.
.
In addition, Elite Racing produces 14 half-
hour race documentaries for ESPN on its "Foot
Locker Road Race of the Month" series. Also,
Photo: Bob Betancourt
William Mutwol sets 13: 11.7 world 5,000 mark
at Carlsbad 5000 in 1992.
Murphy has served as Race Director for the
Chicago Marathon.
In 1992, Elite Racing telecast the U.S.
Women's Marathon Trials from Houston as part
of the ESPN series. Its footage included a
remarkable sequence of Cathy O'Brien turning
around and stopping to help fellow runner Janis
Klecker, who had fallen. Klecker went on to win
the Trials, and O'Brien also qualified for the
Barcelona Olympics by finishing second.
t rY-;3
.
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=F'OAf= MAHK!:rING & MANAut:Mt:NI
.
A Success Formula
For the 1995 Trials
.
The Carlsbad 5000 features
many ingredients that will
make the 1995 U.S. Women's
Marathon Trials a success:
. A technically perfect race
where world-class runners
(such as William Mutwol
and Richard Chelimo,
right) perform well and
return year after year;
. People's races, which help
build excitement - and
crowd support - for the
elite race;
. Television exposure.
Photos: Bob Betancourt
t~i
.
Task Force Brings Wealth of Experience,
Broad-Based Community Support to Bid
.
Bob Babbitt - Publisher, Competitor Magazine.
Ken Bernard - President, USA Track & Field, San
Diego!Imperial Association.
Brian Bilbray - Chairman, San Diego County Board
of Supervisors.
Sue Blackman - Council Representative, City of
San Diego
Board of Directors, San Diego Track Club -
Largest track club in San Diego area.
Carl Brandt - Owner, Movin' Shoes.
Julie Brown - Attorney, Olympic marathoner.
Oonagh Broni - Runner.
Mac Clark - President, Dial Pro, Inc.
Tom Coat - Owner, Coat Publications.
Cindy Cohagen - Communications consultant.
Joe Collins - General Sales Manager, KNSD -
Channel 39.
Patrick Connors - Vice President Marketing, Mesa
. Distributing
Greg Cox - Principal, Cox & Associates.
Kathy Davis - Executive Director, Idea, Inc.
Peter Davis - CEO, Idea, Inc.
Rick Emerson - Chief of Police, City of Chula Vista.
Neil Finn - Race Director, AFC Half-Marathon.
Ron Fowler - President, Mesa Distributing.
Chandra George - GSDSA.
Sal Giametta - Vice President, San Diego Convention
and Visitors Bureau.
Susan Golding - Mayor, City of San Diego.
Bob Hammond - Owner, Hammond & Co.
Chuck Hansen - President, Hansen & Associates.
Mike Hentigan - President, Hentigan, Brace &
Associates.
Broce Herring - Deputy City Manager, City of San
Diego.
Basil Honikman - President, USA Track & Field
News.
Sam Howland - Runner.
Thorn Hunt - Two-time Olympic Marathon Trials
participant.
Mindy Ireland - Two-time Olympic Marathon Trials
participant.
Jeanne Johnson - Two-time Olympic Marathon
Trials participant.
Patti Kr/!bs - Chainnan's Assistan~ County of San
Diego.
TIm Larrick - Vice-President, McCann Erickson.
.
Mark Leisinger - Marathoner.
Mike Long - Marathoner.
Beth Lynch - Merchandising Director, Noble Sports
Marketing.
Mike Madigan - Vice Presiclen~ Pardee Construction.
Jim Marinos - President, GSDSA.
Gloria McColl - GSDSA.
Steve McCormack - Marathoner.
Louise Miesfeld - Senior Account Executive, Nelson
Communications Group.
TIm Murphy - President, Elite Racing.
Tim Nader - Mayor, City of Chula Vista.
Dave Nuffer - San Diego Chamber of Commerce.
Ed Oleata - Vice-President, Merrill-Lynch.
Chuck Pennell - San Diego Track Club.
Bob Phillips - President, Phillips Marketing.
Ed Phillips - Sports Writer, San Diego Union-
Tribune.
Toni Reavis - Commentator, ESPN.
John Reid - Executive Director-Holiday Bowl,
GSDSA.
Mike Riley - Partner, Hensen & Associates.
Reint Reinders - President, San Diego Convention
& Visitors Bureau.
Ron Roberts - Councilman, City of San Diego.
Kaye Rowan - Director of Marketing, San Diego
Athletic Club.
Chris Salomone - Director of Community
Development, City of Chula Vista.
Billie Schafer - Escrow agent, Gateway Title.
Steve Scott - Olympian.
Jim Skelly - President, San Diego Track & Field
Association.
Valerie Stallings - Councilwoman, City of San
Diego.
Sarah Suggs - DirectorofMarketingCommunication,
La Costa Resort and Spa.
Ellen Turkel- Olympic Marathon Trials participant,
President, Fit for Business.
Ted Uhler - Community relations, Cox Cable.
Juan Vargas - Council Member, City of San Diego.
Lisa Weidenbach - Three-time Marathon Trials
participant and Boston & Chicago Marathon winner.
Anne Wolfe - Business Banking Officer, Wells Fargo
Bank.
Carolyn Wormser - Director of Special Events, City
of San Diego.
t/~.
.
Cities, Groups
Supporting
Trials Bid
P", ,<,
,,', ,
.
At Olympia, Washington, in
1984, one of the great success
stories of marathoning history
was played out when a
community, athletes and an
organization came together to
produce a magical event - the
first U.S. Women's Marathon
Trials. A key factor was
community support. That type
of atmosphere is building in San
Diego with the following groups
already supporting the area's
bid to host the '95 Trials:
.
Soon Grouos
Greater San Diego Sports
Association
San Diego Track Club
Bonita Road Runners
Chart House Running Club
Government Bodies
Unified Port District
City of Chula Vista
City of Coronado
City of Imperial Beach
City of National City
City of San Diego
County of San Diego
'~s a three-time Olympic Trials Marathon
participant, I would like to express my
overwhelming support for the 1995/96
Women's Olympic Marathon Trials being
staged in San Diego. ... When a runner trains
for months for a particular event, the last thing
she wants to worry about is whether or not the
race will have any glitches. From my
experiences, I feel Tim Murphy, Elite Racing,
and the City of San Diego will offer each and
every runner an event they will always
remember. "
- Usa Weidenbach,
1984, '88, '92 Olympic Team Alternate
BE IT PROCLAIMED by Chairman Brian P.
Bi/bray and the Board of Supervisors of the
County of San Diego on this 28th day of
January, 1993, that they do hereby support the
efforts of the Greater San Diego Sports
Association, the San Diego Track Club and all
other area running clubs and encourage USA
Track and Field to name San Diego as site of
the 1996 Women's Olympic Marathon Trials.
- San Diego County Board of Supervisors
Full letters, proclamations at rear of proposal
&~?-
.
And To Touch the Olympic Spirit,
Up-Close and Personal
.
.
Some of the 70 miles of Pacific Ocean beaches in San Diego
/; ~~ 7
We can't promise beach
weather, but San Diego is a
beautiful place to race, entertain
corporate guests, or just plain
walk in the sand in November.
With an average high daily
temperature of 70.10 and an
average low of 51.50 in
November, San Diego figures
to offer marathoners nearly ideal
weather for racing.
Butthe real beauty of San Diego
comes from the endless variety
of activities, attractions and
amenities to be enjoyed here.
The list begins with 70 miles of
Pacific Ocean beach, two
sparkling bays, several nearby
mountain ranges, a breathtaking
desert and an international
border.
And, as the marathoners will
discoverwhen they finish in San
Diego, downtown has grown
up. Now the sixth largest city in
the U.S., San Diego has it all-
weather, natural beauty and
endless attractions. But it hasn't
lost its small-city feel.
.
For Marathoners and Corporate Guests,
San Diego Offers Serious Chances To Play
.
From sailing to golf, Sea World to the
Zoo, or taking a run/walk at Balboa Park,
San Diego is a great place for marathoners
and corporate guests. Noting its active
lifestyle, Sports Illustrated, said: "For sheer
numbers of participants, diversity of
pursuits and intensity of involvement,
San Diego must rank as the sports and
fitness capital ofthe U.S.!" What an ideal
place to run the 1995 U.S. Women's
Marathon Trials. Or, to entertain your
important corporate guests.
.
t/J~
.
.
.
San Diego's hosting of the 1995
U.S. Women's Marathon Trials
also means valuable, sometimes
unique, efforlswill be used to make
the event standout. That's true,
for example, in publishing.
Using the resources of San Diego-
based Coat Publications - which
worked on the America's Cup and
Barcelona Olympics in 1992 - San
Diego will offer special
publications, such as:
. Marathon Newsletters.
Produced quarterly in 1994
and then on a more regular
basis leading up to the
(Continued)
Newsletters will help build event
awareness with the media, runners,
and the community.
~!~<}~
Julie Brown
1995 u.s. Women's Marathon Trials
Same-day souvenir booklets (sample above), with customized
covers for each runner, will make the great memories last.
t--.2;
.
.
(Continued from previous page)
November 1995 Trials, these
publications borrow on an idea that
was used successfully by organizers
of the first Women's Marathon Trials
in Olympia. Included will be short
features on qualifiers, updated lists of
qualifiers, news about women's
running, etc. The targeted audience
will be qualifiers, the media, sponsors,
key officials in the running community,
and (to build community awareness)
outlets in the San Diego area.
+ Particioant/Soonsor Proarams.
The best of our Marathon newsletters
will be added to up-to-the-minute
information on scheduled events and
news developments in a pre-race
booklet directed at participants,
sponsors and officials. Posters: Great souvenirs for participants and sponsors.
+ Media Guide. A key objective of the 1995
Trials is to further the development of
women's marathoning. Reaching the media,
through our newsletters, press releases and a
"keeper" media guide is critical to this goal. +
+ Souvenir Books. Using Coat Publications'
Event Publishing system, which was used to
produce this proposal, we plan to give each
participant a perfect-bound souvenir book at
the post-race awards banquet. Customized
.
with individual cover photos and sponsor
logos/ads, the photo-dominated booklets will
become a lasting part of participants' libraries.
Marathon Poster. Another popular idea at
Olympia were posters given to each runner
on arrival. During their stay at Olympia,
runners got autographs from their fellow
marathoners, which helped "break the ice"
while providing a great souvenir. Autorgaphed
posters also are envisioned for sponsors.
t ---yO
.
. . ~t\\t"
~et\e\\\S. tO~~\CS
s~ot\so~\ oet'Oog
10 Gte
Demographics of The Runner
The following is a summary of demographic information compiled from major surveys:
.
100
80
60
40
20
o
~ ~-~~~
~~\'\~ "~~~-~~~~~-
/~ "'~__ ~~ ~~ II
:::-,' i.,: ,~_ ~:~___ .;11
.. ':,~ li' ~ ..... ::
" L" f
iCpmpetltor
<....'..'.fif....'>.......:......><..:..::.
;Magazlne
:'1;;t&,,'1:,i,"':':- ....,...,
Ownllclr-92"
HaveVlSAcard.91" '.
OwnI+blcyc:IeI-88" -.~
Usesportsnutrlllonlllproducts-80'1
Use v1b1mlns Of food supplements. 75"
Use akin Ca1e products. 71'l
Travel out oflown to events. 66"
Belong 10 1+ helllthclubs-62"
Eot out 4-12 perweell. 49"
~, I
.......j
.. .". ""';IRunrierr.Wl:li'ldmagazlne .
. . Ru'itnlngTlm..inagazlrie
15,2%
Average age
College educated
Hold post-graduate degrees
Professionallmanageria I
Median income
39 years
83%
46%
Ages 18-49
College educated
Household income $50,000+
Household income $75,000+
Household income $100,000+
83.8%
74.1%
46.2%
28.3%
79%
$53,600
.
b;J J
.
Timing
Couldn't
Be
Better
For
Sponsors
.
The timing of the 1995
U.S. Women's Marathon
Trials is ideal for
marketing/advertising
campaigns leading into
the 1996 Atlanta Games.
In November of 1995,
the three runners
making up the U.S.
Women's Marathon
Team will be set. That
gives you time to feature
an athlete or athletes in
a marketing campaign.
And, another huge plus,
as the lead Trials
sponsor, you'll have a
relationship already
established with the
athletes.
.
Photo by JANEART, L TO.
Marianne Dickerson (left) and Debbie Eide qualifying for the 1983
World Championship marathon, where Dickerson won a silver medal
~h 25 Lead Sponsor Benefits
As Lead Sponsor of the u.s. Women's Marathon Trials, your company
will receive the following sponsorship benefits;
1. The opportunity to form an association in an Olympic glamour
event, and one of the more successful U.S. distance running events.
Also, the opportunity to help promote the sport of women's distance
running.
2. The opportunity to effectively tie into today's dynamic "women's
market" with a recognizable investment.
3. Prominent exposure on live, 3-hour national telecast of the Trials.
(Continued)
h/32
.
From world-class sailing (America's Cup) to a dinner cruise on sparkling San
Diego Bay, San Diego offers unique hospitality opportunities.
(Continued from previous page)
.
4. Sponsor's name and/or logo on 10,000 race
numbers worn by U.S. Women's Marathon
Trials participants and entrants in the
accompanying People's Race.
5. Exclusive placing of name and/orlogo on the
finish-line tape.
6. Name, logo and advertising rights in all
newsletters mailed to participants, the media,
sponsors and officials, as well as distributed
in outlets in San Diego County. In addition,
information from our newsletters will be
customized, as desired, for use in your internal
publications.
7. Name and/or logo on start/finish line banners
(approximately 3W x 20').
8. The opportunity to display up to 40 banners
(approximately 3' x 10') along the course, at
pre-race press conferences, in the media
room, atthe post-race press conference area,
and at the start/finish areas.
.
9. Corporate hospitality opportunities to be
arranged. These include:
a) Sponsor finish area tent(s) can be
arranged to be fully catered and themed
around sponsor;
b) Seating privileges at finish area;
c) Access to athletes following the race;
d) Specially arranged visits to San Diego-
area attractions;
e) Special auxiliary event activities such as
golf, tennis, sailing events/outings,
banquets, etc.
f) Free corporate entries into People's 5K
for your key employees/customers;
g) Opportunity to entertain key clients/
employees at a pre-race press conference/
party;
h) Attendance at special pre-race functions,
such as a welcoming reception/party with
civic representatives and former
Olympians;
10. Name and/or logo prominently displayed in
all advertising and promotional materials.
This includes sponsor name and/or logo in all
event advertising. Total paid advertising will
be $50,000. Newspaper, radio and television
(Continued)
b~])
.
25 Top Sponsor Benefits of Marathon Trials
(Continued from previous page)
sponsors will contribute an additional
$400,000 in advertising.
11. Name in all press releases generated for the
event.
12. Title of the People's 5K event.
13. Name and/or logo on 10,000 T-shirts worn
by marathon competitors and 5K participants.
.
14. Name and/or logo on 2,500 event posters
distributed to athletic/sporting goods stores,
health clubs, and market chain sponsor, as
well as other high-volume retail outlets
throughoutSouthem California. Also, posters
given to all qualifiers and sponsors in the U.S.
Women's Marathon Trials upon their arrival
in San Diego.
15. Name and/or logo on 250,000 entry forms
for People's 5K race distributed throughout
Southern California.
16. Name and/or logo on information sheets
mailed to registered participants.
17. Name and/or logo on the cover of the official
media guide for the event. In addition, ad
editorial page, the content of which will be
subject to mutual agreement, will be included
in the media guide about your company's
sponsorship of the Trials. Also, a full-color ad
on the back cover of the media guide.
18. Name and logo on the cover of the official
event program, as well as an editorial page
about your company's support of the event.
Also, a full-color ad on the back cover of the
official program.
.
19. Name and logo on the cover of the U.S.
Women's Marathon Trials Souvenir Booklet
Kristy Johnson got 1993 off to a quick for
U.S. women marathoners by defeating a
strong international field at Houston to
win in 2 hours, 29 minutes, 5 seconds. Last
year's Top 10 U.S. women marathoners,
according to Track & Field News, were:
,
1. Janis Klecker
2. Cathy O'Brien
3. Francie Larrieu Smith
4. Lisa Weidenbach
5. Joan Samuelson
6. Chris McNamara
7. Joy Smith
8. Maria Trujillo
9. Jane Welzel
10. Jan Ettie
:
,
"
.
given to all marathon participants at the post-
race banquet. In addition, the option of
commercially printing additional copies of
the souvenir booklet for distribution to key
clients/employees, the media and officials.
20. Booth space at the four-day sports, health
and beauty expo at the harbor front San
Diego Convention Center. Also, opportunity
to have speaker address the convention.
21. Name and logo on awards distributed to
marathon finishers and 5K participants.
22. Commercial opportunities on telecast.
23. Opportunity for charity tie-in to promote
women's sports.
24. Lead position in all sponsor listings,
promotions and displays.
25. Prominent position in all city displays. A total
of 100 libraries and city halls will feature
displays in the cities of San Diego, Chula
Vista, National City, Coronado and Imperial
Beach.
t~3i
.
.~\.\ities ..
t\S\\J
t Res~~ 'ttia\s
S ot\so n.'\et\ S
\.~9~;~o
.
u.s. Women's
Marathon Trials
In return for the benefits listed on the previous pages
and throughout this proposal, your company will be
responsible for:
1. $400,000 cash contribution.
2. Product, promotion or service to be
negotiated.
3. Further participation and supervision as
desired.
.
/
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Blade-Citizen
Friday, January 29, 1993
.
Marathon
trials to
San Diego?
117 _ Sehalfleld
Sports Editor
SAN DIEGO - TIle lueeall of
lbe Carlabad 5000 h.. opened the
door for SaD. Dielo to bId on the
11"8 United State. Olympic
women" marathon tri.l..
Greater San Diego Sportl Ano-
dation omeials lDDouoeed Tbun-
day they're orpnitin, an eftbrt to
brine the marltbon here.
The tria" wou.ld take place ia
either November or December of
1895 on a new course that would
atarl at the Ol)'lllpl. TrIlnlng CeD-
Ier in Chula Vista. IUD tbroQCb the
barbor town, of Imperial Beach.
Se Yaldro and Coronado. and nn.
lib ae.r the harbor In downtown
SIn Diego.
San Dle,o is in a posiUon to bid
OD this event bec::8UJe or race pro-
moter Tim MurphY. laid Julia
Emmons, eset:utive chairman of
the Olympi. long-dlatalll:' runoIng
committee. It'. her committee that
will decide where the trl81. will be
held.
EmmODl new bJ from AUanll to
be part of the announcement, but
Ihe stopped shon of lIyine that
San Diego would let the bid.
She did UJ', however, tbat the
reputation Murphy brinp to the
table 11 . bi, r.etor. Murphy hi'
been the executive director or the
Cartsbad tIOOO (or nine Jean.
"The carlsbad 5000 is Os areat-
at!5K In the world," Emmons oid.
"1'hat's not hype, but actual truth.
It i. by faT the mast r.mous; all
thOle ....odd records you eet here
Ire because you attract the flnea
athletes an the world. As an Ameri-
can, I'm veT)' clad to have this: raCe
~See_PaoeC-2
)-From fJage C.1
In the UDI1ed Stales.
"'I'h. ClIrlllhad lIOOO ....... <081-
pelenee, and when 11m ezpreaed
an (nierest 10 our trlal., we were
pleu.d. ..
Eaunom went on to..,. tbat her
.....11l.. wtlllool: for two thI_
rac. competence and hoIpitallb'.
And in thll .... hospl1allV IIOt
anly mean. lood weather and
lt1enclly poopla, hDllDoltey_
Tbat'. where tbe Greeter San
Dieeo SpaN Auoelatlon l!OJDel in.
The auoclation wm 8Mk local and
naUonal corporate 'poDSOn (or a
proJe<ted tl mUlIon budpl
Part or thlt budlet - rouply
$150,000 - will be earmarked ..
prize money.
How are San DielO" chaII~..?
". think they Ire very load,"
'Ild world-clasl marathoner Lila
Weidenbach, who ba. beeD the
11Ieraate for three Olympie
mantbODl.
San 01810" strongelt eompetl-
Marathon
.
lion wUl be Lo. An,ele., whitb
al,o plans on makiftl I bid. Loq:
Beaoh orlt\nally had the 11182 lri-
al., but iD.umeient fundi (oreed
that 01\710 pullout juat two DIODIhs
before tile race, '1be trlalI 8YeDtu.
aDy...... hald In Houston on Super
Bowl SundaJ lutJOar,
"U cenalDly made a bie dlf1'er-
enee ia aU of our lrainiDI." Wei.
denhaeb IBid. "Fint )'Ou are lralo-
iq' to run It lea levellD lllreh, but
the)' moved It back two moath. to
bumld Houaton, I JlIIIla10w if 11..
(eta thII, it will nm JlIII u amoolh
..1h.~llOOO,.
Weldell_ waa a _-pia..
lIDldIerlD the IlI8'7 Carlabad ....nl
"Our plan by Sepllll to have
cash commitment. of $300,000,"
Murphy laid. "We will nolnbmtt.
hid thathaa a ohan.. rnrfallure,.
lIurpb7, who pro4~ . televi.
.iOD .eries aD road raclo. (or
ESI'N. IBid the San 01010 bid will
be unique in that it will also
iDeluda a telariJlon PB......,
EIDJDOIlI said that all bid. will
e10M by Mlrtb ad that her ~m.
mlttee will make a nnal decisIon
by Auawt.
6r3;
.
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BRIAN P. BILBRAY
CHAIRMAN
SUPERVISOR. FIRST DISTRICT
SAN OIEGO COUNTY BOARD OF SUPERVISORS
May 24, 1993
Women's Olympic Trials Task Force
c/o Elite Racing
2431 Morena Bl., #2H
San Diego, CA 92110
Dear Task Force Members:
As mayors of the cities which hope to host the Women's Olympic
Marathon Trials and as supervisor of the south bay region of San
Diego, we are extremely pleased to wholeheartedly endorse your plan
to bring this outstanding event to the communities we represent.
Not only would these trials allow San Diego the opportunity to
be a part of the 1996 Olympic spirit, it would also provide all of
Southern California the opportunity to once again celebrate the
Olympic experience. Just as importantly, it demonstrates our
area's commitment to America's female athletes, women who have made
contributions to many aspects of our society.
We are proud to offer our endorsement and encouragement of
your efforts. Good luck and best wishes.
~~U~or
~~~~& Coronado
~~
Michael Bixler, Mayor
City of Imperial Beach
& ~ f 1-1- U. '7;?:'0::,
/Ge-~~~~waters, Mayor
City of National City
COUNTY AOMINISTRAnoN CENTER 1&00 PACIFIC HIGHWAY. ROOM 335 SA.N DIEGO, CA 92101.2470 (819) 531.5511 FAX(619) 557-4025
CHULA VlsrA OI'FICE . 430 DAVIDSON STREET. SUITE o. CHULA VISTA CA t201 0.2'"1 jtl.llltl.....1OO
b ~'-/ [)
.
PROCLAMATION
WHEREAS, and the Greater San Diego Sports Association is the countys premier
organization for the promotion and advancement of international class athletic events
in San Diego County; and
WHEREAS, the association has organized a regionwide campaign, supported by
all running groups in San Diego County, including the San Diego Track Club, to bring
the Women's Olympic Marathon Trials to San Diego in 1996; and
WHEREAS, San Diego has an ideal climate and provides a world-renowned setting
for such a prestigious event; and
.
WHEREAS, the race course would encompw;s a scenic route of unparalleled
beauty circling through cities along the bay with the finish scheduled for the San Diego
Convention Center; and
WHEREAS, US4 Track and Field is considering the designation of San Diego as
the host for these trials; NOW THEREFORE
BE IT PROCLAIMED by Chairman Brian P. Bilbray and the Board of
Supervisors of the County of San Diego on this 28th day of January, 1993, that they
do hereby support the efforts of the Greater San Diego Sports Association, the San
Diego Track Club and all other area running clubs and encourage USA Track and
Field to name San Diego as site of the 1996 Women's Olympic Marathon Trials.
"
.oM
iW5Ji.trlet
>..,...,j.",11\;.f //
, " '.....::.}lr"T'" ';): c
,_.:H'f';~,a~,J;H~trfli.t, ,f
#'/./ :;/);'(!>.:-/>..:/;;~;~;:;t:;:>
/'r:-'" ,.- r.r' ,- ~ en- tltb..~
/,')",-" '1,_ ~'" ~i6
" ..;t;;t;;tLL. ~~.. r:t. J ~
,/ '" "'9'41"Y!ootrii .iet
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LI.. L. W.ldlllb.ch
%421 711t Av. Ct lIW
81g ..,bot, WA 9.iUS
F..,..I')' 20, 199J
Th. OIy..,lc Tri.1s Tuk Force
c/o Ellt. Racing
24JI Moren. Suite 2H
Sin Pleao, CA 92110
Tuk Force MtIIIPU:
'" I three time Olym,l. Trial. Manthon ..rtlei,.at I woeld lib te u,n.. illY 81.m.ldllag
lupport fer the 1995/96 Wom.a's Oly..,lc M.rat"n Trl.b king ".... i. San Ill....
Fr... .,unur, ,.Itt el,lew loc.tion, h..,lt,llIy, .lid O'I.rall cOIll,ete... 01 the ergultl.g
c...."'lt.. .r. the "ree mo.t idl,orll.t nrlebl...
Beglnnlag with 10ca1l0l, San Pleg. i. ohlou.ly a l'tl')' pla.ln8 ,lace to vi.lt. Saa I1lege
weuld .lee Ar 10 "alnntag. to any et the 'lfthl,.nt. due Ie the fact It I. on the West
c..d. In yetr. ,ut the TrI.l. h.l't .... .talNln lecation. where .lValllr IIvlnl and tralnl..
o. the W.1t an.t we. "ra.d ta ...rae.... tin ton. deflalt. A nce held .n the b.t COI.t
with. dartllll tllll. et 7:00 '.11I. would h. 4:00..m. .t.rtln. lilli' for these runne,. o.ml.g
Ire. the W..I. Studies h." 'to'le. lhal In atbl".. o,tlm.1 ,erfo'..nc. c_ wilen the "dy
I. war",.. u, .nd ......... Sin 01'10 woI'1 .. i...' for .11 thu.n..".
I hay. hid the e"ottunlty te ,artlcl,at. I. num.llu. lVente organlud 'Y Tim Mu"hy ... hi.
...ff.t ElIte Rae..; Carl..d 5,000, 8ulck IOk, St. Patty'" AtVl" Sk, Spirit Run IOk,
lid the Chlc.o Manthen. When It cemes Ie ....,llIlIty, TIIII.ad his .leff ut the .lI..rda.
Th.re Is no ot"r OlJ.nlnllt. I. tile .nllrelnd..t" of lIet 'tllllDllon, thlt d.llver ,uch
,rofesslon.11y otI.nlud end oeui.lInt lV.nte. When. ,unn.r tnin. 10' ",enth. Ie' .
,.rllaull' Mnt tile lI.t thin. ,. went, to Ifotty .bout II wlltther 0' let 'h. nc. will h.. any
glll.hee. FtIlIl lilY tIC,..n..., I fwI tk.t TIOI Murphy, Elit. Raal..., Ind 'b. City of Sin
PI'Io will ."., .ah and every runner an lVent they wlll.lny' nllldlh,.
Slncellly,:/ .} . , .\
,-,i';'" f L"-" ,/,... /!T"./.__,
u.. L. W.id.nbach .
'84:88:92 OIYlllplc TIIIII Alternat.
0/,/:2
.
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e
Greater San Diego Chamber of Commerce
May 26,1993
Women's Marathon Trials Taskforce
2431 Moraine Blvd., Suite 2H
San Diego, CA 92110
Dear Taskforce member:
The purpose of this letter is to advise you that the Greater San Diego Chamber
of Commerce endorses and applauds your efforts to bring the Women's
Marathon Trials to San Diego in 1995. We are confident that the combined
efforts of the Greater San Diego Sports Association and Elite Racing will result
in a first class event for these elite athletes and for our community.
We are delighted that your course will include many of our city's highlights--
the new Olympic Training Center, our beautiful beaches and oceanfront, the
Coronado Bridge, and the Convention Center. This should be a spectacular
setting for participants as well as television viewers nationwide.
Please contact us if the Chamber can be of assistance in your bid process. We
also want to be actively involved after San Diego receives official designation
to help make this the gold-standard for marathons throughout the country.
Sincerely,
~
David Nuffer
Chairman
DN:jm
North City Office, 4275 Executive Square, Suite 920. La Jolla. California 92037 . (619) 450-1518 . FAX (619) 450-1997
&/Lj]
- ,
COUNCIL AGENDA STATEMENT
ItemL
Meeting Date 8/24/93
ITEM TITLE: Resolution J 7 ~ ~ 7 ofIntention Expressing Willingness to Share
Equally the Cost for the Otay Valley Road and I-80S Interchange Signal
Improvements
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager~ ~~ (4/5ths Vote: Yes_No X)
When the City Council originally budgeted the signal installation project at Otay Valley
Road/I-805 in FY 90/91, it was originally proposed to be paid totally by the City. This was
done with the hope that we could get CalTrans to come up with their share of the funding
before the project went to construction, but provided the necessary funds in case CalTrans
could not do so. Staff began the design through the consultant process and was working with
CalTrans to get a permit to install the signals. Staff was also working with Caltrans to fund
their share and, eventually, they recognized that the signal installation met their warrants.
Subsequently, CalTrans indicated to staff that they would reimburse the City for one-half the
. cost of the construction when their funds became available. As staff and consultants continued
the design process, CalTrans added additional improvements that needed to be completed
before they would issue a permit and, during the time it took the City to respond to these
changes to the scope of the project, CalTrans funding became available. Because of the higher
cost of the project, part of CalTrans' requirements to issue a permit is a Project Report which
is done by them. Staff recently received a letter from CalTrans informing us that they are
nearing completion of the Project Report for the traffic signals, lighting, striping, and widening
on this cooperative project. A City Council resolution expressing the City's intent to share
equally the cost of the proj ect is required to complete the Proj ect Report and receive approval
from CalTrans headquarters.
We were also recently informed by CalTrans staff that still further additions to the scope of
work on the signal project must be made before they would approve the plans. Therefore, in
order to expedite the project, staff discussed turning the plans over to CalTrans for them to
complete since it will now be a cooperative project and they will pay half the construction cost.
The purpose of this item is to approve the required resolution of intention and to apprise
Council of the current status of the project.
RECOMMENDATION: That Council approve the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Resolution of Intention
City staff has been pursuing the design of the signalization project for Otay Valley Road at the
I-80S interchange and the funding issue with CalTrans. In January, 1992, as indicated in the
attached memo to Council dated April 27, 1992, the CalTrans Deputy District Director advised
staff that he would recommend that the State share the cost of the project by reimbursing the
City 50% of the project cost when State funds became available. Because of their
?-J
Page 2, Item~
Meeting Date 8/24/93
involvement, the State had to prepare a Project Report identifying whether or not the immediate
improvements were satisfactory and adequate for a twenty year period. Initially, the estimated
cost of the project was below CalTrans' threshold where they required the Project Report,
however, the estimated cost of the additional improvements pushed the total cost beyond that
point. The need for the Project Report was a major factor in the delays on this project.
The City has been preparing the plans and CalTrans has been completing their required Project
Report. In accordance with CalTrans' requirements and procedures, a Council resolution of
intention expressing willingness to fund the agency's share of the cooperative project is now
required to complete and file a project report. A project report is the basis for a cooperative
agreement between the local agency and the State to construct any interchange improvements
where they share in the cost. Assuming CalTrans completes the project report by September
1993, the construction of the traffic signal project can begin by June 1994. The City share is
estimated to be $335,000. An itemized listing of project costs are shown on the following
table.
STATE 50% CITY 50% TOTAL
100%
Signals and Lighting 111,500 II 1,500 223,000
Roadway Items 122,000 122,000 244,000
Traffic Control 19,500 19,500 39,000
'Constrnction Subtotal 253,000 253,000 506,000
Preliminary Engineering (12%) 30,350 30,350 60,700
Constrnction Engineering (20%) 50,600 50,600 10 1 ,200
Subtotal 334,000 334,000 668,000
Right of Way (potholing) 1,000 1,000 2,000
Project Total 335,000 335,000 670,000
'Cost includes Minor Items (5%), Roadway Additions (5%), and Contingencies (20%).
The preliminary engineering cost shown on the table above is a typical percentage (12%) used
by CalTrans for their interchange traffic signal improvements. Staff believes that the actual
engineering cost will be less than 12 percent because some of the design work has already been
completed by the City's consultant, Darnell and Associates.
Proiect Status
In October of 1990, the City engaged Darnell and Associates, traffic consultants, to prepare
traffic signal plans for the ramp intersections at I-80S and Otay Valley Road for a fee of
$18,000. The scope of work to be performed was coordinated with CalTrans, however, during
the ensuing three years CalTrans added a number of design requirements that were not
originally identified by them when we engaged our consultant. On two previous occasions,
we were informed by CalTrans, in spite of our coordination efforts, that our design plans
required additional design features. Our agreement with the consultant was amended twice to
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Page 3, Item ?
Meeting Date 8/24/93
provide for the additional design work necessary to incorporate CalTrans' requirements into
the construction plans.
After submitting the twice amended plans to CalTrans we were informed that still further work
beyond the scope originally indicated would be required. This change was the requirement for
widening the existing five foot shoulder to an eight foot shoulder. The local district staff had
waived this requirement, but was over-ruled by Sacramento headquarters. CalTrans further
informed us that we will have to follow their utility location information procedures which may
add further delay to the construction schedule of the project. CalTrans utility location
information procedures are much more elaborate than the City's procedures. In view of this
most recent unexpected design requirement, and to avoid the possibility of more delays from
CalTrans' changes which are beyond our control, staff approached CalTrans and asked them
if it would be more prudent to let them complete the design plans and assume responsibility
for administering the project contract (advertise, award, and inspection). After discussing the
proposal, they agreed to accept total responsibility for completing the project.
Their acceptance of the project lead will require approximately six months to complete the
plans and an additional three months to advertise and award a contract. The new schedule
under this scenario for the award of the contract is June, 1994. Our original estimate for
awarding a contract was July 1, 1993 with the City as the lead and before the latest addition
by CalTrans. However, CalTrans' still has not finaled the Project Report and the latest
unexpected CalTrans design requirement, which would have resulted in a third amendment to
the consultant contract, coupled with CalTrans review process will delay the construction
schedule by at least eight months from the time an amendment to the consultant contract would
be approved. Thus, if our consultant were to proceed with the project design plans,
construction could not commence, at the earliest, until April 1994. This schedule assumes that
there are no further design requirements which are totally beyond our control. It further
assumes that the utility relocation procedures which CalTrans has advised us that we must
follow do not add time to the schedule. City staff is unfamiliar with CalTrans' utility
relocation procedures and cannot, at this point, say how much time this process may add to the
time schedule. While it appears that the City could conceivably construct the project somewhat
sooner than CalTrans, there is no assurance that we will not be faced with other unexpected
changes and delays in receiving authorization to proceed. Therefore, we believe that
transferring project responsibility to CalTrans is appropriate.
If the City were to have our consultant do the changes required by CalTrans it is estimated to
cost approximately $17,700 and would take a third amendment to the Consultant contract.
Caltrans will not share in the cost of our consultant design costs, but the cooperative agreement
specifies that CalTrans and the City will each pay half of any costs incured by them, including
engineering costs. Thus it is to the best interest of the City to transfer the project responsibility
to CalTrans because any future work on the project will be shared by both agencies (CalTrans
and the City). Originally the City was going to assume the total cost of the signal which is
estimated now to be $670,000 because CalTrans did not have funds available for the project.
Subsequently CalTrans identified the need for this project and funds became available.
Pending a cooperative agreement with Caltrans, the City's cost will be reduced to $335,000.
It is not certain whether CalTrans will reimburse the City for its consultant design costs to date
7..3
Page 4, Item ?
Meeting Date 8/24/93
($46,900). This matter will be considered by CalTrans and may be incorporated in the project
funding Cooperative Agreement and will be pursued by City staff during the cooperative
agreement negotiations.
While it is not our intention to delay the project, and are having CalTrans change the plans,
we also believe that this latest change of widening the curbs under the bridge by three feet
does not justify the additional cost. Staff is still concerned about the process and will be
working with the City's Legislative Advocate in Sacramento to streamline the procedures.
Exhibit I shows the history of the subject project. The State has installed stop signs on Otay
Valley Road at the I-80S off-ramps to reduce delays for motorists exiting the freeway. The
stop signs are only an interim measure until the signals are turned on, but does relieve some
of the pressure for the immediate installation of the signals.
FISCAL IMP ACT: Funds of the City's share of the project cost are available in Project No.
TF220 (Traffic Signal Improvements - I-80S and Otay Valley Road). The maximum total
expenditure is estimated to be $335,000 plus the City's previous expenditures for the design
consultant of $46,900.
Attachments:
Exhibit 1 - Project History
4/27/92 Memorandum to City CouncilNOTSCANNED
Z4D:BR-043
WPC F:\home\engineerlagenda\RESOINTE.NF
7-'1
October 1990:
March 1991:
October 1991:
March 1992:
August 1992:
October 1992:
November 1992:
September 1993:
flhome\engineer\agendalresointe.nt
081093
~
EXHffiIT 1
PROJECT HISTORY
Council approved agreement with Darnell & Associates to design traffic
signals at I-5/Palomar Street and I-805/0tay Valley Road interchanges
and prepare Project Concept Report for I-805/0tay Valley Road traffic
signal. .
Traffic signal plans for I-5/Palomar Street interchange submitted to
Caltrans .
Project Concept Report for I-805/0tay Valley Road traffic signal
submitted to CalTrans.
Traffic signal plans for I-5/Palomar Street interchange approved by
CalTrans.
Project Concept Report for I-805/0tay Valley Road traffic signal
approved by CalTrans.
Project Report for I-805/0tay Valley Road traffic signal initiated by
CalTrans.
Traffic signal plans for I-805/0tay Valley Road interchange submitted to
CalTrans under an encroachment permit.
Project Report for I-805/0tay Valley Road traffic signal to be completed
by CalTrans.
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MEMORANDUM
April 27, 1992
File # BR-043
TO: Honorable Mayor and City Council
VIA:
John D. Goss, City Manager AJ
John p, Lippitt, Director of Public Work~ rf
Traffic Signal at 1-805 and Otay Valley Road
Council Referral No. 2523
FROM:
SUBJECT:
On September 6, 1991, City staff reported that the construction of traffic signals at 1-805
and Otay Valley Road ramps could commence by July 1992, subject to Caltrans approval.
Also, City staff reported that there was a possibility that the construction cost in the
proposed project. could be born entirely by the State under a "Traffic System
Management" (TSM) grant.
Regarding our grant application, staff was informed by Caltrans that our signal project
ranked 108th out of 126 projects submitted statewide. Because of the low ranking given
to our proposed project, Caltrans said we would not receive TSM grant funds.
In January 1992, City staff met with Caltrans District 11, Deputy District Director, Mr. Stu
Harvey, to seek approval for the construction of the subject traffic signals under state
encroachment permit process. Mr. Harvey said that the signal could be built under a
permit process and he would recommend that the State agree to reimburse the City 50%
of the project cost at a later date when State funds are available, if the following
conditions are met:
1. The City submits a project report describing the need for the subject signals.
2. The project construction cost is under $300,000.
3. The signal project will provide satisfactory levels of service under anticipated 1995
traffic conditions.
Mr. Harvey stated that it was not possible to predict when State funds will be available.
7'"
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Mayor and City Council
- 2 -
April 27, 1992
On March 13, 1992 a letter was received from Caltrans which listed four additional
requirements for Caltrans approval of the project. These items were:
1. The southbound off ramp must be widened to three lanes for a minimum of 300
~~ .
2. The northbound off ramp must be widened to three lanes for a minimum of 125
feet.
3. At the southbound intersection the right hand lane (eastbound to southbound 805)
must be lengthened to 350 feet.
4. At the northbound intersection the right turn lane must be lengthened to a
minimum of 650 feet.
The City's consultant, 8asmaciyan-Darnell, Inc. (8DI), was then directed to redesign the
project again to incorporate the above requirements. This was accomplished, and draft
Project COrlcept Report incorporating the above requirements was submitted to Caltrans
for approval on April 1, 1992.
Review of the modified Project Concept Report by Caltrans was completed on April 15,
1992. Caltrans stated that the four problems discussed above had been satisfactorily
addressed, and funding of the project would be by cooperative agreement whereby
Caltrans would reimburse Chula Vista for 50% of the costs. However, Caltrans
determined that two additional problems existed. These were:
1. Caltrans will require revisions to the plans for the reconstruction and striping of
Otay Valley Road to reflect the alignment of lanes depicted in the Project Concept
Report.
2. These revisions are also to include prohibition of left turn from the existing gas
station and truck parking lot.
Caltrans expects that these items are to be addressed by the City and approved by
Caltrans during the permit review process. In addition, it is noted that the City of Chula
Vista will provide mapping and traffic studies to Caltrans in 1992 for the ultimate design
of the interchange.
When all of the above conditions are met, it is expected that the traffic signals will operate
at acceptable levels of service beyond 1995. The total project cost (less engineering) is
estimated to be $278,400.
.
7"7
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:
Mayor and City Council
- 3 -
April 27, 1992
Subject to Caltrans approval of the project report, we expect the signals to be operational
by November 1992, as noted in the following schedule.
Project Report Completion: April, May and June 1992
Cooperative Agreement: July, August and September 1992
Design and Permit: April, May, June and July 1992
Bidding Process: August and September 1992
Construction: October and November 1992
If Caltrans does not agree to reimburse the City for their share of the ramp traffic signals,
the signals could still. be operational by November 1992. Additional time is not required
to execute a cooperative agreement. The cooperative agreement can be done
concurrently with the design process if the City is willing to fund the whole cost of the
design ($36,000).
The following table shows the estimated cost of the project:
COST ESTIMATE
STATE CITY TOTAL
50% 50% 100%
Signals & lighting $ 85,000 $ 85,000 $170,000
Signing & striping 6,000 6,000 12,000
SB Offramp widening 25.000 25.000 50.000
SUBTOTAL $116,000 $116,000 $232,000
20% Contingencies 23.200 23.200 46.400
TOTAL $139,200 $139,200 $278,400
Funds are available from the following accounts:
1.
2.
3.
$100,000
$100,000
. $ 89,300
Traffic Signal Fund:
Otay Valley Road Assessment District:
Community Development Funds:
In the event the Otay Valley Road Assessment District is not formed before construction
of the traffic signal has begun, there are sufficient funds in the traffic signal (TSF) account
to complete the project. When the assessment district is formed, the TSF account can
be reimbursed the $100,000.
ZAO:dv/kw
(ZA02/TRFSIGCR.MEM)
.?..y
RESOLUTION NO.
1m?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OF INTENTION EXPRESSING
WILLINGNESS TO SHARE EQUALLY THE COST FOR THE
OTAY VALLEY ROAD AND I-805 INTERCHANGE SIGNAL
IMPROVEMENTS
WHEREAS, when the City Council originally budgeted the
signal installation project at Otay Valley Road/I-805 in FY 90/91,
it was to be paid totally by the City; and
WHEREAS, this was done with the hope that we could get
CalTrans to come up with their share of the funding before the
project went to construction, but provided the necessary funds in
case CalTrans could not do so; and
WHEREAS, subsequently, CalTrans indicated
they would reimburse the city for one-half the
construction when their funds became available; and
to staff that
cost of the
WHEREAS, as staff and consultants continued the design
process, CalTrans added additional improvements that needed to be
completed before they would issue a permit and, during the time it
took the City to respond to these changes to the scope of the
project, CalTrans funding became available; and
WHEREAS, because of the higher cost of the project, part
of CalTrans' requirements to issue a permit is a Project Report
which is done by them; and
WHEREAS, staff recently received a letter from CalTrans
informing us that they are nearing completion of a Project Report
for a cooperative project for traffic signals, lighting, striping,
and widening on Otay Valley Road at the I-805 interchange; and
WHEREAS, a city Council resolution expressing the city's
intent to share equally the cost of the project is required to
complete the Project Report and receive approval from CalTrans; and
WHEREAS, assuming CalTrans completes the project report
by August 1993, the construction of the traffic signal project can
begin by June 1994 with the City's share of the costs estimated to
be $335,000.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby express its willingness to
share equally the cost with CalTrans for the Otay Valley Road and
I-805 Interchange Signal improvements.
c
-
~~D
~
?~1
Presented by
John P. Lippitt, Director of
Public Works
F:\home\attomey\OVroU.imp
7-ld
aS~fom YJ
Boogaard, ci
COUNCIL AGENDA STATEMENT
Item Y
Meeting Date 8/24/93
ITEM TITLE:
Resolution 1701111" Accepting bids and awarding contract
for tree trimming services in the Gty of Chula Vista, California
SUBMITTED BY: Director of Public Work~~ /.-.
REVIEWED BY: City Manager J~ 1ofr5i&1' (4/5ths Vote: Yes_NolO
At 2:00 p.m. on July 21, 1993, in the Vublic Services Building, the Director of Public
Works received sealed bids for tree trimming services in the City of Chula Vista. This
item first came before City Council on August 10, 1993. At that meeting Council
requested additional information ( On whether this contractor had trimmed certain
trees; could the contract provide for replacement of trees damaged by the contractor;
and questions regarding current City street tree crew staffing and the cost for City
staff to assume all block trimming) and continued the item to the meeting of August
24, 1993. This revised Agenda Statement will provide that information.
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:
This tree trimming contract combines budgeted amounts for both FY92-93 and FY93-
94 budgets and includes the trimming of a total of 5,011 trees located at various
locations throughout the City. The contract was not let at the normal time during
FY92-93(March or April) because staff thought that a combined contract would bring
better prices. Staff encumbered the FY92-93 contract money to make this possible.
Due to the economic situation, this was considered more important than maintaining
the normal trim cycle. Staff does not recommend this as a regular practice.
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 S 149,995.50
2. Trimming Land Co., Inc., Los Anrreles 165,689.00
3. Aztec Landscaoe, 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
Diel!o
6. Davey Tree, Livermore 203,133.59
The low bid received from Golden Bear Arborists, Inc. is below the budgeted amount
of S 160,000.00 by $10,004.50 or 6.25%. We have reviewed the low bid and
8'" I
Page 2, ItemK
Meeting Date 8/24/93 _
recommend awarding a contract to Golden Bear Arborists, Inc. Golden Bear did an
excellent job for the City when they did the tree trimming for Fiscal Year 1991-92.
When this item was first considered by the City Council on August la, 1993, Council
asked that staff provide information on the following items.
1. Did this contractor trim the trees on the east side of Fourth Ave. between E St. and
Davidson?
The approved street tree for Fourth Avenue between ESt. & Davidson is a
bottlebrush. This tree (which some would describe as a shrub) was selected
because of the narrow parkways in that area. There are no City street trees on
the east side of Fourth Avenue between "E" Street and Davidson, however, there
are trees planted behind the sidewalk which belong to and are the
responsibility of the property owners. There are only a few City street trees on
the west side of Fourth Ave. in the same area and these trees were trimmed by
staff in accordance with standard procedures within the past three years.
However, one of the trees at 222 Fourth Ave. has split and appears to have been
improperly pruned. Staff can find no record of our having done the pruning
and doesn't believe that we did. This tree will be removed and replaced with
another bottlebrush.
One individual in this block has requested that their City street trees be
removed. Staff has (in keeping with the City Council Street Tree Preservation
Policy) declined to remove these trees as they are the approved street tree for
that area and are not diseased in any way. This individual has requested that
the bottlebrushes be replaced with palm trees. Palm trees would. be
unsatisfactory in this area as even palm trees will damage a two foot parkway.
If a property owner wanted to plant and take responsibility for trees on his own
property behind the sidewalk that, of course, is a prerogative for that property
owner. Should Council have more specific information on the tree supposedly
damaged by a City contractor, staff would be more than happy to investigate
that specific occurrence.
2. Is it possible that the contract provide for replacement of trees if negligent
trimming made replacement desirable?
The current contract has no specific provisions requiring a contractor to replace
a tree that is damaged by the contractor's employees. However, the bid
documents do refer to the "green book" which sets certain standards and
conditions. One of those would be that the contractor would be liable for any
property damaged by the contractor's employees. The City Attorney believes
that the existing contract language is sufficient to obtain damages in repair or
replacement of a tree damaged by a contractor's negligence or non-compliance
with industry standard trimming practices. However, should the Council desire
to add specific language to that effect, it might provide a slight advantage in
filing for damages. It is not, however, recommended by staff to insert this
specific language as it may deter some bidders and possibly increase contract
costs. (See attached memo from City Attorney.)
1".)..
Page 3, Item ~
Meeting Date 8/24/93 _
3. What are the number of tree trimmers employed by the City and what are the
number of trees trimmed by staff as compared to by contract?
In addition to the Sr. Public Works Supervisor who supervises the Street Tree
Division, 3 Sr. Tree Trimmer and 3 Tree Trimmer positions are budgeted.
During FY92-93 & FY93-94, however, one of the Tree Trimmer positions has
been frozen. These tree crews have been augmented by Workfare personnel.
City staff usually block trims about 1400 trees per year as opposed to 3300 by
contract.
4. What would it cost for the City to gear up and do all of the block trimming with
City employees?
Council also requested information on gearing up for the contract and doing it
with City employees. In the agenda statement for the last street tree trimming
contract, staff had indicated that it was much more expensive per tree for City
staff to do block trimming as opposed to a contractor. There are several
reasons for this. The most important is that City crews are not set up to do
block trimming but rather to perform tree removal & replanting in conjunction
with the sidewalk repair program and complaint, hazard, and decorative
trimming, while the contractor's crews are set up just for block trimming.
City tree crews consist of two people, a large truck (2 with high ranger lifts)
with a chipper body and a chipper. Conversely, the crews used by the
contractor might consist of ten people with some high rangers, a front-end
loader equipped with a bucket that can pick up tree branches, and large trash
bins which are shuttled back and forth to the dump. This permits the
contractor to shuttle vehicles back and forth to the dump while keeping the
remaining crew members productively working. This large crew size also
permits the contractor to pay their employees at a lower average rate per
employee since most of the employees do not need the skill level required by
our small crew size.
Staff has compared current costs per tree figures for both the contractor and
current City staff(see table below) and still believes it is most productive for the
City for our crews to be used for complaint and hazard trimming while
continuing to use contractors for major block and park trimming.
1YPE OF TREE CON~CTOR CITY COST /TREE
COST REE
Broadleaf $28.77 $58.44
Eucalvntus - Small $30.00 $38.74
EucaTVntus - Medium $44.10 $154.92
Eucalvntus - Large $125.00 $309.84
Coco Palm $14.00 $50.62
Date Palm $44.00 $91.08
Fan Palm $46.00 $52.55
Council specifically asked how much it would cost for the City to hire and
~~;t
Page 4, Item ~
Meeting Date 8/24/93 _
equip enough employees to do all the City's block trimming. This figure is
difficult to arrive at since the crew structure currently used by the City is not at
all appropriate for large scale block trimming. In evaluating alternatives, staff
looked at providing a new block trimming tree crew large enough to provide for
as low cost per tree trimmed as possible. Staff also determined that in order to
most effectively trim all trees currently trimmed by the contractor, this smaller
crew size would take a full year to trim the trees currently able to be trimmed
by a contractor's larger crews. It was finally determined that the crew size and
make-up that best met the two above criteria would have the following
characteristics. (Please see the table below.)
SUBJECT DESCRIPTION COSTS
FIRSTYEAR SUBSEQUENT YRS
Personnel (5) 1 Sr. Tree Trimmer $173,000 $173,000
1 Tree Trimmer
3 Maintenance Worker I's
2 Lift Trucks $188,250 $28,250
Eauioment 2 Dumo Trucks $120,360 $14,360
1 Chipper $23,160 $3,160
TOTAL COSTS $331,770 $45,770
Trash Fees $7,800 $7,800
Other Shovels, Brooms, Rooe, Etc. $400 $400
Chain Saws, Blowers $5.000 $2,500
Wearing Apparel & Small $800 $800
Tools
TOTAL COSTS $14,000 $11,500
GRAND TOTAL COSTS $518,770 $230,270
*1hese subsequent year costs reflect the equipment maintenance and equipment
replacement that would accrue to these vehicles each year. What this means is the City
would have to spend the initial costs to purchase the equipment and then set aside
money (as we do with all other equipment) on an annual basis to operate and then re-
purchase the equipment when it was worn out.
Staff does not recommend attempting to do this work with City employees
since the cost for doing so would be $518,770 the first year and 5230,270 per
year for subsequent years as compared to this current contract price of
approximately $150,000. Also, this is not an exact comparison since the
contract this year is for 5,011 trees, while this five person crew could be
expected to trim 3,300 trees per year (our normal annual contract). The other
big advantage, of course, is that as the City's financial circumstances change a
decision can be made on service level adjustments without the need to either
hire new employees or layoff existing employees. This is a reaffirmation of an
extensive PAPE study done in 1985 (when the economy was robust) that set up
our current crew design. This design provides that City crews do all tree
removal, planting, complaint and hazard trims, decorative trims and some
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Page 5, ItemL_
Meeting Date 8/24/93 _
block trimming with contractors providing most of the block trimming( 30%
City staff & 70% contractor).
Prevaililll! Wal!e 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 not applicable to this
proj ect.
Environmental Status
The City's Environmental Review coordinator has determined that this project is
categorically exempt under Class I, Section 15301(h) "Maintenance of Existing
Landscaping. "
Disclosure Statement
Attached is a Disclosure Statement executed by the Contractor.
FUNDS REOUIRED FOR CONSTRUCTION
1. Contract Amount S 149,995.50
2. Continl!encies 9,916.76
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $159,912.26
FUNDS A V AlLABLE FOR CONSTRUCTION
1. 100-1450-5203 SI59.912.26
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION S 159.912.26
FISCAL IMPACT: This action will authorize the expenditure of $159,912.26 of funds
previously appropriated in FY92-93 & FY93-94.
Attachments: Bidder Disclosure Statement, Council Meeting Minutes from
8/10/93, and contract.
DCB:dcb
WPC F:\home\engineer\agenda\treetrim2.doc
<J' ,.5'/ i-I,
RESOLUTION NO.
1'l~/Y
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
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.
BE IT FURTHER RESOLVED that the Mayor be,
hereby authorized and directed to execute said contract
behalf of the city of Chula vista.
and he is
for and on
Presented by
Approved as to
iL t1t.
John P. Lippitt, Director of
Public Works
Bruce M.' Boogaar , city
Attorney
C:\n\ttee trim
~ ? /8- 8
From the Office of the city Attorney
City of Chula vista
Memorandum
From:
August 19, 1993 ~
Bruce M. Boogaard, city Attorney~
Honorable Mayor and Council
Date:
To:
cc:
city Manager
Public Works Director
Deputy Director of Public Works/operations
Re:
council Inquiry re Tree Trimming Contract
Does the Agreement provide that if the Contractor
damaqes a tree. the Contractor shall reolace same?
No. Not specifically.
The Agreement has provisions which require the Contractor
perform according to certain standards, both as defined in the
"Green Book" and in section 1.0. Standards for Performance,
which require the Contractor to comply with reasonable
industry standards as determined by the, and as may be
modified by, the Public Works Director.
Thus if the Contractor performs the contract negligently, in
violation of the standards, and that negligence leads to tree
damage, the city can sue the Contractor for damages, and in
the process, if necessary, get attorney fees. Practically, we
would not use that remedy except in the case of large damage
cases.
Could the Aqreement be amended to so orovide?
Yes. Such language could be added to read as follows:
"If the Contractor shall damage or injure a tree during the
performance of this agreement, which damage or injury is
manifested within 2 years after the termination of this
agreement, Contractor shall immediately repair the tree, or if
the tree is incapable of repair as determined by the city, the
Contractor shall immediately replace the tree. This provision
shall survive the termination of this agreement by 2 years."
Is the Contractor wi11inq to amend the Aqreement?
8'" &J
Re:
Page:
August 19, 1993
Bruce M. Boogaard, City Attorney
Honorable Mayor and Council
City Manager
Public Works Director
Deputy Director of Public Works/Operations
Council Inquiry re Tree Trimming Contract
2
Date:
From:
To:
cc:
On Fr iday , August 20, 1993 , we requested the low bidder
Contractor, in a telephone call, to amend the agreement to provide
as set forth above. At the time this package had to go to press,
we were unable to confirm their consent to the change without
modifying the bid price.
We will report at the Council meeting.
Can we insist that the Aqreement be amended?
Yes, but we would have to reject all bid received, and go out
to rebid the project. It would take approximately two months.
Should we insist that the Aqreement be so amended?
Unless the contractor agrees, I recommend against such
amendment at this time for the following reasons:
1. Too much time, money and effort has been expended to date
in this year's tree trimming bidding process. Specifically, the
City has already approved the bid specifications, and requested
bids. six bidders have already submitted bids on the bid
specifications without the liability risk of the above language.
We are on the verge of awarding the bid. The language could be
added next year.
2. On rebid, it would be giving an unfair advantage to new
bidders and the other 5 current but higher bidders who did not give
their best bid on the first round.
3. Golden Bear Arborists, Inc. have done the
work of the city in 1992 without incident of damage
2,500 to 3,000 trees they trimmed. They have
reputation in the industry according to Dave Byers.
tree trimming
to any of the
an excellent
4. In the last 7 years in which we bid out tree trimming
services, not a single tree has ever been damaged, let alone
destroyed, by the trimmers.
1Y../ P
Re:
Page:
August 19, 1993
Bruce M. Boogaard, city Attorney
Honorable Mayor and Council
City Manager
Public Works Director
Deputy Director of Public Works/Operations
council Inquiry re Tree Trimming Contract
3
Date:
From:
To:
cc:
5. It is currently the season for the palms to shed their
fruit, which tends to create a certain amount of hazard for
pedestrians, and the 2 months of delay will aggravate such
condition.
6. The City is sufficiently protected with the current
provisions. Negligent performance of the agreement will permit us
access to damages. On the other hand, if the contractor is going
to breach the contract in the first instance by doing a negligent
job, the contractor is not going to worrying about breaching the
additional clause which may require them to return and repair the
tree. They will be liable for damages and attorneys fees under
either condition.
7. Staff believes that this contractor will be more
motivated, out of concern for their reputation in the industry, to
repair any problem they cause than by any contract provision
requiring same.
8. If we release these bidders from their bids, and rebid the
job, there is a risk that the contract price, on rebid, could corne
in higher. The low bidder has offered a low, competitive bid price
comparable to the last time it was bid--two years ago.
8'-/I/S'I'I
Minutes
August 10, 1993
Page 3
9. RESOLlTl10N 17216 APPROVING A CONTRACf FOR A SYMPHONY CONCERT AND A
CONTRACf FOR PORT D1STRICf FUNDING, AND ENTERING INTO INDEMNIFICATION AGREEMENI'S
WITH ROHR, INC. AND TIm SAN DIEGO UNIFIED PORT D1STRICf . 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. RESOLlTl10N 17217 AUTHORIZING CONDmONAL TEMPORARY CLOSURE OF VARIOUS
STREETS IN TIm EASTI.AKE BUSINESS PARK AND EASTI.AKE GREENS COMMUNITIES ON SATURDAY,
AUGUST 28,1993 FOR A SI</10K RUN . The Bonita Sunrise Rotary Club (sponsor) is requesting permission
to conduct a 5K110K run on Saturday, 8128/93, 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. RESOLlTl10N 17218 ACCEPTING BIDS AND AWARDING CONTRACf FOR TREE TRIMMING
SERVICES IN TIm C11Y . Sealed bids were received on 7/21193 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) Pulled from the Consent Calendar.
Mayor Nader stated he had received complaints regarding past tree trimming services on the east side of
Fourth Avenue between Davidson and "E" Streets. He questioned whether the work had been done by the
proposed contractor. He further questioned whether it would be possible that the contract provide for
replacement of trees if negligent trimming made replacement desirable.
John Lippitt, Director of Public Works, did not believe that was in the contract. However, if City property
was damaged it was in the "Green Book" which was standard for all contracts. He did feel if there was a
valid concern, the City could require the contractor to replace the trees. The proposed contractor did the
last contract and, according to the Superintendents at Public Works, had done a good job. The item could
be delayed if Council desired.
Councilmember Rindone stated that last year he had requested a review of the number of employees in the
tree trimming section of the street department. He questioned what percentage of the tree trimming was
done by City employees versus the percentage trimmed by the contractor.
Mr. Lippitt stated there was a total of seven authorized positions but there was one vacancy. Two person
crews did the complaint trimming, specialized trimming, tree removals and replacements for the sidewalk
program. They were not set-up to do major block trimmings. The City crews did less than half of what a
contractor would do in a normal year. Staff would return with their work program when the item was
brought back to Council.
Councilmember Rindone stated he was not certain the City could not provide the service in a more cost
effective way. He realized the contract'addressed'a different type of tree trimming, but wanted to see stafl's
response and their analysis. He realized the City could not take over the operation in a year, but wanted
to know if it would be beneficial to take it over in two, four, or five years.
Mr. Lippitt requested a two week delay to allow staff to prepare a report for Council.
MS (Rindone/Nader) to continue the item to the meeting of 8/24/93 for a report addressing the concerns
expressed by Mayor Nader and Councilmember Rindone.
~'/.2
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Minutes
August 10, 1993
Page 4
Councilmember Moore felt the report was appropriate and that it should cover three to five years of costs
and percentages.
Councilmember Rindone stated he supported the recommendation and wanted to know, if the City was to
resume tree trimming, if it would be cost effective in three to five years. If the City could never achieve the
point where it would be cost effective, then Council needed to know that.
Councilmember Moore stated there was a certain need for in-house tree trimming due to complaints, etc.
and he felt that should also be included in the report.
VOTE ON MOTION: approved 3-0-2 with Horton and Fox absent.
12. REPORT NOTIFICATION OF <J1Y INfENT TO NOT RENEW LEASE AGREEMENT
WITH SAN DIEGO GAS 8t ELECfRlC (SDG8tE) FOR EASEMENT - PARCEL NUMBER 141-37-54H - The City
currently has several lease agreements with SDG8tE for utility easements for park sites. Staff is
recommending the cancellation oflease agreement for Parcel Number 141-37-54H. Cancellation of the lease
agreement with SDG8tE for use of utility easement property requires notification by either party. Staff
recommends Council accept the report. (Director of Parks and Recreation)
13. REPORT REVIEW OF CONDmONAL USE PERMIT PCC-92-06; A 12-BED
RESIDENTIAL TREATMENT FAClU1Y FOR RECOVERING ALCOHOIJCS LOCATED AT 73 NORTH SECOND
AVENUE - MAAC PROJECf - Annually the City reviews the Conditional Use Permit. Staff recommends
Council accept the report. (Director of Planning)
* * END OF CONSENT CALENDAR * *
PUBIJC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
14. PUBIJC HEARING PCA-93-03: CONSIDERATION OF ONE YEAR EXTENSION OF THE
MORATORIUM ON THE ACCEPTANCE, PROCESSING AND/OR APPROVAL OF APPIJCATIONS 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.
ORDINANCE 2565 ElITENDING FOR A PERIOD OF ONE YEAR THE MORATORIUM ON THE
ACCEPTANCE, PROCESSING AND/OR APPROVAL OF APPIJCATIONS FOR ADULT -ORIENTED RECREATION
BUSINESSES, AS PREVIOUSLYESTABIJSHED BY ORDI~ANCE NUMBER 2558 (Ul1!encvordinance) - 4/5th's
vote required.
This being the time and place as advertised the public hearing was declared open. There being no public
testimony, the public hearing was declared closed.
ORDINANCE 2565 PLACED AS AN URGENCY ORDINANCE BY MAYOR NADER, reading of the text was
waived. Approved 4-0-1 with Horton absent.
3''''1.3
07-2B~1e93 09:07
616 357 5260
ClOLOEN 6EAR ARSDRISTS. INC,
P.02
,
" ,
,
THE CITY OF CHVLA VISTA PARTY DISCLOSVRE STATBMENT
\
You are required to file a Statement of dlsclolul'Il of certain ownership interests, payments, or c:ampailn
c:ontriblltions, on all matters which will requil'll discretionary action on the part of the City Council, Planninl
Convniaaion, and all other official bodies. The fOllowin.lnfomllltion must be disclosed:
J. Ust the names of all. persons havln, a f1nancllllinlel'esl In the propeny which Is the IUbject of the
application or die contract, e.,., owner, .ppUcant, conU'llCtOr, .ubcontractor, material .upplier,
.. nn lEAl 1~lm. lit.
IIAD IOYAoIlAlh 'lIUlDU1'/.~ARYIl1U_1IIIWIAIEl
2. If any person" identified pur.uant to (1) above iI a corpol'lltion or partnership. Jilt the names of all
individual. ownln, more than 109!l of the shares In the corporation or ownln, any partnership Interest in
the partnership.
IIAD IOYAoIIAII
3. If any person" Identified pursuant to (1) above is non-profh orlanization pr . trust, list die names of any
person ~rvini as dil'llctor of the non-profit Orlllftlzation or as II'\Istee or beneficiary or trustor of the trust.
itA
4. Have you had more thllft $250 wonh of business transllCtccI with any member of the City staff, Bow"
Commissions, Committees and Council within the past twelve months? Yes_ No ..J..
If yes, please indicate person(s):
5. Please identify each and every person, Includin, any aQcnlll, employccs, consultants or independent
contractors who you have assi,ned to represent you before the CilY in this nuttter.
IIADIOYAolIAII
6. Have you and/or your officers or aaents, in the "Plllte. contrlbutccl more than $1,000 to. Councllinembcr
.
in the current or precedlna election period? Yes _ No-L
If yes. .tate which Councilmember(s):
"DIu&~ .-., 'AtqW-.~",....'_"Ai"JMaI"""', - -.,'ar ...,;",,,..,~.,,.,,..NIi.... __... _. _, mWw,.'-, 1liit1llllM1
..... _. ri" MI...,.",. ftI1'........". _'/.._jlllllIrII......u... ....,...,_ ",.................. 'M','
!NOD: _~ MdlIloMI_ . -.,)
Date:
....Y I'. 1t13
..
.
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WPC P:'fIOMlltNa_\lClClU3
IMD IOYAolIM. PllUlDEIl'
Print or type name of contraclor/appllcllllt
g;, 1'/
Pule 16
ProJlOlAl
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
FOR TREE TRIMMING SERVICES
THIS AGREEMENT ("Agreement"), made and entered into this day of
, 1993, by and between the City of Chula Vista, California,
a Municipal Corporation, hereinafter designated as "City," and
, hereinafter referred to as "CONTRACTOR."
WITNESSETH
WHEREAS, the City has solicited proposals for tree trimming within and on the streets
of the City of Chula Vista; and,
WHEREAS, Contractor has submitted to the City a proposal to trim the public trees
within the limits of the City, and .
WHEREAS, Contractor has made certain representations on which City is relying in
entering into this Agreement which representations are contained in the following documents, and
which documents are incorporated herein by reference as though specifically set forth herein as
representations:
J. The complete Contract includes all of the Contract Documents as if set
forth in full herein, to wit: the Performance Bond; the Material and Labor
Bond; Standard Specifications, Standard Special Provisions, Chula Vista
Standard Special Provisions, Standard Plans, Special Provisions, this
Contract and all addenda setting forth any modifications or interpretations
of any said Documents.
2. Awareness of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for Workmen's
Compensation or to. undertake self-insurance in accordance with the
provisions of that code.
3. Regarding Contractor's ability to perform such tree trimming services as
contained in the "Proposals to the City Council, City of Chula Vista,
California, for Tree Trimming Services" numbered pages _ through_,
inclusive, attached hereto as Exhibit F.
4. The Contractor will furnish all materials except as otherwise provided in
the Specifications or on the Plans.
NOW, TIiEREFORE, City and Contractor do hereby mutually agree as follows:
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I. Duties of Contractor
During the Term of this Agreement, Contractor shall not later than 120 days after Notice
to Proceed is provided trim public trees in the City as listed in and set forth in the "Tree
Trimming Schedule for the City of Chula Vista, CA", attached hereto as Exhibit B-1 and Exhibit
B-2, and incorporated herein by reference, as same may from time-to-time, be amended by the
City Manager, or his designee, and with such equipment and labor, and according to the special
provision general attached, Exhibit C except to the extent they are inconsistent with the
provisions of this Agreement, in which case this Agreement shall control.
A. Equipment and Labor
Contractor shall provide at his own expense, all labor, equipment, and materials
necessary for the satisfactory performance of the work set forth in this Agreement.
B. Signage
Contractor shall, in the performance of its duties, bear signs in such form and color
approved by the Director of Public Works, or his designee, visible from right and left sides of
the vehicle, substantially stating: "Under Contract to the City of Chula Vista."
C. Disposal of Tree Trimmings
It shall be the sole responsibility of Contractor, and at its sole cost and expense,
to dispose of all refuse collected in a clean and environmentally safe manner.
D. Standards for Performance
Contractor shall perform this Agreement to the standards of performance
considered by the Public Works.Director to be good tree trimming practices and shall be subject
to the approval and modification of the Director of Public Works.
E. Insurance
Contractor represents that it; its agents, and staff and any subcontractors employed
by it in connection with the services required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categories, and to the limits specified,
policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class VII"
or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
coverage.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in an amount satisfactory to the City's Risk Manager, combined single limit applied
separately to each project away from premises owned or rented by Contractor, which names City
as an Additional Insured, and which is primary to any policy which the City may otherwise carry
WI'C F,,"OMElENGINEER\1008.93
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Proposal
("Primary Coverage"), and which treats the employees of the City and Applicant in the same
manner as members of the general public ("Cross-liability Coverage").
F. Proof of Insurance Coverage. .
1. Certificates of Insurance.
Contractor shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
2. Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage
and Cross-liability Coverage required under Contractor's Commercial General Liability Insurance
Policy, Contractor shall deliver a policy endorsement to the City demonstrating same, which shall
be reviewed and approved by the Risk Manager.
.
G. Faithful Perfonnance Bond
The Contractor shall maintain in full force and effect during the term of this
Agreement, a Bond for Faithful Performance in the amount of total compensation from a
corporate surety satisfactory to the City set forth in Exhibit D. Said corporate surety shall be
duly authorized to do business in the State of California and have a Best Guide Rating of A,VII
or better, unless specially modified by the Risk Manager of the City. Such Performance Bond
shall guarantee the performance of the Contractor under the tenns and conditions of the
specifications contained herein and the Contract for Services between the parties.
H. Labor and Materials Bond
The Contractor shall maintain in full force and effect during the term of this
Agreement, a Bond for Labor and Materials in the amount of total compensation set forth in
Exhibit E.
I. Proof of Trees Trimmed
The Contractor shall keep and maintain a log of each tree trimmed in providing
service under this Agreement. At the end of each month during the Term of this Agreement,
Contractor shall deliver to the Department of Public Works, an invoice of work performed
("Invoice") together with a log of each tree trimmed during the month ("Proof of Service").
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Proposal
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II. Termination
A. For Contractor's Default.
The City may, by written notice of default to the Contractor, terminate the
whole or any part of this contract in the following circumstances:
If the work to be done under the contract is abandoned by the Contractor
or if the contract is assigned without the written consent of the City; or if the Contractor is
adjudged bankrupt; or if a general assignment of his assets is made for the benefit of his
creditors; or if a receiver is appointed for the Contractor of any of his property; or if the work
under this contract is being unnecessarily delayed, or the Contractor is violating any of the
material conditions of the contract; or that the Contractor is executing the same in bad faith or
otherwise not in accordance with the terms of said contract; then, in the event any of the
foregoing occurs, the City may serve written notice upon the Contractor and his surety of the
City's intention to terminate this contract.
Unless within 10 days after the serving of such notice, a satisfactory
arrangement is made for continuance, the Contractor shall be deemed in. default and the contract
shall be automatically terminated and the City may take over and prosecute the work to
completion, by contract or otherwise.
If, at fault, the Contractor and his surety shall be liable to the City for all
damages as well as excess cost sustained by the City by reason of such prosecution and
completion by the City. Time shall be of the essence as to any action performed by the
Contractor to correct conditions as set forth in this provision.
1. Status of Contract in Insolvency.
It is agreed that in the event the Contractor shall be adjudged bankrupted,
a receiver appointed or a generaf assignment of the benefit of creditors is made, or it is proven
insolvent or fails in business, the contract shall not be an asset of the Contractor.
B. Financial Conditions of City.
Upon a determination by the City Council to limit or terminate tree trimming
services, the City may reduce all or any portion of the work required of Contractor under this
Agreement upon a 120 day notice issued at the City's sole discretion. - -
C. Reduction or Termination Procedures
Any termination shall be effected by delivery to the Contractor of a Notice of
Reduction or Termination specifying the extent to which performance of work under the
Agreement is reduced or terminated, and the date upon which such termination becomes
effective.
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Proposal
After receipt of a Notice of Tennination, and except as otherwise directed by the
City, the Contractor shall:
1. Stop all work under the Agreement on the date and to the extent
specified in the Notice of Termination.
2. Place no further orders or subcontracts for materials, services or
facilities, except as may be necessary for completion of such
portion of the work under the Agreement as is not terminated;
3. Terminate all orders and subcontracts to the extent that they relate
to the performance of work terminated by the Notice of
Termination;
4. Settle all outstanding liabilities and all claims arising out of such
termination or orders and subcontracts, with the approval or
ratification of the City, which approval or ratification shall be final
for all the purposes of this clause.
.
After receipt of a Notice of Termination, the Contractor shall submit to the
City a termination claim, in the form and with certification prescribed by the City. Such claim
shall be submitted promptly but in no event later than SIXTY (60) days from the effective date
of termination, unless one or more extensions in writing are granted by the City upon written
request of the Contractor.
The total sum to be paid to the Contractor shall not exceed the total
otherwise due contractor as herein provided, less (in the event of default by Contractor), any
damages City may suffer by Contractor's default.
III. Duties of City
A. Compensation
On the condition that City receives a current and proper invoice for service
monthly, together with the required Proof of Service, City shall, pay compensation to the
Contractor monthly for service properly rendered, during the previous month, at the unit prices
based on the type of tree trimmed as shown in Exhibit A less a 10% retainer to be paid 35
calendar days after Council's acceptance of the work performed. - -
IV. Additional Tree Trimming Work and Compensation
On the written request of the Public Works Director to extend the tree trimming program
to include trees identified by the City in need of trimming after the effective date of this
Agreement or other locations not set forth in the original contract, or to perform any additional
special tree trimming, Contractor shall promptly, in the manner requested, and according to the
performance standards herein set forth, perform said tree trimming, and upon doing so shall be
compensated at the unit prices set forth in Exhibit A agreed upon by both parties.
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Proposal
V. Reduction in Trimming Work and Compensation
The City reserves the right to reduce the total number of trees to be trimmed as set forth
in Exhibit A by 50 percent during the term of this Agreement.
VI. Miscellaneous Provisions
A. Hold Harmless
Contractor shall defend, indemnify and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the conduct of the Contractor,
or any agent or employee, subcontractors, or others in connection with the execution of the work
covered by this Agreement, except only for those claims arising from the sole negligence or sole
willful conduct of the City, its officers, or employees. Contractor's indemnification shall include
any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents,
or employees in defending against such claims, whether the same proceed to judgment or not.
Funher, Contractor at its own expense shall, upon written request by the City, defend any such
suit or action brought against the City, its officers, agents, or employees. Contractors'
indemnification of City shall not be limited. by any prior or subsequent declaration by the
Contractor.
B. Assignment
The Contractor shall not assign, sublet, or lease any part or portion of this
Agreement without the prior written approval of the City Council, which Council may arbitrarily
withhold.
C. Notices
..
All notices or communication to either party to this Agreement by the other party
shall be deemed given when made in writing and delivered or mailed to such party at its
respective address, as follows:
City: City of Chula Vista
Department of Public Works
Operations Division
707 "F" Street
Chula Vista, CA 92010
Contractor:
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-,
D. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this Agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted upon by
the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used by the City in
the implementation of same.
Upon request by City, Contractor shall meet and confer in good faith with City
for the purpose of resolving any dispute over the terms of this Agreemenl
E. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that
the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the
claim, including costs and attorney's fees.
In the event of any dispute arising concerning terminatiDn, both parties agree to
submit the dispute to arbitration. Each party shall select its own arbitration representative, and
if they are unable to agree, they shall select a third arbitrator, and the decision of the third
arbitrator shall be conclusive and binding. The selection of arbitrators shall be made with ten
(10) days of written notice by either party to the other of a dispute arising under this section, and
the arbitration process shall take no longer than twenty (20) days.
If either party brings any action or proceeding to enforce, protect or establish any
right or remedy, the prevailing party shall be entitled to recover reasonable attorney's fees and
court costs as awarded by the court. .
F. Contractor not au.thorized to Represent City
Unless specifically authorized in writing by City, Contractor shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
G. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the i>iuties relating
to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
H. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party
that it has legal authority and capacity and direction from its principal to enter into this
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Proposal
Agreement, and that all resolutions or other actions have been taken so as to enable it to enter
into this Agreement.
I. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of California, and
if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement,
and performance hereunder, shall be the City of Chula Vista.
.
.
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Proposal
Signature Page to
AGREEMENT BETWEEN CITY OF CHULA VISTA
AND
FOR TREE TRIMMING SERVICES
IN WITNESS WHEREOF, the parties hereto have executed an Agreement in duplicate
at Chula Vista, California, the day and year first above written.
City of Chula Vista,
a Municipal Corporation
Contractor
By:
By:
Tim Nader, Mayor
Contractor
.
ATTEST:
Beverly Authelet, City Clerk
APPROVED AS TO FORM:
Bruce M. Boogaard
City Attorney
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. .
.
EXmBIT A
BID PROPOSAL
To the Honorable Mayor and City Council of the City of Chula Vista.
The undersigned declares that he has carefully examined the plans and specifications for:
TREE TRIMMING SERVICE FOR FISCAL YEAR 1992.93
IN THE CITY OF CHULA VISTA, CA
and that he has examined the location of the proposed work and has read the accompanying
instructions to bidders, and hereby proposes to furnish all materials, and do all the work required
to complete the said work in accordance with said plans, specifications, and Special Provisions
for the unit price or lump sum set forth in the following schedule.
The contractor has ONE HUNDRED TWENTY (120) working days te complete the project.
PROPOSALS WILL NOT BE ACCEPTED FROM BIDDERS WHO DO NOT ATTEND
THE PRE.BID CONFERENCE. ATTENDANCE AT THIS MEETING IS MANDATORY.
THE PRE.BID MEETING IS SCHEDULED FOR 10:00 A.M ON THURSDAY, JULY 15,
1993, IN CONFERENCE ROOM 2 AND 3 IN THE PUBLIC SERVICES BUILDING AT
276 FOURTH AVENUE, CHULA VISTA, CA
APPROXIMATE ITEMS WITH UNIT PRICE PRICE IN
ITEM QUANTITIES WRITTEN IN WORDS FIGURES TOTAL
1. 2,980 Each .Broadleaf*
TWENTY-EIGHT AIlD 77/100 DOLLARS $ 'lB.77 $ 85,734.60
Per Each Each
2. 250 Each Eucalyptu$ Trees-Small
THIRTY AIlD 00/100 DOLLARS $ 30.00 $ 7,500.00
Per Each Each -
3. 139 Each Eucalyptus Trees-Medium
FORTY-FOUR AIlD 10/100 DOLLARS $ 44.10 $ 6,129.90
P~ Each Each
.
4. 6 Each Eucalyptus Trees-Large
lINE HUJalREO TWENTY -FI VE AIlD $125.00 $ 750.00 .
Per Each W/J.W UULLAtQ Each
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APPROXIMATE ITEMS WITH UNIT PRICE FRICE IN
ITEM QUANTITffiS WRITTEN IN WORDS FIGURES TOTAL
5. 779 Each Coco Palm
FOURTEEN AIlD 00/100 DOLLARS $ 14.00 $ 10.906.00
Per Each Each
6. 224 Each Date Palm
FORTY-FOUR AIlD 00/100 DOLLARS $ 44.00 $ 9.856.00
Per Each Each
7. 633 Each Fan Palm
FORTY-SIX AIlD 00/100 DOLLARS $ 46.00 $ 29.118.00
Per Each Each
8. Lump Sum Traffic Control
.
OIlE AIlD 00/100 DOLLARS $ 1.00 $ 1.00
Lump Sum L.S.
GRAND TOTAL $ 149.995.50
.Definition of Broadleaf Trees: All trees other than Eucalyptus and Palm varieties.
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Proposal (Continued)
The undersigned further agrees that in case of default in executing the required contract, with
necessary bonds, within the ten (10) working days after having received notice that the contract
is ready for signature, the proceeds of the check or bond accompanying his bid shall become the
property of the City of Chula Vista.
Licensed in accordance with an Act providing for the registration
No. 416776 ; License Expiration Date 1/31/94
License Classification C-61/D-49' C-Z1
of Contractors, License
Contractor's State
Signature of bidder: ~ ~-
(If an individual, so state. If a firm or co.panQershiP, state the f1I1Tl name and give the names
of all individuals, co-partners composing the f1I1Tl. If a corporation, also names of President,
Secretary, Treasurer and Manager thereof, and affix the Corporate Seal thereto.)
.
6OI.DEIl BrAR ARBORISTS. INC.
BRAD BOYAJIAN
PRESIDENT. SECRETARY. TREASURER. MANAGER
Dated: JULY 19
,19~ .
146 E. RAILROAD AYE.. IIllIROYIA. CA 91016
(B usiness Address)
(818) 359-6647
(Phone Number)
TAX IDENTIFICATION NUMBER 95-3618731
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Proposal
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COUNCIL AGENDA STATEMENT
SUBMITTED BY:
1tem~
Meeting Date 8/24/93
Resolution I ? J. ~~ Approving a Conditional Grant of Easement
to the owners of the property at 915 Paseo Ranchero (First United
Methodist Church) for a driveway, authorizing the Mayor to sign the
Conditional Grant of Easement and authorizing the encroachment by such
easement into Open Space Lot A, Map 12695
Director of Public WOrkS';
Director of Parks and Recreatio~ r r
City Manager ~ ~~ (4/5ths Vote: Yes_No...xJ
ITEM TITLE:
REVIEWED BY:
The First United Methodist Church, located at the southeast corner of Paseo Ranchero and East
H Street is requesting to install a driveway through City open space within Lot A of Map 12695.
RECOMMENDATION: Approve the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
I. Background
The First United Methodist Church plans to construct a church and other supportive facilities at
915 Paseo Ranchero. To provide driveway access to East H Street and site development, two
adjoining, undeveloped residential lots (lots 1 and 2 and unbuildable Lot B, Map 12695) within
Rancho del Rey, SPA 1, Phase 2, Unit 12, were purchased from Rancho del Rey Partnership.
These lots abut an open space lot (Lot A) bordering East H Street. The church requested that
a 26-foot wide easement be granted for a proposed driveway onto East H Street (see Exhibit C)
through this 14-foot strip of open space lot which separates East H Street and the two
"residential" lots. This driveway is required because the only other access to the site is from
Paseo Ranchero which will be limited by a median in the future since it is designated as a 6-lane
prime arterial. The Design Review Committee has approved the location of this driveway.
II. Alternatives
The City could allow the driveway to be constructed across the open space through one of the
following methods:
1. Grant an easement to the church
2. Issue an encroachment permit to the church
3. Grant in fee to the church that portion of open space needed for the driveway
1-1
Page 2, Item 'I
Meeting Date 8/24/93
An encroachment pennit as outlined in Chula Vista Municipal Code, Chapter 17.08 is not
recommended for driveway use due to its temporary nature. An easement better protects the
owner because the right to use the land is somewhat permanent. An easement would, however,
require authorization from City Council to encroach into the open space. The sale of the land
(fee title) would protect the owners, but the City generally has not sold open space for this
purpose before and if the property were to be redeveloped as residential in the future there would
no longer be a buffer between East H Street and the residential lots.
The church plans to use the open space as an integral part of their site development (see Exhibit
E) and is willing to landscape and maintain the open space adjacent to their property in exchange
for a driveway easement. Consequently, staff recommends that a 26-foot wide driveway
easement be granted to the church subject to the following conditions:
1) All costs associated with processing the easement shall be borne by the
proposed grantee of the easement. This shall include but not be limited to
staff time at full cost recovery.
2) The City shall have the option to reenter and reclaim the easement if the
grantee fails to provide and maintain landscaping in the portion of Lot A
adjoining Lots 1 and 2, Map 12645 (see Exhibit B and D), the portion
being approximately 122 ft. long and 14 ft. wide.
3) The City shall reserve the right to "substantially interfere" with church
improvements when maintaining or installing sewer or storm drain improvements
associated with Rancho del Rey, Phase 2, Unit 12.
4) A reverter clause shall be included in the easement whereby the easement will
tenninate if the property is not used as a church or if redeveloped as residential.
5) The proposed grantee shall place a 4 inch sleeve for irrigation under the
driveway to be used by the City if the grantee fails to provide and
maintain landscaping.
III. Notice
Staff further recommends that notification of all property owners in the Open Space District is
not necessary because there is no statutory obligation on the part of the City to notify property
owners residing within the open space district when the City grants an easement. In this
particular case, the easement area is within the boundaries of two open space districts, Open
Space District 1 and Open Space District 20, Rancho Del Rey. However, the open space was
dedicated in conjunction with Rancho Del Rey's development (Open Space District 20) and staff
would have recommended that this open space be added to Open Space District 20's maintenance
costs, not Open Space District l' s. The area in consideration, consisting of a small manufactured
slope, has been dedicated to the City, however the turnover for maintenance would not occur
until the area has been planted. Consequently, staff does riot recommend notifying the owners
within either Open Space District because the open space area had not been added as a new
f-~
Page 3, Item q
Meeting Date 8/24/93
improvement within either district and is not proposed to be maintained by the district in the
future thereby reducing the future cost to the district.
Staff will bring forward a resolution later this year to address the overlap in open space district
boundaries for properties located south of East H Street.
FISCAL IMPACT: If Council approves the resolution as presented, the City will lose 364 sq.
ft. of open space to driveway use, but the Rancho del Rey Open Space Maintenance District No.
20 will save approximately $300 per year in maintenance cost.
Exhibits:
I A - Legal description of driveway easement
\ B - Legal description of area to be landscaped
\ C - Driveway easement plat
D - Area to be landscaped plat NOT SCANNED
E - Site plan NOT SCANNED
TAIPV-OS9
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RESOLUTION NO.
I 72J.Y
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CONDITIONAL GRANT OF
EASEMENT TO THE OWNERS OF THE PROPERTY AT 915
PASEO RANCHERO FOR A DRIVEWAY, AUTHORIZING THE
MAYOR TO SIGN THE CONDITIONAL GRANT OF
EASEMENT AND AUTHORIZING THE ENCROACHMENT BY
SUCH EASEMENT INTO OPEN SPACE LOT A, MAP 12695
WHEREAS, the First united Methodist Church, located at
the southeast corner of Paseo Ranchero and East H street, is
requesting to install a driveway through City open space within Lot
A of Map 12695; and
WHEREAS, staff recommends that a 26-foot wide driveway
easement be granted to the church subject to the following
conditions:
(1) All costs associated with processing the
easement shall be borne by the proposed
grantee of the easement. This shall include
but not be limited to staff time at full cost
recovery.
(2) The City shall have the option to reenter and
reclaim the easement if the grantee fails to
provide and maintain landscaping in the
portion of Lot A adjoining Lots 1 and 2, Map
12645 (see Exhibit B and D), the portion being
approximately 122 ft. long and 14 ft. wide.
(3) The City shall reserve the right to "substantially
interfere" with church improvements when
maintaining or installing sewer or storm drain
improvements associated with Rancho del Rey, Phase
2, Unit 12.
(4) A reverter clause shall be included in the easement
whereby the easement will terminate if the property
is not used as a church or if redeveloped as
residential.
(5) The proposed grantee shall place a 4 inch sleeve
for irrigation under the driveway to be used by the
City if the grantee fails to provide and maintain
landscaping.
NOW, THEREFORE, BE IT RESOLVED that the City council of
the City of Chula vista does hereby approve a Conditional Grant of
Easement to the owners of the property at 915 Paseo Ranchero (First
United Methodist Church) for a driveway subject to the conditions
set forth hereinabove, and authorizing the encroachment by such
easement into Open Space Lot A, Map 12695.
9.,5
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to sign the Conditional Grant of Easement to the First
united Methodist Church for a driveway through Open S ace Lot A,
Map 12695.
Presented by
John P. Lippitt, Director of
Public Works
aa~ f
Bruce M. Boogaard,
Attorney
F:\home\aUomey\puco.915
""I,
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
..
(This space for Recorder's use, only)
..
Affects A.P.N.:
llilH killliw,1iM!@"..w.;mm*.,-Aili!t<<<<&ll19iWl'1i' ~'W!i!!l!!llm'!l!iWliiWW ::: :::'Till . ii!!lIIOOi~~
CONDITIONAL GRANT OF
EASEMENT FOR INGRESS/EGRESS
The City of Chula Vista hereinafter designated "Grantor(s)", do(es) hereby grant to the First United Methodist
Church, hereinafter designated "Grantee" an easement for ingress/egress upon, over and across that certain real
property "Property" in the City of Chula Vista, County of San Diego, State of California, more particularly
described as follows: See Exhibit "A".
Said easement is granted subject to the following conditions:
(1) All cost associated with processing the easement shall be borne by the proposed grantee of the easement.
This shall include but not be limited to staff time at full cost recovery.
(2) Said easement is granted with the right reserved in the Grantor to re-enter and reclaim title to the
easement, at Grantor's option, in the event that Grantee shall fail to provide and maintain landscaping
in that portion of Lot A, Map 12695 more particularly described as follows: See Exhibit "B".
(3) The City shall reserve the right to "substantially interfere" with church improvements when maintaining
or installing sewer or storm drain improvements associated with Rancho del Rey, Phase 2, Unit 12.
(4) Said easement is granted on the further condition that the adjacent property (currently owned by Grantee
and to be utilized as a church and parking lot) continues to be utilized for church and accessory parking
purposes, and is not put into a residential use.
(5) The proposed grantee shall place a 4 inch sleeve for irrigation under the driveway to be used by the City
if the grantee fails to provide and maintain landscaping.
If any condition is violated, Grantor shall have the right to re-enter and reclaim title to the easement area, at
Grantor's option.
In witness whereof, grantor executed this instrument this
day of
~
,.
THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION
tt~~l ~)I~'~
9"'1
NOTARY ACKNOWLEDGMENT:
On before me, the undersigned, a Notary Public in and for said State, personally
appeared , personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person who executed the within instrument as on
behalf of the corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors
WITNESS my hand and official seal.
Signature
..
(This area for official seal)
..
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DIlCBO DEL aEY, PHASE 2, nIT .0. 12, IR '!'BE CITY 01' CBUU VISTA,
COUNTY 01' 8AN DIEGO, 8TATE 01' CALII'OaHIA, ACCORDING ~ MAP '!'BEaEOI' RO.
12"5, ~ILED ~oa aECORD IN '!'BE OFFICE 01' '!'BE COUNTY UCORDER 01' 8AID
COUNTY OR AUGUST 17, UtO, 'BnRG .0aE JlAaTICULULY DESCalBED AS
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CODENCING AT THE MOST NORTHWESTERLY CORNER OF SAID OPEN. SPACE LOT
"A", SAID CORNER BEING IN 'THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF EAST
"H" STREET AS SHOWN ON SAID MAP AND ALSO BEING IN A CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 4057.00 FEET, A RADIAL LINE
NORMAL TO SAID CURVE AT SAID CORNER BEARS S.2904S'OS"E.; THENCE
NORTHEASTERLY ALONG SAID CURVE AND SAID SOUTHEASTERLY RIGHT-OF-WAY
LINE OF EAST "H" STREET THROUGH A CENTRAL ANGLE OF 01"02 '14" AND AN
ARC DISTANCE OF 73.44 FEET TO A POINT IN SAID CURVE WHICH BEARS A
RADIAL LINE OF S.30047'22"E., SAID POINT ALSO BEING THE nUE POINT
01' BEGIHHING; THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 00022 '02" AND AN ARC DISTANCE OF 26.00 FEET TO A POINT IN
SAID CURVE WHICH BEARS A. RADIAL LINE OF S.31"09'24"E.; THENCE
NON-RADIAL FROM SAID CURVE, S.290S7'22"E. 14.30 FEET TO A POINT IN
THE SOUTHEASTERLY BOUNDARY LINE OF SAID OPEN SPACE LOT "A"; THENCE
SOUTHWESTERLY ALqNG THE SOUTHEASTERLY BOUNDARY LINE THEREOF,
S.S9033'S9"W. 26.00 FEET; THENCE N.290S7'22"W. 14.05 FEET TO THE
DUE POINT 01' BEGIHHING.
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P.L.S. 5506
EXPIRATION DATE: 9-30-96
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NORTHEASTERLY ALONG THE 1t0RTHWESTERLY aoUNDARY LINE OF SAID OPEN
S'ACE LOT '10' AND THE SOUTHEASTERLY aIGHT-oF-WAY UNE OF SAID BUT
"H" STREET 'l'HROUGH A CENTRAL ANGLE OF 01"OZ'U" AND AN ARC DISTANCE
OF 73.44 FEET TO A POINT IN SAID ,CUltVE WHICH BEARS A IWlIAL LINE OF
S.30'47'Z2"E., THENCE 1t0N-RADIAL FROM SAID CUltVE S.2'"57'22"E. 14.05
FEET TO A POINT IN THE SOUTHEASTERLY BOUNDARY LINE OF SAID O'EN S'ACE
LOT 'A'; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY aoUNDARY UNi:
OF SAID O'EN S'ACE LOT 'A', S.5"33'51"W. 76.50 nET TO THE IIOST
SOUTHWESTERLY CORNER OF SAID O'EN S'ACE LOT 'A'; THENCE 1t0RTHWESTERLY
ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID OPEN a'ACE LOT 'A',
N.17"51'37"W. 14.61 FEET TO THE POINT OF BEGINNING.
~UeEL I.'
COJIXDClltG 'A'r THE IIOST 1t0RTHWESTERLY COMER OF SAID OPEN aPACE LOT
'A', SUD COMER BEING III THE aOUTHEASTERLY aIGHT-oF-1QY UNE OF BUT
"H" STREET AS SHOWN ON SAID MAP AND ALSO aEIltG III A CUltVE CONCAVE
1t0RTHWESTERLY AND DvtNGA IWlIUS OF 4057.00 nET, A aADIAL LINE
1t0JlMAL '1'0 SAID CURVE A'1' aAID COMER aEARS ..II"U'O'"Z.; ftENCE
IIORTHEASTERLY ALONG DE .0RTIIWZSTI:IUoY aotMWtY un OF SAID OPEN
a'ACE LOT '10' AND SAID SOV'l'IIEAITI:RY aIGIl'I'-OF-WAY un OF SAID BUT
"H" anEET 2'HIt0UGH A CI:NTRAL ANGLE 01' 01.a4'1I" AND All DC DISTANCE
OF It. 44 FEET TO A POINT lit SAID CUItVE WHICH aEARS A aADIAL UNE OF
..31"O"Z4"E., SAID POINT ALSO aEING '1'HE alia I'OlIt'I' . a.GlaOG;
THENCE CONTINUING ALONG SAID CURVE, DROUGH A CENTRAL ANGLE OF
00"U'57" AND AN ARC DISTANCE OF ao.oo ~D'l' TO '1'HE POINT OF IItTD-
nCTION WITH THE IIORTHWESTERLY PROLONGATION OF '1'HE .0R'1'JlEAl'1'EltY
aOUNDARY LINE OF LOT a OF SAID MAP 110. 12615, A aADIAL UNE .OJ!KAL TO
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SAID c:tlRVE AT SAID POINT OF XNTERSECTION BEARS S.U"Z6'U-E., THENCE
NON-RADIAL FROM SAID c:tlRVE AND SOVl'HEASTERLY ALONG SAID NORTHWESTERLY
PROLONGATION, S.Z9"57'ZZ-E. 14.60 FEET TO A POINT XN THE SOUTH-
EASTERLY BOUNDARY LXNE OF SAXD OPEN SPACE LoT 'A', SAID POINT ALSO
BEING THE IIOST NORTHERLY CORNER OF SAID LoT Z, THENCE SOtlTBWESTERLY
ALONG THE SOUTHEASTERLY BOUNDARY UNE OF SAID OPEN SPACE I.OT 'A' AND
THE NORTHWESTERLY BOUNDARY UNE OF SAID LOT Z, S.59"33'S9-W. ZO.OO
FEE'll THENCE NORTHWESTERLY AND PARALLEL WITH THE 1I0RTHWESTERLY
PROLONGATION OF THE 1I0RTHEASTERLY BOl1lfDARY LXNE OF SAID LOT Z,
N.211"S7'ZZ-W. 14.30 FEET TO '1'NE nUB POXIIT 0.. azaxlDIXllca.
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P.L.S. 5506
MY LICENSE EXPIRES 9-30-96
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COUNCIL AGENDA STATEMENT
Item I P
Meeting Date 8124/93
REVIEWED BY:
Public Hearing - Consideration of a Resolution of Intention (ROI) to
cooperate in the preparation and possible adoption of the Clean Water
Program Multiple Species Conservation Program (MSCP)
Resolution I'} l:L' Approving the non-legally binding provisions
of the Resolution of Intention on the City of San Diego Multiple Species
Conservation Program (MSCP) Plan
Director of Planning 11/
City Manager JG. '1J~
(4/5ths Vote: Yes_No.lO
ITEM TITLE:
SUBMITTED BY:
In conjunction with implementation of the San Diego Clean Water Program, the City of San
Diego has been coordinating the preparation of a Multiple Species Conservation Program to
mitigate the environmental impacts of sewerage system expansion within the region. A
Resolution of Intention (ROI) has been developed for approval by the twelve local jurisdictions
within the MSCP study area, including the City of Chula Vista. The ROI addresses continued
participation in the development and possible adoption of an MSCP Plan by identifying a
schedule, responsibilities, voluntary actions, and the contents of a final Plan. The following
report provides further information regarding the MSCP, the proposed ROI, as well as
comments that have been received from interested groups regarding the proposal.
RECOMMENDATION: That Council approve the proposed Resolution of Intention.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
In 1991, the joint Environmental Impact Report/Environmental Impact Statement for the Clean
Water Program was approved by the City of San Diego and the U. S. Environmental Protection
Agency. In order to mitigate the secondary effects of growth induction resulting from additional
sewage capacity created by the Clean Water Program, the Final EIRlEIS contained a
requirement to mitigate these effects through the creation of a Multiple Species Conservation
Program. As stated in the Final EIRlElS, "Mitigation of secondary impacts for the Clean Water
Program involves creation of a Multiple Species Conservation Program (MSCP) to be adopted
and implemented in component parts focusing initially on a Coastal Sage Scrub preservation
element. Additional elements would add habitats and/or species incrementally to the MSCP."
The EIRlElS also indicated that the MSCP could be used to mitigate the direct impacts of
/4""
Page 2, Item 111
Meeting Date 8/24/93
construction of Clean Water Program facilities (Le., removal of sensitive habitats during
construction of sewer facilities).
The Clean Water Program EIR/EIS further clarified the purpose of the MSCP as follows: "The
purpose of the MSCP is to develop a program principally designed for the conservation of
federally endangered, threatened, or key candidate species and/or habitats (collectively called
"MSCP species") within the Metropolitan Sewage System Service Area (MSSSA) of the Clean
Water Program. For example, one part of the MSCP would focus on the California Gnatcatcher
and the conservation of Coastal Sage Scrub. The program would be designed to provide a
network of managed lands which conserve habitat and provide for wildlife movement on a large
scale. The network of managed lands is intended to maximize and enhance the opportunities for
conservation. The program will attempt to integrate the conservation goals of the U. S. Fish
& Wildlife Service, the City of San Diego, and all other interested agencies. It will provide
recommendations for management strategies for protecting biological resources, including the
acquisition of lands. It will describe the optimal means for financing the program, so that the
likelihood of its implementation will be maximized. "
Pursuant to this requirement, in July 1991, the City of San Diego began work on the Clean
Water Program Multiple Species Conservation Program. A consultant team was hired by the
City of San Diego to coordinate preparation of the Plan, and a working group was created,
which included representatives of major property owners, environmental groups, the U.S. Fish
and Wildlife Service (USFWS), California Department of Fish and Game (CDFG), and other
public agencies affected by the Plan. The Director of Planning for the City of Chula Vista has
participated on this working group.
The initial work in the MSCP has included mapping of existing and planned land uses, types of
vegetation, and ownership for the MSCP study area. In addition, a series of issue papers have
been prepared, which discuss various aspects of planning and implementing a Multiple Species
Conservation Plan. In addition, a draft set of biological standards and guidelines for preserve
planning has been prepared. There are currently additional studies which are being prepared
which will be incorporated into the draft MSCP Plan. These studies include economic and land
use analyses of several MSCP preserve planning alternatives which are currently under
discussion.
At this point, there seems to be an overall consensus on the MSCP Working Group that the
MSCP Plan will need to be a generalized "framework" plan at the regional level, to be
implemented at the local or "subarea" level through local General Plans and policies. This is
similar to the approach which has been taken in San Diego County in the Regional Growth
Management Strategy developed through SANDAG. However, there is still not consensus on
many other issues related to the format and content of the MSCP Plan. Several of these issues
are discussed later in this report.
II)" )..
Page 3, Item If)
Meeting Date 8/24/93
Resolution of Intention
In early 1993, the MSCP Working Group agreed to prepare a Resolution of Intention that would
be brought forward to the elected officials of all of the local jurisdictions which are participating
in the MSCP planning process. The purpose of this Resolution of Intention is to acknowledge
the process which is currently underway with regard to the MSCP Plan, and to solicit continued
cooperation from local jurisdictions in the completion of a draft Plan and consideration of
adoption and implementation of this Plan by local jurisdictions over time. It is understood that
modifications can be made by individual jurisdictions in adopting the proposed ROI. In
circulating the ROI, the City of San Diego is not seeking any contractual agreements at this
point, rather they are seeking a statement of intent by the affected jurisdictions that they are in
basic agreement with the goals of the MSCP and understand and are willing to participate in the
Plan's continuing process. It is important to note that this Resolution of Intention is not legally
binding on any party, nor will it preempt any jurisdiction's regulatory or discretionary land use
authority .
The draft Resolution of Intention includes 18 proposed "points of agreement," which can be
categorized as follows:
1) Completion of draft Plan
Points 1 through 5 of the resolution address public agency participation in the preparation
and review of the draft MSCP Plan.
2)
Interim Development Review
3)
Points 6 and 7 of the resolution address interim land use planning and preservation
activities during the period in which the draft MSCP plan is being completed and is
under review. Point 7 has been amended by the City of ..san Diego, in response to ~
comments from the Alliance for Habitat Conservation, (se81.etter from Alliance, dated "'k.
June 28, 1993) to clarify how draft information from the MSCP plan is to be utilized, ~
and to emphasize that such information should be considered as "draft in nature" until d!
it is ultimately approved by local jurisdictions. O.
Local Review, Adoption, and Implementation of MSCP Plan \
~
Points 8 through 18 of the resolution address the process for final review and possible
adoption of the draft MSCP plan by the Clean Water Program and local jurisdictions.
In addition, this section includes a discussion of future actions which could be taken by
local jurisdictions to implement the MSCP Plan, including the adoption of subarea plans,
implementation agreements between local jurisdictions and the USFWS and CDFG,
1'''';1
Page 4, Item / P
Meeting Date 8/24/93
establishment of entities to acquire and maintain preserve lands, and long-term funding
and financing programs.
Analvsis
As noted earlier, our staff has participated in the formulation of the proposed Resolution of
Intention, and feels that it is important for the various participants in this planning effort to
achieve a general consensus on the points addressed in the resolution prior to moving further into
the completion phase of the draft MSCP Plan. It is our understanding that the revised language
in the current draft ROI addresses the major concerns of the Alliance for Habitat Conservation
pertaining to interim development review, and that the revised language is acceptable to all other
participants in the MSCP Working Group, including the Endangered Habitats League.
Therefore, staff would recommend that the City Council approve the draft Resolution of
Intention as presented.
Relationship to Other Habitat Planning Programs
In addition to our participation in the MSCP planning effort, the City of Chula Vista has also
enrolled in the State's Natural Community Conservation Program (NCCP), which is directed
primarily at habitat conservation planning for coastal sage scrub habitat (which is the primary
habitat of the California gnatcatcher and other sensitive species). The importance of the NCCP
program was highlighted when, in March of this year, the California gnatcatcher was listed as
a threatened species by the USFWS. As part of its proposed listing and accompanying "special
rule," the USFWS proposed to allow local jurisdictions to obtain local control of development
permits in areas affected by the gnatcatcher listing through the adoption of NCCP plans, which
are approved by USFWS and CDFG. The City has had ongoing discussions with staff from the
County of San Diego and several major property owners and public agencies regarding a
cooperative effort to develop a "South County NCCP" which would address both eastern Chula
Vista and adjoining County territory.
The final listing and proposed "special rule" for the California gnatcatcher, along with final draft
NCCP Conservation Guidelines and Process Guidelines, were released last month for final
review and comment, and are currently being reviewed by City staff. Following adoption of the
final "special rule" and NCCP guidelines, which is expected in September, staff will return to
the City Council with specific recommendations regarding preparation of an NCCP plan for
Chula Vista.
It should be noted that the MSCP program has been recognized as an "Ongoing Management
Plan" under the NCCP Program. This means that the biological information being developed
in the MSCP at the regional level can be utilized in the preparation of NCCP plans, and that the
overall MSCP "framework plan" could facilitate the preparation and adoption of local subarea
plans which would meet the requirements of the NCCP program. This will allow local
1(),Lj
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': '
Page 5, Item It?
Meeting Date 8/24/93
jurisdictions to retain land use authority, while benefitting from the regional biological studies
and preserve planning efforts which are occurring through the MSCP program.
Future Planning Issues
While there appears to be consensus that an MSCP "framework plan" and the various planning
and biological studies that accompany it will be beneficial in providing a coordinated and cost-
effective approach to habitat planning within the study area, there are a number of significant
unresolved issues which are currently being discussed in the course of preparing a final draft
MSCP Plan. The following is a brief summary of those issues.
1) Level of Specificity of the Framework Plan
One major issue is whether the MSCP Plan should contain only written performance
standards and guidelines for future preserve design by local jurisdictions, or whether the
plan should also contain preliminary preserve boundaries for the entire MSCP study area.
Those arguing in favor of preliminary preserve boundaries feel that without such
boundaries, there is likely to be inconsistency among locally adopted subarea plans, and
that certain key biological areas will not be included within the preserve. Those arguing
against such boundaries feel that all decisions regarding preserve boundaries should be
made at the local level, and that it would be very difficult for all the affected jurisdictions
to reach consensus on a proposed preserve boundary through the MSCP planning and
decision-making process.
2) Multi-species versus Coastal Sage Scrub Focus
Another major issue is whether the draft MSCP Plan should address all of the sensitive
"-
habitats within the MSCP study area, or whether the Plan should focus initially only on .....
coastal sage scrub habitat. Those arguing in favor of a multi-species approach feel this ~
approach is necessary because all parts of the ecosystem are interrelated, and that ~
focusing protection efforts on one habitat could actually put greater development pressure ~
on other sensitive habitats (setIetter from Endangered Habitats League, dated August 2,.....
1993). Those arguing in favor of a coastal sage scrub focus feel that a plan that C;:,(i'
addresses all sensitive habitats may be economically infeasible to accomp~h, and is not .0'"
required under the Federal mandate related to the Clean Water Program ~e letter from~
Construction Industry Federation, dated July 12, 1993). It should be noted that the
economic analysis currently being performed by the MSCP consultant team is evaluating
the economic impacts of these two alternative approaches.
I'~
Page 6, Item I/)
Meeting Date 8/24/93
3) Process for inter jurisdictional review of draft plan
There has not been a process established for interjurisdictional policymaker-level review
of the draft MSCP Plan, or of potential revisions to the draft Plan which come out of
public review and local agency review of the draft Plan. As a comparison, when the
SANDAG Regional Growth Management Strategy was prepared, it was reviewed by both
a technical committee and the SANDAG Board of Directors prior to being released for
review by the public and by the local jurisdictions. Once comments were received from
the public and local jurisdictions, the responses were again referred back to the
SANDAG Board of Directors prior to release of the final Plan for local adoption. The
Clean Water Program staff has not established any process for inter jurisdictional review
at the policy level.
4) Schedule
The current schedule cans for a draft MSCP Plan to be released in October, and a final
Plan to be adopted in January 1994. Clean Water Program staff have indicated that this
January date is mandated, and cannot be extended. Several participants in the Working
Group have questioned the feasibility of meeting this deadline, given the number of
unresolved issues and the need for extensive public review.
Summary
Staff is recommending that the City Council approve the proposed Resolution of Intention for
the Clean Water Program MSCP. Based on such action, it would be our intent to continue to
participate on the MSCP Working Group, and to keep the City Council informed regarding the
status of resolution of the issues which are outlined above, as wen as other issues which may
arise prior to the completion of the draft MSCP Plan. In addition, staff will return as soon as
possible with a proposed work program for development of a NCCP Plan for the Chula Vista
General Plan Area.
FISCAL IMPACT: Not applicable.
(mscproLa113)
Jt) .,.t,
RESOLUTION NO.
1?;.~9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE NON-LEGALLY BINDING
PROVISIONS OF THE RESOLUTION OF INTENTION ON
THE CITY OF SAN DIEGO MULTIPLE SPECIES
CONSERVATION PROGRAM (MSCP) PLAN
WHEREAS, the city of San Diego has requested that the
City of Chula vista adopt a proposed Resolution of Intention (ROI)
on the Multiple Species Conservation Program (MSCP) Plan; and
WHEREAS, the City of Chula vista has been an active
member of the MSCP Working Group since the inception of the MSCP
Plan; and
WHEREAS, the proposed ROI has been endorsed by the San
Diego Area Wastewater Management District, of which the city of
Chula vista is a participating member and also adopted by the City
of San Diego City council; and
WHEREAS, the proposed ROI is on file in the office of the
City Clerk of the city of Chula vista, and is fully incorporated
herein by reference; and
WHEREAS, the subject ROI contains "points of agreement"
or voluntary responsibilities that the city of Chula vista would
carry ut as a local jurisdiction affected by the development,
completion, approval and implementation of the MSCP Plan; and
WHEREAS, the proposed ROI acknowledges that the
independent land use planning and permit authority of the city of
Chula Vista will be recognized by the MSCP Plan; and
WHEREAS, the City of Chula vista would derive certain
benefits from the completion, approval, and implementation of the
MSCP Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby resolve as follows:
Section 1: Environmental Findinqs:
City Council action to adopt the proposed Resolution of Intention
does not constitute a project under the California Environmental
Quality Act (CEQA).
Section 2: citv Council Action:
The city Council hereby approves the non-legally binding provisions
of the Resolution of Intention on the City of San Diego Multiple
Species Conservation Program (MSCP) Plan, as revised on July 9,
11)'7
1993 and on file in the office of the City Clerk of the City of
Chula vista.
Presented by
Robert A. Leiter, Director of
Planning
F:\bome\attomey\mscp
Bruce M.
Attorney
ItJ"'Y
"If' byJ]
"
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CLEAN WATER PROGRAM
for Greater San Diego
600 B Street, Sutte 500 . San Diego, Callfomia 92101-4587
Phone: (619) 533-4200 . Fax: (619) 533-4267 July 15, 1993
-.lu ..
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Mr. Bob Leiter
Planning Director
City of Chu1a Vista
276 Fourth Avenue
Chula Vista, CA 91910-2699
SUBJECT: Resolution of Intention (ROI) for the Multiple Species Conservation Program --
Revised Language
Dear Mr. Leiter:
At its meeting on Monday, July 12, 1993, the San Diego City Council adopted by unanimous
vote the Resolution of Intention for the Multiple Species Conservation Program (MSCP). The
version adopted differs slightly from that distributed at the ROI Workshops held on May 18
(Chula Vista) and May 21 (Santee). The changes are the result of discussions between the Chair
of the MSCP Working Group, members of the development and environmental communities,
and City of San Diego's MSCP staff.
The changes are shown on the enclosed copy of the ROI, dated July 9, 1993. Additions appear
as shaded lines; deletions are lined out.
The most extensive change is to Point of Agreement No. 7 (page 4). It was agreed that,
pursuant to California Environmental Quality Act (CEQA), local jurisdictions 1;Ilust consider
available scientific data when oetermining the adequacy of environmental documents for
proposed projects. Given this established process and the fact that the MSCP maps and
standards and guidelines are still in draft form, the first two sentences of Point of Agreement
No.7 were considered unnecessary and, therefore, were deleted.
Please call me at 533-5262 should you have any questions.
Sincerely,
~
R. DAVID FLESH
MSCP Project Manager
RDF:pcs
[n:lmscplpcs30701.ltr]
Enclosure:
July 9, 1993 Memorandum to Mayor and City Council regnrding the Multiple Species
Conservation Program Resolution of Intention
10-1
,-.: . City of San Diego
MEMORANDUM
DATE: July 9, 1993
TO: Honorable Mayor and City Council
FROM: City Manager
SUBJECT: Multiple Species Conservation Program Resolution of Intention
Docket Item # 150, July 12, 1993
Manager's Report 93-152, Issued June 9, 1993
On July 12, 1993 the City Council will consider a Resolution of Intention (ROI) for the Multiple
Species Conservation Program (MSCP). This ROI was continued from the meeting of June 14,
1993 to allow staff to develop language changes that would satisfy the concerns of both
landowners and environmental groups. Staff met with representatives of the Alliance for Habitat
Conservation and environmental groups. A key issue was the need to balance a recognition of
the existence of the draft MSCP maps, data, and standards and guidelines developed as part of
the MSCP planning process and the recognition that these materials will be in draft form for
,
about another six months.
The position of the Alliance is that the draft Standards and Guidelines and the draft Habitat
Evaluation Model (HEM) and resultant composite maps should not be used to evaluate projects.
The position of the Sierra Club, Endangered Habitats League, and Audubon Society is that
CEQA regulations require the use of available scientific data.
After several meetings an agreement was reached on language specific to the issue of the status
of MSCP documents. A strike-out and underline version of the text of the ROI is attached
showing the suggested changes.
The Manager's recommendation is to adopt the ROI with the attached revision. I anticipate that
there will be presentations to your individual offices and at City Council by the Alliance and by
the environmental groups as some of the issues surrounding the MSCP are worked out. I can
assure you that your staff are working closely and cooperatively with those interested in the
MSCP and that we will be bringing discussion and action items to you regularly for the rest of
this year through the Public Facilities and Recreation Committee.
SCH:bej
--...,..)
Attachment
10..Jf)
CITY OF SAN DIEGO VERSION
7/9/93
Resolution of Intention on the
Multiple Species Conservation Program Plan
Introduction
This Resolution of Intention (ROI) has been developed for approval by the twelve (12) local
jurisdictions of government within the Multiple Species Conservation Program Plan Study AIea
and is being circulated concurrently for their consideration. The ROI expands upon a voluntary
commitment by local jurisdictions to participate in development of an MSCP Plan by identifying
a schedule, responsibilities, voluntary actions, and the contents of a final Draft Plan. The ROI
also states that local jurisdictions will consider adoption and implementation of .the MSCP Plan
when it is completed.
This Resolution of Intention is prepared in response to the need to proceed cooperatively to
address the San Diego area's historic and future habitat loss and consequent endangerment of
animal and plant species. The ROI acknowledges that until a proactive and comprehensive plan
is developed to address this habitat loss and species endangerment, future certainty about the
successful development of public and private facilities will not be assured.
The ROI is not legally binding on any of the parties nor will it preempt any individual regulatory
or discretionary authority.
Recitals
WHEREAS, the Multiple Species Conservation Program (MSCP) is sponsored by the City of
San Diego to meet requirements necessary to enable upgrading of the Metropolitan Sewerage
System and to address the potential associated impacts of urban growth, habitat loss, and species
tWilmrafliffifffi'.... ."."~_"m"~,,' "-~~'!mm! ;R'_w
d.."..... .....;.........ffii'ifr...""'IWA:=........"'.......... .".W". . v'.; .... .....l............w~.....
en angermen i.t@lL:J:(o":\1Plf~~U~~~~~~ ," ....' , . -." - .... ; , '.- .*1' '...... .~:I..: on". '-'. eve., - JJl~4t~.;:;.~:~:;:
~U61iamndir~~:dle' and
~~wi..Ptx"~"':::':' ,"
WHEREAS, the MSCP Study AIea includes the territory of twelve (12) general purpose
agencies of government; and
WHEREAS, those general purpose agencies with substantial vacant land resources including
Chula Vista, Poway, Santee, sim Diego and the County of San Diego have been represented in
MSCP Plan development through membership in the MSCP Working Group; and
WHEREAS, the Working Group is charged with developing recommendations for the Draft
MSCP Plan including conservation, biological, land use, finance and acquisition, and
institutional components; and
II/'Jl
WHEREAS, it is important that other general purpose agencies which will benefit through
development of a regional preserve system also participate in plan development; and
WHEREAS, completion of the MSCP will contribute to development of a San Diego region
habitat preserve system when coordinated with other multiple species planning efforts including
the North County Multiple Habitat Conservation Program, County of San Diego Wildlife Habitat
and Open Space Conservation Program, and Carlsbad Habitat Management Plan; and
WHEREAS, the MSCP is a comprehensive habitat conservation based plan which addresses
multiple species needs and the preservation of natural communities; and
WHEREAS, this comprehensive approach is an effective way to equitably resolve inherent
conflicts between the need to protect natural habitats and wildlife and the need to proceed with
certain public and private projects; and
WHEREAS, when prepared, the Draft MSCP Plan will provide the biological data base,
planning guidelines and standards, financing and acquisition strategies, and other necessities to
help local jurisdictions to implement their portions of the MSCP Plan; and
WHEREAS, when prepared, the MSCP will provide equity in sharing mitigation for the habitat-
based impacts of regional growth among old and newly developed areas, and provides flexibility
to the public and private sectors in meeting their needs to mitigate the environmental impacts
9k;~.'''''''.~''''''''-'''''''''''.''''''''''''M-....;.;w.'''''':-''''*-'>>:''''.'''''''''''''''''''?<<~I~~~.ia) ~ ~-~.
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WHEREAS, direct participation by the California Department ofFish and Game, and the United
States Fish and Wildlife Service in preparation of the Draft MSCP Plan is necessary, and
WHEREAS, the MSCP creates a prt>cess for issuance of certain federal and state permits under
the respective Endangered Species Acts which will preserve habitat and wildlife, and allow the
concurrent development of the San Diego area including the development of housing, public
facilities, and commercial and employment centers; and
WHEREAS, the MSCP Plan will serve as the basis for Habitat Conservation Plans as described
by or permitted in the federal and state Endangered Species Acts; and
WHEREAS, implementation of the MSCP Plan will help maintain development flexibility by
providing a program for sharing habitat impacts and mitigation options regionally; and
WHEREAS, the independent land use planning and permit authority of local agencies will be
recognized by the MSCP Plan; and
WHEREAS, the City of San Diego supports public use of public lands; and
2
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WHEREAS, the preservation of natural habitat and wildlife will signifiCantly enhance the quality
of life in the San Diego region and set aside lands for the future use and enjoyment of the
region's citizens; and
WHEREAS, the preservation of habitat open space areas also benefits recreation as defined in
the Plan, and visual aesthetics.
WHEREAS, after nineteen (19) months of diligent effort by the MSCP Working Group, the
Draft MSCP Plan has reached a stage of development where the need for a cooperative
agreement to participate in the completion of, and consideration for implementation of the Plan
by the participating jurisdictions is at hand, NOW THEREFORE BE IT RESOLVED:
TIIAT TIIE LOCAL JURISDICTIONS ADOPTING nns CONCURRENT RESOLUTION
AGREE TIIAT COORDINATION IN TIIE PREPARATION OF TIIE DRAFT MSCP PLAN
OCCUR IN ACCORDANCE WITH TIIE FOLLOWING POINTS OF AGREEMENT.
,
Points of Agreement
1. The signatories to this agreement will continue to participate in development of
a Draft MSCP Plan through their representation on, or involvement in the MSCP
Working Group and through approval of this ROI, by the provision of a staff
liaison to the MSCP planning process, or by reviewing plan development
materials funded by the MSCP.
2. For their part, the California Department ofFish and Game and the United States
Fish and Wildlife Service will continue to provide appropriate staffing and timely
. review and comment on the evolving components of the Draft MSCP Plan.
3. The MSCP Study Area is shown on the map designated Attachment A.
4. The City of San Diego Clean Water Program, either as a department of the City
of San Diego or as staff to' the Board of Directors of the San Diego Area
Wastewater Management District, will continue to act as the lead agency in the
preparation of the Plan with review and input through the MSCP Working Group,
public participation, and in other appropriate ways. I
5. The existing land use authority of the participating jurisdictions will be
acknowledged in the Draft MSCP Plan. The MSCP Plan will in no way preempt
or limit that authority, but will work through that authority.
3
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6. Interim Land Use planning and preservation activities during development of the
Draft MSCP Plan will be closely coordinated following the model established in
the MSCP Issue Paper entitled Coordination of Interim Permit Activities which
establishes a voluntary process for informing the MSCP Planning Team of
projects being considered, and biological data developed,- at the local level.
7. l..8eal jllIisaieaall:3 ...;ill report 16 lIleir pelicy bedie3 (Cit:y Cal:lll:eH, BellffI of
Slipervisars, PlflfLJ:iRg Caffiffiissiall:) or al:her llflprepIiElte looalllflpr6';alll'dlllaIity ,
68 "tvhether aT Bet a prejeet seekiag laeal gevefflmeat appreva:l "^ltS e"{aduated
talciflg inta eall:sideFaHea Draft :MSCP ffiaps, Elata, st:anBares !!fiB gl:lidel:iaes
!IllpreYe6 BY t:he MSCP Werkiag Cr-ellp, IlfiB what I!le FeJult af I!le E:vall:laaoa
.....as. They wHl alsa ref{1iue that Biologieal smBiEs liadertllkefl far prejeets ffichldc
a seel:iaa adaressill:g the projeets' effeets ell: the eveW.ng MSCP. The draft
MSCP maps data standards and guidelines KtW'MY&1Masii\t!tJ.'81f.tffieWlaSCll
. ) J r;;::r%:~;:;.M.:Ji.X*~ ... '~Xf.:mxx;;.x.:.:Xw;.x.w.'X.:w;-,~*'J::~.:.
~BYi:~~rsl.....hieflllfe addresseS ill: lffis refit eO;greeffieat must be: .....
. Circulated for review and comment by the participants on the Working
Group and other interested parties. ,
. Approved by the Working Group for use in preparation of the Draft
MSCP Plan, and
. Will be in Draft until a final action is taken by the local jurisdiction
participants to approve or adopt the MSCP Plan.
8. The local jurisdictions will consider undertaking subarea plans in conjunction with
the MSCP Plan where desirable and appropriate. The subarea plans would be
based on guidelines established in the MSCP Issue Paper entitled Relationship
Between the MSCP and Subarea Habitat Plans which encourages local
jurisdictions to undertake subarea plans which will serve as future components of
the MSCP Plan.
9. The Draft MSCP Plan is intended to address the requirements of the State's
Natural Community Conservation Planning (NCCP) Program, and is recognized
as an Ongoing Multi-species Plan and as a subregional planning area as described
in the State's NCCP Program guidelines. It is recognized that individual NCCP
Planning Agreements may be entered into by local jurisdictions and/or private
landowners within any portion of the MSCP study area and that no one plan has
authority over another.
10. The local jurisdictions should review their public facility mitigation needs and
public land resources to determine whether or not establishing advance mitigation
for these programs as a part of the Draft MSCP Plan is desirable, and could be
achieved through the establishment of preserve system segments on public lands.
4
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This action could lead to participation in an initial permit (or coordinated
permits), issued under Sections 10(a), 2081(or other sections) of the federal and
. state Endangered Species Acts, which will be sought upon completion of the Draft
MSCP Plan.
11. It is intended that the Draft MSCP Plan will be prepared by the end of January
1994. Following a recommendation for action by the MSCP Working Group, the
City of San Diego Clean Water Program, in cooperation with staffs of the
participating jurisdictions, will review the Draft Plan before asking for formal
adoption by the twelve local jurisdictions.
12, When prepared, the Draft MSCP plan will contain at least the sections described
in Attachment D.
13. Following adoption of the Draft MSCP Plan the twelve (12) local jurisdictions
will consider its incorporation into local General and Community Plans and other
local codes and ordinances.
,
14. The local jurisdictions will recommend a process to choose the best institutional
structure to implement the MSCP Plan working through the MSCP Working
Group and other related entities established for cooperative decision-making.
15. The local jurisdictions will begin to draft a model implementation agreement
between themselves and the resource agencies. This will be done in anticipation
of a cooperative permit application based on the MSCP Plan. .
16. Development of Subarea Plans which proceed concurrently with the Draft MSCP
Plan are the responsibility of the local lead agency(ies).
17. The local jurisdictions will assist the MSCP by providing technical assistance,
data, and by helping to raise funds to supplement the planning program and gain
commitments to fund plan implementation from appropriate outside sources.
Provisions for long term reimbursement of local jurisdiction signatories should
be examined to insure equitable funding. Efforts should be made to minimize
funding required from local agencies.
18. These concurrent Resolutions of Intention will be in effect until the signatories
adopt, or otherwise enter into an agreement to implement, the MSCP Plan.
5
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ALLIANCE FOR HABITAT CONSERVATION
41 6 University Avenue. Suite 200
San Diego. CA 9.2103
(618) 286-4384
June 28, 1993
The Honorable Tim Nader
Mayor
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Clean Water Program Resolution of Intention (ROI)
Dear Mayor Nader:
,
When Secretary of the Interior Bruce Babbitt announced listing the
California gnatcatcher as a threatened species, he counseled against
what he termed the "train wreck" that the spotted owl had brought
to the Pacific Northwest.
Unfortunately, the San Diego region is in, danger of a "wreck" of
potentially far greater magnitude because of the unbalanced
Multi-Species Conservation Program (MSCP), a significant aspect of
which will be coming before your City Council in the near future.
The purpose of this letter is to request that your City Council
defer any action on the MSCP Resolution of Intention (ROI). The
Alliance recommends that all member Jurisdictions in the Clean Water
Program hold a full public workshop to hear the broad implications
of this program. .
This is needed so that the significant implications of the ROI can
be exposed to an extensive public hearing process as soon as
possible. It is imperative that .the general public -- those
thousands of property owners whose land will be targeted for
preservation, with no future development options, and those
hundreds of thousands who will have to pay a significant share' of
the costa of it -- be exposed to it now, and that the Council better
understand the full implications of this highly complex program. .
To date, the Clean Water Program staff from the City of San Diego
have presented an amazingly positive and simplistic overview of the
MSCP Program, but they have faUed to alert you to the program's
more serious implications: .
. Potentially convulsive changes to your City's entire'
General, Community and Specific Plan framework.
. ;.;tp (V) .
~-'00;'
J._
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WRITTEN COMM~NlCATIO.NS
. . II)-I{, 'r ~,yV
June, 28, 1993
Page 2
.
A potential acquisition cost of mUUonsfor each member, '
jurisdiction. -
, '
. The threat ~f a tidal wave of "taking" lawsult~, should land
owners ll,ot be adequately compensated if their land is
needed for the preserve system., ~
. Forcing a Blgnlflcant amount of future growth into existing
neighborhoods, with foreseeable community furor. .
. . j."
. ,Forcing additional growth Into l!xlsting prime agriculture
areas, causing leapfrog development. ' ,
As presently devised, the MSCP is an extraordinarily cOlJlplex
scheme, so far based entirely on narrowly focused biologic
considerations. The MSCP has' considered economic and land use
impUcations only in terms of proposing to acquire most of ~e
needed land through exactions, and even now threatens to Ignore
economic reality as' it' rolls toward completion. '
Before action is taken on the ROI, the following impacts should be
considered. These only begin to reveal the complexity of this issue.
1.
Narrow Biolol[ic Focus. The Multi-Species Conservation '
Program Is driven solely by biologic considerations .No one
argues that a sound biological basis Is necessary or Federal
permits will not be Issued. The problem is that all other
elements, including economic, land use and social faators are
either ignored or.minlmized. ' '
The MSCP has produced onerous maps and "Standards and
Guidelines" that imply enormous changes in land use policy
without benefit of any public or- Council review. As a
consequence, your Council wlll be forced to give priority to
the Clean Water Program over all other criteria when making
land use decisions. This Is a priority with which you should
be comfortable. ' -
.'
,"- -
, ,
2. ,Maps.' The MSCP Habitat Evaluation ~aps classify
approximately 125,000 acres as Very High Quality habitat.,
.Clean Water Program consultants have recommended that all'
125,000 acres be' permanently preserved. __" .-.
3. Land Use. Implementation of the MSCP w1ll require majOr
changes to the City's exlstlni General, Community and Specific
-Plan programs at a probable cost of many mUlions of dol1~s
over a decade or more. How wlll, land use decisions be carried
out, in the meantime?
~
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June 28, 1993.
Page 3
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4. Economic Disruption. Despltl! assurances to the eoptrary, .
- both San Diego City and County staff have used draft .'
(unreviewed and' unadopted) MSCP documents for ,commenting on
current projects.-. The. uncertainty that this has caused, 'I! well
as delay-during a time of deep recel!sion, . already has had,; '.
significant negative economic i1npacts. -
. 'I - ...-'
. " -. ~.
5. . Impact on dty Budllet. Adoption of the ROI :and / .... - '. _
implementation of the MSCPwlll commlt member Jurisdlctions _ to
a significant on-going annual expense ~9 manage the Pl'tlg~m;'
Prior to any' action on theROI, we belleve that all
Jurisdictions should know the fiscal budget impacts of the
MSCP program. .
"
- There has been recent inovement on the part of MSCP staff to
determine how much of preserve system the region can afford. We
applaud ,these efforts, albeit late in the process. . .HC!wever, .staff
needs to hear your opinions. . . ~ ,J. .'
Despite these serious issues, I must assure you that the All1ance
supports without equivocation the est&bl~shment of an ecosystem-based
.' wlldllfe preserve system, encompassing coastal sage scrub, wetland!!,
riparian, .and with adequate funding, other more abundant ,habitats
characteristic of San Diego County's Unique biOdiversity. We cannot
let this program fall despite the gravity of the program Impacts
l1sted above because our members' development activities are in
moratorium untll the preserve system or an equivalent is apProved
by the U. S. Fish and WlldIife Service. -. ,. '. . , . ' .
,~
,
. i-- _'- , ' '~:' .. ' ."
In summary, I urge you to avoid the potential "train wreck" that
action on the ROI would bring at this time. Please hold full .
noticed publlc hearings on the proposed Resolution of Intention
before any final action is taken to cOmmit your City's taxpayers
to this potentially dIsastrous program. .
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cc: 'Karen -Scarborough
Susan Hamllton
,
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Dan Silver . Coordinator
8424A Santa Monica Blvd. #592
Los Angeles, CA 90069
TEL/FAX 213.654 . 1456
ENDANGERED HABITATS LEAGUE
DtdiCllttd ID the Protection of CotuUII Snge Scrub nnd Other Threntmed Ecosystem,
The Honorable TIm Nader. Mayor
and Members of the City Council
276 Founh Ave.
Chula Vista, CA 91910
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RE: Suppon for Multiple Species Conservation Program (MSCP) Resolutio~J;tnten1lbn (ROI)
July 12, 1993
Dear Mayor and Members of the Council:
Our organization is an alliance of conservation groups and individuals dedicated to
ecosystem protection and cooperative solutions which reconcile environ'ment and development
We are privileged to serve on the MSCP Working Group. Due to the rapid progress which has
been made, the MSCP study area is now far ahead of the rest of Southern California in preparing
to meet the federal mandate now in effect for the California GnatcaU:her, recently listed under the
Endangered Species Act .
If the program is to advance further, however, there must be an assurance of continued
participation by the local jurisdictions, and a clear understanding of their vital roles and
responsibilities in making the process work. It is these roles and responsibilities which are detailed
in the Resolution of Intention (ROI).
Contrary to letters from the development industry, the ROI does not set forth policy options
or plan alternatives for your consideration. When these are available in early 1994, public hearings
would be appropriate. but would now be premature. After approving the ROI within the Working
Group, the industry's current opposition is simply a ploy to gain leverage over the process. We
hope you will not be a party to this manipulation.
We are impressed by the MSCPs early integration ofland use planning, biology,
economics. and the protection of private propeny rights. Within the forum of the Working Group,
these issues are being effectively addressed. The MSCP is also structured to give local
governments autonomy and flexibility in drawing fina1 reserve boundaries.
Unless the MSCP is successful, the near future is sure to bring a succession of disruptive
endangered species listings which go far beyond the gnatcatcher. In order to gain the short and
long-term economic benefits of a multiple species plan, we must not delay. Your continued
productive participation in the MSCP process, as contained in the ROI, is essential.
We urge your approval of this excellent document. Thank you for considering our views.
With best regards,
U- ~~.
L C.' --..Z /'f0'* ('I) '~~?:"<<;r:r
d~.:... WRITTEN/;_~rMUNICA T~N~~9
ENDANGERED HABITATS LEAGUE MEMBERS
*San Diego area groups
Friends of the Tecate Cypress
The Environmental Trost*
Santiago Creek Greenway Alliance
Friends of the Santa Margarita River*
Friends of the Northern San Jacinto Valley
The Irvine Conservancy
Southwestern Herpetologists Society*
Back Country Land Trust*
Alpine Land Consesvancy*
Stop Polluting Our Newport
Save the Headlands
Carlsbad Arboretum Foundation*
Cottonwood Creek Conservancy*
Ecology Center of Southern California
Friends of the Hills
Defenders of Wildlife
Orange County Fund for Environmental Defense
laguna Canyon Conservancy
Mountain Defense League*
Save Our Coastline 2000
Laguna Greenbelt, Inc.
Friends of Batiquitos Lagoon*
San Diego Biodiversity Project*
Rural Canyons Conservation Fund
Friends of the Santa Ana River
Tri County Conservation League
San Diego Audubon Society*
Santa BaIbara Audubon Society
Laguna Hills Audubon Society
Palomar Audubon Society*
Los Angeles Audubon Society
Buena Vista Audubon Society*
Pomona Valley Audubon Society
Palos Verdes Peninsula Audubon Society
Pasadena Audubon Society
South Coast Audubon Society
Sea and Sage Audubon Society
Santa Monica Bay Audubon Society
E1 Dorado Audubon Society
San Fernando Valley Audubon Society
Siena Oub San Diego Chapter* .
Siena Oub Angeles Chapter
Siena Oub San Gorgonio Chapter
Friends of Los Penasquitos Canyon Preserve*
Shoreline Study Center*
California Native Plant Society, State Chapter
California Native Plant Society, Orange County Chapter
California Native Plant Society, San Diego Chapter*
California Native Plant Society, Los AngeleslSanta Monica Chapter
California Native Plant Society, Kern County Chapter
Committee for the Environment (Orange County Bar Assoc.)
San Bernardino Sage Friends
Save Our Forest and Ranchlands*
Friends of the Foothills
Ballona Lagoon Marine Preserve
Coastal Conservation Coalition
Pomona Valley Greens
National Opossums, Inc.
Environmental Health Coalition*
Golden State Wildlife Federation
Friends of the Alamos District
1"".2.1)
Dan Silver . Coordinator
8424A Santa Monica Blvd. #592
Los Angeles, CA 90069
TEL/FAX 213.654,1456
ENDANGERED HABITATS LEAGUE
Dedicated to the Protection of Coastal Sage Scmb and Other Thretltt1led Eoosystems
'.,. .
August 2. 1993
Ms. Karen Scarborough
Office of the Mayor
202 "C" Street
San Diego, CA 92101
Dear Karen:
On July 15, the Alliance for Habitat Conservation presented to the Working Group a
proposal for a "habitat-based" MSCP implementing strategy. In brief, they propose phasing the
MSCP habitat by habitat, with coastal sage scrub the first We believe adopting this method would
be fatal to the program on both biological and pragmatic grounds. lfphasing proves necessary, it
should instead be done geographically, with all plan elements remaining intact
All parts of natural. systems are inter-related, and ecosystem planning must be
comprehensive. To isolate planning in a given subarea to one habitat type cannot be justified on
biological grounds. If a jurisdiction planned for coastal sage scrub but deferred planning of nearby
riparian, chaparral. and grassland. and woodland, how would future ecosystem functions be
assured withoUl strict inJerim developmenJ restrictions on those nearby habitats? The alternative -
unrestricted development of the deferred habitats - would destroy reserve integrity. With these
uncertainties, it would be impossible to attain the basic MSCP goal of demonstrating to the wildlife
agencies that adequate steps had been taken to preclude the need to list species in the future.
From a practical standpoint, it makes no sense for a jurisdiction to re-visit the same
geographic area for repeated rounds of planning. That would, in fact, create a planning chaos of
multiple general and community-level plan revisions, and completely defeat the efficiency benefits
ofa comprehensive approach. In reality, it would be difficult !fnot impossible for a jurisdiction to
ever go back and implement the other habitats. Also, how could neighboring jurisdictions
successfully plan without adequate knowledge of anticipated impacts elsewhere? Due to its
impractical aspects, this method would lead to the disintegration of the MSCP.
If, for some reason, it becomes inf~ble to plan and implement a subregion or subarea all
at once, it is infinitely more practical, biologically sound, and cost-effective to prioritize the
geographic locations, provide scientific justification for the validity of the phasing, and keep the
multiple habitat scope of the MCSP intact As recognized by the MSCP's current subarea
approach, reserve building blocks can only be geographic, not isolated habitats without relation to
the natural. systems we seek to protect
In conclusion, the U1IlJvoidable consequences of the proposed sequential method of "habitat-
based" planning include not only abandonment of MSCP goals and scope, but also unworkable
and doubtful implementation. This uncertain result could not possibly satisfy the mandates of the .
mitigation agreement between the EPA, the Fish and Wildlife Service, and the Qty of San Diego.
The Alliance's proposal would thus jeopardize at least the $44 million grant for sewerage upgrade
which is conditioned by MSCP preparation. Because the League truly wants the MSCP to succeed
instead of fail, we are unalterably opposed to this misguided proposal, and we strongly urge its
rejection at this point in the planning process.
Ip..,;.f
cc:
Thank you for considering our views.
Dave Schlesinger, CWP
Susan Hamilton, CWP
Dave flesh, CWP
Mary Lee Balko, City of San Diego
Janet Fairbanks, SANDAG
Rick Alexander, CCI
Gail Kobetich, USFWS
Nancy Gilbert, USFWS
Larry Eng, CDFG
Bill Tippets. CDFG
Members of the Working Group
With best regards,
4"_
Dan Silver,
Coordinator
III' .J.~
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CONSTR~JC'FHiN
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July 12. 1993
The HonodbIe MayQl' and City C(lUIICiI_.mMr,
City of San Diego
202 C Street
San Diego. Ca. 92101
Re: Item'15O - July 12, 1993. R.eIohdioa oIlateIJ'loB oIiH MuldpJe Species
COllSenatioa Program
Dear HDnorable Mayor and Councilmembers:
The CoDsrrucdon InduIIry FedcIaIion approciata die opporlulIity to offec its COIlllIIeIILIIIId
_endations OIIlbe p;oposed R--I"fiIvI of Inlelltion of the Multiple Species CoPsemuion
Program. ,
In 1990, the Joint Environmenral Impaa ReporrJEnvironmental ImpllCt StaIeIIIent fQl' die Clean
WaItr Program was approved by Ibe City 01 San Diego and the U.s.llnvironmental Ptoteclion
Agav:y. In order 10 mltigaIe the lec"""~ effec1s of 8fOWIII ."".....inn rauIling 6:aIllbc
AN!;fi()fte1 sewage capacily CtC8lCd by lbe Qean WaItr Program. Ibe final EIRlEIS """ca;"('d a
requin:ment to mipgate Ibesc effects Ihrough die CIeaIioa 01 a multiple spec:ios conscrvadon
program.
AB ".;!;led in lbc EIMlIS.!be MSQ> was 10 be adopted and imp1emenled in "compooeau pans
focusiDg.initially on a coastal age scrnb ~ element. ~Mi~ elelDenls would add
babitalS and/or species lnl:rcmenlAl1y 10 !be MSCP." The MSCP was also 10 be ""-iP""l for the
COIIservation of federal1y eodang~ l!DeaIeMd. or ey candidate specia and their babitA" "
(See A.lUIcbmcDt If
What is before lbc City Con-ll is a!llQllClSt Iba1 you give 1bll City's otfIdaI Iupport, com...;........,'.
and direction 10 proceed witb a JIII.ltipIA species c:onserVIIioa program dlat far ~"""(ls dlat wbicb
was originally c:onceivcd and ~ 10 by tIIc City and BPA. J1 is. progIIIIIlIW will cost !be
public blIIions 01 dollars In ~ COII&
Inslcad ofbeing an MSCP tbIt is c1eve1qle4 iD component puIS besinning widt aCOlStalI8gC
SCtIIb paezvaIion element . 81 reqniled by the final ElRIEIS. die MSCP dw has emerged
inc1udcs 24 atbel' habiw typeS wbicb wiD enJarge 1bll preservaIiOIIarea by ICIIS of t.hoo..""", of
addiIionaI acres and ad4 millions 10 the cost of the program. Inslcad of being an MSCP lhatla
designed for Ibe consetYIIlioD of tedcnIly -~ mr:.~. QI' by Cl''''';'''''' spec;c, . as
reqniIed by lbe final E1RJEIS - wIW bas anerae4 is a program cbal includes 94 iDdIv1duaI species
some of wbich aR aoilber cadangeled.1bI-t--\. or """";"""'f for llstlng aDd some of wbich are
DOt even prescnr. in Ihe San Diego regioft. (See Allachmen(2)
/1) ".2.:1
. .
Page 2
July 12. 1993
Recoatwuandlll'~:
Di1ec;t die aty Maaag('Z Ul rcasseas Iho Dqft MSCP and III .usn 1bc propm in ICClOI'dance with
Ihe YUIIi mRIEIS of Ihe Clean Wafa' Program making it a CClII8III Sase Scrub praervaIion
pIOjpaID. 11Iis aIlemaIivc would allow 1bc crealioa of alllo8d-bucd lIDd CCllIIpI'ebeaai mu!liple
specic$ coaseMItioo progzam wbile permitting ~""""hIe ec:oaomic activity 10 COIIlinuc lit
reduced COllI Ul1bc public. This aJremalivc: would JlICICIVC 21 pIams IlId animale ClIIlhe Federal
candidarc Iisl and all 10 spedca on !be FedC'ZaI eadaDgcBd IIId ~ 1ist. (see Auachment 3)
11WIk you for your considetalion.
b~~~"
Executive Dircc:1Or
CllIIIlnIdiClII Jadustry FederaIiClII
AUaduneDls
I (J -,J. '-/
"
ATTACHMENT 1
From the March 1991 Final EIR/EIS - Clean Water Program
b. Cantl,tI.U! Species. Little mousetail was found in only one
vernal Pool, which is within a reserved area in the project design (CWP. Volume
vm,1990).
All other vcma1 poob noted have been included in areas desig-
nated as Reserved, Unused area. or Dodicau:d Biological Pn:scrve.'The J'lNI;"'.lC<l
Biological Presavc is prcsendy a cultivated area with mima mound topography.
While no mitigation is requinld, as no impacts arc predicted. the area has the
polelltial for the enhancement of vcmal pool habitat. In addition, variegated
dudleya and San Diego goldcnstaI" an: often asS<!ciared with mima mound
topography.
The Dedicated Biological P=erve and Unused Area are presently
Rudcnl with IDima mound topography, Culdvarcd with IDima IIIOWld topography. and a
burned area of coastal. sage scrub. The overall area is distuIbed by vehicles.
and . a herd of goats was grazing the propeny during the biological surveys.
Removal of the disturbances would allow the improvement in qualiry or regenera-
tion of habitats used by several of the species of concern. Based on the
existing conditions. the values of the dedicated areas of mima mound topography
appear co be comparable, if not better, than the values of areas lost
VL MlTIGA nON OF SECONDARY EFFEcrs
ASSuming. without conceding. that the Clean W~ Program has growth
inducing impacts, the following midgation measures may reduce such impacts;
however. until specific mitigation is designed and a mitigation monitoring and
reponing program is developed, these impacts. to the extent they exist. are
considered significant and not mitigated at this time.
Mitigation of sec:ondaty impactS for the Oean Water Program involves CRI-
ation of a Multiple Species Conservation Program (MSCP) to be adopted and
implemented in COlIlponent parts focusing initially on a coastal sage scrub pres_
ervation elelIlent. Additional elements would add habitats and/or species
incrementally to the MSCP.
The pllIpose of the MSCP is to develop a program. principally designed for the
conservation of federally endangered, thn:a1Clied, or kq r.nl'lidate spcdcs and
their habitats (collcctively called "MSCP species") within the MetropOlitan
Sewage System Service AIea (MSSSA) of the Cle8n Wat<< Program. For eY"mpl~. one
pan of dIe MSCP would focus 011 the Califomia J1'''I('.A'()J,er and the consena1ion
Of C'<)astal sage scrub.
The program would be designed to provide a network of managed lands- which
conserve habitat and provide for wildllfe movement 011 a large scale. The net-
work of. managed lands is int~td to m"Yimi'1:e and Cl'h..n"'C the opportW1ities for
conservallon.
,
The program will attempt to integrate the -conservation goals of the USFWS,
the City of San Diego. and'all other inu:zestcd agencies. It will provide rec-
ommendations for management strategies for protecting biological resources,
including the acquisition of lands. It will describe the optimal ",^"n~ for
financing the program so that the likelihood of its implementation will be
m,:ty;mf,ed.
68
11"'.2>'
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FileNo.'
PUBUC HEARING CHECK UST
CITY COUNCIL PUBUC HEARING DATE
SUBJECT Q......1:.J...'~.~ .L. .....,.....-t.l..j~f?:4"'~.-. ~ ,. r~J..4...
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SENT ~O STAR NEWS FORPuBUCATION -. BY FAX.L.; BY HAND ; BY MAIL',
PUBUCATION DATE g /,,-I'f!l .' '
MAILED NOTICES TO PROPERTY OWNERS
-
NO. MAILED
PER GC 54992 Legislative Staff, ConsttUction Industry Fed, 6336 Greenwich Dr Suite F. San Diego; 92122
LOGGED IN AGENDA BOOK <i$/I7. f q3,
::;'
COPIES TO:
AdD:1inistration (4) ,/
Planning ./"
"'-'"
()pginating Department .
Engineering /' .
Others
Citi Clerk's Office (2~'"/
POSTOI'fBULLETIN BOARDS 'i 1,~/q! .
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NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY
THE CITY COUNCIL of Chula Vista, California, for the purpose of considering a
Resolution of Intention (ROI) to cooperate in the preparation and possible adoption of the
Clean Water Program Multiple Species Conservation Program (MSCP). In conjunction with
implementation of the San Diego Clean Water Program, the City of San Diego has been
coordinating the preparation of a Multiple Species Conservation Program (MSCP) to mitigate
the environmental impacts of sewer system expansion. A Resolution of Intention (ROI) has
been developed for approval by the 12 local jurisdictions within the MSCP Study Area,
including the City of Chula Vista. The ROI addresses continued participation in the
development and adoption of an MSCP Plan by identifying a schedule, responsibilities,
voluntary actions, and the contents of a final Plan.
Any petitions to be submitted to the City Council must be received by the City
Clerk's office no later than noon of the hearing date.
If you wish to challenge the City's action on this matter in court, you may be limited
to raising only those issues you or somebne else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Council at or prior to the public
hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE COUNCIL on Tuesday,
August 24, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
A venue, at which time any person desiring to be heard may appear.
DATED: August 11, 1993
(ccnot.roi)
WPC F:\home\planning\110S.93
/O~oLg
MEMORANDUM
August 19, 1993
File: DS-024
VIA:
John Goss, City Manager ~ .. /
John Lippitt, Director of Public Works ftIV
TO:
FROM: Bill Gustafson, Transit Coordinator (!::If'
SUBJECT: Transit Concerns Expressed by Mrs. Carolyn Butler
At the August 17, 1993 Council meeting, Mrs. Carolyn Butler expressed concern over two transit
matters: out-of-date schedules and wheelchair lift malfunction. This memo will address these
two concerns.
CVT SCHEDULES
Schedule Accuracv
CVT route schedules are displayed in schedul~ racks in the Public Services Building, City Hall,
Chula Vista Library and at a few other locations throughout the City, including Southwestern
College, Chula Vista Center and the Visitor Information Center at the Bayfront Station. On
Wednesday, August 18, I checked the schedules at the library and Civic Center locations and they
are current (I did not check the other locations but we regularly stock these locations so they
have the same schedules as the library and Civic Center locations).
We reprint schedules periodically throughout the year for the following two reasons: a schedule
change, or the need for more schedules. If the reprinting is due to a schedule change, we replace
the old schedule with the new one; if there is no change, both the "old and "new" printing may
be displayed until the old printing has been depleted. I have attached for your information Route
702 and Route 705 schedules which show the effective dates of March 15, 1993 and July 1,
1993. You will note that these schedules are exactly the same. The March 15, 1993 dated
schedules will soon be depleted, but sometimes there is an overlap. We do not throwaway the
previously dated schedules because they are still valid and we do not want to waste these
schedules.
We print and distribute over 500,000 schedules annually. The Transit office has received no
previous input from the public that the CVT schedules are misleading or cause any confusion.
Schedule Availabilitv at Librarv
When I checked the library schedule rack at 8:00 a.m. on Wednesday, August 18, the rack
contained only one CVT schedule - Route 706. At the library, the Volunteer Coordinator calls
us when schedules are needed and we deliver CVT schedules for each route; the Volunteer
oJ~(/
Transit Concerns
August 19, 1993-
Page 2
Coordinator is responsible for putting the schedules on the rack. A volunteer restocks the rack
on Wednesday and Friday. This procedure generally has worked well in the past since schedules
at the library tend to be used quickly and the library staff is able to restock the rack when
needed.
However, when I checked the rack on Wednesday morning, all the schedules except one route
were gone as I mentioned earlier. Apparently there had been a large demand for schedules since
the previous Friday, possibly because of the start of Southwestern College.
The person at the Library information desk is available to obtain schedules for the public should
the schedule for a particular route not be on the rack. However, in order to ensure that all CVT
schedules are on the rack, Transit staff will check the rack on Monday; therefore the rack will
be checked on Monday, Wednesday and Friday.
WHEELCHAIR LIFT ON BUS 22
Attached for your information is the CVT Driver Daily Record (DDR) and Defect Sheet. You
may recall that we combined the Defect Sheet on the DDR about one year ago in order to ensure
that defects noted by drivers are reviewed and responded to by CVT mechanics before the bus
goes into service the following day.
This attached Defect Sheet is for bus 22; please note that on the "defect" portion on Monday,
August 16, 1993, the driver noted a problem with the wheelchair lift at 11:40 a.m.; it was
working at 12 noon and then problems were noted again at 12:40 p.m. The mechanics comments
are noted on the bottom.
I talked with both the San Diego Transit Operations Manager and Road Supervisor, who was
directly involved in this matter. When the lift did not work the first time, there was a passenger
in a wheelchair waiting to board. The driver radioed dispatch, the Road Supervisor met the bus
at the end of the trip and got the lift to work (he also responded to the second call). The
wheelchair passenger was advised that another bus with an operating lift would be along in a few
minutes and was asked to wait for that bus.
The following is a discussion of CVT's policy on transporting wheelchair passengers, and also
driver procedures regarding lift operation:
Regarding transporting of wheelchair passengers, our fIrst obligation is to comply with the
Americans with Disabilities Act (ADA). Basically, the ADA requires that a wheelchair passenger
be picked up within 30 minutes or less if the former accessible bus has a malfunctioning lift.
In this particular incident, the next bus for the wheelchair passenger who initially wanted to ride
bus 22 would be arriving well within the 30 minute timeframe, so the passenger was
accommodated in that manner. In the event that the next bus would not be passing within 30
minutes, then a "bus exchange" would be done, meaning that the bus with the inoperable lift
would be exchanged for a spare bus with a working lift.
&4~A
Transit Concerns
August 19, 1993
Page 3
Normally, this procedure would be sufficient to accommodate the passenger. However, if there
were no spare buses available with working wheelchair lifts, then. the dispatcher would make
other arrangements to pick up the passenger, including coordinating the pickup with HandYtrans
or a taxi if the wheelchair passenger could ride in a passenger car.
Attached for your information are two sections from the CVT/SDT driver's manual. This manual
is given to all CVT drivers. Section VIII discusses wheelchair lift procedures to be observed by
CVT drivers. Sections D and E provide further information on operating procedures to assist
passengers and also on specific procedures regarding the lifts.
Wheelchair lifts are temperamental. Malfunctions are frequent but often can be corrected with
minor adjustments. The general wheelchair lift operating' procedures are as follows: the
wheelchair lifts are cycled (operated) at least once daily. This is done for a number of reasons,
including to ensure that drivers remain familiar with how the lift works, to keep the hydraulic
fluid warm and to identify problems before using the lift for a passenger. If a driver has a lift
malfunction while on route then the driver calls dispatch. Dispatch will first ask the driver to
perform some procedures to verify that the lift is malfunctioning; if the lift still does not work,
then either a road supervisor or mechanic will be sent to the bus. Often the lift can be repaired
in a few minutes. If the lift cannot be repaired in a short period of time, then a bus exchange
is done. If a lift malfunction occurs while trying t.o board a passenger, then that passenger is
accommodated as I described earlier.
For your information,.CVT carries approximately 110 wheelchair passengers per month. There
are certain routes, like 702 and 712, that carry wheelchair passengers on a regular basis.
Therefore, we make every effort to ensure that buses assigned to these routes have lifts that are
in good working condition. However, as I mentioned earlier, although wheelchair lift technology
has improved over the years, the equipment is not consistently dependable and requires frequent
maintenance and adjustment.
Please let me kuow if you would like any additional information.
WPC F:'Ibome\eogioeeilbiUg\1233.93
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Chula Vista Transit
Driver's Dally Record
~(~
WJ!j
can~
41 /7 1~
0...
/ (/?~6/1
Beginning Mile... Reading
-
-
f66z..fS-
Badia. MiI_.e a.ead.i..
-
263 C> 7
It/I /7
Beginning Fanbox Reading
-
-
-
EDcIJ.. Puebax R.cadiD..
REDUCED FARES
PASS USAGE
TRANSFERS
CVT
/
/7
zJ $48 /02
JuniOl8 Regional Pass
/~ $21 '-16
E."'H. Youth Pus
cvr $11 IIi,
Upgrades E. '" H. Pass
SDT :/
Ncr
Downtowners
932
TOTAL
Lfl
'J.cPtf
TOTAL
TarAL
Driver Note.
II
DEFECT SHEET
]
t
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:./
~:
<Note: DIf.FZCT SH&CT to be fill.d out day prior 10 6... ...~rd
0... GhoUl!' DDR.)
AI.SYSTEMS: OGaugeNotWorklng OLowAir OLeaka BRAKES:
CHAssts: DUnderCarriageNoise DSways/Wand.en o Rough Ride CoolANT:
000RS: o Front ORear OFaatSlam
DESTINATION SIGNS: o Front DSide
ENGINE: 0 No Power 0 Runa Hot 0 Smokes
ExrauoR: DBumpen OWindahield DWindows STEElUNG:
ExrElUOIU o Headllghta OTaU/StopUghta OTumSignala
FAREBOX: o Jammed. o Key Pad o Bill T...naferer
HEAn ~ DRear o Poor Heatins
INTERIOR.: etal 'ver'.Seat DTumSigna" o Pa.-nprSipal
1.JFT: arm 0 lDwer 0 Barrier Down IUp
TIllES: OCordaWom DSideDamap DPreaa.u.re
TRANSMISSION: DShiftinc OLeaka o Slipa
WIPER.S: o Blades W L
RIVER. AR.KS:
-
ir..'l:'IlIlr..-
[] Repaired
MECHANIC'S CoMMENI'S
,
[J Hold for PMI
C
1-\,"-
,.....
Route No.
Bus No.
;!J,J-
m2
Vault No.
I
, $
I
:lI}-
t
},oi
TO,lIIl Mil..
Jd-.IQO
Tollll Revenue
MISe.
NATURE CENTER
1o.J'ack
Tickets
Adults
Juniors
j
TOTAL
CHARTER TIMES
25(
Transfer
Upgrades
36
II
R'-16-9~
DATE
o Soft Ql1Jolay~tarder
o Hot
DDonn'tWork
o Tight lit'ILoose
o Body DomTg;;'(explain)
OTIe-Down OFlooring 0 Raila
o Step. ODoean'tWo.-k
€-
r~-
,
i.b{;
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COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item I J
Meeting Date 8/24/93
ORDINANCE .In,, Ordinance of the city
Council of the City of Chula vista Adding
section 9.50.068 and Amending Various
sections of Chapter 9.50 of the Chula vista
Municipal Code Regarding the Space Rent
Charged in Mobilehome Parks nO.
Community Development Director~
city Manager-1~~~\
ITEM TITLE:
REVIEWED BY:
BACKGROUND
On April 13, 1993, the city Council directed staff to return with
amendments to Chapter 9.50 of the Chula vista Municipal Code
which would allow criminal enforcement of the Chapter.
On April 20, 1993, the Council placed Ordinance #2551 of first
reading and directed staff to convene the Mobilehome Rent Review
commission so that the Commission could review the Ordinance and
take public comment.
At its meeting on April 26, 1993, the Commission voted 4-0 to
recommend approval of Ordinance #2551 to the Council with the
caveat that additional changes could be incorporated into the
Chapter at a later date.
On May 4, 1993, Ordinance #2551 was read for the second time, and
Ordinance #2551 took effect on June 7, 1993.
RECOMMENDATION: That the city Council approve the Ordinance
Adding section 9.50.68 and Amending Various sections of Chapter
9.50 of the Chula vista Municipal Code.
BOARD AND COMMISSION RECOMMENDATIONS: The Mobilehome Rent Review
Commission recommends the proposed amendments to Chapter 9.50.
The additions of sections 9.50.068 and sections 9.50.076 B will
be considered by the Commission on August 19, 1993, and staff
will provide the Council with a verbal report on August 24, 1993.
1/-/
Page 2, Item
Meeting Date
1/
8/24/93
DISCUSSION
After concerns were raised regarding the effectiveness of the
City's existing space rent regulations contained in Chapter 9.50,
Council directed staff to amend Chapter 9.50 so that violations
of the Chapter could be criminally prosecuted. After the initial
revisions were drafted and Ordinance #2551 was read for the first
time, Council directed staff to call a meeting of the Mobilehome
Rent Review commission so that public comment could be taken.
During the public meeting held by the Commission, concerns
regarding Ordinance #2551 were raised by Park Owners and the
Commission. However, the Commission did not wish to forestall
the second reading of Ordinance #2551 so the Commission
recommended the adoption of Ordinance #2551 with the caveat that
it could be amended in the near future. Ordinance #2551 was read
for the second time on May 4, 1993, and the Ordinance took effect
on June 7, 1993.
The attached draft Ordinance, if adopted, would alter Chapter
9.50 of the Chula vista Municipal Code by adding the "clean-up"
changes proposed by the Commission to what was previously adopted
in Ordinance #2551.
Listed below are the proposed changes:
1. The amendment of section 9.50.065 C of the draft
Ordinance would require park owners to notify the Community
Development Department whenever the Park Owner wishes to increase
space rent above the applicable CPI to existing Residents.
This change allows staff to monitor the frequency of
rent increases above the CPI;
2. The amendment of 9.50.067 B allows the outgoing
Mobilehome Resident to negotiate the space rent to be charged to
the incoming Resident.
This amendment was originally suggested by a Park
Owner, and it was endorsed by the Mobilehome Rent Review
Commission;
sections 9.50.067 D-G were inadvertently not included
in Ordinance #2551. This change would make section 9.50.067
consistent with section 9.50.065.
3. Section 9.50.068 A was added to the Chapter in order to
prevent any confusion regarding the CPI figure to be used by Park
Owners for the purposes of increasing space rent.
IJ-j.
~
Page 3, Item
Meeting Date
JJ
8/24/93
section 9.50.068 B was added so that staff could
that Park Owners were using the correct CPI figure when
increasing space rent.
ensure
section 9.50.068 C was added so that potential
residents of any mobilehome park would be aware of their right to
mediate the purchase price of a mobilehome, if the potential
purchaser believes the purchase price of the mobilehome is too
high as a result of rent regulation;
4. section 9.50.070 H was amended to make the Chapter
internally consistent. This change should have been made when
Ordinance #2551 was originally passed;
5. By adding knowinqlv to Section 9.50.075 D, the park
owner would have to "knowingly" demand an improper space rent in
order to constitute a waiver of the space rent demanded;
6. The proposed additions to Section 9.50.075 D and E
allows a tenant to waive the protections in these Subsections, if
the waiver is in the tenant's best interest; and,
7. When the Commission reviewed Ordinance #2551, concerns
were raised regarding section 9.50.076. The current section
allows an incoming Mobilehome Resident to mediate the purchase
price of a mobilehome, if he believes the mobilehome is priced
too high as a result of space rent regulations, but it does not
provide a method for informing incoming Mobilehome Residents of
their right to non-binding mediation. In order to address the
Commission's concern, section 9.50.076 B requires Park Owners to
post the Notice detailed in section 9.50.076 B in a prominent
place in the on-site office.
FISCAL IMPACT: The changes contemplated in the proposed
ordinance will not require any more staff time or costs than is
already required by Chapter 9.50.
IJ--:J /11-'1
ORDINANCE NO.
J5!,"
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADDING SECTION 9.50.068
AND AMENDING VARIOUS SECTIONS OF CHAPTER
9.50 OF THE CHULA VISTA MUNICIPAL CODE
REGARDING THE SPACE RENT CHARGED IN
MOBILEHOME PARKS.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. That Section 9.50.065 of the Chula Vista Municipal Code shall be
amended to read:
9.50.065
Notice of rent increase without change of ownership.
A. In any situation where a mobilehome park owner wishes to increase the space rent
to an existing Resident above the applicable CPI, he or she must first give notice
to affected residents, at the same time the sixty (60) day notice required by Civil
Code Section 798.30 is given, as follows:
NOTICE - RENT INCREASE IN EXCESS OF CPI
IF YOU DO NOT TAKE ACTION TO ARBITRATE WITHIN THIRTY DAYS,
THIS INCREASE SHALL BE AUTOMATICALLY EFFECTIVE
This is a notice of space rent increase which exceeds the percentage increase of
the Consumer Price Index (CPI) for the most recent twelve (12) month period,
as reported by the Bureau of Labor Statistics, preceding this notice. The CPI is
_ % and this increase is _ % of your current rent. Under the City's Municipal
Code, you are entitled to the following rights:
1. I am required to hold a meeting with the residents to discuss the reasons
for the increase. The meeting will be at (time and place). You are
encouraged to attend but are not required to do so. Under the City's
ordinance, owners and residents are encouraged to attempt to resolve
differences regarding this increase.
2. You have the right to file for arbitration with the City's Community
Development Department. You may file for arbitration whether or not
you attend the meeting to discuss the increase. To file for arbitration, you
must place a deposit of $_ with the City's Community Development
Department within thirty (30) days of the date this notice is served on
",
/J'!;1
you. If you do not place the deposit, you forfeit your right to arbitrate the
rent increase.
If you or other affected residents are lower-income (below
$13,000-$15,000 per year), you may be eligible to receive assistance with
part of the cost of arbitration from the City's Community Development
Department. If you have questions regarding arbitration or need more
information, you can call the City at 691-5047.
This increase is in addition to the following allowable pass-throughs:
[identify type and ;amount of major capitol improvement or other
allowable pass-through]
The following space numbers are subject to this increase: [insert numbers
of affected spaces].
B. If the residents within the affected mobilehome park have established a
representative body and notify the owner in writing of its existence, a copy of the
rent increase notice must be sent to the chairperson of that body.
C. A copy of the rent increase notice shall be mailed (return receipt requested) to the
Community Development Department of the City of Chula Vista, 276 Fourth
Avenue. Chula Vista. CA 91910. at the same time as issuance of the notice to
residents.
D. The rent increase notice must contain the space numbers of all residents who are
subject to the increase which is above the amount of the applicable CPI.
E. The notice shall advise recipients that a deposit of 25 % of the cost of arbitration
shall be made within thirty (30) days of the date of service of notice or the right
to arbitration is waived. The deposit shall be made with the Director of
Community Development.
(Ord. _, ~I (part) 1993; Ord. 2451 ~6, 1991; Ord. 2306 ~1 (part), 1989.
Section 2. That Section 9.50.067 of the Chula Vista Municipal Code shall be amended
to read:
9.50.067 Notice of rent increase upon change of ownership.
The review process shall also be applicable to the situation where space rent is
increased above the applicable cpr upon change of ownership of the mobilehome
or removal of the unit. Either the incoming or outgoing owner-occupant shall
August 13, 1993
Page 2
IJ"~
have the right to arbitrate, as provided in this section:
A. Outgoing Mobilehome Resident's Right to Arbitrate. If an outgoing
Mobilehome Resident intends to sell his or her mobilehome, the Owner shall
provide to the outgoing Resident within 15 days of the receipt of a written notice
of intent to sell, a written statement as to the rental rate to be offered to the
incoming Mobilehome Resident, as set forth below in subsection fe) C. If the
rate of increase in rent to the new owner-occupant is above the amount of the
applicable CPI as provided in Section 9.50.070 W A, then the current resident
shall have the right to arbitrate the increase under the provisions of Section
9.50.070. The right is subject to the outgoing resident placing a deposit pursuant
to Section 9.50.070 (B) below, within 30 days of service of the owner's written
statement, as shown in subsection fe) C below, to the outgoing resident.
B. Incoming Mobilehome Resident's Right to Arbitrate. The Owner shall also
provide within 15 days of the B6tiee sf Bille sf II \111ft receivin~ a CODY of a
completed al!:reement for sale of the Mobilehome, a written statement to the
incoming Mobilehome Resident as to (1) the rental rate to be offered to the
incoming Mobilehome Resident, as set forth below in subsection C, below, and
(2) notice as to whether the outgoing Mobilehome Resident completed arbitration
in good faith as to the increase. At such time as an incoming Mobilehome
Resident receives such notice, properly and tftiely truly prepared, then if the
outgoing Resident did not, in good faith, exercise or pursue to completion their
right to arbitrate stated above in subsection A or reach written a.~reement as to
the amount of the space rent for the incominl!: Mobilehome Resident, the
incoming Mobilehome Resident shall have the right to arbitrate the increase under
the provisions of Section 9.50.070. The right is subject to the incoming
Mobilehome Resident placing a deposit pursuant to Section 9.50.070 B, within
30 days of the date on which the incoming Mobilehome Resident receives the
park owner's statement regarding the proposed rental amount as set forth in
subsection C, below.
C. The park owner's statement shall contain the following:
NOTICE - RENT INCREASE IN EXCESS OF CPI
IF YOU DO NOT TAKE ACTION TO ARBITRATE IN A TIMELY
MANNER, THIS INCREASE SHALL BE AUTOMATICALLY
EFFECTIVE UPON THE SALE OF YOUR MOBILEHOME
This is a statement of space rent increase which exceeds the percentage increase
of the Consumer Price Index (CPr) for the twelve (12) month period, as reported
August 13, 1993
Page 3
//-7
by the Bureau of Labor Statistics, preceding this statement. The CPI is % and
this increase is % of your current rent. This increase is in addition to' the
following allowable pass-throughs: [identify type and amount of major capitol
improvement or other allowable pass-through].
Under the City's Municipal Code, the outgoing Resident has the first right to
arbitrate the rental increase, and in the event he or she fails to pursue arbitration
to completion, the incoming Resident is entitled to file for arbitration with the
City's Community Development Department. In order to arbitrate, you must
place an arbitration deposit of $ with the City's Community Development
Department within thirty (30) days of the date this notice is served on you. If
you do not place the deposit, you forfeit your right to arbitrate the rent increase.
If you are low income (below $13,000-15,000 per year), you may be eligible to
receive assistance for part of the cost of arbitration from the City's Community
Development Department. If you have questions regarding arbitration or need
more information, you can call the City at 691-5047.
D. If the residents within the affected mobilehome park have established a
representative bodv and notified the owner in writine: of its existence. a copv
of the rent increase notice must be sent to the chaiJ:person of that bodv.
E. A copv of the rent increase notice shall be mailed (return receiDt requested)
to the Community Development Department of the City of Chula Vista. 276
Fourth Avenue. Chula Vista. CA 91910. at the same time as issuance of the
notice to residents.
F. The rent increase notice must contain the SDace numbers of all residents who
are subiect to the increase which is above the amount of the applicable cpr.
G... The notice shall advise recipients that a deposit of 25 % of the cost of
arbitration shall be made within thirty (30) days of the date of service of
notice or the right to arbitration is waived. The deposit shall be made with
the Director of the Community Development Department.
(Ord. _, ~1 (part) 1993)
Section 3. There is hereby added to the Chula Vista Municipal Code Section
9.50.068 to read:
9.50.068
Notices of CPr. Rent Increases. and Rie:ht to Mediate the Purchase
Price of a Mobilehome
August 13, 1993
Page 4
II"~
A. The is CPI is published twice each year by the Bureau of Labor Statistics.
The Community Development Deoartment shall mail to each Park Owner or
their al1:ent the ap?licable CPI to be used for space rent increases as soon as
the Community Development Department receives the applicable CPI from
the Bureau of Labor Statistics. Park Owners shall use the CPI furnished to
them by the Communitv Develooment Department and mav not deviate from
that CPI until the Park Owner receives written notification from the
Community Development Department that the CPI has chanl1:ed. The Park
Owner shall post. in a prominent place. the notification from the Community
Development Department so that all Residents are aware of the aoolicable
CPI.
B. All notices to Residents to increase soace rent. whether or not the increase is
above the ap'plicable CPI. shall be mailed (return receipt requested) to the
Community Development Department. 276 Fourth Avenue. Chula Vista. CA
91910. at the same time as issuance of the notice to the residents.
C. The Park Owner shall post in a prominent olace. in the on-site office. the Notice
of the Right to Mediate the Purchase Price of Mobilehome provided in Section
9.50.076.
Section 4. That Section 9.50.070 of the Chula Vista Municipal Code shall be
amended to read:
9.50.070
Initiation of Space Rent Review.
A. In any situation where the space rent increases in a twelve (12) month period
exceed cumulatively the percentage increase of the consumer price index, as
reported by the Bureau of Labor Statistics for the most recent twelve (12) month
period preceding the rent increase notice, the following procedures shall apply
unless the owner receives written consent to the increase from the affected
Resident(s). The owner must me the original of the written consent with the
Community Development Department and notify the Resident that this has been
filed.
B. The Resident shall be required within thirty (30) days of the date of service of the
notice of increase to deposit with the City Community Development Department
25 % of the estimated arbitration cost for one day of arbitration. Arbitration shall
begin in not less than 20 days nor more than 30 days after the date of service of
the notice of increase, provided the Resident's deposit has been made.
C. Upon receipt of the Resident's deposit and notification to the park owner, the
August 13, 1993
Page 5
II-q
park owner shall have 7 days to provide a deposit which shall be equal to 75 %
of the estimated cost for one day of arbitration. The park owner shall sign an
appropriate document submitting the dispute to arbitration when making the
deposit.
D. The cost of arbitration including costs incurred by the American Arbitration
Association in cases where a settlement is reached prior to any hearing will be
shared.
The owner shall be responsible for 75 % and the Resident responsible for 25 % of
the first $750. Any costs of arbitration above $750 shall be shared equally by
both parties. Additional costs above the amount of deposit shall be due and
payable subject to the requirements of the American Arbitration Association.
E. The arbitration shall be conducted according to the applicable rules of arbitration
of the American Arbitration Association and under the auspices of the American
Arbitration Association.
F. The decision of the arbitrator shall be advisory to the Mobilehome Rent
Commission. Both parties may waive arbitration throught the American
Arbitration Association, and have their case heard directly by tghe Commission
in the first instance. The arbitrator's decision should be submitted to the
Mobilehome Rent Commission within thirty (30) days from the beginning of
arbitration.
G. The arbitrator's decision shall be submitted to the City's Mobilehome Rent
Commission, which shall affirm, modify, or revoke the arbitrator's decision at
a public hearing held within sixty (60) days following such submission, which
decision shall thereupon be final. The parties may stipulate to merely a review
of the record at arbitration, or either side may request a "denovo" hearing by the
Commission. If a de novo hearing is requested, it shall be conducted in
accordance with procedures adopted by the Commission which satisfy the
requirements of "due process" and will constitute a hearing at which evidence is
required by law, so that the Commission's decision is reviewable by the courts
by a writ of administrative mandamus pursuant to Code of Civil Procedure
Section 1094.5.
H. In the event that the owner reduces the rent increase to the applicable CPI, Elf
mere t:R8fl50% sf the affeerea re3i6eats agree in .'lfitiag te settle the ai5fHite, the
arbitration process automatically terminates.
(Ord. _, ~1 (part) 1993; Ord. 2451 ~7, 1991; Ord. 2227 ~2, 1987).
August 13, 1993
Page 6
J/"'I/J
Section 5. That Section 9.50.075 of the Chula Vista Municipal Code shall be
amended to read:
9.50.075 Fixing of Space Rent
The rent on any particular mobilehome Space shall be fixed as follows:
A. In the event that the tenant and an Owner reach agreement, with or without
the benefit of mediation or arbitration, the rent for the pad shall be fixed at the agreed
upon rent at such time as the agreement is reached unless the agreement otherwise
provides for a different effective date.
B. In the event that the tenant and an Owner do not reach agreement, and the
rent has been established by the Commission according to the procedures herein
established, the rent for the pad shall be fixed at the rental rate so established by the
Commission as of the date of the Commission's decision, unless the Commission shall
fix a different date. However, except where the rent has been waived, or where
Overcharge Damages or Treble Damages are assessed by the Commission, the
Commission may not set the rent lower than the pre-existing rent or higher than the
amount contained in the Notice of Rent Increase in excess of CPI.
C. Unilateral Refusal to Pursue Arbitration. In the event that the tenant or
Owner fail or refuse in good faith to follow the procedure herein fixed for the
establishment of rent, which may include but not be limited to refusal to deposit funds
as required, refusal to attend noticed hearings, then the rent for the pad shall be fixed as
follows:
1. If the tenant has failed or refused in good faith to follow the
procedures herein fixed for the establishment of rent, then the rent shall
be fixed at the rental rate contained in the Notice of Rent Increase in
Excess of CPI.
2. If the Owner has failed or refused in good faith to follow the
procedures herein fixed for the establishment of rent, then the rent shall
be fixed at original rental rate not increased by either the CPI or the
amount contained in the Notice of Rent Increase in Excess of CPI.
D. Waiver of Fixed Rent. Notwithstanding the aforementioned manner in which
the rent shall be fixed, a refusal or failure, accompanied with the knowinllJv improper
assertion that a greater rental is due by the Owner or his or her agent, to accept a rent
payment from a Resident in an amount which is equal to or greater than the rent fixed
by Subsections A, B or C of this Section shall constitute a waiver by the Owner of the
August 13, 1993
Page 7
1)--11
right to collect said rent, in its entirety, for the rental period for which the rent was
refused, unless the tenant consents. in writing. to waive the orotections of the Subsection.
E. Waiver of Rent for Failure to Institute Legal Action. Notwithstanding the
aforementioned manner in which the rent shall be fixed, a failure to institute legal action
within 90 days after a rental payment is due shall constitute a waiver by the Owner of
the right to collect said rent, in its entirety, for the rental period sooner than 90 days
prior to institution of action, unless the tenant consents. in writinl!. to waive the
protections of this Subsection.
(Ord. , ~1 (part) 1993)
Section 6. That Section 9.50.076 of the Chula Vista Municipal Code shall be
amended to read as follows:
9.50.076. Right to Mediate Mobilehome Resale Price.
A. In line with the purpose of this Chapter to maintain a supply of affordable
housing in the mobilehome market, it is the goal and objective of the City that an
outgoing Resident should not be able to command, due to limited Mobilehome Space
availability, a higher price for a Mobilehome upon sale due to the fact that the space rent
is regulated by the provisions of this Chapter. However, the Council finds that the extent
and prevalence of overcharging for Mobilehomes is not so significant a problem in Chula
Vista, and that it has little, if any, significant effect on the supply of affordable housing
in the City of Chula Vista, to require Mobilehome resale price regulation by the City.
The Council feels that this is due, in part, to permiting CPI increases in rents without
review. However, on a case-by-case basis, there may be isolated occurances of
overcharging for Mobilehomes due to space rent regulation, and in such event, any
abuses can be adequately addressed by the mediation offered by this section. The
Council further finds that if, after time, it appears that the mediation process offered by
this Section is inadequate to address the problem, it may reconsider more stringent
control over Mobilehome overcharging.
B. The Park Owner shall oost the followinl! notice in a orominent place. in the
on-site office:
NOTICE OF THE RIGHT TO MEDIATE THE
PURCHASE PRICE OF MOBILEHOME
In addition to the right to arbitrate an increase in soace rent above the
August 13, 1993
Page 8
J I"/~
applicable CPr. a potential ourchaser of a mobilehome has the right to
mediate the ourchase mice of a mobilehome. if vou contend that the
purchase mice is higher because of soace rent rel!ulation. then the purchase
price mil!ht ordinarv be without space rent rel!ulation.
In order to submit the purchase price dispute. based solelv on the grounds
than the purchase price is more than would ordinarily be without space
rent regulation. between vourself and your potential seller to the Chula
Vista Mobilehome Rent Review Commission for non-bindinl! mediation
your must:
.1. Extend an offer to purchase the mobilehome. but not
execute an agreement to purchase:
2. Sil!n and file with the Community Development
Director the form requesting mediation prior to
executinl! a purchase agreement: and.
;h Particioate in the mediation orocess provided by the
Mobilehome Rent Review Commission.
B C. If, prior to executing a Mobilehome purchase agreement, the incoming
Resident contends that the price at which the Mobilehome is offered by the outgoing
Resident is higher because of space rent regulation than the price of the Mobilehome
without space rent regulation, the incoming Resident has the right, upon tender to the
seller of an offer to purchase the Mobilehome at a price acceptable to the incoming
Resident, to submit the price dispute to the Mobilehome Rent Review Commission for
mediation.
G D. Upon submittal of the price dispute to the Mobilehome Rent Review
Commission by the incoming Resident, the Commission shall convene as soon as possible
to hear the dispute, not sooner than 10 days notice to the buyer and seller of the time and
place at which the mediation shall occur. If the Seller fails to appear, the Commission
should hear the complaint and evidence of the incoming resident for the purpose of
creating a record of such abuses, if any. However, the Commission shall have no power
to set the resale price of a Mobilehome with or without the presence of the parties. If
the parties fail to mediate, or fail to agree in mediation, the offer to purchase shall be
deemed revoked.
D. The purpose of the mediation, and the sole jurisdiction of the Commission in
the mediation, is to get the parties to agree, if possible, to a price which reflects the
value of the Mobilehome as if the space rents in the park were not regulated by this
August 13, 1993
Page 9
1/./ :1
Chapter.
(Ord. _, ~1 (part) 1993)
Section 7. That Section 9.50.078 of the Chula Vista Municipal Code be amended
to read:
9.50.078. Criminal Acts
The following acts shall constitute a criminal violation of this Chapter, including
the Owner of a Park if done by an Owner's agent with the knowledge or consent of the
Owner:
A. Knowingly demanding, accepting or retaining any rent in excess of the
amount fixed by this Chapter, including the demanding of rent waived under the
provisions of Subsection C of Section 9.50.075, exceDt that demands for annual
increases in rent and ne!!otiations for rent permitted under 9.50.067 B shall not
be deemed illegal.
B. Knowingly commencing, or threatening to commence, or maintaining an
eviction or unlawful detainer proceeding against a Resident for the failure to pay
a rent in excess of the amount fixed by this Chapter.
(Ord. _, ~1 (part) 1993)
bY:J
pres~ed bYS
~ J~/
Chris Salomone
Community Development Director
Bruce M. Boogaard
City Attorney
August 13, 1993
Page 10
II-I"!
COUNCIL AGENDA STATEMENT
b)
Item 1.2-
Meeting Date 8/24/93
Resolution 17.:1.;1P Approving a contract with EBP, Inc. for
consultant services related to the Border Environmental Commerce Zone
(BECZ)
Resolution 17.2.3 J Approving a contract with KSK & Associates
for services related to BECZ
Community Development Director C ,5 .
Deputy City Manager ~
City Manager..J 4 ~ :..----::
(4/5ths Vote: Yes_No X )
ITEM TITLE:
a)
SUBMITTED BY:
REVIEWED BY:
BACKGROUND: On January 12, 1993 the City Council created a task force to identify ways to attract
environmentally sensitive business to Chula Vista. Councilman Bob Fox serves as task force chairman.
On May 11, 1993 Council adopted the task force's recommendations as outlined in the attached BECZ
White Paper (Item A). Since that time, staff in conjunction with Chairman Fox, have been pursuing
a wide-range of activities to implement the BECZ program.
On May 18, 1993, Council appropriated $100,000 in CDBG funds to hire a BECZ Executive Director
to begin implementing the program. Of the $100,000, $50,000 was approved for immediate
expenditure, with the remaining $50,000 to be available upon receipt of $150,000 in matching funds
from public and/or private sources. The two proposed consulting contracts would utilize a total of
$20,000 of the approved CDBG funds to expedite implementation of the program (with potential
extension of each contract subject to Council approval). The consultants would undertake tasks that are
time sensitive, in essence assuming the role of interim co-executive directors. The consulting services
would generally provide the following: 1) a refined BECZ business/strategic plan and, 2) focused
pursuit of state and federal funds.
RECOMMENDATION: That Council consider and adopt the following: a) Resolution approving a
contract with Environmental Business Partners, Inc. (EBP) to develop a strategic plan/implementation
strategy for the BECZ; and b) Resolution approving a contract with KSK & Associates to pursue state
and federal funds, including legislative action as needed.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
1. GOALS OF BECZ
The goals of the proposed BECZ include: 1) encouraging the start up and expansion of
environmental businesses (as defined in Section III of the May 11 White Paper), thereby creating
I~"I
Page 2, Item I.).
Meeting Date 8/24/93
jobs; 2) facilitating conversion from a defense-dependent economy to an economy that benefits
from high-growth industries of the future; 3) recruiting "clean industry" to the South Bay; and
4) encouraging border area clean-up.
II. BECZ PROGRAM ELEMENTS
The BECZ proposes 3 key programs: 1) the establishment of an Environmental Technology
Resource Center (ETRC); 2) the development of one or more environmental incubator facilities,
and 3) the creation of a system of tiered incentives for qualifying businesses located within the
zone.
The ETRC is currently envisioned to be located at Southwestern College in conjunction with the
Small Business Development/International Trade Center, and to interface with the City of San
Diego's proposed High Tech Center as well as other supporting resources, including but not
limited to the Center for Applied Competitive Technologies (CACT) at San Diego City College,
San Diego Supercomputer Center, UCSD, SDSU, CalEPA and the California Trade and
Commerce Agency. It is critical that the City move forward quickly to define the ETRC's
proposed structure and delivery mechanisms and to solidifY public/private partnerships and
general relationships essential to pursuing support andfunding. Timeliness is important due to
on-going coordination efforts with the state and the City of San Diego pertaining to existing and
future federal funding applications.
Regarding the incubator component, City staff are currently discussing incubator program
possibilities with groups including the High Tech Foundation and the California Incubator
Business Network. Again, we need to move ahead to refine proposed structure, management
and partnership characteristics to position ourselves for funding opportunities.
Finally, the proposed Incentive Program needs to be outlined in terms of the most desirable
types of incentives - as identified by potential participant companies - and strategies need to be
developed to pursue legislative authority and funding sources as appropriate.
III. BECZ ADMINISTRATION AND FUNDING
The proposed BECZ is based upon a regional alliance of the cities of Chula Vista, Imperial
Beach, National City, and San Diego (and possibly Lemon Grove and Coronado) as well as San
Diego County (see map, Exhibit D of White Paper). This regional alliance is vital to securing
state and federal support. A Joint Powers Authority (JPA) is being proposed to provide a
vehicle for regional cooperation. To-date, the Cities of Imperial Beach and National City and
the County of San Diego have officially endorsed the BECZ in concent and have indicated their
intent to join the JP A, subject to clarifYing administrative and fiscal roles and responsibilities.
The remaining cities are calendaring our request for support in the future. In order to secure
a commitment of participation by the proposed jurisdictions, it is essential that we begin the
process of laying out specific recommendations for the structuring of the lPA, the BECZ non-
profit administering organization, related advisory councils, and staffing as part of a
comprehensive business plan. It is equally critical that we begin to solidifY needed linkages with
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ETRC and incubator technical service providers (as mentioned above), as well as with potential
participating private companies - both in terms of private sector funding and as prospective
clientele.
All of these administrative and functional elements need to be quickly laid out in order to: 1)
have a "real" program to "sell" to the proposed IPA members and to public and private funding
sources, and 2) maintain our current advantage of a leadership position (in terms of political
and financial support).
Finally, it is highly recommended that we move rapidly to identify potential funding sources and
legislative vehicles beyond those already targeted, in order to capitalize upon existing BECZ
momentum and to enhance our chances of integrating our proposed program into state and/or
federal opportunities currently emerging from both the Clinton and Wilson administrations.
IV. PROGRESS TO DATE
Significant progress has been made to date by Chairman Fox, the Task Force, and staff. Key
highlights include:
. Support from numerous state and federal legislators.
. Submission of AB 1615, authored by Assemblyman Tom Bates, authorizing the
creation of state environmental business development zones.
. Endorsements by numerous economic development/business environmental and
labor groups; by the cities ofImperial Beach and National City, and San Diego
County; and by Congressman Pilner
. Inclusion in the State of California's application to the federal government for
Technology Reinvestment Project (TRP) funds - for the ETRC
. Application by the High Tech Foundation for TRP funds for an Environmental
Incubator as part of the BECZ.
. Meetings/dialogue with the Federal Department of Commerce regarding
integrating the BECZ into proposed federal legislation.
A detailed progress report has been attached as Item B.
V. FUTURE ACTION NEEDED: PROPOSED CONTRACTUAL SERVICES
It should be clear that the proposed BECZ program is a bold, broad-reaching, and ambitious
proposal that demands extensive staff time and city resources over both the short and long term
to achieve success. However, the potential rewards include placing Chula Vista and the South
Bay at the state and/or national forefront of environmental technology R&D, environmental
business assistance, border-oriented clean-up, and environmental trade, all of which potentially
translate to job creation and an enhanced local economy.
Consultant support is needed to augment staffs efforts to build alliances, refine the BECZ's
administrative structure and business plan strategies, and to seek public and private funds. As
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certain Council members have expressed concern regarding the level of staff support needed for
the BECZ program, it should be noted that two staff members are currently devoting significant
time to the project and that with the project's development, workload is expected to continue to
grow.
The two proposed contracts (see attached) are intended to provide immediate assistance due to
the time constraints previously discussed. Again, it is felt that time is of the essence in order
to leverage existing momentum and to capitalize on state and federal initiatives.
Each contract is proposed for a two month period and identifies a timeline for desired
accomplishments within that period. Each contract also allows monthly renewals as
recommended by staff and only as approved by Council.
The unique capabilities of each firm and their respective scope of services are described below.
Environmental Business Partners CEBP)
The EBP team brings a unique blend of experience, talent, knowledge and industry contacts.
The team includes:
J. Stewart Borie - Managing Principal of EBP; environmental business founder
in the Urban Enterprise Zone of North Philadelphia, in conjunction with The Ben
Franklin Partnership; Environmental Technology Center Advisory Board
Member; Partner in Intellectics, Inc.
Grant Ferrier - Publisher of the Environmental Business Journal (EBJ); Board
Member-California Environmental Technology Partnership; Co-Chair of the
Western Governor's Association environmental technology commercialization
committee. Will provide access to environmental technology agencies and
association contacts.
Daniel W. Noble - Research Director of EBI. Will provide environmental
market intelligence, industry contacts and business plan review.
Brian A. Runkel - Former Deputy Secretary of the CalEP A and Chief of Staff,
Office of Enforcement, US EPA. Will provide regulatory overview,
environmental agency insight and key state and federal agency contacts.
The team brings unique capabilities including:
. Environmental technology market research and technical knowledge.
. Proprietary databases of public and private environmental companies.
. Experience with environmental industry venture capital and corporate finance.
. Environmental industry consulting expertise.
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. Key public and private contacts including membership on California Environmental
Technology Partnership working groups and WGA.
. Experience with forming environmental companies.
. Experience on No. Philadelphia Enterprise Zone Board and numerous environmental
advisory committees to local government.
. Experience with incubator funding.
Note that Mr. Noble and Mr. Borie of EBP participated on the BECZ Task Force which
sunsetted in July 1993. On May 11, 1993, the Task Force recommended that Council support
an application for CDBG funds for a full-time BECZ Coordinator. In light of EBP's Task Force
participation and this proposed contract with the City, they have offered to refrain from applying
for or being awarded the BECZ Coordinator position; this is so stipulated in the contract.
Further, the recommendation to contract for Interim Director services is being made by staff
without input from the Task Force. Staff initiated contact with EBP regarding the proposed
contract due to their unique expertise and the urgent need for services.
The time sensitivity issue is discussed under Sections II, III and VI, "Required Timeframes".
In terms of the firm's unique expertise, it is important to note that in addition to the talents and
experience listed above, EBP is a "joint venture" team comprised of:
. New Cap Partners - provides financial/investment banking advisory services for the
environmental and high tech industry, and related business data services,
. Environmental Business International (EBI) - provides environmental business research;
publisher of the Environmental Business Journal, the only environmental business
journal/environmental business research company in the United States; and
. Intellectics - provides strategic marketing, management and planning services to broad
range of business.
In terms of Scope of Services, EBP will accomplish the following within the 8-week contract:
1. Prepare detailed Business/Strategic Plan, including:
. "Asset inventory": EBP will identify key BECZ "players" that should be part of
the strategic plan, including targeted public and private supporters; BECZ
technical service providers; important public and private linkages; and technical
resources.
. Proposed organizational structure of JP A, Nonprofit Agency, and Advisory
Councils (including roles and membership criteria) and staffing.
. Proposed administrative structure of Environmental Technology Resource Center
and Environmental Incubator.
. Recommended BECZ incentives (tiered to meet industry needs) and approaches
to providing them.
. Budget recommendations.
2. Facilitate technology and other strategic alliances. EBP will bring players identified in
Asset Inventory to the table (e.g. the Center for Applied Competitive Technologies
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Meeting Date 8/24/93
(CACT), Supercomputer Center, federal labs, CalEP A, etc.) and assist staff to the extent
possible to secure their participation.
3. Identify and solicit "model participant companies". These companies would help identify
desirable tiered incentives which the BECZ should seek to make available, and would
serve as models for the zone's "target clients. "
4. Pursue funds, with an emphasis on private sources (e.g. corporations, banks,
foundations, venture capital). The goal is to attract $150,000 during the two month
period (and to identify sources for $250,000 to $1 million during any subsequent contract
renewals). Note that EBP will be charged with soliciting private environmental industry
dollars, to be differentiated from KSK which will be targeting state and federal dollars.
Note that EBP's agreement and qualifications are attached as Items C and D respectively.
KSK & Associates
Kathleen S. Krause, owner of KSK & Associates, specializes in business promotion, and
governmental relations and has in-depth experience with the environmental industry. Her
experience within both the economic development/business incentive legislative arena and with
the environmental industry uniquely qualifies her to pursue state and federal funding sources for
the BECZ, as illustrated by the following credentials:
. International Trade Specialist for California Commission on Economic Development.
. Consultant to Assembly Committee on International Trade and Committee on Economic
Development and New Technologies.
. Drafted successful legislation to retain high technology firms.
. Authored reports for California Commission on Economic Development assessing global
business opportunities for California's environmental businesses and examined federal
and international funding for environmental industry.
. Worked with California Energy Commission to promote California environmental
businesses to Czech Ministry of the Environment.
. Serves on Governor Wilson's. California Environmental Technologies Partnership
In terms of Scope of Services, the KSK contract has two primary goals: I) to pursue prioritized
funding, and 2) to secure preliminary commitments of funding and support. The following tasks
will be undertaken within the two month contract period:
I. Identify and target state and federal funding sources (as differentiated from EBP which
will target private environmental industry sources).
2. Set up meetings with state and federal elected officials and their staffs and work with
them to pursue funding.
3. Identify state and federal funding/legislative proposals which can be amended to provide
funding mechanisms for the BECZ.
4. Work with selected legislators and staff to draft language to benefit the BECZ.
5. Contact Washington-based consultants/organizations with which Ms. Krause has worked
(including Delphos International and the Environmental Training Institute).
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Meeting Date 8/24/93
6. Make one three-day trip to Washington D.C. to meet with key government and private
sector contacts whose personal assistance could be key to channeling funds to the BECZ.
7. Identify a list of possible grant sources and draft proposals for two of these (with staff
help).
8. Recommend follow-up activities/strategies for staff.
Note that KSK's agreement and qualifications are attached as Items E and F respectively.
VI. CONSULTING SERVICES - CITY POLICY
The proposed contracts are consistent with City policy as discussed below.
. Council Approval:
While these contracts are being presented to Council for your consideration, City Policy
does not require Council's approval. Approval is required for individual contracts over
$25.000. Each of these contracts is for $10.000 (with a potential monthly extension if
approved by Council) and therefore could be approved administratively.
. Advertisement:
Individual contracts in excess of $10,000 are required to be advertised. Therefore, the
proposed contracts are not subject to this requirement and accordingly, no formal RFP
was issued. Further, it was felt that each contractor brings a unique set of experience and
expertise to the respective set of needs (as discussed in Section V above).
. Cost Comparison:
Contracts over $5,000 are subject to an evaluation of in-house consultant costs. Such an
evaluation has been made and is summarized below in terms of the policy's criteria.
1. Existinv: Staff Expertise
The proposed contracts are needed to augment existing staff expertise. EBP
brings unique expertise in terms of access to and knowledge of the environmental
industry and related financing needs and mechanisms, as well as linkages to
important state agencies and commissions, and experience with similar programs
in other states. KSK brings specific expertise in terms of environmental and
economic development related state and federal funding source identification and
key personal contacts.
2. Required Timeframes
Time is of the essence in terms of both contracts; and the two contractual services
are mutually dependent. Essentially, a refined strategic plan with specified
administrative structures, delivery systems/players and incentive programs is
required to achieve regional support - and regional support is needed to
successfully obtain state and federal support and/or funding. In turn, state and
federal funding sources must be identified in order to receive regional support.
Additionally, Chula Vista's BECZ currently has a level of momentum going for
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Page 8, Item J).
Meeting Date 8/24/93
it which could easily dissipate without further near-term "successes" and we could
jeopardize our leadership position if we don't "stay out ahead" of other similar
efforts in California.
Two staff members are currently contributing significant time to the BECZ
project. The proposed tasks, therefore, cannot be absorbed by existing staff.
3. Cost Effectiveness
The proposed contracts would be cost effective due to: a) the uniaue expertise
and resources of each firm; and b) the lack of internal staff time which is already
significantly impacted by on-going and related BECZ activities.
(Note: Given the negligible risk to the City of the proposed contracts in terms of potential "error and
omissions", staff is recommending with the concurrence of the Risk Manager, that this insurance
requirement be waived.)
FISCAL IMPACT: Each of the proposed contracts are recommended for a two month period, at
$5,000 per month, totalling $20,000. Each contract could be renewed monthly but only upon
recommendation by staff and approval by Council.' In any case, the total cost could not exceed $50,000
as previously approved by Council from CDBG planning funds. Fiscal impacts include significant staff
time necessary to support and coordinate with the contracted services. Additionally, both contracts will
result in action plans requiring further substantial staff resources to implement.
Note that for each contract the City Manager is authorized to approve the first month's payment of
$5,000, as well as $3,000 of the second month's payment. The balance of the $2,000 will be withheld
as a retainer subject acceptance of the final work products by staff and Council.
Items:
J A)
_ B)
\' C)
D)
~ E)
F)
BECZ White Paper, May 11, 1993
BECZ Progress Report (Note: Progress Report includes Attachments A-D)
EBP Agreement (Note: Contract inc]ude~its own Attachment A and Exhibit A)
EBP Qualifications
KSK Agreement (Note: Contract includes its own Attachment A and Exhibit A)
KSK Qualifications (Note: Contract includes its own Attachment A and Exhibit A) NOTSCANNii
WPC F:\home\conundev\BECZ.113
) "" .. i"
RESOLUTION /?.J:1 /?
RESOLUTION OF THE COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A CONTRACT WITH EBP, INC. FOR
CONSULTANT SERVICES RELATED TO THE BORDER
ENVIRONMENTAL COMMERCE ZONE (BECZ)
WHEREAS, the Chula Vista City Council created a Task Force to identify ways to
attract environmentally sound businesses to Chula Vista; and
WHEREAS, on May 11, 1993 Council approved the Task Force's recommendations
including a recommendation to hire a BECZ Executive Director, and
WHEREAS, on May 18, 1993 Council appropriated $100,000 in CDBG funds to hire
the BECZ Director; and
WHEREAS, the BECZ program is in immediate need of services to refine the BECZ
Business/Strategic Plan and to identify and secure BECZ technical and financial alliances in
order to secure regional support and to quickly position the program for near term funding
opportunities; and
WHEREAS, the firm of Environmental Business Partners, Inc. has established a team
bringing a unique set of expertise to carry out these needed services, in a timely manner, and
is proposed to act as interim co-executive director for the BECZ.
NOW, THEREFORE, the Chula Vista City Council does hereby find, order, determine
and resolve to contract with EBP, Inc. to develop a business plan/implementation strategy for
the BECZ within an 8 week period (with possible contract extension for additional services only
as requested by staff and approved by Council) and to pay $10,000 for sue ervices from the
CDBG funds as currently appropriated for the BECZ project
~~~
Chris Salomone
Director of Community Development
4
Bruce M. Boogaard
City Attorney
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1.1~ ~/
RESOLUTION J., ~ 3 J
RESOLUTION OF THE COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A CONTRACT WITH KSK AND
ASSOCIATES FOR CONSULTANT SERVICES RELATED TO
THE BORDER ENVIRONMENTAL COMMERCE ZONE
(BECZ)
WHEREAS, the Chula Vista City Council created a Task Force to identify ways to
attract environmentally sound businesses to Chula Vista; and
WHEREAS, on May 11, 1993 Council approved the Task Force's recommendations
including a recommendation to hire a BECZ Executive Director, and
WHEREAS, on May 18, 1993 Council appropriated $100,000 in CDBG funds to hire
the BECZ Director; and
WHEREAS, the BECZ program is in immediate need of services to identify and
prioritize potential state and federal funding sources and to pursue such sources, in order to
secure public and private program support and to capitalize upon short term funding and
legislative opportunities; and
WHEREAS, the firm of KSK and Associates is proposed to carry out these needed
services in a timely manner, based upon the firm's references and track record, and is proposed
to act as interim co-executive director for the BECZ.
NOW, THEREFORE, the Chula Vista City Council does hereby find, order, determine
and resolve to contract with KSK & Associates to target likely state and federal revenue sources
and potential legislative vehicles, and to actively pursue funding and legislative opportunities
within an 8 week period (with possible contract extension for additional services only as
requested by staff and approved by Council) and to pay $10,000 for such services from the
CDBG funds as currently appropriated for the BECZ project.
~~
Chris Salomone
Director of Community Development
11
J)
"Bruce M. Boogaard
City Attorney
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J:1.8'" I
Jj-~ )~
ITEM "A"
CALIFORNIA
BORDER ENVIRONMENTAL COMMERCE ZONE
(BECZ)
WHITE PAPER
Prepared by the Chula Vista Environmental Zone Task Force
Adopted by the Chula Vista City Council
May 11, 1993
~14-'/1J. ./0
:f!!il~;~g~;liligfl1~Rgl1yJlf/;[~w/iiKl
BORDER ENVIRONMENTAL COMMERCE ZONE (BECZ)
CITY OF CHULA VISTA WtllTJ<.: PAPER
Introduction
On January 12, 1993, the City Council of the City of Chula Vista, California created a 14-
member Task Force to identify ways of attracting "environmentally sound" businesses to Chula
Vista. On February 9, fourteen individuals were ratified as Task Force members. Members
were selected to represent the business community, environmental organizations, .non-profit
community groups, educational institutions, and governmental entities (see Exhibit A).
Councilman Bob Fox was selected as Task Force chairman.
The Chula Vista Council charged the Task Force with encouraging environmentally sound
businesses to develop within a local incentive zone, and proposed two key concepts: 1) the
creation of state and local incentives for qualifying environmental businesses, and 2) the creation
of an incubator program to "grow" start-up environmental businesses.
The first meeting of the Task Force was held on February 26, 1993. Subsequently, two working
groups were formed to focus on: 1) business incentive programs, and 2) eligibility criteria. The
Business Incentive Working Group brought in additional community resource people representing
such groups as the San Diego Bankers' CDC, the Small Business Financial Corporation CDC,
the City of San Diego Economic Development Department/Enterprise Zone/Recycling Zone, the
California Trade & Commerce Agency, and Bond Counsel (see Exhibit B).
On April 30, 1993 the Task Force adopted a concept paper outlining a Border Environmental
Commerce Zone - a regional program designed to: 1) create jobs; 2) encourage environmentally
sensitive businesses to. locate in the South Bay; and 3) encourage environmental-related
international trade and clean-up. This "white paper" was approved by the Chula Vista City
Council on May 11, 1993.
Currently, Chula Vista officials are meeting with officials from the proposed BECZ participating
municipalities, as well as state and federal representatives to implement the BECZ program.
The success of the program lies in a strong partnership of local, regional, state, federal and
private entities, each of whom shares a stake in the BECZ's goals of insuring a stronger and
forward thinking California economy.
(SS/Cheryl/Disk#3/BECZzone.doc)
~ /;.-1/
"
ElitI411'j~I.:ilflifi.fLmJJII
BORDER ENVIRONMENTAL COMMERCE ZONE (BECZ).
WHITE PAPER
This paper outlines the proposed Border Environmental Commerce Zone (BECZ) as envisioned by the
Chula Vista Environmental Zone Task Force and as approved by the Chula Vista City Council on May
11, 1993.
I. BORDER ENVIRONMENTAL COMMERCE ZONE (BECZ) GOALS
A. SUPPORT ENVIRONMENTAL BUSINESS AND JOB CREATION
The proposed BECZ will be designed to assist environmental technologies/services and thus
strengthen an emerging, high-growth-potential economic base (see "Future of Environmental
Industries," Exhibit C). More specifically, the BECZ is intended to create an environment in
which innovative, minimal-impact processes and/or end-use products can be developed and
utilized to help clean our air, water and land by providing incentives for companies that
manufacture products or provide services that are environmentally beneficial, in a manner that
is environmentally friendly.
B. SUPPORT DEFENSE CONVERSION EFFORTS
The BECZ program directly supports and complements state and local efforts to mitigate the
impacts of reduced defense spending upon the San Diego region and therefore to improve
employment opportunities. It will do this by assisting small and start-up businesses, many of
whom will be able to apply military based technology to commercial environmental applications.
BECZ programs will also assist job growth through incentivized business expansion and export
of U.S. based environmental technologies, goods and services.
C. ENCOURAGE BORDER-ORIENTED COMMERCE AND CLEAN-UP
The BECZ is envisioned to address the need to attract both "clean" industries and "clean-up"
technologies to the U.S./Mexico border area to meet the growing demand for these technologies
and services on both sides of the border. (Demand would likely be further heightened by
approval of the pending North American Free Trade Agreement)
D. IMPLEMENT A STATE-DESIGNATED PILOT PROGRAM
Finally, the BECZ is envisioned as a "testing ground" for a partnership of local, regional, state
and federal entities to join together in a DemonstratioQ or "Pilot" Program. Based upon the Pilot
Program's experience, the program can be modified and replicated throughout the state. The
Zone will bring the entities of Chu1a Vista, City of San Diego, County of San Diego, Imperial
Beach, and National City together in a border-oriented., regional approach which utilizes local
incentives and resources as well as state-enabling legislation and resources. BECZ initiatives will
support existing and proposed state economic development and environmental technology related
efforts, including the California Enterprise Zone and Recycling Zone Programs (already operating
in San Diego County) and the state's CalEPA Environmental Technology Partnership Program,
and will support national efforts such as economic conversion/technology transfer programs.
ll~ /;)-0 .
~' Pai!el
IL BORDER ENVIRONMENTAL COMMERCE ZONE (BECZ) OBJECTIVES
In order to accomplish the above goals, the BECZ will encourage:
. Research and development of innovative environmental technology. .
. Commercialization of new environmental teChnology.
. Start up of environmentally sound businesses.
. Export of U.S.-based environmental technologies, goods and services.
. Attraction and expansion of environmentally sound businesses having a significant
economic impacL
A variety of assistance programs will be offered within the Zone in order to achieve its goals and
objectives.
III. QUALIFYING INDUSTRIES
The criteria established in this section determine a business' eligibility for BECZ assistance and
incentives. Types of eligible businesses include "producers", "users", or "service providers", as
defined below.
. Producer - A company which innovates, develops or manufactures an environmentally-
sound product for one of the categories under Section B.
. . User ~ Any business which uses environmentally sound technology, defined as technology
that goes above and beyond the required control technologies.
. Service Provider - Any business which provides services which are intended to prevent,
decrease, control, mitigate, detect or monitor pollution.
A; CRITERIA LEVEL I (ENVIRONMENTAL FACTORS)
A qualifying business MUST:
1. Demonstrate that it utilizes the highest level of .pollution prevention
technology/processes with a zero discharge goal. For those that do not use control
technology, a qualifying business must demonstrate that it strives for minimal
depletion of the natural resources it uses.
2. Achieve a threshold score on an Environmental Audit measuring environmental
impacts. Audit criteria will include, but not be limited to such factors as:
a) Historical environmental compliance record
b) Projected measurement of discharge to air, land and water
c) Storage and utilization of chemicals
d) Projected environmental contribution of product
e) Production process
f) Air Pollution Emission requirements:
~ /:2-/1
Page 2
(1) Compliance with one of the following measure~ - if the company
is subject to the Air Pollution Control District's' New Source
Review requirements: .
. Best Available Control Technology
. Reasonable Available Control Technology
(2) Participation in the Suite-mandated Permit Assistance Program - if
the company meets the Small Business Permit Assistance definition
of "small business"': .
g) Performance of a Health Risk Assessment - if required by the APCD under
the Toxic Hot Spots Program:
3. Meet minimum economic viability criteria.
A qualifying business MUST NOT:
1. Import or collect, for the primary purpose of disposal and/or transport. of toxic,
hazardous or radioactive wastes. Non-catalytic thermal destruction technologies
would not qualify. The Zone is not intended to encourage off-site treatment,
storage, disposal or recycling (TSDR).
B. CRITERIA LEVEL 2 (CATEGORIES OF ELIGIBLE BUSINESS)
A qualifying business must fall into one of the following categories:
1. research, development and manufacturing of pollution control equipment
2. technologies or strategies that prevent pollution or decrease waste generation AND
emit small amounts of pollutants in the production phase
3. businesses producing products or processes promoting the conservation of natural
resources, such as water reclamation and sewage treatment technologies
4. development of alternative energy/fuel sources
5. pesticide and herbicide alternatives
6. non-poirit source treatment technologies . . - - - -.-
7. industries utilizing innovative low emission technologies
8. a business that exports products or services using environmentally-sound
technology
9. consultant services
C. CRITERIA LEVEL 3 (NON-QUALIFYING BUSINESS/REAPPLICATION)
A non-qualifying business may consult with the Environmental Technology Resource Center
(ETRC) in order to identify methods to successfully achieve compliance with Zone' eligibility
criteria (i.e.: addition of pollution control technology, reduction of waste stream discharge,
conversion to toxic-free processes, etc.). The company may subsequently reapply and be eligible
for BECZ incentives.
.
deCmed as a business which employs less than 100 people and/or whicb emits' ::':.r a year of any 1 pollutant and less than 20 toos per year of aU
poll",,"" rl /.:2-- /'/5
D. CRITERIA LEVEL 4 (TRAINING REQUIREMENT)
The BECZ will become a leader in environmental education and awareness in Southern California
for the business community. The Center will accomplish this through the involvement of all
participants in the zone, through their attendance at educational seminars and/or through their
donation of technical expertise to educational programs. The Environmental Education program
will tap state-of-the-art pollution prevention and control methods, leading-edge applications of
new technologies, and multi-national environmental management approaches.
E. CRITERIA LEVELS (ON-GOING COMPLIANCE)
Businesses receiving BECZ incentives obligate themselves to comply with BECZ goals and
eligibility. criteria and State laws and regulations during the period of assistance. Noncomplying
businesses will be subject to penalties.
Violations of state law include: a)willful intent to violate an emission standard; b) violation of
an emission standard through negligence; or c) administrative violations. Zone penalties will vary
based upon the nature of the violation(s), per types a, band c.
IV. BORDER ENVIRONMENTAL COMMERCE ZONE BOUNDARIES
The BECZ is proposed to include the City of Chula Vista, portions of the City of San Diego,
portions of the unincorporated County of San Diego and the Cities of National City, Imperial
Beach and Lemon Grove. The City of Coronado may also be included (see Exhibit D).
Basically, the BECZ is bordered by the United States-Mexico border to the south, the coastline
to the west, 2 miles to the north of State Route 94 and 2 miles to the east of future State Route
125. The Zone includes three major transit routes - 1-5, SR 94 and future SR 125 - to provide
businesses with convenient access to the Southern California freeway system and the international
border.
V. BUSINESS ASSISTANCE PROGRAMS.
As mentioned above, the BECZ is envisioned to offer a range of assistance, including technical
assistance, and financial incentives tiered to correspond to both the individual company's risk
factor and its potential economic impact - with more generous incentives available to low risk,
high impact businesses.
Structurally, the zone is proposed to offer various types of assistance via the following delivery
systems:
+ Joint Powers Authority covering the jurisdictions included within the Zone.
+ Non-profit Agency with non-profit and/or for-profit subsidiaries to include an
Environmental Research Center/lncubator Program
+ State tax. credits .and/or other State-authorized incentives
+ Participating Local governments' incentives (including Redevelopment Agencies)
+ Potential Federal incentives
~/,2--/~'
Pa~e 4
A. eNVIRONMENTAL TECHNOLOGY RESOl!RCE CENTF;RlINCUBATOR
PROGRAM
1. Environmental TeChnology Resource Center (ETRC)
An Environmental Technology Resource' Center is proposed to offer centralized
environmental education and business assistance programs. The ETRC will become a
source for state-of-the~art environmental technology education, information, and training
for the business community in Southern California. The ETRC will be an integral part
of the' Environmental Zone, providing leading-edge pollution prevention and control
training to all participating businesses. The technical assistance and financial assistance
programs will be tailored to the type of industry, the individual business' stage of
development, and the anticipated economic impact. The ETRC's role will be to:
. Serve as an information clearinghouse/referral system
. Provide access to financial assistance and technical assistance
. Provide regulatory compliance and permit processing assistance
. Provide centralized resource for displaced/transitioning workers and businesses
While the ETRC will serve the entire zone, it will also be closely intertwined with the
incubator program. Ideally, the ETRC and Incubator would be co-located in one facility.
Whether located jointly or in separate locations, incubator tenants will be linked into iIie
ETRC and benefit directly from its resources and services.
Both the ETRC and the Incubator Program will be established and operated under contract
to the BECZ's Non-profit administering entity. (See Section VI, page 9, for further
information regarding the BECZ's administrative structure.)
2. "Incubator with Walls"ffechnical Assistance
This program will entail the construction of one or more R&D/industrial incubator
facilities. The facility(ies) would offer space to qualifying start-up, re:.emerging and small'
businesses. The non-profit's charter would require that these physical facilities be located
within the City of Chula Vista.
The incubator facility will offer a range of advantages and on-site services to start-up, re-
emerging businesses, and small businesses including, but not limited to: inexpensive and
flexible space, shared equipment, capacity image enhancement and convenient on-site
networking and mentoring.
Additionally, business development and marketing development services will be made
available on- and off-site. Examples of general technical assistance which could be
offered to incubator tenants are highlighted below in order of "evolution of need" by
individual companies:
Space and Shared Services
. inexpensive, flexible and convenient space
ftk /~-/7
. shared services, such as equipment and inventory control
. capacity image enhancement
Business Development Services
. planning
. basic financial services
. basic marketing
. introduction and mentoring
. technology application
. regulatory approval fast track
Marketing Development Services
. market definition
. getting products to market
. import/export
. sales support systems
. order fulfillment support systems
Advanced Growth Services
. reordering the company for growth
. developing partnerships and joint ventures
. creating new organization and ownership
. developing venture capital strategies
. valuation of the company
It is the intent of the program to provide an environmentally-permitted facility to the
extent possible to avoid environmental review delays and costs for individual. tenants.
The incubator will also facilitate testing of product prototypes both on- and off-site. The
building will be customized to meet the environmental industry's Specific needs including
"clean room" space.
The incubator facility will be managed by an on-site Incubator Coordinator who will be
responsible for providing centralized management of the facility's operations including
overhead and leasing as well as providing a package of incentives for tenants and access
to technical and pI'9fessional services. Such services cOuld be provided pro-bono or at
a discount to resident tenants.
In order to qualify to located within an incubator facility, candidate tenants will be
required to be screened by both a Technical Advisory Council and a Financial Advisory
Council. Tenants will be required to meet.certain criteria including preparation of an .
acceptable business plan, demonstration of need, business efficacy and product viability.
Tenants will also be required to "contract" with the incubator program to undergo a
program of technical training (for example, via Southwestern College or some other
identified consulting entity) or to link with a skilled team of advisors. An exit policy will
be developed regarding turnover of in~ / c2 _-j ~
Page 6
3. "Incubator without WaIls"ffechnical Assistance
The Incubator program as described above entails a Technical Assistance delivery system
based upon a networking of for-profit and non-profit resources which will be offered
through the Environmental Technology Resource Center (these could be co-located in the
same facility). This network of services' will also provide assistance to qualifying
businesses within the Zone which are not tenants of the incubator facility.
Examples of specific local technical assistance public and private partnerships which may
be resources for the proposed BECZ, or serve as model programs, include:
Project/Program Description Status San Diego AppliCation
California Environmental Technology Emerging state consortium Assist funding for research and
Par1nership (CETP) demonstration projects. Aid expon
of locally produced produCL
Center for Applied Competitive . Existing progr:un at City Assist industrjes to modernize
Technology (CACT) - City College College. sponsored by N1ST manufacturing. to develop quality
management approaches (TQM)
California Manufacturing Technology Existing program at EI Camino Assist small aerospace businesses
Center (CMTC) - EI Canlino College College shift from defense to commercial
manufacturing. Job Training.
Alternate product markets.
Small Business Innovation & Existing SBA program with Source of research & development
Research (SBIR) Program expanded funding funds for small businesses.
Small Business Technology Transfer Emerging SBA progr:un Source of cooperative R&D funds
(SBT!) Program for small businesses.
National Institute of Standards and Existing NIST program Funding source for R&D through
Technology (NlST) Advanced government-business par1nerships
Technology Program (ATP) applying CRADA agreements.
bOT Federal Highway Administration Existing FHW A program Infrastructure technology program
(FHW A) Inter Surface Transponation . conductiing demonstration projects
Efficiency Act (ISTEA) Projects such as Intelligent Vehicle Highway
System (IVHS).
CALSTART public-private Existing California program Consortium for developing and
par1nership promotiing state based transponation
technologies.
Western States Transponation R&D Emerging California project Future center to develop
Center transponation related technologies.
Source: San Diego Economic Adjustment Program Repon
Other sources of Technical Assistance include Southwestern College's Small Business and
International Trade Center (ans:l. the SBDC's proposed SBIR and CRTA centers - which
link with NASA and DOD among others), the San Diego Consortium and Private Industty
Council, the Sweetwater Union High School District Career Awareness Center, and
private consultants such as attorneys, accountants, local professors, local environmental
technology industrialists and related experts.
. ~~/;2 ~//
Examples of specific Environmental Technology Resource Center technical assistance
services which could be available to incubator tenants and/or non-tenants include:
.. productivity and quality assessments
.. review of manufacturing methods and processes
.. business systems and access to databases
.. networking assistance with plant layout and operations
.. advice on acquisition of equipment and qualifications of suppliers
.. total quality management and related competitiveness training
.. exporting
.. research and development
.. conversion and technology transfer strategies (e.g. feasibility; product
development; commercialization; linkages with defense and other industry, federal
labs, etc.)
.. procurement assistance to businesses seeking government contracts
.. displaced worker training/entrepreneurial training
.. permit facilitation
B. FINANCIAL INCENTIVES
In addition to Technical Assistance, the BECZ is proposed to offer direct financial incentives
which, as mentioned eadier, would be tailored to the businesses' needs, stage of development and
level of risk.
Examples of contemplated incentive programs are as follows:
State "mandated" CALEPA Regional One Stop Permit Center
State "mandated" Cal Environmental Technology Partnership (CETP) Special Project
Targeted Environmental Technology demonstration grant program (existing - CalEP A and
Trade and Commerce)
Recycled Products Market Development Program (being developed by Integrated Waste
Management Board)
Extension of Recycled Products Investment Tax Credit (existing Statewide; expires
6130/93)
Seed Capital Fund (loan/grant/guarantees) for start-ups and re-emerging "spin-offs
Venture capital pools (equity financing)
Industrial Development Bond (!DB) Credit Enhancement
IDB Issuance Fee Waivers
Banker's CDC loan preferential treatment
State Entelprise Zone incentives (existing - City of San Diego Entetprise Zone)
State Recycling Zone incentives (existing - City of San Diego Entetprise Zone)
State tax deduction for net operating loss (front-loaded)
State sales tax exemption for qualified equipment (e.g. pollution control)
State .colporate income shelter .
State tax credits to lenders (personal, commercial and bond) and to investors (equity and
stock), allowing 5 year carry forward
State preference for Industrial Development Bond allocations
Redevelopment land or predevelopment subsidies
. )l--tV /;2 -r2LJ
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
Page 8
· Revolving loan fund (Real estate/working capital)
. Loan guarantees (Real estate/working capital)
. Import/Export Revolving Loan Fund
. Government contract preference
. Long term lender CRA focus
Exhibit E illustrates the proposed Tiered Incentive Process which correlates business needs and
risk levels with assistance available.
VI. BECZ ADMINISTRATION
A. BECZ JOINT POWERS AUTHORITY (JPA)
As referenced earlier, the Zone will be overseen by a multi-jurisdictional, regional autlwrity as
the umbrella organization. This body will be formed as a Ioint Powers Authority (JPA). The
IPA will be a municipal corporation whose primary roles will be to:
1) Provide a vehicle for program coordination among the participating
jurisdictions.
2) Provide a regional, geographically-based entity for designation as
a State Incentive zone.
3) Act as the general policy-making oversight board for the .Zone and
the contractor to a non-profit administrative entity.
4) Provide a regional, tax-exempt bond issuance mechanism.
5) Provide a regional, governmental conduit for state, federal and/or private
funds, as needed.
6) Act as a liaison to other governmental entities as appropriate.
However, it should be noted that the IP A would have no greater authority than the powers of the
respective jurisdictions and then only to the degree that such powers are actually delegated to the
IP A. The JP A board will be composed of representatives from each of the participating entities'
legislative bodies.
B. BECZ NON-PROFIT ADMINISTERING AGENCY
The JPA will transact its daily business through a contractual relationship with a separate non-
profit organization. The non-profit's Board will be comprised of private sector representatives.
The primary roles of the non-profit entity will be to:
I)
Adopt and implement the goals of the BECZ (as initially outlined
herein).
Adopt the BECZ's Incentive Eligibility Criteria (as initially
outlined herein) and insure that eligibility criteria reflect the stated
BECZ environmental and economic goals.
Establish an Environmental Technology Research Center (ERTC)
to further BECZ goals.
Establish an Incubator Program to further BECZ goals.
~J-Y J2~;2/
2)
3)
4)
"--- "
5) Create other for profit and/or non-profit subsidiary
organizations/programs to further BECZ goals.
6) Establish a Technical Advisory Council to advise the Non-profit
Administering Agency regarding technical issues relating to general
program policy, incentive eligibility ,criteria, program compliance
issues, etc.
7) Establish a Financial Advisory Council to advise the Non-profit
Administering Agency regarding business management and
fmancial assistance matters, including financial incentive structuring
and eligibility.
8) Administer BECZ technical assistance and financial assistance
programs.
. 9) Solicit and administer program funding - public and private; for
both operating costs and business assistance programs.
10) Fill Non-profit Board vacancies as they occur.
II) Advocate for a business climate conducive to targeted
environmental industries (within federal and state non-profit
guidelines).
As a non-profit, this entity could be a conduit for public and private grants and contributions and
will have greater flexibility than a governmental organization in terms of such items as
procurement policies and practices.
As mentioned, the Non-profit could act as an umbrella organization for one or more for-profit
or non-profit organizations in addition to the ETRC and Incubator Program. The purpose of
these entities would be to generate revenues to contribute to the program's costs while
concurrently pursuing environmental zone goals and objectives.
VIL PROGRAM COSTS!FUNDINGSOURCES
A. COSTS
The Zone as proposed will require very significant funding commitments. In the immediate
stages, funds will be needed to pay for a full-time BECZ Director to develop and refme the
overall Zone concept, to assemble a team of experts, to mobilize the participating entities and
establish the organizational structure, to identify and secure funding sources, to identify and
secure a location for the ETC/Incubator, to pursue State legislation as needed, and to pursue
public and private funding. The City of Chula Vista has demonstrated its commitment to the
BECZ program by appropriating a total of $100,000 toward the hiring of the BECZ
Director. The Council has stipulated that $50,000 is authorized for expenditures as of July
1, 1993, with the remaining $50,000 authorized upon evidence of obtaining $150,000 in
matching public and/or private funds - for a total initial budget of $250,000.
Costs of the Zone program's overall implementation and management are difficult to identify at
this time. However, funding is anticipated to be needed at a minimum for the following:
L
ETRC/Incubator '
.., Land acquisition and improvemen~#).2 "-,2?----
Page 10
.. Facility construction
.. Equipment
.. Operating and maintenance costs
.. Staffing
Incubator Manager
Clerical support
2. Technical and Financial Advisory Councils
.. Staffing (to provide support for such activities as Incubator tenant screening,
background checks, monitoring)
. .. Consultant services
3. BECZ Joint Powers Authority
.. Staffing (to support public meetings and general administration)
B. PROGRAM FUNDING
As indicated previously, the success of the program hinges upon a partnership of public and
private organizations and resources. In order to activate the program, it is proposed that a BECZ
Director be hired as soon as possible to oversee the BECZ non-profit administering agency. The
BECZ Director would be provided a total budget of $200,000-$250,000 to develop an
implementation team,finalize formation of the IPA and Non-profit organizations, prepare alld
submit proposed legislation as appropriate, market the program to targeted audiences and seek
public and private funds for program implementation (i.e. operating and maintenance funds and
incentive program capitalization). The City of Chula Vista has approved $100,000 in seed money
for this purpose. This $100,000 is to be matched by $150,000 in additional public and/or private
funds. .
Pr<;>gram O&M and incentive program capitalization funds are anticipated to be a combination
of state, federal, local and private monies with an emphasis on private participation. Possible
federal sources include DOC, DOE, DOD, EDA, DOC, and DOT. The Clinton administration's
emphasis on economic stimulUS and conversion is expected to present new funding opportunities.
Opportunities for partnerships with the State of California are being pursued with CalEPA and
the California Trade and Commerce Agency - and with the Governor's Environmental
Technology Partnership/CETP. (CETP is a partnership of the two state agencies, whose purpose
is to promote and assist the development, manufacture, use and export of California-based
environmental technologies, goods and services.) Other future potential funding sources include
direct financial assistance to eligible BECZ finns via State tax'benefits or other legislatively or
administratively authorized business incentives, including prioritization .of existing economic
development programs/revenues for the BEcz. Finally, a potential source of corporate funding
could be already budgeted Outplacement Programs, which currently account for significant
private expenditures. .
In terms of acquiring the ETRClIncubator facility(ies), possible scenarios include purchasing,
leasing or private donations. Potential funding sources include state, local, federal governments,
private corporations, foundations and venture capital. . Financing mechanisms could include:
..
public/private partnership
~ 1,.2--;23
" debt financing
" equity financing
" cash or in-kind contributions
" grants or loans
" public stock offerings
" limited R&D partnership
VIII. STATE LEGISLATION
Designation by the State of the Border Environmental Commerce Zone as a California regionally
based incentive zone will be immediately pursued. Legislation is proposed which will identify
the BECZ boundaries, establish the BECZ as a Pilot Program, and establish a legislative
framework under which the proposed administrative structures (including the JP A and non-profit
administering agency), ETRCllncubator programs and Incentive programs can be developed.
Subsequent legislation may be proposed at a future date to authorize specific incentive programs.
IX. SUMMARY OF KEY BECZ IMPLEMENTATION MEASURES
The following items will be undertaken to implement the BECZ program:
A. Matching funds of $150,000 (public or private) will be pursued to match the City of
Chula Vista's $100,000 appropriation for hiring a BECZ (Non-profit) Director and
initiating Phase I of the program's implementation.
B. A IPA will be formed among participating BECZ entities to formalize a cooperative effort
to pursue the goals as outlined in this paper. The Board will be composed of
representatives from the respective legislative bodies.
C. A private, non-profit agency will be formed to act as the umbrella administrative entity
for the BECZ program, and specifically to establish the ETRCllncubator programs. The
Board of this agency will be composed of primarily private sector representatives of
specific areas of expertise pertinent to the program's success (e.g. environmental finns,
environmental engineering, venture capitalists, lenders, educational institutions, etc.).
Additionally, a Technical Advisory Council and a Financial Advisory Council will be
formed to support the Board.
D. State designation of the Border Environmental Commerce Zone will be pursued in the
very near term, including a linkage to the California Environmental Technology
Partnership.
E. State legislation authorizing specific business incentives will be p~Ued in the future.
F. Dialogue and coordination is proposed to continue with the Silicon Valley Environmental
Roundtable and Environmental Technology Center; creating a north/south cooperative
effort.
WPC F:\home'commdeV\1009.93
~ /;2~~i
Page 12
BORDER ENVIRONMENTAL COMMERCE ZONE
City of Chula Vista Task Force
Councilman Bob Fox
Task Force Chairman
City 'of Chula Vista
276 Fourth Avei;1ue
Chula Vista, CA 91910
691-5044
James D. Bliesner
Task Force Vice Chairman
City/County Reinvestment Task Force
1609 West Lewis
San Diego, CA 92103
531-6272
Victor Castillo
Business International Education Program
Southwestern College
900 Otay Lakes Road, Bldg. 1600
Chula Vista, CA 91910
482-6391
Michael Shames
Sierra Club
6975 Camino Amero
San Diego, CA 92 II I
696-6966
Diane Takvorian
Environmental Health Coalition
1545 32nd Street
San Diego, CA 92101
Dan Noble/Grant Ferrier
Environmental Business Publishing Company
4452 Park Blvd.
San Diego, CA 92II6
295-7685
Donald Blind
Laidlaw Inc.
2092-B Norshore Drive
Chula Vista, CA 91913
421-9400
Sheila Washington
Washington Enterprises
California Business Incubator Network
225 Broadway #2250
San Diego, CA 92101
237-0559
Enrique Melgar
International Savings Bank
Manager, Chula Vista Branch
296 H Street
Chula Vista, CA 91910
420-6474
EXHIBIT A
/).. --~/;J. -:J.'
(CheryUDisk#3lbecznams.1st)
6.
7.
8.
9.
EXHIBIT B
BORDERENVffiONMENTAL COMMERCE ZONE
RESOURCE PEOPLE TO
CITY OF CHULA. VISTA
BECZ TASK FORCE
1.
Stewart Borie
Environmental Partners
937 Tenth St., Suite 5
Santa Monica, CA 90403
2.
Jeni Roberson
Bankers CDC
P. O. Box 88228
5353 Mission Center Road #218
sail Diego, CA 92168
3.
Lee Fenn
Small Business Finance Corp. CDC
P. O. Box 882228
San Diego CA 92168
4.
Mark Sullivan
City of San Diego Economic Department
Finance Specialist
1200 Third Avenue, Suite 1620
San Diego, CA 92101
5.
Bill Hawk
Stone & Youngberg
4350 La Jolla Village Drive #805
San Diego, CA 92122
Mary Wylie, Dean
Ken Clark, Small Business Advisor
Southwestern College SBDC
900 Otay Lakes Road
Chula Vista, CA 91910
Chuck Manley
State of California
Trade & Co=erce Agency
750 "B" Street, Suite 1620
San Diego, CA 92101-4199
Mike Jenkins/Lydia Morena
San Diego Enterprise ZonelReG:yc1ing Zone
1200 Third Avenue, .Suite 1620
San Diego, CA 92101-4199
Kenneth C. Lind
Brown & Wood
1 ()Q()() Wil.hirp Rlwl
I~"'.y,~. ~8
(310) 393-4358
295-5743 (F)
291-3594
291-3594
236-6235
236-6512 (F)
452-0504
482-6391
237-6624
236-6089
236-6512 (F)
(310) 443-0200
(310) 208-5740 (F)
EXHIBIT C
FUTURE OF ENVIRONMENTAL INDUSTRY
According to the Environmental Business Journal, 1992 revenues generated by the environmental
industry exceeded $134 billion in the United States and $300 billion worldwide. The
environmental technical field is predicted to grow by as much as 25 to 50% over the next 10
years.
According to the U. S. Environmental Protection Agency (EPA) , roughly 2% of our Gross
National Product (GNP) is currently being spent on protecting and restoring our nation's air,
water and land. The EP A predicts that these environmental expenditures will increase to 3 %
of GNP by the year 2000.
Pollution control investment over the next decade will be driven by major land, air and water
pollution regulations passed by Congress in the mid 1970's and greatly expanding over the past
10 years. EPA estimates that in terms of projected 1997 media shares of pollution control
capital expenditures (i.e., expenditures related to tlle environmental media carrying the pollution)
tlle breakdown is as follows: 36% water, 34% land, 27% air and radiation, 2% chemical
control and 2 % multi-media.
-
. In addition, the non-EP A regulated share of annualized pollution control costs are projected to
increase by 140% as a result of military and nuclear waste clean-up.
California's environmental industry generates approximately 17% of total U. S. revenues, or
some $22.8 billion, and approximately 10% or $30 billion, of worldwide revenues.
It is estimated that over 50.000 new iobs will be created bv 1996 for Californians in the
environmental technical arena.
~.;l ~7f~-If.z,
o
EXHIB IT C
E~vironrnen~al "U'"ec!"lnology
Foe:: Shee~
January 14, 1993
The San Diego based Environmental Business Journal has identified twelv.e different segments
of the environmental technology industry, all of which have a strong presence in California.
. An.Jytical Services (AS)
. ',Solid Waste Management (SWM)
. Hazardous Waste Management (HWM)
. Asbestos Abatement (AA) ,
. Water Treatment (WT)
. Private Water Utilities (PWU)
. EngineeringiConsulting (Ele)
. Resource Recovery/Recycling (RR/R)
. Instrument Manufacturing (1M)
. Air Pollution Control (APe)
. Waste Management Equipment (WME)
. Alternative Energy (AE)
fuU exp1ana.tion o{the lnd:us:uy SCgment d.au is published annuaJly in Ea..r~ April Wue
In 1991, these industry segments provided over 180,000 jobs for Californians with revenues of
$20 billion.
1991 California Jobs In Thousands
~E..._ .ws-N.SowNI.w..tMco<,t912:P,.."'"
60 K r"
~o K ".
20K -
I
AA
~~
WT PWU
~=-
E/C RR/R
AS
~ Iii'wd
SWMHWM
~~
tM APC WME AE
1991 California Revenius in Billions S
~L..:' .w'--'JourNL'-'IJricIo(41f) 2fS.'HI:i
: I
"
..
" ,
... ....
.. :~.
.,.. . ~.
~
AS SWMHWM' AA WT PWU E/C RIt/1l 1M APC WME AE
~
-=
- more-
L
.'
By 199-6, those fi~res are expected to grow to nearly a quarter ofa million Jobs.and $27
billion in revenues.
1996 California Jobs in Thousands ..............................'_....0...,...19' ,,~""
';:: I.
AA
~
WT
~
pwu
~
:n~w~~~ I@J&~
AS
~~
SWMHWM
E/C RR/R
....------.~
1M APC WME
AE
.1996 California Revenues in Billions S
s.--:E.. ___.....J.a...ir-"""""""''-DO.ro(41f) 21}''Htj
6
.
2
.~.
sw HWM
~
:~h:HW - ':WMk %~{~t~f~ :i~itl~:
~
ff'iill0l
~
^ E
AS
A A
W T .pw U E/C RR/R
1M
APC WME
Nationally, this industry employs nearly a million workers with 1991 revenues of$120 billion.
1991 National Jobs in Thousands """'"'c.. ,_ ..._..........."""","" ,,'",..,
300K r
100K
lOOK
.
i-~
.1
AS SWM HWM AA
WT PWU E/C RR/R 1M APC WME AE
1991 Natio,:,al Revenues in Billions S
SoIncL..___......te..-~kl.OMIo('If) 2fS."HlS
30
~o
to
.>:.-:-:.......
<
lli...
AS
SW HWM AA WT PWU E/C
1M APC WME AE
. National Environmental Industry Revenues are projected to. reach $180 billion by the year
2001.
National Revenues by Year in Billions S _6..l '___........(4111__
200
100
:>~10.:,"'^"~...~>
. -1916
1919
1992
1995
2001
1910
1913
~/2~
Projections for Environmental Technology Jobs for
Californians by Year
250K
240K
230K
220K
210K
200K
190K
1SOK
170K
160K
150K
140K
130K
120K
llOK
lOOK
90K
SOK
70K
60K
SOK
40K
30K
20K
lOK
:i~~f:~~%\tt*j~!~1i
111111
X,;
&iii~~
I
:;.:~..
1991
1992
1993
1994
1995
1996
<.
Souto:: EavironmcnuIIlusin= Joumal. San Diego (619) 29So76U
~/e2--J5
Projections for California Environmental Technology Revenues
by year in Billions
27
26
25
24
2,3
22
21
20
19
18
17
16
15
14
13
12
11
10
9
8
7
6
5
4
3
2
1
Ilt,llJI
:~t ~.;:
.... ...............
I
....'...-:<.:.,:.:.:~~:.:.:.
IIItl
,-:.;.:.:
Itlli,
I
:,II't~!~&~}*1
"...,............,
:::::::::::':':"":<::;:""'::';:;:':;':
:~~iij~}ifi\~1t];
;~:~m,%1'.%t:~mt:
11'1,
1991
1993
1994
1995
1992
1996
Soo=: Envitoamcn<at BusincuJoum&1, San o;cgo (6 19) 295-7685
~ ).2--37
EXHIBIT D
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.
.
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EXHIBIT E
I
,
I
. !
1
I
..: ."~.
ITEM "B"
~RDER ENVIRONMENTAL COMMERCE ZONE (BECZ)
PROGRESS REPORT
8-11.93
Since Council adoption of the Border Environmental Commerce Zone (BECZ) White Paper on
May 11, 1993, substantial progress has been made by Chairman Fox, the Task Force and staff.
This progress report generally outlines significant activities to-date.
A. MEETINGS WITH STATE AND FEDERAL LEGISLATORSILEGISLATIVE
PROPOSAL
~ CalEP A has expressed interest in working with the BECZ to implement California
Environmental Technology Partnership (CETP) programs.
~ California Trade and Commerce Agency recommended we work with the City of
San Diego and the Agency to pursue federal TRP funds (see Federal Funds,
Section "C" below).
~ Several state legislators have expressed support. Assemblyman Tom Bates has
submitted AB 1615 (Attachment A) which would "authorize the Secretary of the
California Trade and Commerce Agency (CTCA) to designate environmental
business development zones, to be governed by a regional. . . joint powers agency
. .." AB 1615 would provide for CTCA to, among other things, establish the
following programs via the zones: an environmental extension service offering
technical assistance to small and start up businesses; a state contract with private
entities (such as the BECZ Nonprofit) to carry out environmental zone services;
a state one-stop permit office and hazardous waste consultation program; business
access to federal grants, loans and loan guarantees. The will would also require
CTCA to identify additional potential zone incentives.
B. ENDORSEMENTS
To date the following entities have endorsed the BECZ in concept (see Attachment B):
. San Diego Economic Development Corporation
. South County Economic Development Council (SCEDC)
. San Diego Economic Adjustment Group
. San Diego Consortium and Private Industry Council
. Cal Trade and Commerce Agency
. San Diego & Imperial Counties Labor Union
. Sierra Club, San Diego
. Environmental Health Coalition
. Congressman Filner
. Assesmblymember Dede Alpert
. County of San Diego
. City of Imperial Beach
. City of National City
WPC F:\HOMECOMMDEV\1200.93
---S-r/ J~ -13
Page 1
The item will soon be going forward to the City of San Diego, and possibly
Lemon Grove and Coronado.
C. FEDERAL FUNDS
Staff immediately identified federal Economic Development Administration (EDA),
Department of Defense Office of Economic Adjustment (OEA), and Technology
Reinvestment Project (TRP) funds, respectively, as potential funding sources. These
funding sources look to regional cooperation as an essential factor in competition.
EDA/OEA Grants
As was noted by staff early in the BECZ process, the City of San Diego's Economic
Adjustment Program was prepared with a planning grant from OEA and the California
Trade and Commerce Agency and includes the following key components:
. Technology Business Advisory Committee
. High Technology Resource Center
. High Technology Incubator
. Seed Capital Fund
. World Trade Center
San Diego has submitted an application for $5 million in EDA monies to implement the
Economic Adjustment Program which is expected to be awarded.
In order for Chula Vista to successfully pursue EDA or OEA grant opportunities, it is
important that we coordinate as appropriate with San Diego's ongoing regional efforts due
to the requirements of these grant programs.
TRP Grants
In terms of U.S. TRP funds, through coordination with the State and Citv of San Diego.
the BECZ's proposed Environmental Technologv Resource Center (ETRC) has been
integrated into the State of California's application for TRP funds. The ETRC is
proposed as a satellite facility to the San Diego High Technology Resource Center. (The
State's application is attached as Attachment C.) We should know the results in
September; a second TRP application round is anticipated in October 1993.
Additionally, staff has been working with the S.D. High Technology Foundation which
has submitted a TRP application for an Environmental Incubator to be located in Chula
Vista in conjunction with the BECZ (Attachment D).
Other federal sources/legislation
Efforts are being made to identify and pursue other federal funding sources. For example,
Mayor Nader has met with high placed federal officials including Secretary of Commerce
Ron Brown and Transportation Secretary Pefia. Congressman Filner has endorsed the
BECZ; efforts are ongoing with his office to integrate the BECZ program into proposed
federal legislation. One example is the "National Environmental Trade Act of 1993"
~2;" J/- ---tj t(
Page 2
WPC F:\HOMOC:OMMDEV\1200.93
,
which establishes programs to promote environmental technology and export. Another
example is Sam Nunn's proposal to allocate DOD R&D monies for defense conversion
to environmental technology.
Attachments:
'c. ~
'.-'
"( ")I'
'v
\'1>0."
A. AB 1615 J' .~> . ~
B. Letters of Support ,;".: . ~O't
C. State TRP App~cftion
D. High Tech Foundation TRP Application
WPC F:\HOM:E'L""OMMDEV\1200.93
frY
/.2-'h1t~ -~.3
Page 3
.07_'12-93 MON 15:51 Advocation
.
,... .":"
(
AMENDED IN SENATE JULY 7, 1993
AMENDED IN ASSEMBLY MAY 13, 1993
AMENDED IN ASSEMBLY APRIL 12, 1993
CA1JI'OIINIA l.EC1SLA~lIlQ.aC IlECIlJ.All SESSION
~SSEMBLY BILL
No. 1615
0,.
(
Introdu.ced by Assembly Member Bates
March 4, 1993
- '
An act relating to environmentaI'quality.
LEGISLATIVE OOUNSEL'S DIGRST
AB 1615, as amended, Ba.tes. Enviromnent development
council.
Under existing law, the Califonrla. Environmental
Protection Agency includes ,specified departmentJ, boards,
~d offices and Is administered by the Secretary for
Environmental Protection.
This bill w01,lld require the Secretary or the Trade and
COlJimerCe Agency'/ ill eenstlll:a}iea with Q.e Se!!retL~ fep
~ft .irel!.l'Refttlll Pletedieft ttttd the Seeretery.the RelllM'ees
,'\ge>i<l!)" to carry out specifi~ duties relating to
(llll.vironmental goals, standards, and timel;ables. and the
establishment of an environmental extelMon service to
perform specified duties. The bill would tequlra the
genetli!') eE 4!he ~ eed CelllRler!!8 ..lt~'Y secretarY.
among other things, to convene /Ill En.1Iironmcnt21 B~JSiness
DevelQpment Council, as prf1$Cribed,!Mid tl) develop an
action plan to foster the MpiEl startup iO".' JUld expans!on ,;l
'lhe8e environmental industries ~ ~ ~
~chfte: to ~ eanTenmaRM!. ~~ it ~ ~1)';!k.~
ftMl fe Ifti~ the ~ to tfte Ce<."ill'It$r ~ ~ l!:.'~-1H'e
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SAN 0 I EGO CONSOf1T1 UM
FAX NO. 2386063
ATTACHMENT
. ,.' -. 'SAN DIEGO CONSORTIUM & PRiVATE INDUSTRY COUNCIL
. .
M A Workforce Partnership"
June ]5,1993
.&"'WINNER ~
If ~
~ PREStDENJ'lAL ~
~ AWMD ~
~ "NAnom_ i
~> 4-,tJ!;
The Honorable Tim Nader
Mayor of Chub. Vista
276 4th Avenue
Chula Vista, CA 91910
Dear Mayor Nllder:
After meeting with the Chula VISta Environmartal Zone Task Force and reviewing the
Border Environmental Commerce Zone (BECZ) concept paper, we find that the BECZ
objectives and program elements are complementlU)' to plans and strategies promu1gat~
under the San Diego Economic Adjustment Program.
It is encouraging to :;eO lncreasiP,g awareness in the San Diego region that economic
development can provide tangible incentives for promoting business and can provide
assistance to support their continued success. BECZ "Resource Center" and "Incubator"
assistance elements mirror the implementation direction that the San Diego regional
program is promoting.
In terms of regional economic development, our programs can support and expand upon
what each individually may accomplish.. Everyone benefits from such synergy.
The BECZ proposal offers hope for creatiP,g jobs, for introducing and expanding business
and fOf mitigating impacts that displaced San Diego workers have experienced through
. defense industry downsizing and a local repressed economy. We support these objectives.
Please keep us informed of your program's progress and of how we may collaborate and
cooperate in the future.
Sincerely,
cf(!t)
Charlie Clark
Economic Adjustment Program Director
t551 Fourth Av<nue . Suite 600 . San Diego. CAntOl . (619) 238-1!l45 ' P^" (619) 238-6063
~ I~-~I
,
06-1S-1~93 03:S7P11 FROM SOUTH mUNTY EDC
TO
4765310
P.02
IIII~
..oo:;-~/
South San Diego CoUIJt:y
Economic Development Council
The Affordabk Cnlifornld.
WIthoUt Omtpromise
June 15, ~993
The Honorable Tim Nader
City of ChuJ.a Vista
276 Fourth AVe..
Chula Vista, Ca. 91910
Dear Hayor Nader:
At its meeting of June J., 1.993. the. south County Economic
Development Council Board of Directors voted unanimous1y to support
the Border Environmental Comme=e Zone (BECZ) proposed for South
San Diego.
This innovative program. to attract e.nvironmental technology and
servioe industries shoulcl prove beneficial to the entire San Diegol
Baja California region. By providing direct support for start-up
compllnies through the use of the incubator Structure and providing
direct assistance, many such businesses should be interested.
Additiona1ly, the proposed inclusion of federal, state and local
incentives in the form of tax credits. fee waivers. fast tracking,
etc. will assist our business attraction efforts if they are
implemented.
We look forward to working closely with your city and the BECZ non-
profit organization in developing this unique program. Please
contact me is we can 00 of further assistance.
Sincerely,
~o- p~
DOUG PERKINS
Executive Director
l.rflll!ll!lt :5Qtll m'1!l!l, W1ll'A,NlU.lUlIlI1 aly, a 91930. (619) ,,(i..Z47<l
~ /c2~J
TOTAL P. 02
06-15-1993 1~:10
ECONOf11 C DEvELOPrii:.:NT CORP.
619 2341935
San Diego Economic Development Corporation
June 16, 1993
The Honorable ~or and City Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Hayor Hader and Members of the Council:
The San Dlego.Economlc Development Corporation is pleased to support the
Border Environmental COlllll8rce Zone proposed as a multi-jurisdictional effort
by the Cfty of Chula Vista.
As a regional economic development agency, we view the Border Environmental
Commerce Zone as a positive step toward encouraging business to locate and
expand in the San Diego region. This program shows great promfse as a job
creating entity, and has far reaching and innovative aspects as a unifYing
coalition'within the San Diego area.
The San Diego Economic Development Corporation looks forward to continufng
to work together to expand business opportunities tn the greater San Of ego
region.
Sincerely,
~" ().~
Daniel O.
President
DP:pm
701 B SUca,SuiIC 1850. s.n Di<go. c.Jirom;. 92101, (619) 2J4-~&I. F.x (619) 234-1935
......,..""""""SoI01qo."ii...!=-r
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P.02
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SIERRA CLUB, SAN DIEGO CHAPTER
San Diego and Imperial Counties
3820 Ray Street
San Diego, CA 92104
June 11, 1993
Mayor Tim Nader
City of Chula Vista
276 4th Ave.
Chula Vista, CA 91910
Dear Mayor Nader:
On behalf of the San Diego Chapter of the Sierra Club, I wish to memori-
alize the Club's strong support for the Environmental Commerce Zone recently
adopted by the ~ity of Chula Vista. We believe that this proposed program
represents a superlative melding of the need to reconcile environmental
responsibility with economic well-bein~.
The Club recognizes that the San Diego region is faced with the reality
that it can no longer depend upon traditional military/defense industries to
serve as the backbone of its economy. Economic diversification is no longer
a luxury, it is a requirement. Having lost most of its large employers, San
Diego County has, by default, become a center for small business.
We believe that cities in San Diego County are uniquely positioned to
become centers for emerging environmental industries. "Never before have
ecological need and public demand for environmental technologies converged as
they have in this decade. The policies of the new Clinton-Gore administra-
tion will place environmental technologies in the forefront of this decade's
emerging technologies.
Chula Vista's Environmental Commerce Zone represents a means of address-
ing San Diego's economic and environmental needs and should be developed with
due haste and energy.
l.chael Shames
Chair, Sierra Club Political Committee
~r /c/5r
S04 CANNON BUILDING
W ASHlNOTON, DC 20515
TEL; (202)225-8045
FAX: (202) 225.9013
.
PUBLIC WORKS AND
TRANSPORTATION COMMITTEE
BOB FILNER
50TH DISTRICT, CALIFORNIA
VETERANS" AFFAIRS
COMMIITEE
333 f STllET. SUITE A.
CHULA VISTA. CAUFO~NIA 91910
TEL: (619) 422.5963
FAX; (619) -422-7290
CONGRESS OF THE UNITED STATES
HOUSE OF REPRESENTATIVES
June 1.5, 1.993
Tom Epstein
Special Assistant To the President
For Political Affairs
Old Executive Office Building, Room 151.
Washington, DC 20500
Dear Tom:
Thank you for soliciting my input on the proposal for a
Border Environmental Commerce Zone in Southern
Califo=ia.
I am a strong supporter of this proposal to provide
incentives and assistance specifically for
environmental technology businesses in an area that
stretches 1.5 miles north from the Mexican border in San
Diego.
The proposal is important for a number of reasons. It
promotes environmentally sound technology and
environmental cleanup in an area certain to be affected
by NAFTA. It also promotes the development of jobs and
new technology in a region devastated by defense
cutbacks.
I hope that the Administration will do everything
possible to ensure that this plan becomes a reality--
and a model for other cities along the 2,000 mile U.S.-
Mexico border.
FILNER
rnber of Congress
BF:gd
cc: Bill Woodyard
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San Diego-Imperial Counties
Labor Councit;----
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July 19, 1993
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Mayor Tim Nader
City of Chula vista
276 4th Ave.
Chula Vista, CA 91910
Dear Tim:
It is my pleasure to inform you of Labor Council action
subsequent to your meeting with the Economic Development Committee
to endorse:
a. The creation of a joint powers agreement forming a Border
Environmental Commerce Zone.
b. To support a proposal advanced by Mayor Tim Nader, Chula
vista to assure water re~ources for industries locating in
Chula vista that have committed toward the creation of higher
paying jobs.
c. That a person recommended by the San Diego-Imperial
Counties Labor Council be appointed to any advisory committee
formed to support the aforementioned Economic Development
proposal (water resource ~ssurance).
d. That the City of Chula Vista review its' development
permitting process with an interest in expediting and
shortening the process.
Francis
Secretary-Treasurer
JOSEPH S. FRANCIS/Executive s~re~.) ~ ~ KELLY/President .
4265 Fairmounl Avenue. Suilell0' San Diego, CA92105' (6.19)283-5411' Fax (619)283-2782 ,+-~.
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City of Imperial Beach, California
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OFFICE OF 11fE MAYOR
Michael B Bixler
July 21, 1993
.-city Council of the City of Chula Vista
City Council of the City of National City
City Council of the City of San Diego
Board of Supervisors of the County of San Diego
Subject: Border Environmental Commerce Zone
Honorable Mayors, _ Council members, and Supervisors:
This letter is a commitment, in concept, by the City Council of Imperial Beach to the
development of a zone or territory that will encourage, permit, enhance and stimulate the growth
of environmentally oriented businesses in the South Bay region of the County of San Diego as
is more fully set forth in the "Border Environmental Zone Concept Paper" dated May 11, 1993.
The City Council has approved this action by the adoption of Resolution 93-4262, adopted on
July 21, 1993.
Further, please accept this letter as a statement of our City's commitment, in concept, to the
principle that the supervision and/or management of that zone should be through the mechanism
of a joint powers authority.
This letter does not constitute a commitment by the City of Imperial Beach for any funding or
liability responsibilities. Rather, it is a statement of our willingness to cooperate in the
development of the zone, and the creation of a joint powers authority to govern same, and to
a program that will make the South Bay region a place that is attractive for qualifying businesses
to invest and grow. We reserve the right to withdraw from participation until a more definite
commitment is made by our City Council, during the process of developing the Border
Environmental Zone Program and after holding a public hearing(s).
Sincerely,
.~/J /4-
Michael B. Bixler
Mayor of the City of Imperial Beach
82S Imperia1 Beach Boulevard. Imperial Bcacb, ~619) ~~~'2) 429.mo
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RESOLUTION NO. 93-4262
A RESOLUTION OF THE CITY COUNCIL OFTHE CITYOFIMPERlAL BEACH, CALIFORNIA,
TO ENDORSE THE CONCEPT OF A BORDER ENVIRONMENTAL COMMERCE ZONE IN THE
SOUTH BAY REGION OF THE COUNTY OF SAN DIEGO
WHEREAS, the City Council of the City of Imperial Beach has initiated an economic development
effort to promote environmentally clean industry and to create a Border Environmental Commerce Zone
to assist job creating environment businesses; and
WHEREAS, the proposed Border Environmental Commerce Zone includes the area within San
Diego County from the United States-Mexican Border to north of Interstate 94 and from San Diego Bay
to the site of the existing portion and proposed expansion of State Route 125 including the City of Imperial
Beach; and
WHEREAS, the goals of the Border Environmental Commerce Zone are to stimulate the
development of environmental technology, strengthen and diversify the economy in the south San Diego
County area, facilitate defense conversion strategies, promote border area clean up, and to create jobs; and
WHEREAS, the environmental technology industry is projected to generate over 50,000 new jobs for
Californians by 1996; and
WHEREAS, the operating agency of the proposed Border Environmental Commerce Zone will
coordinate with local, regional, state, and federal resources to develop industry specific business assistance,
business incubator facility( s), and an environmental technology resource center; and
WHEREAS, numerous businesses and environmental groups have endorsed the concept of the Border
Environmental Commerce Zone including state agencies and local economic development organizations; and
WHEREAS, the program proposes that a regional joint powers authority provide general policy
overview and that private sector non-profit provide day to day administration; and
WHEREAS, the City Council of the City of Imperial Beach wishes to participate in developing the
concept further, without now being committed to any funding or liability responsibilities.
NOW, THEREFORE, BE IT RESOLVED, the City Council, of the City of Imperial Beach, does
hereby find, order, determine and resolve that the City Council of the City of Imperial Beach supports that
California Border Environmental Commerce Zone in concept, supports the Border Environmental
Commerce Zone goals of strengthening the region's economy and to provide jobs for Imperial Beach and
south San Diego County residents, and endorses the proposal in concept to form a joint powers authority
to oversee the program as stated in the Letter of Intent attached hereto as though fully set forth herein.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Imperial Beach at its
regular meeting held this 21st day of July 1993, by the following vote to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
GOETHE, HASKINS, ROSE, ROBBINS, BIXLER
NONE
NONE
~/3~
Michael B. Bixler, Mayor
1r#f J,2~5~
STATE CAPITOL
P.O. BOX 942849
SACRAMENTO, CA 94249-0001
(916) 445-2112
DISTRICT OFFICE
1350 FRONT STREET
SAN DIEGO, CA 92101
(619) 234-7878
~ssemh1l!
([ulifllrttiu 11Iegisluture
DEIRDRE ALPERT
MEMBER:
EDUCATION
RULES
UTILITIES AND COMMERCE
WAYS AND MEANS
July 16, 1993
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ASSEMBLYWOMAN, SEVENTY -EIGHTH DISTRICT
Tim Nader
Mayor, city of Chula vista
276 Fourth Avenue
Chula vista, CA 91910
Dear Tim,
Thank you for sending me the updated information on the Border
Environmental Commerce Zone. I was sorry that you were unable to
attend the meeting at my office, but it was good to see you at the
Southwestern College graduation ceremonies.
As a strong supporter of both business and environmental
issues, I hope that the BECZ will accomplish its objective of
creating jobs by encouraging the location of environmentally
sensitive businesses in the South Bay. The BECZ is an important
project, and I would appreciate it if you would keep me informed
of it's progress.
Again, thank you for the information.
to contact me or my staff if we can be of
other state government matter.
Please do not hesitate
any assistance on any
Sincerely,
~
ASSEMBLYWOMAN DEDE ALPERT
78th District
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Printed on Recycled Paper
; TRP Cover Sheet 1 : Proposal Technical B Cost [J
,
FOR TRP USE ONLY. DO NOT WRITE IN THIS SPACE ATTACHMENT C
1a. PTopoSlII T"';
The California Gold strike Proqram
1b. ActMly: Alternate 1c. Progam: Regional Technol WGchnolo<;t Focus Araa and SP'Jcitic Topic:
Development Pilot Project Alliance i"-ssistance N/A
~ NamDS. Or ona. and % Tlme C011tment
2. Point or Contact otK~iYei o~ /1 /11/, '"J1 .
2a.. Nama and Mailing Address of Contact 4a. ;/rt/I//JJ f~
Ronald tfJ Y-WilTIir.'1Is
Ronald H. Williams CA strategic Technology 100%
California Trade &, Comme!:'ce Agency 4b. Eric Rosenfeld
Office or Strategic Technology Joint Venture: Silicon Valley 75%
200 E. Del Mar, #204 4<:. Robert Sakai
Pasadena, CA 91105 Alameda County 75%
4d. Rohit Shukla
Los Angeles County 90%
48. Kurt Chilcott
C..ty of San Diego 75%
2b. TelephOne Number: S. Names of Key Organizations Participating
(818 ) 568 9437
. 2c. Fax Number (it any): Sa.C\ TCA, Office of stra.teaic Tech;OS
(818 ) 568-9962 5b.Bay .'\rea Regional Tedmology Alliance
2<1. E-Mail Adaass (il any); Sc.Los Angeles Econcmic Cevelounent Com..
OSTJARVIS@ATT~~IL.COM Sd. Ci tv of San Diecro, Econcmic Services Div.
28. Type at Business (SIC COde or other dasaiption): - 50.
All SIC Codes plus state & ~ocal Gov
3.. Federal Government Coat 5. Matching Funds over Base Period
3a. Base Cost and Duration (months): 1 2 rnont:hs 6a. Casn (S)~ 283 000
:lb. First Option Cost ana Duration (monlhs}4 , 7 50 ,000 12mo 6b. In.Kind c<>ntributions (51; 2,327,000
3<:. Saoond Ootion OJ.. ana Duration (monlhsl5 , 000 , 000 i 2m 6c. Types ot In--j(jnd Contributions: Salar; es r Rents . ServicE
3d. Base Period Match Percent Represented by TRP Funds: 46% Sd. Total Matching Funds (5); 7,600.000
7. Does 'This ProposaJ Involve f=!artjcioation by Foreic;n-Owned 8. ldsntity (if any) any Federal Agency or Entity that was Instrumental in
O'9""izalions? YES 0 NO ~ Formulating the ProposaJ Idea. T a8m. or Approach:
None
ABSTRACT
The Calif nia Goid Strike Program iiI establish a state-wide system of regional organizations to foster industriai
modernization through non-traditional partnering. Patterned after Pensylvannia's Ben Franklin program. the semi.
autonomous Gold Strike regional organiztions wili act as an intermediary among the industry. academia and
government stakeholders. Three Gold Strike regions have been established in the San Francisco Bay Area. the
Greater Los Angeles. and San Diego regions. These regions account for over 85% of the states manufacturing
base. Within these regions, a number of recent county defense conversion initiatives have been sponsored by
the US Department of Commerce. Economic Development Administration. These initiatives, and other
appropriate technology development organizations, have been merged to form a unified Gold Strike organization
within each region. A broad portfolio of regionai programs', will be or have been established under industry
leadership to focus on promising areas for industrial modernization. In the enclosed letter. Governor Wilson
proclaims his 50% cash match of the regional TRP requests and his support of the state program to coordinate and
interconnect the regional programs. $950.000 of additional cash has been pledged by industry.
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5114193
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< l TRP Cover Sheet 2: Proposal Participants
fUse as many copies as necassary to list all participants. IncludG entities listed on CoVElr Sh9EIt '.J
Proposal Trtlo: California Gold Strike Program
.....
a Name and Address of Participant 1 of :, d. Point of Contact. Organization, and Address:
Ronald H. williams Ronald H. Williams
CalifoITIia Trade & Carmerce Agency fsame)
Office of Strategic Technology
200 East Del Mar, #204
Pasadena, CA 91105
Check n: (Small Business OX HBCUIMI 0) (Foroign-owned D
(SmaD Disadvantaged Business (SOB) 0) e. E.Mai1 Adaess (if any): OSTJARVIS@ATl'MAIL.CDM
b. Telephone Number: (818) 568-9437 t T~ of Business (SIC code or other description):
c. Fax Numb<< (n any): (818) 568-9962 State Government; Technology Development
~ ~ !!!!!!! ~ -
a. Name and Address of Partldpant L of 5 d. Point of Contact, Organization. and Address:
Eric Rosenfeld Eric Rosenfeld
Joint Venture: Silicon Valley Netwo k (same)
111 Almaden Blvd., 4th Floor
San Jose, CA 95115
Check if: (Small Business 0)( HBCUIMI 0) (Foreign-owned D
(Small Disadvantaged Business (SOB) 0) 9. E-Mail Address (it any):
b. T elephooe Number: (408) 271-7215 f. Type of Business (SIC 0009 or other description):
c. Fax Number (it any): (408) 271 -7214 Industry Association (non-profit)
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a Name and Addr.ss ot Participant 3 of 5 d. Point of Contact. Organization, and Address:
Robert Sakai Robert Sakai
Alameda County (same)
Economic Development Advisory Board
1221 Oak Street, #555
Oakland, CA 94612
Check if : (Small Business 0)( HBCUIMI 0) (Foreign-owned D
(Small Disadvantaged Business (SDS) 0) 8. E-Mail Address (it any):
b. Telephone Number: (510) 272-3881 I. Type of Business (SIC code or other description):
c. Fax Number (if any): (510) 272 3784 C,wn+-u (', '" . ~ n, "
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a. Name and Address of Participant 4 of 'i d. Point of Contact. Organization, and Address:
Rohit Shukla Rohit Shukla
Economic Development Corp of LA (same)
6922 Hollywood Blvd. , Suite 415
Los Angeles, CA 90028-6124
Check jf: (Sm~1l Business D)( HBCUIMI D) (Foreign-owned D
(Small Disadvantaged Business (SOB) D) e. E-Mail Address (if any):
b. Telephone Number: (213) 462-5111 I. Type of Business (SIC cooe or other description):
c. Fax Number (if any): (21 3~-222i.. ~ Goveriiiij' ECiiimic DeVil.
Iiiiii --.
5/14/93
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TRP Cover Sheet 2: Proposal Participants
(Use as many copies 8S necossary to list all participants. InclL/CiQ entiUes listed on Cover Sheet'.J
ProposalTf1je:
California Gold Strike Program
a. Name and Address of Participant of d. Point of Contact. Organization. and Address:
Kurt Chilcott
City of San Diego
Civic Center Plaza
1200 3rd Avenue, #1620
San Diego, CA 92101-4178
Checlc ff: (SmaU Business OX HBCUIMI 0) (Foraign-ownod 0)
(Small Disadvantaged Business (508) 0)
b. ToIophono Number: ( 61 9) 236 - 6 5 5 0
c. Fax Numbar(ffany): (619) 236-6512
a. NaJ'1l8 and Address of Participant
of
Chaclc if : (Small Business 0)( HBCUIMI 0) (Foreign-owned 0)
(Small Disadvantaged Business (508) 0)
b. Telephone Number:
c. Fax Number (if any):
a. Na.me and Address of Participant
of
Chaclc if : (Small Business 0)( HBCUIMI 0) (Foreign-owned 0)
(Small Disadvantaged Business (508) 0)
b. T liMephona Number:
c. Fax Number (if any):
Kurt Chilcott
(same)
a. E.MaU Adci"ass (if any):
f. Type of Business (SIC code or other description):
City Government; Economic Planning
.,
d. Point of Contact. Organization. and Address:
e. E.Mail Address (it any):
t. Type of Business (SIC code or other description):
; _= ~~~~~.~.{'':'1-.___ ~~
Ii Point of Contact, Organization, and Address:
8. E.Mail Address (it any):
t. Type of Business (SIC code or other description):
~--,,'~4
~~.~i~_~ :.
.-=,!1 :
18. Name and Address of Par:ticipant
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i
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d. Point of Contact Organization. and Address:
: Check if: (Small Business 0)( HBCUIMI 0) (Foreign-owned D)
1 (Small Disadvantaged Business (SOB) D)
i b. Telephone Number:
c. Fax Number (if any):
~~:~"'-
e. E-Mail Address (if any):
1. Type of Business (SIC code or other description):
5I14/93
~ /,1_,/;,2
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GOVERNOR PETE VVILSON
July 21, 1993
Department of Defense
Department of Commerce
Department of Energy
National Science Foundation
National Aeronautics and Space Administration
Dear Technology Reinvestment Project (TRP) Reviewers:
The California Gold Strike Program establishes industry-
driven, regional technology centers in the San Francisco, Los
Angeles and San Diego areas. These areas comprise a significant
portion of the manufacturing base and are of enormous strategic
importance to the State and nation.
The program is modeled after the highly successful Ben
Franklin Partnership in Pennsylvania. The initial Gold Strike
partners include the State of California Trade and Commerce
Agency, the County of Alameda, Joint Venture: Silicon Valley,
Economic Development Corporation of Los Angeles County and the
City of San Diego. The partners have strong private industry,
labor, local government and higher education representation. The
Gold Strike Program provides a unifying, state-wide framework for
the broad array of technology development and deployment projects
being proposed across the State.
The California Gold Strike Program will provide a wide range
of services and resources including grants and loans, technical
assistance, information network and consortia building that result
in technology development and commercialization and industry
diversification. The success of the program will have a
tremendous impact for defense industry conversion and the economic
well-being and global competitiveness of the State of California.
I am committing a cash match of $2.25 million towards the success
of the California Gold Strike Program.
Sincerely,
p~~~~
PETE WILSON
SACRAME~O. CALIF~ ~:: ::11
The California Gold Strike Program
Executive Summary
Introduction. This proposal is submitted as an Alternate Deplovment Pilot Proiect in
the Reaional Technoloav Alliance Assistance Proaram. Gold Strike is submitted by a
partnership of the California Trade and Commerce Agency, officials of several county
and regional organizations and representatives of industry and industry alliances.
This proposal provides a unifying framework for the regional alliances and their
associated proposals to the Technology Reinvestment Project.
California's current economic downturn requires swift and effective action. The Gold
Strike program is founded on the objective of fostering collaboration among non-
traditional partners as the new paradigm of industrial competitiveness in the nineties.
The Gold Strike portfolios of programs all aim at that objective. The goal of Gold Strike
is to create 100,000 technology intensive jobs and 2,000 new enterprises in the
nineties.
In crafting a California-wide program, various state models of technology development
and industrial modernization were carefully studied. Pennsylvania's Ben Franklin
model, which calls for regional intermediary organizations in which industry-tailored
programs can be hosted, appears most relevant to California. Thus, California has
founded the Gold Strike program on a regional basis. The demographics of California
indicate three major area of industrial concentration. As announced in Governor
Wilson's letter above, the three Gold Strike regions are:
. The Bay Area region consists of five counties on both sides and south of San
Francisco Bay. This region is the target of recent base closures in Alameda County.
The region is also home to the financial centers in San Francisco, the traditional
manufacturing base of the East Bay, and the electronic entrepreneurs of Silicon
Valley. It is a region of unparalleled intellectual innovation successfully translated into
industrial strength.
. The Greater Los Angeles region consists of most of six counties that lie roughly
inside the mountains surrounding Los Angeles. This region is home to over 90% of
California's aerospace prime contractors and their extensive network of tiered
vendors. It is being hit hard by defense cuts. The region provides 1.1 million of the
state's 2 million manufacturing jobs, the large majority of which are in small- or
medium-sized firms. Like the Bay Area region, this seamless industrial region is also
home to a number of world class universities and federal laboratories.
. The San Diego region lies within the San Diego County, south from Camp Pendelton
to the Mexican border. This region has been racked by defense reductions and
industry restructuring. The San Diego bio-medical and communications industry
clusters resemble Silicon Valley's high tech clusters and likewise offer defense
conversion opportunity.
p
Gold Strike - Executive Summary
/:2 ?f'l
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State of California. The State will ensure that regional programs are coordinated
and leveraged among the regions. The State will assist regional management in
resolving governmental matters and will inform Sacramento officials of regional
industry issues and opportunities. They will also assist the regions in seeking
leveraging funding from all sources. Subsequent state funding of Gold Strike regions
will be annually distributed and adjusted on the basis of the region's level of industry
activity and the success of the program in enhancing industrial competitiveness. The
State will also publish a detailed case study each quarter on a pilot project analyzing
the results and providing all interested parties with lessons learned.
Existing industry associations and economic development organizations will act as
industry-responsive intermediaries to administer their regional portfolio of programs.
The boards of directors of these organizations represent key industry, technology
resource, and government executives within the regions. The regional organizations
provides industry's voice regarding needs and manages the portfolio with the flexibility
and pace of a business. The board and the staff will invest funds on the. basis of
expected..return in terms of enhanced industrial competitiveness.
Bay Area Regional Technology Alliance; BARTA. This organization
represents a merger of the industry-led Joint Venture: Silicon Valley and Alameda
County's Economic Development Advisory Board. The BARTA proposes a
cooperative public-private initiative to help deploy new technologies to create new
enterprises and new jobs. The goal of the BARTA is to exploit the region's
unparalleled assets in technology providers (universities, national laboratories) .
industry (biotechnology, aerospace, electronics and information technology) and
financial resources (venture capital) to offset the current downturn. BARTA will create
new, environmentally benign industries with large revenues and job potential and a
supporting regional infrastructure to perpetuate positive growth. BARTA proposes to
create an electronic network for over 600 participating firms and organizations to
provide assistance in technology partnering, technical consulting, education and
training. BARTA will foster the development of new clusters of industry in the
information technology, biotechnology and environmental sectors. BARTA will
provide retraining for displaced defense workers and for defense workers who need
retraining to work in new industries emerging in the region. BARTA will assist
entrepreneurs and small businesses through coaching, linkages, forums and other
assistance as required. The first year objective of BARTA is to form 115 technology
partnerships, spawn 130 new businesses and create 7,000 high quality jobs.
Los Anaeles Reaional Technologv Alliance: LARTA. In the Greater Los
Angeles region, the Gold Strike regional organization will be a broadening of the Los
Angeles County Economic Development Corporation's purview to include the the
adjoining counties in the region. With funding support from the US Department of
Commerce, Economic Development Administration, the LA EDC has pioneered this
model of community defense conversion activities among similar efforts throughout
the nation. The LART A will foster and coordinate regional technology consortia and
related programs in the Los Angeles region. The goal of the alliance is to create new
industry, products and employment in the region via cooperation between industry,
government, academia, and research organizations.
. ~ '. Gold Strike - Executive Summary
j}--$ /;2 /,,~
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, ,
The overall objective of the Alliance and its associated proposal is to create 1 ,000
new business enterprises and 50,000 technology jobs over a five year period. The
Los Angeles portfolio includes the Product Development Partnership which provides
a range of services and resources to businesses and entrepreneurs. The Green
Manufacturing Pilot Program assists companies to innovate to meet strict
environmental regulations in a competitive manner. A third portfolio program,
Consortium Building, provides proactive services and early management of high
impact industry consortia. The Partnership plans to assist 100 small to medium sized
companies in year one through technical assistance, loans, access to experts and
help in securing permits. The Green Pilot Program plans to assist up to 50
companies re-engineer their operations to meet strict pollution standards. The
Consortium Building Program will foster five high impact consortia which will
establish or expand industrial enterprises in the Los Angeles region.
San Dieao Regional Technoloav Alliance: SANDRTA. In the San Diego
region, local stakeholders, stJpported by the US Department of Defense, Office of
Economic Adjustment and the California Trade and Commerce Agency, provided for
the establishment of the High Technology Resource Center and associated
programs. Led by the City of San Diego, a regional Board of Directors is being
formed to guide the Resource Center whose portfolio includes the San Diego City
College Incubator and seed capital fund, CONNECT high tech network, San Diego
Supercomputer Center outreach, Naval Command Control and Ocean Surveillance
Center semiconductor and electric vehicle initiatives, and Southern County
Environmental Technology Center. This newest and smallest of the regions is
providing computer aided design retraining and job placement services to 2500
unemployed aerospace workers.
Manaaement. To accomplish the Gold Strike objective of fostering industrial
collaborations among non-traditional partners, those players must be drawn together
and offered the role of stakeholder. The primary stakeholder in the Gold Strike
program is industry. Industry's role is to articulate their needs and guide the process
in forming new linkages and organizations to be used for launching new products
and enhancing competitiveness. Industry will assume leadership in the regional
organizations through a majority voting position on each of the Boards of Directors.
Gold Strike recognizes that some regions of the State may not be included in the first
year. The three regional alliances will offer the opportunity for any company in
California to participate and will incorporate additional regions as they evolve. The
regional alliance will facilitate the formation of new consortia and initiatives and
provide access to new capital sources.
The Trade and Commerce Agency will provide a small staff for the purpose of
coordinating the regional portfolio programs and spinning off to the regions programs
that are currently managed at the state level, such as the Competitive Technology
Challenge Grant program. To promote local ownership and industry leadership,
these programs will be wholesaled to the regions rather than retailed on the state
level. The Gold Strike staff will also ensure close regional coordination with another
state-wide program, the California Manufacturing Excellence program, currently co-
sponsored by a planning grant from NIST. This program features a network of three
MTCs which, by design, are also located in each of the three Gold Strike regions.
~
Gold Strike - Executive Summary
~ )2--;;6
The university and federal laboratory researchers directly participate in technology
commercialization and industry sponsorship. In addition to a world class system of
universities, California is host to numerous federal laboratories with defense, space
an,d energy agendas. This rich base of technology is thoroughly integrated into the
regional alliances.
The role of governments at all levels is to incentivize and facilitate a new wave of
industrial development. Federal departments are being solicited for funding support
of portfolio programs that match department missions. On the state level, the Trade
and Commerce Agency intends to provide continued support for successful regional
programs. Industry-relevant metrics that attest to activity level, industry impact, and
quality of service will be used to set and adjust funding levels among the regions.
Fundina Budget and Cost Share. The objective of Gold Strike is to be self-
sufficient after a five year period. The State and the Regions will take a venture
capital approach to assisting industry and will keep their cost structure very low.
Bureaucracy will be kept to a minimum.
The State requests $4,750,000 from TRP for the first year. The State will provide a
cash match of $2,250,000. The regions will provide a match of over $3,000,000. The
overall budget figures are shown below with details in the Cost Proposal. The State
program is to be administered by the Trade and Commerce Agency, Office of
Strategic Technology, OST, which is also providing the state cash match. The TRP
request represents 46% of the total 1994 program. The excess match includes
$1,000,000 from industry in hard, spendable cash. Gold Strike is a truly viable
partnership among government, academic and industrial stakeholders.
State Bay Los San Totals
ProQram Area Anaeles Diego ($K)
TRP Cash (46%) . 500 2,000 1,250 1,000 4,750
OST Cash 250 750 750 500 2,250
OST In-kind: 250 250
Reaional Cash 950 83 1,033
Regional In-Kind: 500 750 827 2,077
Totals 1,000 4,200 2,750 2,410 $10,360
ProDosal Oraanization. There are five sections body of the proposal that follows:
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
The State proposal,
The Bay Area regional proposal,
The Los Angeles regional proposal,
The San Diego regional proposal.
Statement of Work
I! Gold Strike - Executive Summary
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Section 1: the State Program
1.. Target Population. (a) The target population of the California Gold Strike
Program is the entire manufacturing base, some 50,000 firms, of the state of
California. This broad and diverse industrial power, at $760 billion GSP, is
equivalent to the seventh largest economy in the world. To devise a portfolio of
industrial modernization and technology development programs for such a diverse
and distributed population, and to manage it effectively from the state capital in
Sacramento, is clearly improbable, Thus, the California Gold Strike Program has
been established on a regional basis.
There are three obvious demographic regions in California in which an excess of
85% of the State's manufacturing firms are located, They are the San Francisco Bay
Area region, the Greater Los Angeles region and the San Diego region. These
regions are separated from one another and have unique industrial demographics.
(b) & (c) Extensive and innovative methods have been used to understand the
trends, needs and future opportunities for the small- and medium-sized
manufacturers of the three Gold Strike regions. These efforts have been funded by a
variety of sources, such as:
. Local industry in the Joint Venture: Silicon Valley Phase II Diagnostic Report.
. U.S. Department of Commerce/Economic Development Administration, EDA,
as in the case of the Los Angeles Aerospace Task Force report,
. California Trade and Commerce Agency in the San Diego Economic
Adjustment Study
Industry has shown a general consensus among the top level issues relating to
providing a more fertile environment for business; e.g., lower cost of doing business,
more certainty and efficiency in regulatory matters, availability of capital, workers
compensation costs, etc. However, in addition to these general issues, industry's
needs vary dramatically between industries and between regions. This regional
need documentation is providing the initial agenda and point of embarkation in the
development of a regional portfolio of industrial modernization programs.
(d) Although the defense industry is prominent in each of the three Gold Strike
regions, the deployment of individual defense specialties varies. While California's
famed airframe manufacturers are absent in the Bay Area, for example, battlefield
vehicle manufacturing appears nowhere else in the state. Microelecrtronic chips are
built in Silicon Valley for incorporation into navigation systems locally, avionics and
weapons systems in the Los Angeles and San Diego regions, and commercial
equipments around the world. In the bio-medical industry, drugs are brought to
market in the Bay Area and in San Diego while medical instruments emerge from
Orange County in the Los Angeles region. This variegated deployment of the sub-
sectors of California's industries, as well as the sheer industrial densities in those
regions, leads to the clear conclusion that the California Gold Strike program is most
appropriately managed on a regional basis.
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Gold Strike - State Program
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~ Defense Conversion. Dual-Use Imoacts. (a) If the three Gold Strike
regions have anything in common, it is their number 1 problem, the impact of defense
and space budget reductions. Over 200,000 defense-related jobs have been lost in
recent months in California, nearly all of which have occurred with devastating effects
in the three Gold Strike regions. The problem exists in the regions and it is there that
the solutions must be individually and effectively developed. The Gold Strike regions
are currently designing and implementing programs for bringing private capital and
commercial market access to the rich lode of publicly-financed military technology
that has been so judiciously husbanded within the defense companies and their
networks of suppliers. It is time to mine the gold by providing mechanisms for
profitably commercializing these military technologies and products.
(b) & (c) No single program is likely to adequately serve the cause of defense
conversion. The more productive approach is to offer a portfolio of programs that
begin to integrate the aerospace industry into the commercial mainstream. Gold
Strike has postulated that regional defense conversion programs should be
beneficial to, and thus lead by, industry. The regions are becoming laboratories of
defense industry competitiveness, in which various models are tried and carefully
documented for application elsewhere. The regional management acts as a catalyst
to explore and promote new forms of public and private collaboration in which the
participants are the stakeholders. Despite the historical difficulties of defense
conversion programs, a number of successful examples of regional defense industry
initiatives are underway and are described in the three regional sections that follow.
;L Technologv Sources. In the case of defense conversion programs,
what the aerospace industry needs more than technology sources is new linkages
with and access to commercial markets and private capital. The regional programs
stress networks and forums which facilitate new partnerships among aerospace
primes and their vendors, as well as defense firms with specific technologies and
commercial firms in promising markets (such as environmental, biomedical and
advanced transportation). Clearinghouse networks are underway in all three regions
to enhance commercial access to these potential dual use technology partners in the
defense industry, see Sections 2, 3 and 4.
In the case of manufacturing extension programs, however, the technology
resources in public institutions are critical. A state-wide plan, called the California
Manufacturing Excellence Program is under development and is co-sponsored by
U.S. Department of Commerce, NIST. This program directly couples the state's
universities and federal labs to industry's needs.
Regarding the technology sources themselves, California has invested heavily
and successfully in developing world class institutions devoted to cutting edge and
applied research. In the Bay Area region, Stanford, the Universities of California at
Berkeley, San Francisco and Santa Cruz, San Jose State University along with a
number of other state universities and community colleges provide an awesome
network of available technology resources that is both complementary and
convenient. In the Los Angeles region there is UC at Los Angeles, Santa Barbara,
Riverside and Irvine, USC, Caltech, four state universities and several community
colleges. In the San Diego region there is UC at San Diego, and a number of state
universities and community colleges.
if
Gold Strike - State Program
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Added to this catalog of available technology sources are the federal laboratories
located within the three Gold Strike regions. The Lawrence Livermore and Sandia-
West Department of Energy laboratories are vigorously developing creative and
fruitful relationships with industry in the Bay Area region. The NASA labs at Ames
and JPL have likewise added new emphasis to their existing technology transfer
activities in their respective Bay Area and Los Angeles regions. The Navy's NRAD
lab brokers its C3 technologies to San Diego's industrial community and the Navy's
China Lake lab seeks to open an industry incubator in the high desert region. These
federal laboratories with active industry liaison organizations have been formally
engaged with various agreements as stakeholders in the regional technology
alliances. More importantly, laboratory personnel participate directly in regional
technology consortia and networks with members of industry.
~ Delivery Mechanisms. (a) & (d) If a state-wide industry
competitiveness program is run from the state level, the program effectiveness can be
measured directly from the results obtained. However, such programs consist of
separate grants to individual service providers for specified services. These grants
conform to detailed state terms and conditions. Thus, attention is given to the
compliance to the 1's and C's while measuring of overall effectiveness of the program
becomes an occasional legislative inquiry. In departing from a centralized state
program approach, Gold Strike is implementing an innovative system of program
evaluation. The Gold Strike funding will be provided to the three regions on a
partially competitive basis. Following the lessons learned in such state programs as
the Ben Franklin Partnership, the regions will function as financial intermediaries.
That is, the state will establish a non-traditional relationship with the regions in which
the annual Gold Strike funding will be directly tied to the effectiveness of delivery
system. Effectiveness will be scored in terms of industry-relevant metrics to include:
Reaional Activity Focus
. Number of jobs created/retained,
. Number of employee upgrades
. Number of declining industry retrainees,
. Productivity enhancements, e.g., return on assets, reduced costs, etc,
. New products launched,
. New companies created,
. Public-private networks created,
. Industry consortia created,
. Enabling processes or materials made available.
Financial
. Amount of industry support and private capital attracted,
. Amount of government and institutional support attracted,
. Center overhead rate (how small),
. Leverage of Gold Strike money,
. Loan repay ratio.
Best Effort Required
. MEBE/WEBElDVBE participation,
. Small business outreach.
~ Gold Strike - State Program
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These metrics are appropriate measures of effectiveness and will allow the
regions the flexibility to tailor their programs specifically to their unique industrial
needs. No state T's and C's. These metrics will be systematically compiled and will
be the basis for reporting on this Regional Technology Alliance program to the TRP
and to the State. These are the results-oriented criteria that firms would impose upon
themselves. In short, it is government operating like a business.
(b) A number of industrial competitiveness programs are underway in the state
that are the result of EDA planning grants to county organizations within the three
regions. A number of other EDA grants are in the works as a result of the observed
success by neighboring counties. The central feature of these efforts has been the
county's leadership in establishing networks, forums, consortia, councils and
partnerships with the appropriate public- and private-sector stakeholders. The EDA
has stressed throughout the new paradigm of industrial competitiveness through
public-private collaboration. The EDA-sponsored programs in Los Angeles and,
soon, in San Diego form the nucleus of their respective Gold Strike regional
organizations. .
(c) Business transactions such as a dual-use technology commercialization
projects frequently move promptly though the stage of verifying (or not) the
commercial market viability of a military technology. The non-technical issues of
arranging and capitalizing a dual use business partnership have tended to be more
complex. Intellectual property rights are among those complex issues. In the Gold
Strike regions, there is much relevant experience in these matters. The obvious case
is Silicon Valley, one of the most competitive and entrepreneurial marketplaces on
earth. One of the six JV;SV infrastructure initiatives is the Enterprise Network which
specializes in assisting start-up companies with intellectual property and other legal
and financial matters. Indeed, within a one mile stretch of Page Mill Road in Palo
Alto, resides a significant fraction of the nation's legal and venture capital capability.
~ Manaaement Experience and Plans. (a) The State's objective in
initiating the Gold Strike Program is to help the regions to build an infrastructure
devoted to the enhancement of industrial competitiveness and the steady creation of
new, self-sustainable jobs. Gold Strike has established a goal of creating 100,000
new, globally competitive jobs over the next five years. The state's Gold Strike
management plan is matched to that goal.
Like the Ben Franklin Partnership, the proposed state level organization is lean
and distributed. In addition to an unpaid Board of Directors, a Gold Strike director
and a staff of one administrative, three liaison personnel, and one network specialist
will comprise the entire state Gold Strike staff. The staff's functions will be to: (1)
channel state funds into the regions according to their activity level and success; that
is, according to the Gold Strike metrics, (2) provide documentation and regional case
studies to the TRP program, to include lessons learned and recommendations, (3)
provide a Sacramento connection to the regions; that is, maintain a current action list
of industry's critical issues for the legislative and executive branches of state
government, and (4) to provide inter-regional coordination and access for portfolio
programs.
~ Gold Strike - State Program
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(b) The Gold Strike Director will be Mr. Ronald Williams. Williams has had a 27
year career in aerospace industry; Hughes Aircraft, General Dynamics, and Rockwell
International. For the last three years, he has been the deputy director of the Office of
Competitive Technology, (CompTech), under the Trade and Commerce Agency.
While at CompTech, Williams studied the array of state economic development
models and from that, laid out the guidelines for the proposed Gold Strike program.
The Gold Strike program, along with a restructured CompTech Office, now called the
Office of Strategic Technology, OST, was funded with "new money" by the state
legislature and Governor Wilson in a difficult deficit year in which most programs
suffe red seve re cuts.
The Gold Strike program is funded at a level of $2.5 million in this, the first year of
operation. This funding, and a like amount for the indefinite future, is part of the new
OST budget. And all but $250K of the $2.5 million is going directly to the Gold Strike
regions. The director of OST is Mr. Steve Jarvis who, until this year, had also spent
his career in the aerospace industry. The Trade and Commerce Agency is led by
Secretary Julie Meier Wright, who, prior to her appointment by Governor Wilson last
year, had also spent her career in the aerospace industry. The Gold Strike chain of
command is industry bred and defense industry savvy.
(c) Still to be hired are the three Gold Strike liaison personnel. These persons
will be selected for their experience and skill in dealing with multi-faceted
organizations and team building. While they will have a role in keeping the metrics
reporting honest, they will also endeavor to be a valued member of the regional team
whose aim is to make thing happen, in Sacramento and elsewhere, for the benefit of
industry. Since no state civil service slots exist for these positions, the Gold Strike
personnel will be employees of the California State University Foundation, under an
existing contract with Trade and Commerce Agency.
(d) Two non-traditional organizational approaches differentiate the Gold Strike
program from other similar programs. First, regional organizations act as financial
intermediaries for the execution of a state-funded program, thereby reducing
paperwork and conflicting agendas. And second, the establishment of industry
impact metrics on which subsequent funding is based. These metrics represent a
paradigm sfl.i.fl jolt in government contracting. The Gold Strike metrics directly links
the region's level of activity and customer satisfaction to next year's money. No other
known system of management and control keeps the organization's end objectives so
clearly visible and ever relevant. It is built-in TOM.
(e) & (f) A Gold Strike Board of Directors will be appointed by Governor Wilson
and the legislature, as well as industry representatives from each of the regions.
Industry will provide the majority of the Board's membership and the chairperson.
This board will be paid travel expenses only and will meet regularly to provide
program guidance regarding objectives and opportunities and well as control over
operations. The key responsible individual for program operations will be the Gold
Strike director along with his staff and management in the Office of Strategic
Technology and the Trade and Commerce Agency. Industry involvement in Gold
Strike, to an unprecedented level, is a given. Indeed, Gold Strike funding metrics
require demonstrated industry involvement, support and benefits.
~
Gold Strike - State Program
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6.Fundina. Budaet and Cost Share.Overall Gold Strike Budget
State Bay Area Los Angeles San Diego ,otals ($K)
prooram
TRP Cash (46%) 500 2,000 1,250 1,000 4,750
CST Cash 250 750 750 500 2,250
CST In-kind 250 250
Regional Cash 950 83 1,033
Regional In-Kind 500 750 827 2,077
Totals 1,000 4,200 2,750 2,410 $10,360
~ State program budget is assumed to remain constant or increased for
calendar years 1995 and 1996. State commitment to Gold Strike will remain even if
no future federal funding is available. Budget detail is in the Cost Proposal.
L Accessibilitv of Services and Documentation. (a) The Gold Strike
program is in the business of providing services to manufacturers, small or large, high
tech or low, anywhere in the three regions. To deny participation to any manufacturer
on the basis of some bias is self-defeating to our own operational goals. Electronic
networks will provide staff cross-fertilization in order to become "access experts" by
providing a comprehensive referral services at all points of entry.
(b) A Gold Strike Quarterly Report to the Stakeholders will be published by the
Gold Strike staff to document the results to the diverse programs in the three regions.
Particular attention will be paid to the lessons learned and the opportunities for
expansion elsewhere. The Gold Strike Quarterly will catalog the growing list of
available regional resources and will be distributed to California businesses. In
addition, a series of rolling regional conferences will be held to coordinate and cross-
fertilize the regional staffs with each others projects. These informal and inexpensive
day meetings will be hosted by the regional centers in rotation. Attention will be paid
to seizing opportunities for leveraging and upgrading existing projects with new
linkages and new approaches.
.!L. Coordination and Elimination of Duplication. In establishing
regional organizations, experience and a compelling vision are necessary to bring
about change. Although much work needs to be done, much has been
accomplished. The CompTech office has had five years of experience in facilitating
public - private collaboration in such projects as the California Manufacturing
Excellence Program, CMEP. This work began in January of 1993 under a $100,000
planning grant from NIST/STEP and is being closely coordinated with the Gold Strike
regions. This is a state-wide plan for unifying the institutions of higher education
under a common plan to deliver industrial modernization services to the state's small-
and medium-sized manufacturers.
The need for the Gold Strike program in California is extraordinary. The State is
being savaged with base closure job losses. Defense budget reductions and
defense company restructuring is causing massive unemployment and under-
employment. Other states have suffered thus. It is time for California to forge a
strategy among government and industry to create a newly competitive future.
"Yr
Gold Strike - State Program
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Section 2. Bav Area Realonal Technoloav Alliance
Introduction
Joint Venture: Silicon Valley, in alliance with the Alameda County Economic Development
Advisory Board, is pleased to join the State of Califomia and the regions of Los Angeles and San
Diego in submitting this proposal for designation as the Bay Area Regional Technology Alliance
(BARTA), as part of the Gold Strike Program. BARTA, a partnership of the Joint Venture: Silicon
Valley Network (JVSV) and the Alameda County Economic Development Advisory Board
(EDAB), is well positioned to promote the transition of the region's defense technology base to
dual-use and commercial opportunities.
The JVSV Network Board of Directors will serve as the fiscal agent for BARTA and in
conjunction with EDAB will establish a BARTA Steering Committee. The BARTA Steering
Committee will establish policy for BART A, approve funds for distribution, and monitor and
evaluate program activities. The BARTA Steering Committee will report program outcomes on a
quarterly basis to EDAB, JVSV, TRP and Gold Strike.
JVSV was established in January 1992 by a group of Silicon Valley industry, govemment,
community, and education leaders to promote the transition and continuing competitiveness of
the finms and workforce in the 4-county Silicon Valley region (Alameda, San Mateo, Santa Clara,
and Santa Cruz Counties). JVSV completed a "Phase I" strategic audit of the regional economy
in June 1992. The Phase II collaborative problem-solving process resulted in the publication of
the Blueprint for a 21st Century Community in June 1993, and the JVSV Network was
incorporated as a 501 (c)6 non-profit organization in June 1993 to implement the Blueprint in
Phase III. More than 1,200 people actively participated in the Phase II problem-solving
process, contributing an estimated 126,000 hours of time. JVSV is governed by a board of 25
business, governrnent, education, and community leaders from throughout Silicon Valley. A 100-
member Leadership Council is assisting with the implementation of the 13 major initiatives. In its
first year, the consortium raised cash contributions totaling more than $1.5 million from 94
companies and organizations. Public- and private-sector contributions totaling $3.5 million are
expected for Phase III implementation efforts.
EDAB was founded by government, business, labor, education, and environmental leaders in
response to the economic and defense challenges facing the region. Its 42 member board
represents Bay Area leaders committed to improving the econornic competitiveness of the region.
Since 1990 EDAB been a problem solving organization dealing with base closures, industry
development, and environmental problems affecting the business climate. EDAB was selected
in 1992 as the model for economic development groups throughout California by The Peter
Uberroth commission studying the state's economic competitiveness. The collaboration of EDAB
and JVSV to form BARTA ensures that a large portion of the region's economic, technical,
educational, and financial resources will be brought to bear to facilitate the transition of the Bay
Area's defense firms and workforce.
Criterion 1: Target PODulation
The Bay Area Regional Technology Alliance's target population is the people,
companIes, and Institutlons in the regIon's transforming and emergIng industry
clusters. The Silicon Valley region, the hi-tech and industrial heart of the Bay Area, hosts a
unique combination of industry clusters that are particularly well suited as a base for an effective
transition of defense technologies to commercial opportunities (see Figure A). The region has
three major transitioning clusters that have long been the backbone of the economy and are now
in a process of transitioning: defense/space, computers/communications, and semiconductors.
Silicon Valley is also home to at least three emerging clusters: software, environmental
technologies, and bioscience. The target population to be served by the Northem California
Regional Technology Alliance includes:
~
Gold Strike - Bay Area
~ J2~?i
Fig. A Evolution of the Bay Area's Defense/Space Industry
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COMMERCIAL SPACE)
DEFENSE SPACE SYSTEMS l
NAVIGATION & POSmONING
EQUPMENT
......:.::::::,,:;:..:.:.:.:.:.:.:;:...
COMMUNICATION
SYSTEMS
( MOBiLE COMPUTING l
( SOFTWARE l
ADVANCED
COMPUTING
ALTERNATIVE
TRANSPORTATION
'))I;~"!)IIIII~i
BIOMEDICAL
ENVIRONMENTAL &
SENSING
TECHNOLOGIES
Defense and space companies--More than 200 defense contractors and 3,000 second-tier
suppliers in the Silicon Valley face the challenge of transitioning to dual-use and commercial
markets in the post-Cold War economy (SRI International, 1991). Santa Clara County
receives more prime contract defense dollars per capita ($2,798 in 1991) than any other
county in California.
Defense and space workers--More than 190,000 people are still employed in defense-
dependent and defense-related jobs in the 4-county Silicon Valley region, a large portion of
whom need assistance in refocusing their skills (DRI/McGraw-Hill, 1991). Tens of thousands
of these displaced scientists, engineers, and technicians have not been able to find
comparable employment and many have already left the area.
Displaced workers-Spending reductions and base closures have resulted in the loss of
more than 28,000 defense-related jobs since 1988 (DRI/McGraw-HiII). With further federal
spending cuts expected and the planned closure of 6 military installations in the area, an
additional 40,000 jobs could be lost in the next three years.
~
Gold Strike - Bay Area
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Criterion 2: Defense Conversion. Dual-Use Imoacts
The Bay Area Regional Technology Alliance will provIde a substantial Impact In
advancIng defense conversion objectives, and facilitating the economic conversion of
the region. It will provide new dual-use and commercIal partnering opportunities,
increase the rate of new business formation, retaIn jobs, and provide new avenues for
hIgh-quality employment In growth IndustrIes.
Develop new technologies--The region will be able to use its existing defense
technology base as a platform for creating new technologies with both commercial and
defense applications. An estimated 115 additional technoloay oartnerships are
anticipated to form in the first year of TRP funding.
Spawn new Industrles--As the people, companies, and institutions in Bay Area's
defense base transition and link to commercial activities, entirely new companies and job-
generating industries will emerge. An additional 130 new businesses in emerging
industries will receive criticai assistance from BARTA in its first year of TRP funding.
RetaIn and create jobs--A primary objective of BARTA is increasing the region's per
capita income through the creation of a high-multiplier, "quality job chain" stemming from
technology-based, export-oriented industries, In its first year of TRP funding, it is
expected that the region will be able to retain or create 7.000 hiah Qualitv iobs.
Criterion 3: Technoloav Sources
The three maIn sources of technical expertIse are the eight major R&D institutions in
the region, the community organizations and thousands of innovative private sector
companies in the region.
Access to Local R&D Institutions
The interaction and mutual interdependence between research institutions and local defense,
commercial, and financial industries in Silicon Valley is unmatched anywhere in the world.
Lawrence Berkeley Laboratory, Lawrence Livermore National Labs, the NASA-Ames Research
Center, Sandia National Labs-California, .SRllnternational, Stanford University, the Stanford
Linear Accelerator, the University of California-Berkeley, and the University of California-San
Francisco are all within an hour's drive of each other.
Access to Community Resources
Each initiative and program described is governed, managed, and supported by existing local
. organizations and firms that have corne together to provide services that are not currently
available on the scale needed.
Access to Professional Staff
BARTA activities will be supported by a core of nine economic development professionals
already working on BARTA projects. In addition, many of the JVSV and EDAB initiatives
employ their own staff with specific expertise in the initiative's area of focus.
Criterion 4: Delivery Mechanisms
The Alliance will provide specialized and coordinated infrastructure services that will promote
defense transition and the development of new dual-use and commercial technologies. The
delivery mechanisms for the four Interrelated infrastructure services are described below.
Electronic Networking
The electronic networking component is targeted at building a community information infrastructure
that facilitates communication and interaction between industry clusters and across regional
networks of supplier firms and organizations. One deliverv mechanism is an electronic bulletin
board and wide-area network that is currently being designed by PC World Magazine and the
United Systems Operators Association. This initial wide area network will interconnect initiatives
and will provide a common communications infrastructure for firms and organizations in the region.
Once in place, the Silicon Valley Net will allow firms to gain on-line access to the organizations
~ Gold Strike - Bay Area
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and resources that can offer assistance in such areas as technology partnering, technical
consuiting, education and training, and business and financial assistance. A larger, region-wide
information infrastructure is being created through the CommerceNet initiative, a 501 (c)6
organization submitting an associated proposal.
The Information Technology Center will provide services in maturation, integration, prototyping,
and transfer of a broad range of information technologies supporting computer-integerated
enterprises. Three primary capabilities that will be provided are electronic process and product
development, electronic support for commerce generally, and advanced simulation and modeling.
High-speed data communication; parallel computer architectures; data base interoperability; multi-
media input/output, storage and retrieval; and intelligent design are among the enabling
technologies from academe, federal laboratories and industry to be evaluated and integrated at
the center. These services will be regionally accessible through the CommerceNet.
Technology Partnerlng
BARTA will use Regional Technology Alliance funds to continue to step-up its technology
brokering and partnering services. The primarv delivery mechanisms will be service centers and
consortia. including the Defense/Space Consortium the Environmental Partnership. the Silicon
Vallev Technolooies Corporation. and the Biotechnoloav Consortium. The Silicon Valley
Defense/Space Consortium, a 501 (c)6 organization, has been active in providing partnering
services for firms and research institutions within and across cluster groups to develop dual-use
and new commercial technologies. TRP funds would allow JVSV to sponsor quarterly
Technology Partnering Workshops, like the one held in May 1993 that attracted 220 of the
region's scientists and engineers, to encourage collaborative research, development, and
engineering between the defense and commercial communities. To date, JVSV has helped
spawn over 15 teChnology development partnerships and consortia in such areas as health
care information systems, wireless communication, electronic commerce, environmental
technologies, and transportation technologies. BARTA will support technology partnering
between regional technology suppliers (national iabs, research universities) and local industry,
through the formation of new partnerships and consortia.
Retraining and Job Placement
BARTA will promote large-scale defense retraining and job-placement efforts in the Bay Area,
such as the program being developed by JVSV. NOVA-PIC. and the 21st Century Workforce
Initiative. and the orogram beina developed bv the Workforce Education and Training Center.
These two programs will be the key delivery mechanism focusing on the workforce needs of the
region's restructuring economy.
Entrepreneurial Assistance
BARTA will use Regional Technology Alliance funds to assist entrepreneurs and small
businesses, including those started by displaced defense workers and spun-off from defense
companies. The Enterprise Network ITEN--JVSV) and the Business Development Proaram
IEDAB). the orimarv deliverv mechanisms for entreoreneurial assistance. are working to facilitate
key linkages between entrepreneurial ventures and the critical financial, technical, and business
resources needed to increase the rate of new business formation and success in the Bay Area.
EDAB has been engaged in a variety of entrepreneurial assistance and business development
support since 1990. TEN, for example, is using five vehicles to promote and support
entrepreneurship in Silicon Valley:
Spin-off and joint venture support--Spin-offs and joint ventures within the defense
and commercial sectors are assisted in finding technical, business, and financial resources
and collaborative partners during their start-up stage.
Face-te-face coachlng--Entrepreneurs and enterprises are personally directed to the
appropriate resources needed at their specific stage of development.
~ Gold Strike - Bay Area
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Entrepreneur forums--These forums provide an opportunity for entrepreneurs to
present their business ideas, plans, or problems for review, feedback, and direction to a
selected panel of executives with related industry and functional expertise and access to
personal networks.
Industry & business forums--Industry-specific forums provide entrepreneurs and small
business operators with the opportunity to query industry leaders on the challenges that
face them. Business forums led by recognized business experts will cover topics specific
to starting, financing, and growing a new business (e.g., Financing a Dual-use
Technology Start-up, Successfully Negotiating Technology Transfer Agreements,
Developing Strategic Marketing Alliances).
The Enterprise Network Calendar--A current calendar listing of TEN's and other local
networking, business, and educational programs and activities supporting start-ups and
small businesses. Activities include workshops, seminars, university and college
courses, community programs and classes, conventions, professional and trade
association meetings and networking functions.
Criterion 5: Management Exoerience and Plans
Oversight for the Bay Area Re\lional Technology Alliance will be by the BARTA Steering
Committee which will be compnsed of six members, three from JVSV and three from EDAB. The
JVSV Network Board will seNe as the fiscal agent for the program. A memorandum of
understanding will join EDAB, JVSV, and any future partners participating in BARTA. The MOU
will outline the BARTA Steering Committee's responsibilities for program oversight,
administration, policy, funding, monitoring, and evaluation. The shaded initiatives in Figure B
represent the main areas of the JVSV Network supporting defense transition and dual-use
technology development that will be participating In BARTA.
EDAB program responsibilities include: The Information Technology Center, The Environmental
Technology Center, The Livermore Manufacturing Outreach Center, The Biotechnology
Consortium, the Workforce Education & Training Center, and the Business Development
Program. Consortia building, incubator development and other business and job creating
activities will be initiated and supported as appropriate.
~ Gold Strike - Bay Area
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Figure B: The Joint Venture: SilIcon Vailey Network
Qualifications
JVSV and EDAB are well-positioned to serve as a Bay Area Regionai Technology Alliance.
State-of-the-art approach--JVSV represents a new model in regional defense
transition strategy in terms of scale (600 firms/organizations and 1,200 individuals), scope
(five industry cluster initiatives, eight economic infrastructure initiatives), and structure
(public- and private-sector leadership). Alameda County has been recognized by
California as a model for its approach to economic development.
Quality and depth of leadership--The BARTA Steering Committee will be co-chaired
by representatives from JVSV and EDAB. The JVSV Network and EDAB's Board of
Directors will provide leadership and management integrity to BARTA.
Extensive experience--The JVSV Network is staffed by four economic development
professionals with 30-years of combined experience working together on large,
community-wide strategic planning processes on behalf of SRI International (formerly the
Stanford Research Institute) before joining JVSV full time. In addition, each JVSV initiative
employs its own staff with specific expertise within each initiative's area of focus. EDAB
is staffed by seven economic development professionals with an average of 15 years of
public and private economic development experience.
Industry invoivement--Silicon Valley industry cash contributions to JVSV in FY93
totaled $1.5 million. JVSV anticipates $3.5 million in revenues from the private sector in
FY94 for the Network and its initiatives. More than 600 Silicon Valley firms and
organizations are currently involved in JVSV activities, and this number is expected to
double in the next two years. EDAB activities are supported by over 80 private firms, 14
cities, environmental groups, labor, chambers of commerce, and educational Institutions.
)Iif
Gold Strike - Bay Area
;fyYr /J- /7;
, .
Criterion 6: Fundina. Budaet. and Cost Share
Please see the attached cost proposal for details of BARTA budget and funds allocation.
BARTA is seeking $2.0 million/year for FY1994, FY1995, and FY1996 from TRP: These
incentive funds are anticipated to leverage from state and local sources $2.2 million In FY1994,
$2.6 million in FY1995, and $3.0 million .in FY1996. The State of California, through the Gold
Strike Program, has agreed to provide $750,000 in annual matching funds to BARTA.
California's EDD has also agreed to provide $1 million in matching funds to BARTA to support
JVSV's region-wide retraining and job placement program. The total budget of $4.2 million in
FY94 includes state, local, and private industry matching funds.
In its first year, JVSV received no public funding, raised more than $1.5 million from 94 firms, and
established itself as a self-sustaining 501 (c)6 organization. Nearly $1 million has already been
committed for JVSV's FY94 budget, which has been set at $3.5 million. More than 300
contributors, including 20 cities, several counties, and the state are expected to contribute to
JVSV's Phase III implementation activities. The City of San Jose, alone, has earmarked
$550,000 for JVSV.
EDAB, with an annual budget of $750,000, receives funding through contractual arrangements
with its public entities and through contributions from private sector and non-governmental
organizations.
Criterion 7: Accessibility of Services and Documentation
BARTA is committed to open communication:
Quarterly Progress Reports--BARTA will provide Gold Strike and TRP staff with
quarterly progress reports that document BARTA activities and benchmark program
outcomes.
Regional Communication and Coordlnation--EDAB and JVSV staff plan to meet
quarterly with the representatives from the other California regions participating in the Gold
Strike Program. At board meetings and at site visits, Gold Strike Participants will be able
to share innovative service approaches and lessons learned.
On-line servlces--BARTA will use JVSV's wide area network to allow for rapid electronic
communication of BARTA activities and services to JVSV participants and the broader
community via a dial-in bulletin board and through the Internet. JVSV has its own dedicated
message folder at Mercury Center, an on-line system sponsored by the San Jose Mercury
News, containing information on all aspects of the JVSV Network and its activities.
Public Outreach--BARTA will be supported by JVSV's pl)blic communications firm,
PRx, conducts media outreach on a daily basis. In addition, JVSV maintains a toll-free
number (1-800-573-JVSV) that encourages easy access to JVSV staff and initiative
leaders and allows for rapid dissemination of Network materials to the community. EDAB
will make their on-line Business Information Clearinghouse available to BARTA to keep
the public informed of BARTA activities.
Criterion 8: Coordination and Elimination of Duolication
JVSV was formed to help organize tihe region's technical, educational, financial, and
governmental resources to address identified gaps or inadequacies in the region's infrastructure
to increase the competitiveness of Silicon Valley's industry and workforce. All of the JVSV
delivery mechanisms described in Section 4 are up-and-running programs that were developed
to address specific unmet needs of the region's transitioning defense and commercial economies.
EDAB is currently involved in economic development, worker training, workforce education, and
regulatory compliance projects at the local, state, and federal levels. Its Science and Technology
Committee connects business leaders with representatives from the Community College,
California State University, and University of California systerns as well as representatives from
the three national labs in the region. BARTA will utilize EDAB's extensive network to maximize
the use of existing resources in developing new programs.
~ Gold Strike - Bay Area
~ /2 -60
SECTION 3: THE LOS ANGELES REGIONAL TECHNOLOGY ALLIANCE
INTRODUCTION
The Los Angeles Regional Technology Alliance (the Alliance or LARTA) is a regional technology
alliance which fosters and coordinates regional technology consortia and related programs in the
Los Angeles region. The goal of the Alliance is to create new industry, products, and
employment in the region via an effective and sustainable cooperative process between
industry, government, academia, and government research organizations.
The Board of the Alliance, The High Technology Council (the Council or HTC), was created by
the Economic Development Corporation of Los Angeles County (EDC) at the recommendation of
a group of leaders from industry, labor, government, academia, who were responding to a
downturn in the aerospace and defense industries. The Council includes members of small,
medium, and large companies.
1.0 TARGET POPULATION
The target population is located in what this proposal refers to as the "Los Angeles region": a
broadly defined zone which includes Los Angeles, Orange, Riverside, San Bernardino, and
Ventura Counties.
The EDC recently surveyed six hundred impacted companies in the region. The resulting study,
"An industry in Transition: Strategies and Issues for Aerospace and Defense Companies in
Southern California", provides guidelines and recommendations to a wide cross section of
companies in the region. These companies are the target population of this proposal. The
programs in this proposal target small and medium size companies which plan to attempt
defense conversion. The proposed programs will serve hundreds of these companies in areas
of defense and commercial high technology.
1.1 NEEDS OF THE TARGET POPULATION
The Alliance has identified six industry clusters where the Los Angeles region demonstrates a
potential significant regional and national competitive advantage. The Alliance has determined
that the aerospace, environmental technology, altemative energy, transportation, information
technology and medical/biotechnology industries all are industry sectors where defense
technology, personnel and facilities can be applied.
1.2 PLAN TO ADDRESS NEEDS OF TARGET POPULATION
The Alliance has established working relationships and is operating in cooperation with regional
planning entities in Los Angeles, Orange, Riverside, San Bernardino, and Ventura Counties to
ensure that the needs of companies in these areas are identified and met. The affiliated
proposals and the members of the HTC have been drawn from these counties.
The Alliance plans to address the needs of the target population by:
. Building on the competitive advantages of the region to create new enterprises and
employment which will offset the impact of the significant downturn in defense spending in the
region.
. Using technology as a key driver of industrial and job growth by facilitating the
application and utilization of promising technologies.
. Fostering and coordinating a broad range of regional economic initiatives involving technology
development and sharing, product development, process and manufacturing development, and
training programs. These initiatives are manifested in a series of affiliated proposals.
. Maximizing the impact of these initiatives within the region, the State of California, and
the nation.
Reducing the risks inherent in each initiative by providing expert local oversight and review.
~ Gold Strike - Los Angeles
Jr3'1 };2,8')
1.3 IMPACT OF THE PROPOSED EXPENDITURE
The overall objective of the Alliance and the affiliated proposals (referenc,ed in the cover letter),is
to create 1000 new business enterprises and 50,000 technology related Jobs, with an economic
,impact multiplier of 200,000 equivalent jo~s over a five year ~eriod. The EDC proposes an
iinitial five-year penod of support to the Alliance to achieve this obJective. This support would
be jointly funded by the Technology Reinvestment Project (TRP), by the State of California,
and by the EDC and Alliance members.
The Los Angeles region will be the focus of considerable public and private economic
development activities during a minimum of the next five years. The Alliance will serve as a
strong coordinating entity for these activities and, operating under local, state, and federal
auspices, will maximize the technological and economic benefits to the region while minimizing
costs and risks. The EDC foresees the Alliance becoming a critical regional institution that
outlives the impact of the current defense cutbacks.
The Alliance will provide increased benefits such as:
Maximizing the impact of the entire Alliance by fostering cooperation and managing it as a
portfolio of interrelated regional activities
. Improving success by providing each consortium with all of the other resources of the
community in a timely fashion and often at no cost to the consortium
Providing more outlets for each consortium's results via Alliance supported networking.
Risks are reduced by the ongoing, independent oversight process of the Alliance provided by
the High Technology Council, input and counsel of members of the technology and business
community, and access to lessons learned by previous consortia.
Costs are reduced through improved communications and sharing to avoid duplication of efforts;
through the utilization of previous results, products, etc., and through the use of centralized
services offered by the Alliance.
2.0 DEFENSE CONVERSION, DUAL-USE IMPACTS
The primary focus of the Alliance is to nurture the growth of technology industries in the Los
Angeles region which build on the existing aerospace and defense dominated technology
infrastructure. The objective of the Alliance is to assist a large number of small and medium sized
defense companies to transition to a more balanced mix of commercial and defense business.
This balance will allow the country to maintain its defense industrial base and will lead to
technology and practices being spun-on to the defense industry from the commercial sector. The
specific programs designed to assist defense conversion and stimulate dual use capabilities are
described in sections 5.1, 5.2 and 5.3 of this proposal.
3.0 TECHNOLOGY SOURCES
The Product Development Partnership (the Partnership) is managed by the EDC. The
Partnership was established at the initiative of the Los Angeles County Board of Supervisors in
concert with the EDC and the Community Development Commission of Los Angeles County
with initial funding provided by the Economic Development Administration of the U.S.
Department of Commerce.
A network of organizations is being established under the Partnership which will provide
services to companies under the Alliance. Access to these services will be coordinated by the
EDC. Memoranda of Understanding, which address the issue of intellectual property, are being
established with the following organizations to provide the services indicated:
;J!fJ
Gold Strike - Los Angeles
..
~/~/y~
Technology Resource Center: Clearinghouse for information on defense conversion
funding and community business assistance services. Also provides subsidized consulting
assistance for market and product analysis, product development financing, and access to
network of ombudsmen in fifty state and local regulatory agencies to facilitate permit process.
. CMTC, the California Manufacturing Technology Center: Resolution of specific
manufacturing problems and access to new technology-based manufacturing.
. Caltech/Jet Propulsion Laboratory, Technology Commercialization Office and Lawrence
Livermore National Laboratories: Access to technical expertise in hundreds of specialized fields;
Caltech/MIT Enterprise Forum exposes entrepreneurs to experts and capital.
. NASA/Far West RTTC: Access to technology experts throughout NASA research
network, technology transfer assistance and NASA and Federal Government technologies.
University of California: Access to U.C. technical experts, test equipment, facilities and
university-wide technologies and federal laboratories.
University of Southern California Entrepreneurial Program: Assistance in development of
business plans and strategies.
. U.C. Irvine, U.C. Riverside, Cal Poly Pomona and Cal Poly San Louis Obispo:
Technical expertise of faculty.
. Community Development Commission of Los Angeles County: Loans for property
acquisition, construction or renovation; equipment/machinery; tenant improvements; working
capital.
. Export Small Business Development Center: Consulting and practical hands-on
assistance for all aspects of export operations. Extensive database allows businesses to
access information on exporting to countries throughout the world.
. Teltech: A network of more than 10,000 experts and 1000 data banks.
. CALSTART: Take incubated skills and technologies from "Project Hatchery" (proposed
separately under TRP solicitation) into pilot or full production.
Other services developed, or under development, by the EDC to support the Partnership
include:
. "The Greater Los Angeles Technology Guide", a comprehensive directory of high
technology suppliers and vendors within Los Angeles County and Southern California
. . Development of a comprehensive database of sources of risk capital and financial
assistance to technology companies
Site selection and real estate evaluation services
. Training Assistance Network comprised of Community Colleges, and federal and state
training providers
4.0 DELIVERY MECHANISMS
The Alliance provides to its members and the community at large three programs:
. Product Development Partnership Program
. Business Assistance Program
. Consortium Building
4.1 PRODUCT DEVELOPMENT PARTNERSHIP PROGRAM
The goal of the Product Development Partnership (the Partnership) is to promote the
development of technology enterprise and jobs in the Los Angeles region by assisting
businesses and entrepreneurs in bringing developed product prototypes into pilot or full scale
production.
n
Gold Strike - Los Angeles
J}J1f /2 ~5S5
I
Primary targets for assistance include companies endeavoring to commercialize defense and
aerospace technologies or introduce products with both defense and commercial appli~ations.
The Partnership will also assist companies seeking to bring products to the market whlc~ will
create manufacturing jobs for workers displaced by defense cutbacks or general economic
conditions. Companies, individual entrepreneurs, and consortia of companies, entrepreneurs,
universities and research organizations are eligible for assistance.
Services provided by the Partnership include:
. Swift, pro bono access to experts at preeminent Los Angeles research laboratories and
institutions for information regarding technologies and manufacturing processes;
Grants to defray costs associated with the development of technical, market, or financial
feasibility studies;
. Loans to finance new product start-up operations, equipment, or improvements to real
estate, within the context of the Partnership;
Assistance in drafting applications for funding from public agencies including SBA,
Department of Defense, Department of Commerce;
. Assistance in securing permits and regulatory approvals which may be required from
local and state agencies including AQMD and Cal EPA;
The Partnership anticipates a two to three year relationship with companies selected for
participation. During this time, the Partnership will serve as an ongoing resource to assist
companies in overcoming obstacles to the successful introduction of their product.
Companies will be selected for participation after the program is broadly announced. In order to
ensure high quality services to participating companies, initial enrollment in the program will be
limited to a small number of competitively selected applicants. Subsequent solicitations will be
expanded as experience and resource availability dictate. In the first year, the program should
assist up to 100 small and medium size companies make the transition to production.
4.2 GREEN MANUFACTURING PROGRAM
The Green Manufacturing Program is designed to assist businesses in the Los Angeles region to
competitively address the requirements of environmentally benign manufacturing. Environmental
requirements impact a large cross section of companies in each of the industry clusters where the
region is attempting to create new enterprises. The program will enlist the Air Quality
Management District (AQMD) and Southern California Edison (SCE) in deveioping industry
specific program instructions for companies to meet the stringent environmental requirements.
These program guides are important to industry; for if they are shown to have followed guides
jointly developed with the regulators, then punitive retroactive fines do not apply. SCE has
agreed to put at the disposal of the program its $25 million Center for Green Manufacturing. The
California State Treasurer has agreed to deveiop a program to offer low interest loans to
companies who utilize the funds for developing environmentally benign manufacturing
procedures.
The Center will provide both information services and consulting, linking local industry with the
technical service providers and complimentary programs. One program will be specifically
oriented towards providing small business with access to tools they could not otherwise afford
to use.
4.3 CONSORTIUM BUILDING
The EDC has already taken a proactive role in forming technology consortia in the region for joint
funding from various public and private sources. The specific activities proposed for year one of
the Alliance include:
Assess what types of programs make most sense in Los Angeles.
~
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Gold Strike - Los Angeles
/ ..2 -151
1
_ Assess the current areas of competitive advantage, including industry, products,
markets, technologies, institutions, work force skills, and regional infrastructure. An initial
evaluation of industry sectors has concluded that commercial aerospace, information
technology, transportation, energy, and environment. Medical and health care industries are
good candidates.
_ Further assess the needs of local industry.
_ Assess what programmatic options make sense, such as the most appropriate
consortium models for technology development. deployment, and training; and the types of
and criteria forfunding.
Develop a management plan, including a process model of how the different participating
organizations will come into being and interact. The goal is to develop a seamless, well-
coordinated collection of consortia that operate and support each other under the auspices of the
Alliance. The Alliance is designed to provide a very wide umbrella in order to achieve the
highest value and greatest leverage. We anticipate that sponsored consortia and related
programs could cover sucl"1 areas as technology development and sharing, technology users,
product development, manufacturing and other process development, and manufacturing and
other training programs.
Proactively develop consortia in areas of competitive advantage and high market
potential. Although consortia must be led by their industry partners to succeed, the Alliance will
act as a catalyst to help consortia get started in selected areas of high potential and high
community interest.
Develop a funding concept that will allow consortia to evolve from research and
prototyping activities to product production, while funding and even membership vary along the
way. For example, funding to match a program's needs should at the minimum be available in
the form of seed money in small amounts and with few restrictions, matching funding (e.g., TRP,
State of California, other "challenge grants"), and venture capital.
The Transportation Research and Development Consortium is an example of the type of
specifiC industry working group the Alliance will sponsor. This consortium is an alliance of
industry, academia, and government which provides a flexible structure for collaborative multi-
modal transportation research, development, education, training planning design, testing,
demonstration, and implernentation. It will advance the implementation of innovative products
and programs that further the economic and social development of California. Business,
industry, academia and community interests are represented by participants such as ARCO,
Chrysler Corporation, General Electric, IBM, Lockheed, RockWell, southern California Edison,
TRW, United Parcel Service, CALSTART, the RAND corporation, the l.A. Community College
District, the cities of Los Angeles and Long Beach, the LA County Metropolitan Transportation
Authority, and the conference of Machinists.
The objectives of the consortium include: being the nation's leader for transportation technology
research, implementation, and commercialization; improving transportation technology and
facilitating the timely implementation of findings; improving regional environmental quality by
applying new transportation technologies; promoting the cooperative development of a network
of transportation R&D labs and testing facilities throughout the State of Califomia; and informing
the business and public communities of advances in transportation technology' and related
improvements. The Alliance provides an umbrella under which this activity Will prosper and in
turn spin off new companies. This alliance will comprise one fifth of the first year's budget
($250,000). The objective will be to develop similar effective consortia in other areas of potential
competitive advantage.
~ Gold Strike - Los AngeleS
~ /;2--<6/
4.4 INTELLECTUAL PROPERTY
1" EDG h$ "go'are' Mom-,'m 01 Do""tmd'''' wi~ ., ~, mO;O' "Nlo' p,,,,,,,, 10
the alliance on the issue of intellectual property. Individual companies will be requested to
identify what information is proprietary and that information will be treated accordingly. All other
information created under the alliance will be open for sharing via the two affiliated programs
Knowledge Common and California AccesS.
5.0 MANAGEMENT EXPERIENCE AND PLANS
The EDC is viewed regionally as the appropriate vehicle to irnplement the program as its
m""'" ,,,','" '" ~.. 01 ,," 20 mil"O' p,,,p" "" ~, h,,^,'" ""pa"" "9'0' io ~, Doi'"
States. Staffing, management controls. reporting systems and all the other necessary
infrastructure will build on what has been created for the HTC and for its existing programs.
The goal is for the Alliance to provide an umbrella organization under which consortia and new
p"",'" ,,,,,'opm,"' ~o lloo',h. TIi' All''''''' will p<<Wld' O',""op "N'"'' \0 ooo,,"a ""
companies. Some of the guiding principles are:
. Evolutionary: Bottom up growth of concepts and consortia to further them, from
companies to industries to regions to state to the entire nation.
Flexible: Regions, regional alliances such as LARTA. and individual consortia can come
and go and evolve as needs, success. and funding warrant. For example, other regions near
Los Angeles County including Ventura, Orange, San Bernardino, and Riverside counties have
already ioined the LARTA.
. Measurable: Successes and estimated future successes are important and will be
measured. Although consortia are not venture-financed product development companies, neither
are they permanent government-financed research operations. They must continue to meet their
economic obiectives and usually have finite lifetimes.
5.1 MANAGEMENT AND ORGANIZATION OF LARTA
The HTC is a p,ublic-private partnership working on behalf of the region's high technology
industry, its skilled work force, and its greater technological strengths. This non-partisan
organization represents the leadership of local industry, labor, academia and Local, State. and
Federal Govemment. The mission of the HTC is to encourage the growth of a world-class high
technology industry in California, to enhance the global competitiveneSs of this industry, and to
revitalize the educational structure to equip the work force of the 21st century. The HTC Board
meets quarterlY, rotating its meeting location between the various counties. Local Chamber of
Commerce and economic development authorities are invited to address the HTC Board
meetings, thuS assuring local interests are heard.
The Alliance has a dedicated program manager who is the current Director of the Technology
Resource Office, with over 10 years of relevant experience. The director will have a small staff
of highly experienced individuals. The High Technology council, in May 1993, ran an open
competition amongst a wide range of technology and management consulting companies prior to
selecting Montgomery & Associates to provide staff support to the High Technology council.
Montgomery & Associates are experts in technology development and commercialization, and
will assist the Alliance in managing the program.
The proposed organization is shown in the following figure.
~ Gold StriKe - Los Angeles
~ ).J~g/6
LOS ANGELES REGIONAL TECHNOLOGY ALUANCE
MANAGEMENT ORGANIZATION
HIGH TECHNOLOGY
COUNCIL
Strategic, Management
and Technical Support
Product
Deve(opmnt
Partnership
Program
Business
Assistance
Program
Consortia
Building
Industry
Consortia
Interface
Figure 5.0
The EDC will provide day to day financial and administrative support to the Alliance. The
Alliance will review quarterly the progress of its programs and the progress of the Associated
Proposals and will provide quarterly summary reports of its activities. Each program will keep
its working papers in an open systems architecture environment connected to internet.
Reporting formats and record keeping will be compiled to allow the TRP and members of the
Alliance to have open and multiple tier access to the deiiberations, activities and programs of the
Alliance. In addition, the Alliance will produce one or more detailed documents per quarter on a
relevant and important case studies.
6.0 FUNDING, BUDGET AND COST SHARE
The Alliance requests $1.25 million in cash for the first year to be spent between the three
programs. The funds will be highly leveraged both by the matching funds from state and local
sources, and by their application to programs that are designed by industry to assist industry.
The total match is $750,000 in cash and $750,000 in cash and in-kind contributions.
The Alliance will prepare an annual budget and report quarteriy on the allocation and expenditure
of funds. The program plans to sunset in five years. Out-year funding, similar to the EDC
budget, will largely come from local and industry sources. This will assure that programs
maintain a market focus and deliver services of value to member organizations.
7.0 ACCESSIBILITY OF SERVICES
The Alliance is open to participation for all companies and organizations in the Los Angeles
region.
The alliance will establish guidelines for consortia to document, evaluate and disseminate
information. Much of this information will be distributed through a regional information technology
network and electronic bulletin board currently being developed in coordination with the alliance.
In response to requests from specific companies, the Alliance will categorize and disseminate
requests to the various teChnology sources and support organizations through an electronic
bulletin board. The Alliance will follow-up to assure that a contact has been made and that the
company's needs have been addressed.
~
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Gold Strike - Los Angeles
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8.0 COORDINATE AND ELIMINATE ELEMENTS OF DUPLICATION
The business model is for the Alliance to coordinate and provide a range of services to a
"portfolio" of independent but integrated consortia working in areas where the Los Angeles region
has a competitive advantage. These consortia will include technology development,
deployment, training, and possibly other activities. The Alliance itself is set up to be a
continuing activity, but consortia will come and go as they mature, succeed, fail, merge, etc., and
as funding and regional priorities evolve.
An important on-going activity of the Alliance will be to provide management assistance to its
existing sponsored consortia. Assistance will include activities that are effectively executed
centrally on behalf of all consortia. Included are:
Formal sponsorship as a member consortium of the Alliance, providing accreditation,
visibility, and access to the Alliance's support activities;
Access to matching funds at the regional level and support and sponsorship in
applications to state and federal funding agencies;
Coordination with state and federal economic, technology, and education agencies to
provide consortia with relevant informaUon from around the country;
Coordination with consortia in other regions to provide for the highest leverage of
programs throughout the nation; .
Networking access to relevant programs with the Los Angeles region as consortia startup
and evolve. This will build upon existing EDC activities such as the Greater Los Angeles
Technology Resource Guide;
Advocacy on behalf of member consortia where critical shortfalls are identified that
threaten success;
Independent review and oversight of each consortium in technical, business, and
management areas. Each consortium will have an oversight committee of experts that provide
independent advice to the consortium's board of directors and the Alliance. We feel that such
oversight is critical to ensuring that the Alliance continues to sponsor only those consortia that
have the highest benefit or potential benefit at the lowest cost and risk.
~ /-2 "';?'"""".'
Section 4: San Diego Reaional Technologv Alliance
INTRODUCTION
The San Diego region initiated a comprehensive effort to mitigate the impacts of reductions on the
San Diego economy in early 1990. An Economic Conversion Task Force comprised of industry,
government, military, university and community representatives directed the creation of a pro-
active strategy encompassing a broad range of initiatives. This effort was in part financed
through the Department of Defense, Office of Economic Adjustment and California Trade and
Commerce Agency.
The cornerstone of the San Diego Economic Adjustment Strategy, released in March, 1993, is the
establishment of a High Technology Resource Center and associated. programs. The Resource
Center is based on successful models in other Gold Strike regions in the state and especially on
the direct input of San Diego defense-dependent firms. The Center will serve as a one-stop
shop for access to regional technology deveiopment and deployment programs. Under the
guidance of its Technology Business Advisory Board, the Resource Center will act as a
coordinator among the existing technology-related consortia and networks and as a facilitator in
implementing new, industry-driven initiatives. Specifically, the Resource Center has planned
and funded two needed initiatives: a $250,000 small business seed capital fund and a
technology business incubator at San Diego City College. In the longer run, the Resource
Center will provide the region with a portfolio of services to:
. Promote the commercialization of public sector technologies through collaborations among
companies, government, universities, federal labs and other organizations.
. Act as a partner and administrative entity on proposals for technology-related funding for
the region.
. Provide entrepreneurial services and access to capital through establishment and linkage
with incubators, technology parks and seed capital funds.
Coordinate and broker technical training and technology extension programs in the region.
. Assist in the creation of new programs such as industrial consortia and manufacturing
networks and fill in the gaps in services currently available in the region in areas such as market
research and sales and marketing assistance.
1. TARGET POPULATION
a) The San Diego defense industry accounts for approximately 16% of the region's $61.7
billion gross regional product (GRP). Defense represents the region's second largest source
of revenues, trailing only manufacturing in total dollars generated.
b) To determine the needs of San Diego's defense dependent needs, face to face interviews
were conducted by a number of partner organizations. The sample included the largest 12
and 60% of the largest 25 prime defense contractors.
c) Of the approximately 500 prime and first level contractors, 59 companies, representing
48,000 of about 71,000 people employed by defense related firms in San Diego County,
took part in the survey. Two-thirds responded that they needed help with marketing, quality
improvement, commercial product development and export opportunities.
d) To evaluate options for retaining businesses, firms were asked to identify their position
regarding several competitive Strategies. The results showed that companies place medium
to high priority on teaming with other firms, various marketing approaches, improved product
development and organizational quality improvement programs.
j;!If Gold Strike - San Diego
~ /.2/rj
2. DEFENSE CONVERSION, DUAL-USE IMPACTS
The Resource Center and associated programs represent a targeted and cost effective strategy
to assist defense dependent companies and their subcontractors through the use of technology-
related training, technical assistance, and capital. The Resource Center and its partner agencies
wiil provide a comprehensive approach to creating and retaining jobs in the region and in
increasing the competitiveness of local defense dependent companies. The range of
organizations and programs represented by the Resource Center is unsurpassed in the history of
the region and is the type of comprehensive coordinated collaborative approach necessary for
success.
The Adjustment Program has identified a number of potential commercial markets that represent ideal
candidate for conversion and were judged by industry participants as being economically vialble.
These include: computers, digital imaging, health, business services, communication services,
precision instruments, entertainment, information and consumer.duralbles. Industries that have the
potential to benefit from the increased international trade through the North American Free Trade
Agreement (NAFrA) include aerospace, computer software products and high value service
industries. Job growth in these targeted industries are excellent re-employment sources for laid-off,
highly skiiled, defense workers.
3. TECHNOLOGY SOURCES
Through the portfolio of programs to be coordinated and facilitated by the Resource Center,
close and continuing access will be provided to the technology availalble from the stakeholder
institutions listed below. The Resource Center will respond to industry technology needs and
will form working groups to exploit existing relationships with these Institutions.
. The University of California at San Diego, through its extension and CONNECT
programs will contribute classes to help high tech companies become more successful, to create
linkages between the university and local industry, to educate service providers to high tech
industries and to prepare local companies to make successful presentations to over 100 qualified
investors. '
The San Diego Supercomputer Center, the largest of the four supercomputer centers in
the country, will provide services to support, train and transfer enalbling computational and
visualization technology to local firms to Improve their productivity and competitiveness.
. The Center for Applied Competitive Technologies (CACT) at San Diego City College, is
the source of technical training projects in automated process control, CAD/CAM, geometric
dimensioning and tolerancing, strategic planning techniques aimed at facilitating economic
conversion efforts, customized concurrent engineering programs and other services to help client
firms meet new "manufacturalbility" standards. These programs, companies to move from a
laboratory to a production environment.
The Federal Laboratory Consortium (FLC) and the Naval Command Control and Ocean
Surveillance Center (NCCOSC), RDT&E Division are excellent resources for "spin-off
technology" Its semiconductor lalboratory can help local companies to move from a lalboratory to
a production environment.
The California Small Business Assistance Network (CSBAN) will be proposed as a
state-wide computer-based information resource on capital, marketing, distribution, general
management and training using the datalbases availalbie through Knowledge Express, UC-
Access and ED>Net to provide technology-oriented information to client companies and
individuals. This will be an associated proposal with Science Applications International
Corporation (SAIC) with CONNECT and San Diego Supercomputer Center as partners.
. The San Diego State University (SDSU) with its training programs in bioengineering and
molecular biology and export assistance through its Center For International Business Education
and Research (CIBER).
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4. DELIVERY MECHANISMS
The creation of a Resource Center will match the needs of small and medium businesses with
capital, training and management services to extend, accelerate and expand their conversion
possibilities, through available informational technology and other resources. Its main
contribution will be to offer structured access to these resources now fragmented in an area rich
in technology and development possibilities.
The Resource Center will be managed by a highly qualified director with 10-15 years experience
in technology commercialization and new business development. The director will select her/his
staff of experienced business experts who will assist client companies, individuals and partner
organizations. This staff act as connection experts and will assist clients in acquiring needed
capital and access to marketing and distribution networks, acquiring training for or bolstering their
management team, and, most importantly, in connecting with technology and know-how
networks that will support their continued growth..
Industry will provide the leadership in articulating evolving industry needs and opportunities for
new linkages with technology sources. The initiatives and consortia will be coordinated through
the Resource Center and connected to a wide range of stakeholders including industry,
universities, community colleges, govemment laboratories and others. The Resource Center
has brought together the premier deliverers of technology-related services in the San Diego
region and will be developing the seed capital fund and technology incubator programs.
Assistance to companies will be provided by Resource Center staff and through new linkages
and problem solving among industry and technology resource partners in San Diego. The
current service providers within the Resource Center structure, have experience in coordinated
efforts, as each is currently Involved in the area's Defense Conversion Adjustment
Demonstration project. The Demonstration Project has shown the partners how a coordinated
and cooperative action can result in a more cost effective efficient program. It is from this
"springboard" effort that the Resource Center programs will move forward.
Among the two new initiatives for the Resource Center, the first is the high technology incubator.
This will be located at the San Diego City Collef;Je campus and will provide 18,000 square feet
for start-up high technology firms. The companies will be able to draw not only on the partners
in the High Technology Resource Center, but also from the CACT facilities at San Diego City
College such as laser labs, CAD/CAM facilities, the manufacturing and office labs and other
technical facilities. The incubator will provide linkages to entrepreneurial services for the new
companies in the normal business areas of marketing, production and finance. Close ties will
also be established with other Gold Strike incubator and entrepreneurial networks.
The second new initiative is the seed capital fund. To meet the anticipated need of high tech
start-up companies as well as small- and medium-sized firms converting from defense to
commercial activities, the Resource Center will be the depository of a $250,000 seed capital
fund. The management of this fund will be provided by the CDC Small Business Finance
Corporation which will provide their services as an in-kind contribution to the Gold Strike
program. This loan fund is capitalized by a commitment from industrial bond revenues of the
City of San Diego.
5. MANAGEMENT EXPERIENCE AND PLANS
The Resource Center will be under the management of the Technology Business Advisory
Board which have a strong representation from regional industry. Industry will represent a
majority of the membership and will chair the board. Other members of the Board will come from
the stakeholder academic institutions and community govemment. This Board will meet regulariy
to guide the activities of the Resource Center and associated programs. The Resource Center
director will report to the Board of Directors. In addition to the industry members to be named, the
following organizations will be represented on the Board.
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Economic Development Corporation
The Economic Development Corporation (EDC) is the prime agency responsible for the region's
retention program. As such, the EDC will be the primary entity responsible for marketing the
services of the Center and conducting outreach activities which result in client cases. An
additional retention specialist in high tech and defense-related industries, and support staff, will
augment the services of existing staff and will be used to capitalize on its retention program with
defense contractors and those converting or expanding their efforts to the commercial. The EDC
has several decades of experience in attracting and. retaining manufacturing and high technology
companies In the San Diego region.
The Center for Applied Competitive Technologies San Diego City College
The Center for Applied Competitive Technologies (CACT) in San Diego City College, is one of
eight regional centers established by the State of California to assist area businesses through
education, training and technology transfer services, in remaining competitive. The CACTO also
become satellites of the California Manufacturing Technology Center (CHTC), a federally-
supported project under the National Institute of Standards and Technology (NIST) aimed at
strengthening manufacturing throughout the nation.
A newly equipped CAD (Computer Assisted Design) lab is already used to retrain recently laid-
off aerospace engineers as part of a half-million dollar Defense Conversion Adjustment pilot
program, in partnership with other local economic development agencies and the University of
California at San Diego (UCSDCONNECT). Twenty computer stations allow the CACT-SD to
demonstrate and train in Computer Integrated Manufacturing (CIM) and manufacturing Resource
Planning (MRP). The CACT has been particularly successful in implementing the California
Supplier Improvement Program (CALSIP). Since January of 1991, they have delivered more
than 35 workshops and 18 on-site contracts, representing approximately 70 supplier
companies, all of whom were aerospace and manufacturing companies. Recent contracts have
includes technical training projects in automated process control, CAD/CAM, geometric
dimensioning and tolerancing, as well as a continuum of TOM-related skills.
The assistance will be directed to help clients better their manufacturing processes through the
technical training described above, the installation of technology for manufacturing and training, to
insure that the manufacture is not only provided with the technology, but that it is properly
installed and workers are trained.
University of California, San Diego, Extension and Connect
UCSD Extension provides a variety of continuing professional education courses designed to
provides adults access to the newest ideas and practices in a variety of business and technical
fields. Courses are continuously updated to reflect changes in the needs of professionals and
practitioners. In 1991, over 25,000 people enrolled in continuing professional education
programs at UCSD Extension.
CONNECT, a program at UCSD Extension, has four primary goals: to help high-tech
companies in San Diego become more successful; to create linkages between the university and
local industry to educate service providers to high-tech industries so they can support these
industries more knowledgeably, and through these, to stimulate local economic development.
CONNECT runs topical business and research seminars for local companies. Every February,
CONNECT manages the San Diego Technology Financial Forum and the Concept Forum.
~ Gold Strike - San Diego
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The San Diego Supercomputer Center
The San Diego Supercomputer Center (SDSC) is the largest of four national computational
science facilities established by the National Science Foundation (NSF). SDSC's mission is to
advance U.S. industrial competitiveness and high performance computational technologies. This
can be done by:
Transferring the enabling technology of computational science and engineering to the U.S.
industrial community.
Promoting research in computational and computer science by stimulating the development of
new applications software, new, parallel hardware architecture, and new communications
technology that supports higher speed, multi-media transmissions.
Supporting annually over 3,000 researchers, teachers, and students through collaboration
and user services. These users are working on hundreds of projects in a wide variety of
scientific disciplines.
Training the. user community to apply the resources efficiently and developing undergraduate
and K-12 curricula to further disseminate expertise in computational science.
San Diego Consortium and Private Industry Council
The San Diego Consortium and Private Industry Council (PIC) invests $28 million annually
through 90 training programs and provided retaining and job placement services to over 2,500
displaced aerospace workers through their Career Center. This Center, part of the San Diego
Defense Conversion Adjustment Project, provides special training in Computer-Aided Three
Dimensional interactive Application, Entrepreneurship Training, TOM, Statistical Process
Control, Numerical Control Machining, Manufacturing Resource Planning, Problem-Solving,
Hazardous Material Management and Document Control. in addition to these specialized training
classes, the PIC has business retention and marketing services, and contracts with additional
providers (I.e. State Economic Development Department) for training and job placement
services.
Federal Laboratory Consortium
Federal Laboratory Consortium (FLC) and the Naval Command Control and ocean Surveillance
Center (NCCOSC), RDT&B Division are excellent resources for "spin-off technology". This
facility can provide technology transfer to commercial applications. Its semiconductor laboratory
is of immediate use to local companies developing now conductive materials and transitioning
those new material applications from a laboratory to a production environment. The FLC
participants work closely with the San Diego Super Computer Center.
Satellite Centers
These agencies will be complemented by an additional tier of service providers such as San
Diego's two Small Business Development Centers and San Diego State University services. In
addition, it is anticipated that several satellite centers will be established to enhance the
effectiveness of service delivery.
One of these satellite centers will be administered and located at Southwestern College, in
conjunction with the College's Small Business Development Center and will focus on the
conversion of defense technologies and products to environmental markets. This Environmental
Technology Resource Center will be an extension of the High Technology Resource Center in
the southern portion of San Diego County.
~_/
~ Gold Strike - San Diego
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7. ACCESSIBILITY OF SERVICES AND DOCUMENTATION
The High Technology Resource Center will be responsive to their industry sponsors and
Advisory Board leadership and will maintain close links among the service providers to insure
that business and technology development activities related to defense conversion,
commercialization and manufacturing competitiveness are availabie. The partners have a
tradition of collaboration dating back several years and extensive experience in implementing
federal. and state grants and in documenting results. The services and results of the Resource
Center and associated programs will be disseminated through press releases, newsletters,
business roundtables, seminars, workshops and conferences both directly and through the
partner agencies. In addition, as part of California's Gold Strike network, this inforrnation will be
available throughout the state. As the newest of the Gold Strike partners, San Diego intends to
aggressively link with the organizations in the Bay Area and Los Angeles regions.
As an Alternative Deployment Pilot Project, the High Technology Resource Center will share the
lessons learned with other centers elsewhere in the state and the country. It will also maintain
e:lose links with the different service providers to insure that business and technology assistance
activities related to defense conversion, commercialization and manufacturing cornpetitiveness
are available to all potential participants.
8. Coordination and Elimination of Duplication
The High Technology Resource Center is a collaborative undertaking arnong the region's
forernost technology-related industries and academic organizations. These stakeholders have
worked together for the lasHhree years in the planning and the implementation of the Economic
Adjustment Program. The Program, and its proposed Resource Center, has been the result of
close cooperation of industry leaders, State of California, the Department of Defense and the
City and County of San Diego. As the San Diego regional organization of the California Gold
Strike Partnership, the Resource Center will provide coordination of industrial modernization
activities as well as proactively facilitate new and non-traditional linkages to foster technology
commercialization.
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Section 5. Gold Strike Statement of Work
1.0 State of California
1.1 Oversight & Coordination: The Gold strike office will channel state funds into the
regions according to their needs, activity level and success; maintain a current action list of
industry's critical issues for the state legislative and executive branches; provide coordination
and access to between programs; and provide documentation and case studies to the TRP
programs on the approaches undertaken and their success and failure.
2.0 Bav Area Reaional Technoloav Alliance
2.1 Technology Partnering: Technology Partnering will foster the development of new
high technology enterprises in the Silicon Valley and Alameda County regions.
The Silicon Valley Defense/Space Consortia will sponsor quarterly Technology
Partnership Workshops to encourage collaborative research, development and
engineering between defense and commercial communities;
The Environmental Partnership will facilitate collaborative solutions to environmental
problems facing industry, government, and the community. A Technology Brokering
Service will be established to serve as an interface between suppliers of environmental
science and technology and potential commercializes. An Environmental Technologies
Incubator will be established to house companies being formed by the partnership;
Silicon Valley Technology Corporation, operating out of the San Jose State
University, provides technical and partnering assistance to commercial companies,
defense firms and national labs.
The Biotechnology Consortium will coordinate a biotech incubator and a biotech
management assistance program. The Consortium will support a Business
Environmental Assistance Center which identifies regulatory problems of concern to the
biotech industry.
Consortium Building and Technical Assistance will foster the development of new
enterprises in the Alameda region. An Information Technology Center and an
Environmental Technology Center will be established in Alameda County. The
Information Technology Center will provide services in the maturation, integration, and
transfer of a broad range of information technologies supporting computer integrated
enterprises. The Environmental Technology Center will provide technical assistance on
process technologies and operations design to foster environmentally benign
manufacturing.
2.2 Electronic Networking Electronic networking will build a community information
infrastructure that facilitates communications and interaction between industry clusters and
across regional suppliers. Silicon Valley Net will provide a common communication
infrastructure for 600 participating firms and organizations. The network will provide on line
access to organizations and resources that can offer assistance in technology partnering,
technical consulting education and training.
2.3 Retraining & Job Placement 21st Century Workforce Initiative and the Workforce
Education & Training Center will help workers adapt the skill sets appropriate for defense
work to the new challenges of the commercial market place through retraining. The two
programs will provide retraining services to defense companies and unemployed defense
workers.
'If! Gold Strike - Statment of Work
~J-2~25
4.(t; ..
2.4 Entrepreneurial Assistance The Enterprise Network and the Business Development
Program provide entrepreneurs assistance in finding businesses and financial resources
and collaborative partners; face-to-face coaching; entrepreneur forums; industry and
business forums
3.0 Los Anaeles Regional Technoloav Alliance
3.1 Product Development Partnership Program The Partnership will assist
businesses and entrepreneurs to bring deveioped product prototypes into piiot or full scale
production through subsidized consulting, grants, ioans, proposal support, and assistance in
securing permits and regulatory approvals.
3.2 Green Manufacturing Program. The program will provide information services and
consulting to assist business to competitiveiy address environmental reguiations. The
program will also develop linkages for industry with new and existing programs designed to
assist industry.
3.3 Consortium BuildingThe Alliance wiil form five high impact consortia in the Los
Angeles area and a process for evolving the consortia from research to new enterprises
establishment and job creation.
4.0 San Dieao Reaional Technoloav Alliance
4.1 Technology Resource Center will match the needs of small and medium sized
businesses with capital, training and management services. The Resource Center will
establish a High Technology incubator and Seed Capital Fund. The Resource Center wiil
also provide networking, partnering and technical assistance services.
Gold Strike Budaet Summary
Statement of Work TRP Total
ReQuest Budget
1.1 Oversight, Coordination, Documentation 500,000 1,000,000
2.1 Technolooy Partnering 150,000 300,000
2.2 Electronic Networkino 1,000,000 2,100,000
2.3 Retrainino & Job Placement 470,000 1,00,000
2.4 Entrepreneurial Assistance 380,000 800,000
3.1 Product Development Partnership 500,000 1,000,000
3.2 Green Manufacturino 250,000 500,000
3.3 Consortium Buildino 750,000 1,500,000
4.1 Technology Resource Center 1,000,000 2,410,000
~ / d- ~ ??'"' &.~"" w..
TRP Cover Sheet 1: Proposal Technical m Cost C
FOR TAP USE ON~ Y, DO NOT WRITE IN THIS SPACE
ATTACHMENT D
1a. ProposaJ Title: Environmental Technology Resource Center Incubator
lb. Activity: lc. Program: High Technology 1d. Technology Focus Area and Specific Topic:
Managing development .... .~ High Tech. Clean indus
.~ .... -~ -~., T.
2. Point of Conlac:t 4. Nam.., Organizations. and % nm. Commitment
ot KeV Personnel
2a. Name and Mailing Address of Contact 4a'Miche1e Nash-Hoff
High Technology Foundation 20%
David Pennington 4b.
High Technology Foundation David Penni~gton 50%
8885 Rio Sa Diego Dr #367 Hiah Techno lov' Foundation
San Diego CA 92108 40. Sheila Washington
,
NBIA 20%
4<1. Tom Jordan
ProVision Mqmt 10%
.... John Harrison
Electronics Representatives Assoc.
2b. Telephone Number:
(619 ) 294-3099 5. Namel of Key OrganlZltionl Plrtlclpating
20. Fax Number (il any): Sa.",i ~h '1', lnav Fnun""rion
(619) 294-4182 Sb.Nationa1 Business Incubator Assoc.
2d. E.Mail Address (it any): N/A 50. Ci ty of Chula Vista
2e. Typo 01 Business (SIC Code or otha< delcription): Sd.Citv of San Dieqo
Non-profit, tax exempt, Educ. So.S. San Diego County Economic Dev. C
3. Federal Govemment COlt Electron~c Re~resentatives Assoc
e. atchln undl ovor Base Period
38. Base Celt and Duretion (monlhs): 1 359,200/24 mths Sa. Cash (S): 50,000.00
3b. First Option Cest and Duration (monlhs): 6b. In-Kind Contributions (S): 399,000.00
30. Second Option Cest and Duration (monlhs): 60. Typos 01 In-Kind Centributions: Dev. Fecilj. ":ocT
3d. Base Period Match Perean! Repre..ntad by TAP Funds: $d. Total Matching Funds (S): 449 , 000 . 00
7. Doos This Proposal Involve portI~ation by Foralg1-Owned 8. Identify (II any) any Federal Agency or Entity thai was Instrumental in
Organizations? YES 0 NO . Formulating the Proposalldoa, Teem. or Approach:
ABSTRACT
A business incubator is a facilitating environment for start-up
businesses: the incubator provides affordable, expandable space,
shared equipment, support services and business development
services, including training, financing, marketing and management.
The incubator will accelerate the development of emerging technology
based companies. Defined exit and entrance criteria established by c
group of technology leaders will help assure the sucess of the
incubator.
5/14193
.~/ c2- --~ 7
ry
unc
TRP Cover Sheet 2: Proposal Participants
Us. as many copies as necessary to nst aU participants. Include .ntit~s bled on Cover Sheet'.
Proposal TiUe:
Environmental Technology Resource Center Incubator
a. Name and Address of Participant of d. Point of Contact. Organization. and Address:
ProVision Management Group, Inc
8885 Rio San Diego Dr. #367
San Diego, CA 92108
~avid Pennington
President
Address the same
Ched< W : (Sma" Buslne.. []])( HBCUIMI 0) (Foraign-ownod 0)
(Small Disadvantaged Business (SOB) 0)
294-3099
a. E-MaU Addra.. (If any):
I. Typa of Business (SIC ooda or other description):
Corporate management
b. Talaphona Number:
c. Fax Number (if any):
--
a. Name and Addr.ss of Participant
2 of
4
d. Point of Contact, Organization, and Address:
The Jordan-Schipper Co.
29176 Vista Valley Dr.
Vista CA 92084
Tom
Jordan
ChacI< W : (Small Buslnass []I)( HBCUIMI 0) (Foroign-ownad 0)
(Small Disadvantaged Busina.. (SOB) 0)
b. Telephon4t Number:
c. Fax Number (if any):
a. E-Mail Addra.. (if any):
I. Typa of Businass (SIC ooda or 0_ description):
Trainin Consultants
- '- ...--..!~-.:::~~..._. ",--' ~.::;;- .
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-
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a. Name and Addr.ss of Participant
01
4
d. Point of Contact. Organization, and Address:
Sheila
Washington
225 Broadway # 2250
San Diego CA 92101
NBIA
Chad< W : (Small Buslness []])( HBCUIMI []) (For~ 0)
(Small Disadvantaged Business (SOB) 0)
b. Talaphona Numbar:
c. Fax Number (If any):
a. E-Mail Addra.. (if any):
I. Typo of Business (SIC ooda or 0_ desaiption):
Non Profit, tax Exempt, Foundati n
-.... "~ '" " . .:',"!'I.r
a. Nama and Addra.. of Participant
4 of
4
d. Point of CorItact, Organization, and Addro..:
High Technology Foundation
ChacI< W: (Small Buslness 0)( HBCUIMI Ol (Foraign-ownad 0)
(Small Disadvantaged Business (SOB) 0)
b. Talaphona Numbar:
a. E-Mail Addra.. (If any):
f. Typo of Business (SIC ooda or 0_ description):
Non Profit, tax Exempt, Foundation
--
5114/93
fJ-5b
Jc2-~~
ENVIRONMENTAL TECHNOLOGY INCUBATOR
EXECUTIVE SUMMARY
CHALLENGE OF NEW REALITY:
The international business environment has replaced the domestic environment as the arena in
which companies compete. This international business environment is intensified by significant
developments in technology and information access. The environment is also emerging as an area
of global concern.
The challenge is to compete effectively and aggressively act on this window of opportunity. An
Environmental Technology Incubator can accelerate results by extending certain advantages to
businesses. These advantages include, but are not limited to, a creative mixture of investment,
counseling, business contacts, access to technology, management support, and entrepreneurial
independence.
SMALL ENTREPRENEURIAL BUSINESS AS THE ENGINE OF GROWTH:
Small and medium-sized businesses have emerged as the greatest contributors of innovation and
jobs to the modern economy.
California is a state of small businesses with about 90% of all businesses employing fewer than 10
workers and accounting for one in eleven jobs statewide. Small companies create 85-90% of all
new jobs, and technology-based companies generate and commercialize most major innovations.
There is a major need in San Diego county for timely, user-friendly assistance in the areas of
business management training, resources for seed and venture capital funding, access to
government and economic development resources, and selection of professional services that
would sustain growth of new ventures. At the present time, this kind of assistance is available only
in bits and pieces in San Diego, and it takes a great deal of time and money to locate and access the
sources for this assistance.
As vulnerable as new ventures may be in a dynamic international business environment, there are
windows of opportunity for each product and participant that must be seized aggressively if
profitability and market share are to be achieved.
THE CRITICAL ROLE OF BUSINESS INCUBATORS:
A business incubator is a "facilitating environment for start-up businesses." The incubator
provides affordable, expandable space, shared equipment and support services, and business
development services, such as training, financing, marketing, and management.
WHY NEEDED:
The California economy is going through major structural changes and loss of jobs. San Diego is
experiencing the same problems, having lost almost 20,000 defense jobs in the last two years with
projections of another 10,000 being lost this year.
!~ /;2 ~/J
We need to grow new businesses to create the jobs needed to replace those being lost by the
defense cutbacks and meet the needs of a fast-growing population. The environmental industry
provides us with an opportunity to move into an industry of the future. While 80% of all small
companies fail within five years, the survival rate of companies nurtured in small business
incubators is 65-80% according to statistics developed by the U. S. Small Business
Administration, Coopers & Lybrand, and the National Business Incubator Association. Incubators
can help emerging companies overcome the high failure rate due to inexperienced management
and under capitalization by providing on-going training and support. That is why we need a
technology-based business incubator focusing on environmental technology in San Diego county.
OBJECTIVE:
Develop a technology-based incubator (Environmental Technology Incubator) designed to
accelerate the development of emerging environmental technology-based companies and located in
the Border Environmental Commerce Zone. The key would be for the entrepreneur to have a
specific application of an already-existing technology or be able to take advantage of technology
transfer assistance. Defined entrance and exit criteria for the company to become part of the
incubator program would be required. The "incubator" period would range from 18 to 24 months
for the technology firm to pass beyond the survival state to the point where it can graduate from
the incubator and continue its growth and development as a viable business that creates jobs.
DESIRED FACILITY:
An existing building 30,000 sq. ft. in size will be leased and renovated/remodeled according to
design specifications developed by an architect hired by The High Technology Foundation. The
facility shall be located within the city limits of the City of Chula Vista and be part of the Border
Environmental Commerce Zone being established. The building shall have a "corporate" image
with a central entrance and lobby, at least two freight delivery doors, and sufficient parking to
accommodate incubator tenants, staff, and visitors. It will contain a conference room, training area,
lunchroom, restrooms, offices for incubator staff and sufficient flexible office and light
manufacturing space to accommodate 8 to 12 incubator tenants, depending on their space
requirements.
WHAT THE ENVIRONMENTAL TECHNOLOGY INCUBATOR (ETI) PROVIDES:
EDUCATION PROGRAM:
The key to the success of an incubator is its education program, ETI education programs to be
offered are:
Total Quality Management (TQM) Training
Entrepreneurial Academy
Quality Control systems & Procedures
Small Business Workshops
Professional Consulting
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TECHNOLOGY TRANSFER: Through access established by The High Technology Foundation,
the Environment Technology Incubator can offer its tenants technology transfer from:
NASNJPL
Naval Command, Control & Ocean Surveillance Center
University of California at San Diego CONNECT program
OTHER BENEFITS TO TENANTS:
* Access to the Environmental Technology Resource Center in the Border Environmental
Commerce Zone for information/referral, system and regulatory compliance and permit
processing assistance.
* Financial incentive package for location within Border Environmental Zone
* Affordable, flexible space, often at below-market rates that can accommodate a company's
expansion within the incubator as it grows.
* Shared office and administrative support services to limit a new company's need for major
capital outlays in office equipment and staff.
* Access to state-of-the-art equipment
* Management and business development training and on-going counseling provided by the
incubator staff and a network of professionals that provide their services on a pro-bona and
reduced-fee basis.
* Productive interaction among companies in incubator.
* Group purchasing power for products and services such as health insurance, furniture, office
equipment, etc.
* Access to professional services such as accounting and legal.
* Access to government and economic development resources and funding sources
* Relationships with fmancial institutions and venture capital funds
BENEFITS TO PUBLICIPRIVATE STAKEHOLDERS:
The Environmental Technology Incubator (Em opens new opportunities for investing in high
growth entrepreneurial businesses. By providing an environment wherein experienced
management compliments the ability of entrepreneurial teams, these teams will more effectively
meet the challenges of an emerging business.
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Benefits of the Environmental Technology Incubator are unique to each stockholder, and the
combination of these stakeholders increases benefits for each other through synergy of their
specialized functions and qualities. The various types of stakeholders include:
Private investors
Incubation Management Team
Major Corporations
Non-Profit Organizations
Trade Organizations
Universities & Colleges
Government and Community
Utilities
Local businesses
Some the major benefits to these stakeholders are:
* The global competitiveness of businesses and the balance of trade
* The acceleration of successful entrepreneurship
* The generation of downstream economic benefits
* Community viability, pride, and leadership
* Risk mitigation to investors
* Increasing tax base
* Creation of new jobs for community residents
* A way to invest in a range of new technologies
* Increase demand for energy, water, and telecommunication services
SOLUTION:
From the experiences of the earlier generation of business incubators, key concepts of business
facilitation and acceleration have emerged. The Environmental Technology Incubator incorporates
these concepts and is designed to generate successful competitive businesses.
The ETI will be established and operated by The High Technology Foundation, a 50I(C)(3) not-
for-profit California corporation whose mission is to promote high technology business and
education. The Environmental Technology Incubator fulfills this mission by providing a business
incubation process so that entrepreneurial businesses can accelerate their growth and become
sustainable, competitive companies.
The ETI will provide a profitable investment opportunity for investors, developers, and vendors of
related product and services. The unique practicality and potential of the ETI depends on the
following operational criteria:
* Tenant selection to assure quality and collective synergy
* Defined entrance and exit criteria
* Incubator period ranging from 18 to 24 months until company graduates as viable
business
* Private/public investment funding
'J;:lJJ /.2 ~ / tJ ;2
* An experienced incubation management team focused upon growth and value of tenant
companies
* A network of experts for consultation and referral
* State of the art internal facilities and services
SUPPORTERS/COLLABORATORS:
As a member of the California Business Incubator Network (CBIN) and the National Business
Incubation Association, The High Technology Foundation has access to network of experts in
developing and managing incubators. The president of CBIN is a member of the Foundation's
incubator development and planning task force. The following other entities are supporters and/or
collaborators for the Environmental Technology Incubator:
City of Chula Vista Community Development Corporation
City of San Diego Economic Development Division
Southwest College Small Business Development Center &
International Trade Center
With $449,000.00 of matching funds to be offered as an in-kind contribution, The High
Technology Foundation can develop and establish a world class high-tech business incubator - -
the Environmental Technology Incubator -- for $910,200.00 of Technology Deployment funding
through the Technology Reinvestment Project
TECHNICAL PROPOSAL
OPERATIONS
The uniqueness of the Environmental Technology Incubator is that it brings together the bits and
pieces of business and economic assistance programs while focusing on education and technology
transfer. The incubator tenants immediately buy into a cooperative environment that will ensure
their success as business ventures. A tenant is not just paying for space --they are paying for a
package of benefits that would not be affordable on an "a la carte" basis.
The High Technology Foundation will administer the overall operation of the Environmental
Technology Incubator (ETI). See Exhibit A for copy of a brochure describing the Foundation,
Exhibit B for Board of Directors and for Advisory Council, and Exhibit C for list of major
corporate members.
Top management will consist of the ETI Advisory Council and the Board of Directors of The
High Technology Foundation. The Foundation will select and hire the incubator manager with
assistance by the Advisory Council. Outside professionals will be used for property management
and other specific technical assistance.
Operations management and support personnel include:
Incubator Mana~er - have a background in management and operations of technology-
based companies. The manager's responsibility is to manage the incubator staff and
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coordinate consultation to incubator tenants on specific topics.
Receptionist/secretary - handle phone systems, including message center for tenants,
tenant calendars and appointments, typing, word processing, desktop publishing, and
other tasks deemed necessary by the incubator manager.
Ila1a ~ Specialist - well versed in all phases of data entry and software systems to
provide support in areas such as marketing, advertising, accounting, management,
operations, etc.
Emrineering stlecialist - well versed in specific engineering software programs to support
product development, project planning, and technical innovation.
Training and consulting personnel- provided by network of professional consultants (See
Education Program section for details.)
The High Technology Foundation will administer the education program for the incubator tenants.
The Foundation will provide an instructor to be located on site during Total Quality Management
classes held at the incubator facility.
The Foundation will have the option of contracting with the Southwest College Small Business
Development & International Trade Center for trainers for specific topic workshops or contracting
with individual professional trainers.
PRODUCT DEVELOPMENT/MANUFACTURING
The Technology Innovation Center provides an atmosphere conducive to technology-based
product development and low-volume manufacturing. The building selected for renovation and
modification will provide maximum flexibility and expansion. The initial size building will be
30,000 sq. ft. The building design will devote 25 to 30% of the space to shared product
development and manufacturing areas. Manufacturing areas will be grouped, if possible, based on
requirements of tenants. These areas will contain the product development, prototype, and quality
control equipment listed in Exhibits D.
As a 501(C)(3) non-profit corporation, The High Technology Foundation is positioned to receive
donations of capital equipment. The Foundation has the capability to make cost-effective purchases
of other required capital equipment from defense companies that are downsizing, relocating, or
closing in the San Diego area due to the recession and defense cutbacks.
The facility layout will provide administrative areas to support staff and services for eight to twelve
tenants. The administrative areas include: a conference room, lunch room, training area, resource
library, and restrooms.
The resource library shall contain at a minimum the following resource materials:
California Directory of Manufacturers
San Diego Directory of ~anufacturing
Small Business Resource Book
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Thomas Register
The Technology Directory
Electronic Source Book
The Small Business Information Handbook
The Small Business Information Source Book
The Entrepreneur and Small Business Problem Solver
Other books, videos, and audio cassettes too numerous to list by title will be available on general
business subjects.
Movable partition-type walls will be used in areas devoted to private offices/suites for incubator
tenants as the space requirements will vary as incubator tenants enter, grow, and exit.
TENANTS
Selection of innovative entrepreneurs with a credible growth business idea is essential. Targeted
companies will be ones with a product developed from the application of advanced or state-of-the-
art technology either through prior research and development or technology transfer. Ideally,
tenants should represent related industries or technologies so that shared assets, services, and
equipment will be maximized. Additional advantages result from networking between incubator
tenants that are complimentary and not competitive among themselves.
The High Technology Foundation will provide a panel of experts (5-7 persons) to review the
product concept to determine the technical feasibility, manufacturability, and marketability of the
product(s). Tenants will be required to meet certain entrance criteria including preparation of an
acceptable business plan, demonstration of need, business efficacy, and product viability. Panelists
will have both a technical and business background, and criteria established will ensure the success
of the prospective tenant's business venture.
Incubator applicants will be reviewed on an individual basis by Environmental Technology
Incubator Advisory Council to see that the business is qualified to participate in the environment-
product focus of the incubator. A qualifying business must fall into one of the following
categories:
1. Research, development, and manufacturing of pollution control equipment
2. Technologies that prevent pollution or decrease waste generation and emit small
amounts of pollutants in the production phase.
3. Businesses producing products or processes promoting the conservation of natural
resources, such as water reclamation and sewage treatment technologies.
4. Development of alternative energy/fuel sources
5. Pesticide and herbicide alternatives
6. Non-point source treatment technologies
7. Industries utilizing innovative low emission technologies.
8. A business that exports products or services using environmentally-sound technology
The appropriate stage of development for an incubator tenant starts with the product development
or prototype phase to pilot p'roduction or low-volume manufacturing. When a tenant company has
grown successfully through these phases, it is ready to graduate from the incubator, expand its
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staff, and move to larger quarters for production manufacturing. An exit policy will be developed
to graduate tenants out of the incubator as they become viable, sustainable companies.
Tenants will be required to "contract" with the incubator to undergo a program of technical training
including the Total Quality Management Program.
Tenants will pay reduced rent and service costs based on funding provided in a number of areas.
Ongoing efforts will be made to support the Environmental Technology Incubator through both
public and private sources of funding. A graduated scale of fees and costs will be established to
provide growth opportunity and be based on product development state, length in the incubator,
space requirements, etc.
FINANCIAL INCENTIVES:
A regional alliance of seven border - oriented communities in southern San Diego is currently
being formed via a Joint Powers Authority to establish a Border Environmental Commerce Zone
(BECZ). Endorsements have been received to date from numerous business groups,
environmental organizations and the State of California via the CALEP A and California Trade and
Commerce Agency, County of San Diego, City of Chula Vista, City of Imperial Beach, and
others.* The BECZ will encourage the start up and expansion of environmental businesses
through three key programs:
1) Environmental Technology Resource Center
2) Environmental Business Incubator
3) Tiered Business Incentives
The proposed ETI will be the initial delivery system for the BECZ's Incubator program.
A grant application has been submitted to the U.S. Economic Development Administration
(EDA) and to the Technology Reinvestment Project (TRP) Regional Technology Alliance by the
State of California as the Gold Strike Partnership. The State's application includes an
Environmental Technology Resource Center (ETRC) as a satellite to the San Diego High
Technology Resource Center (HTRC). As indicated, the ETI would be directly supported by the
ETRC as well as the HTRC.
Once the BECZ has established and capitalized the general Financial Incentives programs (which
will offer such programs as seed capital, local fee waivers, loan preferential treatment by the San
Diego Banker's CDC (and others), such incentives will be accessible to ETI tenants.
TECHNOLOGY TRANSFER
As a member of the California Business Incubator Network, the High Technology Foundation has
access to the Technology Affiliates Program through the transfer of NASNJPL technology. JPL
responds to the technical needs of member companies by transferring technology, conducting
feasibility studies, holding conferences, private seminars, and providing technical information
* See letters of support
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exchanges. The program allows a company to pay only the direct cost of the adaptation and
transfer of government-developed technology that specifically addresses its present need. This
program is offered through the Office of Technology Commercialization at JPL.
Technology transfer from the Naval Command, Control and Ocean Surveillance Center
(NCCOSC) in San Diego is even more appropriate to the Environmental Technology Incubator as
this government facility focuses on research and development projects addressing the areas of
contaminant loading to the environment, transport pathways of pollutants, eventual fate of the
pollutant, biological consequences, remediation, and long-term monitoring of the environment.
Specific areas of R & d being conducted include:
Measurement Technology
Rapid Chemical Screening Methods
Automated Organometals Analyzer
Hand-Held Lead Analyzer
Benthic Flux Sampling Device
Fiber-Optic Chemical Sensor
Cone Penetrometer Sensor
Contaminant Fate and Effects Methodology
Portable Microcosms for Environmental Testing
Nonpoint Source Assessment and technology
Aquatic Multiparameter Near-Realtime Mapping
Contaminant Dispersion and Prediction Model
Bioindicator Development
Future R & D efforts are directly related to the focus of the Environmental Technology Incubator
and include:
Environmental Sensor Systems
Fiber-optic Sensor Systems for Facilities Monitoring
Underground Sensor Emplacement Systems
Environmental Monitoring by Spectral Radiometry
Risk Reduction and Remediation of Toxic Effluents
The Environmental Technology Incubator will also take advantage of the existing technology
transfer program at the University of California at San Diego (UCSD) available through
CONNECT.
EDUCATION PROGRAM
The key to the success of an. incubator is its education program. Types of programs include:
'ir/t$ /cl//tl?
ThW Ouality Mana~ement (TOM Trainin~ - the foundation of our education program that is
actually a philosophy of doing business based on Deming's 14 principles of management as a
guide to implementation. It is a system designed to provide a company (the entrepreneurial team in
the incubator) with the training, skills, methods, and encouragement required to do a world class
job. The course is based on the ISO 9000 standards for quality systems to provide uniform
international guidelines for quality systems.
The TQM training is a successful program funded by the State of California Employment Training
Panel (ETP). The High Technology Foundation was funded in fiscal 1992-93 for $150,000 to train
150 students, and ETP has expanded the funding to $300,000 for fiscal 1993-94 to train 300
students. This expanded TQM program will service the incubator tenants. The program consists of
50 hours of classroom training and 50 hours of on-site application to the student's business.
Subjects covered in the course are:
* Total Quality Management
* Total Customer Satisfaction
* World Class Performance
* Information Technology
* Continuous Improvement
* Deming's 14 principles
* The Workforce in Transition
* Manufacturing in an Oversupplied World
* Continuous & Integrated Assembly
* The ISO 9000 Standard
* The ISO 9000 Quality Management System
* The ISO 9000 Models
* Steps to ISO 9000 Registration
* Standard Quality Audit
* Team Management
* Quality Tools
* Concurrent Engineering
All incubator tenants will be required to complete the TQM training program within four months
of entering the incubator program.
Quality Control Systems & Procedures - class covering the specific quality control systems and
procedures for a company to meet the requirements of Mil-I-45208, Mil-Q-9858A and/or ISO
9000. Equipment and tools to implement and perform quality control procedures will be available
on a shared basis at the incubator.
An entrepreneurial outreach program will be offered as one of the ways to select incubator tenants
and provide education, training, and consulting services to established companies that have no need
to relocate within the incubator facility. This program will include:
1. Entrepreneurial Academy - a six-month boot camp "for entrepreneurs provided through the San
Diego Community College certificate program covering such areas as: Business Plan
Development, Financial Analysis, Marketing, Legal Basics, Bookkeeping, Business
JA'J~ J;L--)!JV
2. Developing a Business Plan - a step by step "how to" workshop to develop a business plan
including the organizational plan, marketing plan, and financial plan.
3. Small Business Workshops - 3 to 4 hour seminars on various marketing and business
management subjects. Topics include but are not limited to:
a. How to Achieve Total Customer Satisfaction
b. Marketing for Small Business Owners
c. Team building
d. Business Financial Management
e. Employment Taxes
f. Legal & Insurance Considerations
g. Advertising & Promotion
h. Record keeping
i. How to Hire, Motivate & Keep Employees
j. Patents, Trademarks & Copyrights
PROFESSIONAL NETWORK:
The incubator manager is responsible for the utilization of professional consultants by incubator
tenants when the needs of the incubator tenants are better served by the expertise offered by these
individuals. Examples of specific areas for assistance include:
'" review of product design for technical feasibility, manufacturability, and marketability
'" review of manufacturing methods and processes
'" productivity and quality assessments
'" business systems and access to databases
'" networking assistance with plant layout and operations
'" advice on acquisition of equipment
'" selecting qualified suppliers
A network of professional consultants in a variety of fields will be available for one-on-one
consultation for incubator tenants and those participating in the entrepreneurial outreach program.
A database of the network will be maintained on computer by The High Technology Foundation
and will draw from the network of pro-bono consultants developed by the Small Business
Development Center in La Jolla and the Small Business & International Trade Center located at
~.J;t- /2 ~/tl/
Southwestern College.
Additional consultants specializing in technical aspects of technology-based product development
and manufacturing will be added to the network from the breadth of engineering and product
development consulting fInns and self-employed consultants existing in San Diego county.
Executive-level consultants can also be obtained through the database of Interim Executive
Associates, a fIrm specializing in providing executives on a part-time or temporary basis.
The consultants that are part of the SBDC network agree to provide so many hours of consulting
per month on a pro-bono basis. The SBDC clients usually don't have long-term consulting needs
so pro-bono consulting suffices.
On the other hand, incubator tenants may need long-term consulting in specifIc areas. Therefore,
they will be offered a certain number of hours per professional consultant and then enter into a
reduced fee structure that will gradually escalate to full fees over the course of the incubator
tenancy, which averages two to three years.
When the incubator executive director discerns that a tenant needs an outside consultant, the
following procedures will be followed:
- Assist the tenant in the selection of a consultant by identifying capable pro-bono or for-
fee individuals or fIrms.
- Meet with the consultant and tenant to outline the scope of work, fee arrangements,
timetable for task completion, confIdentiality, etc.
- Meet with the tenant and consultant to negotiate the letter agreement for the consulting
services.
- Conduct an exit interview to review the consultant's services for completion of tasks
and evaluate the continuation of assistance for the tenant in this or other areas.
EDUCATION PROGRAM FACILITY AND EQillPMENT:
The incubator facility shall contain a room large enough to accommodate up to 50 persons (at least
30 X 40 sq. ft.). This room can be used for training programs, workshops, special events, as well
as serving as a lunchroom for incubator tenants.
The following equipment will be needed:
1. Folding tables to accommodate 50 persons
2. 50 folding or stacking chairs
3. Overhead projector and stand
4. VCR and TV monitor
5. Slide projector and screen
6. White board
7. Flip Chart and stl!fld
8. Pointer
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9. Markers
10. Computer and display enhancer
MARKETING
There are two areas of marketing for the incubator program: (I) marketing for funds and (2)
marketing for incubator tenants. Each area has an initial development phase and an on-going phase
after the incubator is operational.
FUND-RAISING:
The target market for fund-raising is split into two categories: public and private. Public funding
can be sought from non-profit organizations, universities, and government entities such as federal,
state, and city agencies. Private funding cam be sought from banks, real estate developers, private
foundations, corporations, and private investors.
PUBLIC:
Obtaining public funding is a very time-consuming, complicated, and lengthy process. Public
funds are usually awarded as a result of a formal proposal process. Each government agency has
its own format and procedures for submission of proposals. The High Technology Foundation
already went through a lengthy proposal process to obtain funding from the State of California
Employment Training Panel for the Total Quality Management Training Program that will be part
of the education program of the incubator.
Some of the government agencies that have programs applicable to incubator funding are:
Federal
Community Development Block Grant - HUD
Economic Development Agency - Department of Commerce
Technology Reinvestment Project - ARPA
National Institute of Standards & Technology (NIST)
Advanced Technology Program - DOD
State
Department of Trade and Commerce
Employment Training Panel
Enterprise Zone
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Economic development divisions or corporations of the city in which the incubator is to be located.
At least six bills have been submitted recently to the California Legislature that would have either
direct or indirect advantages to business incubators. The California Business Incubation Network
supports the merger of two Assembly Bills, AB 648 and AB 1246, to create a mechanism for a
California Challenge Grant Partnership patterned after the successful Ben Franklin Partnership Act
in the State of Pennsylvania. There would be three regional centers for administering the California
Manufacturing Excellence Program that is part of bill, and San Diego would be the location for
one of the centers.
PRIV ATE:
Private funding is no less time-consuming but without the bureaucratic entanglements of public
sources. Funding from non-profit organizations usually comes in the form of grants awarded in
response to solicited or unsolicited proposals. The High Technology Foundation has already
submitted initial introduction letters to five non-profit foundations.
A real estate developer will be sought as an investor in the incubator property itself with
opportunities offered to invest in incubator tenant companies as well.
Local banks are another source as part of their commitment to invest in the community to meet the
requirements of the Federal Community Reinvestment Act of 1977. Bank of America, Wells
Fargo, and Grossmont Bank have submitted updated plans to the City of San Diego within the
past year.
Private investors known as "angels" will also be sought along with investment by major
corporations headquartered in San Diego along with other local businesses.
BENEFITS TO STAKEHOLDERS:
The Environmental Technology Incubator opens new opportunities for investing in high growth
entrepreneurial businesses. By providing an environment wherein experienced management
compliments the ability of entrepreneurial teams, these teams will more effectively meet the
challenges of an emerging business.
Benefits of a successful technology-based incubator are unique to each stockholder. The
combination of these stakeholders increases benefits for each other through synergy of their
specialized functions and qualities. Benefits for stakeholders include:
Private investors - risk mitigation and the opportunity to participate in a ground floor
investment.
Real Estate Developers - revenue from incubator tenants and demand for additional space
as incubator expands and tenants graduate.
Incubation Management team - creates an opportunity to select, cultivate, and participate in
the fmancial success of targeted growth businesses.
~/;2 ----//~
Non-Profit Organizations - opportunity to represent membership interests to emerging
businesses by delivery of services, network contacts, and the administration of target
donations. Expands role and cash flow for the non-profit organization.
Universities and Colleges - creates a productive channel for university research
departments to license and spin off technologies to entrepreneurs, creating additional
revenues for the university.
Government and Community - an increasing tax base and new jobs for residents of the
community are direct benefits. Indirectly, the incubator is a long-term strategy that can
improve:
* The global competitiveness of businesses and the balance of trade
* The acceleration of successful entrepreneurship
* The generation of downstream economic benefits
* Community viability, pride, and leadership
Major Corporations - a way to invest in a range of technologies of strategic interest and
assist emerging businesses to create customer/supplier relationships.
Utilities - impact the growth of entrepreneurial businesses which favorably impacts
demand for energy, water, and sophisticated telecommunication services.
Local Businesses - expand local economy and gain new customers and business
relationships.
STRATEGY:
The High Technology Foundation will submit proposals to all appropriate government agencies
and non-profit organizations for both initial development funds and on-going operational funds. A
formal presentation including a brochure and overhead transparencies will be prepared for potential
investors based on this business plan and emphasizing the benefits to each group.
MARKETING FOR INCUBATOR TENANTS
MARKET ANALYSIS:
San Diego enjoys a diverse, balanced economy in contrast to its previous dependence on the
aircraft/aerospace industry and military spending. Industry in San Diego is basically classified as
"light," "clean," or "high tech" in comparison to the heavier industry of Los Angeles.
San Diego county extends from Oceanside in the north to the U.S. border with Mexico to the
south. The county takes in 4,255 sq. miles, which is about the size of the state of Connecticut.
However, almost all the industry is located in a strip 15 miles wide along the coast
There are over 1,000 high-tech firms in the area, including such electronic giants as Hughes and
1~ /c2-//3
,
Loral and such medical leaders as IV AC and lMED. However, less than 1 % of these firms are
large businesses with over 500 employees, and about another 1 % or 100 companies employ 150
or more. The 98% balance consists of 2% employing 51-100, 4% employing 21-50 and 92%
employing under 20 persons according to data published in 1991 by Contacts Influential.
The majority of these companies are located in industrial parks scattered throughout the county,
with the heaviest concentration in Keamy Mesa, Sorrento Valley/Mesa, Mira Mesa, and Rancho
Bernardo areas of San Diego proper. The cities of Chula Vista (Otay Mesa), Carlsbad, San
Marcos, and Vista have expanded dramatically in numbers of companies located in business parks
in the last five years.
With Mexico at its southern border, San Diego has become a key region for a rapidly expanding
maquiladora industry. International firms such as Sanyo, Sony, Mitsubishi and Kyocera have
established facilities near the border and across the border, and many more are being added each
year.
In addition, several companies from the greater Los Angeles area have relocated to San Diego,
such as Puritan Bennett and Beckman Instruments.
Directories such as the San Diego Business Journal Manufacturing Directory and the
Southern California Manufacturers Directory list companies by Standard Industrial
Classification (SIC) codes, and the following codes cover the main types of technology-based
companies in San Diego:
3400 Fabricated Metal Products
3500 Industrial Machinery and Equipment
3600 Electronic and other Electric Equipment
3700 Transportation Equipment
3800 Instruments and Related Products
3900 Miscellaneous Manufacturing Industries
5000 Wholesales Trade-Durable Goods
The San Diego high technology market expanded by 38% between 1986 and 1990 according to the
San Diego Chamber of Commerce Economic Bulletin, October 1991. The recession and defense
cutbacks caused a reverse trend in 1991 and 1992 with about a 20% reduction in employment
figures according to the High Technology Industry Report Employment Breakdown released
in March 1993. This employment reduction has primarily been at companies employing 100 or
more. However, the employment figures for high-technology businesses in San Diego county are
currently estimated at over 100,000 persons.
According to the October 1991 San Diego Economic Bulletin, manufacturing accounted for more
than 29 percent of San Diego's 1990 Gross Regional Product CGRP)" or 16.4 billion out of 55.0
billion. Due to the recession and defense cutbacks, this figure dropped to 27.4% in 1991. The four
top manufacturing sectors are:
Aerospace, shipbuilding, and other transportation
Electronic and electrical machinery
Instruments
Industrial machinery
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These four sectors contribute about 10.6 billion to the GRP, and incorporate the main markets to
target for recruiting incubator tenants. These main markets can be split into the following segments
that would be applicable to the types of companies to be located within an incubator facility that has
an environmental technology focus.
Air & water pollution control equipment
Assessment, Monitoring, and Remediation Equipment
Conservation products
Electronic components (electric cars, mag lev trains)
Electronic instruments
Environmental controls & sensors
Products manufactured from recycled materials
Sewage treatment technologies
Test and Measurement Equipment
Water Treatment & reclamation equipment
GROWTH POTENTIAL:
San Diego's technology industries represent a broad and diverse range of market sectors. The
largest employment segment up to now has been in aerospace and related defense technologies,
followed by electronics and computers. Software continues to be the largest segment of the market
based on number of companies, though employment in individual companies is substantially
lower.
The greatest growth between 1983 and 1991 was in the three SIC codes for industrial machinery,
electrical and electronic manufacturing, and measuring instrumentation. These segments grew by
25-30% in eight years.
According to the Environmental Business Journal, 1992 revenues generated by the
environmental industry exceeded $134 billion in the United States and $300 billion worldwide.
The environmental technical field is predicted to grow by as much as 25 to 50 over the next ten
years.
According to the U. S. Environmental Protection Agency (EPA), roughly 2- of our Gross
National Product (GNP) is currently being spent on protecting and restoring our nation's air, water,
and land. The EP A predicts that these environmental expenditures will increase to 3% of GNP by
the year 2000.
Pollution control investment over the next decade will be driven by major land, air, and water
pollution regulations passed by Congress in the mid 1970's and greatly expanded over the past ten
years. EP A estimates that in terms of projected 1997 media shares of pollution control capital
expenditures (Le., expenditures related to the environmental media carrying the pollution) the
breakdown is as follows: 36% water, 34% land, 27% air and radiation, 2% chemical control, and
2% multi-media.
In addition, the non-EP A regulated share of annualized pollution control costs are projected to
increase by 140% as a result of military and nuclear waste clean-up.
v JYr3 /2. ~jJ5
California's environmental industry generates approximately 17 of total U. S. revenues, or some
$22.8 billion and approximately 10% or $30 billion of worldwide revenues.
It is estimated that over 50.000 new jobs will be created bv 1996 for Californians in the
environmental technolol!V arena
SALES PLAN FOR OBTAINING TENANTS:
Marketing for tenants is completely different than marketing for investors. The primary channels
to reach the market are:
TV
Radio
News media
Networking
Direct mail
Telemarketing
Traditional advertising methods will not be the most effective because we want to draw only the
right kinds of companies into the technology-based incubator. The best way to get exposure on TV
and radio would be through interviews on talk-show type programs where information could be
presented on the incubator program and the type of companies that are being sought as incubator
tenants.
News media exposure will also be sought in the form of articles and interviews instead of ads due
to the desire to draw responses from the right kinds of new ventures.
One of the best methods will be to network with the three existing Small Business Development
Centers, engineering consulting firms, trade associations such as the American Electronics
Association, Electronic Representatives Association, various engineering societies, MIT Forum,
UCSD's CONNEcr program, etc.
Direct mail solicitation to entrepreneurs and start-up ventures is another good avenue for finding
prospective incubator tenants. The database for this direct mail program can be drawn from client
referrals from the Small Business Development Centers, engineering design consulting firms, and
manufacturers' representatives in the local chapter of the Electronic Representatives Association.
Telemarketing will be used as a secondary channel to follow up on leads and referrals from the
previously mentioned marketing methods.
STAFF:
The initial marketing for both investment funding and incubator tenants will be conducted by
current staff of The High Technology Foundation. When funding is available for the incubator,
another staff person will be added to assist in performing telemarketing and other support tasks.
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COMPETITION:
There is currently no other direct competition in the form of an incubator facility geared for
companies with an environmental technology focus. The only other existing San Diego incubator,
the San Diego Business Innovation Center, is a mixed-use facility for service and light
manufacturing companies. It does not have the space and equipment suitable for incorporating
technology-based companies.
The City of San Diego is in the planning stages of developing an incubator for technology-based
companies. The city's Economic Development Division has submitted a proposal to the
Department of Commerce Economic Development Agency for this incubator and plans to locate it
on the property of the San Diego Center for Applied Competitive Technology (CACT) in
downtown San Diego. No particular focus for the technology-based companies is planned at this
time.
There are 26 executive suite facilities listed in the San Diego Yellow Pages but these facilities do
not provide any training or management assistance nor have manufacturing space available. There
are some industrial complexes scattered throughout the county that have provisions for shared
space and equipment at reduced rates but again, no training or management consulting is available.
There are several private firms that provide both space and limited management or design
assistance to sub-lease tenants but usually for only one or two companies at a time. DynaPac is
one such company that helped Pixis grow into a viable company in this manner.
Business development and management consulting is available from the SBA's Service Corps of
Retired Executives (SCORE) and the three Small Business Development Centers located in San
Diego County but no facility is available through these agencies in which to locate a start-up
venture.
Private business development and management consulting is naturally available from a multitude
of private consultants for those entrepreneurs able to pay market price for the services. Depending
on the type of service, these rates can range from a low of $50 per hour to a high of $200 per hour
for legal or [mandal counsel.
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TOT AL PROPOSED COST
This section will identify total start-up and funding costs described in detail in the operations
section
Staff
24 Month Development and Operation Period
Incubator Manager ( 1 full-time) $ 140,000.00
Receptionist/Clerical (1 full-time) $ 50,000.00
Data Entry Specialist (2 full-time) $ 80,000.00
Engineering Specialist (1 full-time) $ 100,000.00
Training Personnel $ 0.00
Benefits (at 20%) $ 74,000.00
Administrative Equipment and Supplies $ 95,000.00
(includes office furniture, computers, software, etc.)
Manufacturing Equipment and Support Costs $ 165,000.00
Facility Costs at 30,000 Square Feet $ 48,000.00
Facility Improvement (TI) $ 394,000.00
General Costs (legal, accounting, consulting, etc.) $ 60,400.00
Education and Training $ 27,800.00
Marketing, Engineering, Architectural $ 125,000.00
Total $ 1,359,200.00
COST TO GOVERNMENT
Based on matching funds as proposed below the TRP grant requested consists as follows:
Total requested TRP funds
$ 1,359,200.00
$ 449,000.00
$ 910,200.00
Total 24 month development and operational costs:
Matching funds/in kind contributions
FUND MATCHING AND IN.KIND CONTRmUTIONS
. ETP funded ISO 9000 training program through the High Technology Foundation (based on
both Executive Outreach and in-facility training of tenants at 300 trainings at a fixed cost of
$995.00 per training for 100 hours)
$ 298,500.00
. Tenants fees based on 80% occupancy or 24,000 square feet over 2 years cost per square foot
is $2.00 and shared space at escalating fees based on product development, market position, etc.
$ 100,500.00
. Cash funding through support from the Electronics Representatives Association, High
Technology Foundation, San Diego Electronics Shows, etc.
$ 50,000.00
~ /;l.-IIg<II~-13h
~
f<<.IfJ:'? .,,~
Environlnen-ral Technology
Fad Shee~
January 14, 1993
The San Diego based Environmental Business Journal has identified twelv.e different segments
of the environmental technology industry, all of which have a strong presence in California.
· An.Jytical Services (AS)
· ';Solid Waste Management (SWM)
· Hazardous Waste Management (HWM)
· Asbestos Abatement (AA) .
· Water Treatment (WT)
· Private Water Utilities (PWU)
. EngineeringiConsulting (ElC)
. Resource Recovery/Recycling (RRJR)
. Instrument Manufacturing (1M)
. Air Pollution Control (APe)
· Waste Management Equipment (WME)
· Alternative Energy (AE)
. Full cxpl.arw.ion of the Indwuy SC'gmc::nt data is published annually in. Earl April issue
In 1991, these industry segments provided over 180,000 jobs for Californians with revenues of
$20 bi"ion.
1991 California Jobs In Thousands
s.-.:L..~ _.w"--.IowML,s..ClMpt'lf'l2tS-lAS
6 0 K r-'
40K 1-
20K -
I
AS
~>w
:..;,.."..... f.~-.;..,~
. _..'._h. ._. '"".""
SWM HWM
~
PWU
~...'."""
::: :;." .
AA
~
WT
E/C RRIR
1M
~
APC WME
AE
1991 California Revenius in Billions S
.
s..a.... . ...A....JoumIL..o.p(,tf).,.'HIS
.-
4
2
-=- -=-=-- -- - --
AS SWMHWM' AA WT PWU E/C RIlIIl 1M APC WME All
- more-
fJ-F'Jry / J- 'il/
c
By 199.6, those fi~res are expected to grow to nearly a quarter of a million jobs and $27
billion in revenues.
1996 California Jobs in Thousands .......,.............._._...0-.,'''' ,,~""
lOOK I'
50K --
AS
AA
~~
WT pwu
~
:A~~ ~ft.~
E/C RRIR
~~
SWM HWM
~
1M
APC WME
AE
.1996 California Revenues in Billions S
s.-.cL. __ _Bwir-.Joua.LSoIA~(fl" 2f$.'HIS
6
4
2
. :~;fi&~:
~""~1 ~::..a~.~ ........
~. ..w.~ . .....:;:;m
WT pwu
:~\fM~
AS SW HWM AA
RRIR 1M
APC WME AE
Nationally, this industry employs nearly a million workers with 1991 revenues of$120 billion.
1991 National Jobs in Thousands SooncL..'_ ...__........'"'' "So_
300K r
200K
lOOK
.AS SWM HWM AA WT PWU E/C RRIR 1M APC WMI! AI!
1991 Natiol:lal Revenues in Billions S
SolnEL..__ ..ra--MwNi.SMDiIIo<'.ft 2f$.'HU
30
;0
10
AS SW HWM AA WT PWU E/C RR/R 1M APe WME AE
. National Environmental Industry Revenues are projected to reach $180 billion by the year
2001.
National Revenues by Year in BiUionsS _"',L '__"_(Qt)~-
::.::x,......~<<<<,
1916
1919
1992
1995
1991
2001
100
100
1910
1913
JP{t /2-/.20
250K
240K
230K
220K
210K
200K
190K
1SOK
170K
160K
150K
140K
130K
120K
llOK
lOOK
90K
SOK
70K
60K
SOK
40K
30K
20K
10K
Projections for Environmental Technology Jobsfor
Californians by Year
1991
1992
1993
1994
1995
1996
Source: EJr,ironmc:nW au.u-1oumaI. SaIl Diego (619) 19$-768$
~ );2.~/..2/
.
Projections for California Environmental Technology Revenues
by year in Billions
27
26
25
24
2,3
22
21
20
19
18
17
16
15
14
13
12
11
10
9
8
7
6
5
4 -
3
2
1
1991
,.
1992
1993
1994
1995
1996
Soun:<: En~ Busin= JoumaI. San Dicco (619) 29'.768'
JTfIJ'/ ~ ~ /;2;2-
'.
--
-
1
-
3
"'C
(t)
....
-
Q)
OJ
(t)
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o
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'.
1
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I
TilE CITY OP
SAN DIEGO
1200 THIRD A V}):NUE . .~UlTE 1620
.~N DIEGO, CAliFORNIA 92101 -4199 . TRIJ'J'HONE: (619) 23~O.l9
f-AX: (619) 2J6-6J/2
ECONOMIC
DEVELOPMENT
PROGRAM
July 21,1993
Ms. Michelle Nash-Hoff
President
The High Technology Foundation
8885 Rio San Diego Drive
San Diego, California 92108
Dear Ms. Nash-Hoff:
The City of San Diego supports your efforts to establish an Environment Technology Incubator in
the planned Border EnvIronmental Commerce Zone. It will provide an infrastructure for the
successful transfer of technology and help small businesse.~ to develop and market environmenllll
prod UClS.
The Environment Technology Incubator will be complementary to the High Technology Resource
Center, the linchpin of the San Diego region's strategy for economic conversion, part of a grant
application to the Economic Development Administration and to the Technology Reinvestment
Project (TRP) Regional Technology Alliance sponsored by the Slate of California as the Gold
Strike Partnership.
The partners in the High Technology Resource Center will be able to assist you in the
establishment of this promising project which will benefit our region as it helps create new jobs to
replace those lost to defense cutbacks.
Sin~/6;C)
"'14Y~'
Kurt ChilcOll
Director
~ j) --/~/I
- - - - - - - - - - - - - - - - - ~ . - - - - - - - - - - - - - - - - - - - -. - - - -. - g~ ~- - - - - - - - - - - - - - - .~~ - - - - - - - - - - - - - - - - - - - - - - - - - -.. -
(
Califor.nia::Bu.si~,~S$:\lncu;b~Jlon Network (CBIN)
An assoclalion of 11Icubatoropuato/'S mi~~dl'OCai~ JostCrlil~ the. deIIclopmellt of IIIIW businesses In California
JIoanl of DIredO<s
Sbdt WuhlOf'H'o Prakkat.
...ll.... ~c.rp.
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u.s.SlNllu........
Admw.tr.l~;
July 19, 1993
.
Ms. Michele Nash-Hoff
President
The High Technp10gy Foundation
a885 Rio San D:iego Drive
San Diego~ eA9l08 .
Dear Ms. Nash-Hoff:
california Business Incubation Network is pleased to be
a part of the proposed Environmental Technology
Incubato:r;: - an: infrastructure for the successful
transfer oft<echnology. and the growing of small
businesses in the envlio~~ental field of defense
conversion. I.commerid your effort and that of The High
Technology. Foulldat1orr to establish this incubator
system to cultivate and successfully market
environmental.t>roducts and services.
We see the implementation of this incubator as the
epitome of interfacing the public and private secto.rs
to distributeglobal'!=lusinE;lSS and technical information
to develop new; products for the global marketplace.
CBIl'IIs capabilities include the business and incubation
expertiseina~dition to the networking capabilities
for reaching the tho).l'sands.of businesses in our
incubator netwqrkna~ro.n~lly and internationally.
Should an. awa.t'dbe mai;le, .we can immediately assist
with the development and implementation of this
project. . ., .
congratulations on the positive responses you have
received fromtheSta~e of California and the cities of
San Diego and 9hula VistCl: to. assist with the formation
of the Environl\lental ,Techno.logy Incubator that will
revo.lutiorilzetMwaywe :turn ideas into products in
order to. ml;lKim.l.ze the:' benefits to the regional and
national economies iilf(<ikeep the U.S. on the cutting
edge of tlfe'g19bal Co'l!iPliltition.
CaIN supports tour TR? application and we are looking
forward to working with you as an active member o.f the
consortium.
sfnce~!ilY' . .' J .,J
J~ 0<. Naja?, 1 l;(,fI itlG(.
ISheila H. Washington
President
JY6?f };2 ~/)5
, - SAN DIEGO CONSORTiUM & PRIVATE INDUSTRY COUNCIL
!
. A Workforce Partnexship"
JYWINNSa~
tf ~
~ 1'1u!ml1lNJ'f.... ~
~ AWA1IJ3 ,~
~ "l'Io\mNa--1J
~> ./1:...11#
Juno 15, 1993
The Honorable Tun Nadel'
Mayor Ot'Chul8 VISta
276 4th Ave.aue
Chulll Vista, CA 91910
Dear Mayor Nader:
AM meetlns with the Chula Vlstll Bnvironmeotal Zone Tuk Force and reviewing the
Bordet Environmental Commerce Zone (BECZ) eoncept paper. we find that the BECZ
objectives and program e1emCllts are complcmc:ntBr)' to plans and strategies promulgatefl
under the San Diego :Eeonomlc Adjustment Program.
It is encounsing to see increasing awareness in the San Diego region that ~nomlc
c1eve1opmcnt tau provide tanelb1e incentiVC3 for promollng btlSiness IUId l;al1 provIde
assistllllCO to IIlpport their continued succesa. BBCZ 'ReSOUl'l:C Cenw" 8Ild 'Incubator"
assistance elements mirror tho implementation direction that the San Diego regional.
program. is promoting.
In tentlS oC regional ecolloltlic development, our programs can support and elIpand upon
what each individually may e.ccomplish. Everyolle benefits from such synergy.
The 'BECZ proposal offers hope for creating jobs,. for introclucina and expandlns business
and for mitigatl11g Impacts that displa* SlUI Diego workers have experienced through
defense Industry downsiZns and a local repressed economy. We support these objectives.
Please keep us Informed of your pro8l'am's progrcliS and oEbow we may COIlabor4W and
cooperata in th, filMe.
Sincerely,
~etJ
CharlJ.e Clark
Economic Adjustmeat PtogIllll1 Director
-
1S51FourIlsAw.",,' SuileiSlXl' Sonl)"lqo.CA92101' (019I~t~. 'AJ((619123&-G063
.trrr ).2 ~ /,26
.
~{~
:-~~ ~
~~~
.oiiW~~...
CIlY Of
(HUlA VISTA
COMMUNITY DEVELOPMENT DePARTMENT
July 22, 1993
Ms. Michelle Nash-Hoff
President
The High Technology Foundation
8885 Rio San Diego Drive
San Diego, CA 92108
Dear Ms. Nash-Hoff;
The City of Chula Vista endorses your proposal for TRP funding for an Environmental
Technology Incubator (ETI). M you know, the Chula Vista CIty Council has initiated an
innovative regional alIlance to assist the development and deployment of environmental
businesses via the California Border Enviromnental Commerce Zone (BECZ). An
Environmental Incubator is a key component of this program which has been endorsed by
numerous state and federal representatives as well as the State of California, business and
environmental groups, San Diego County and others.
We are currently applying with the State of California for TRP funds to establish an
Environmental Technology Resource Center (ETRC). Your proposed ETI could link directly
to the ETRC which in turn will be a satellite of the San Diego High Tech Center, one of the
state's three regional technology centers under the Gold Slrike Partnership.
We wish you success!
~~
Chris Salomone
Community Development Director
CS/CLD/ak
cc: John D, Goss, City Manager
Cheryl L. Dye, Economic Development Manager
A:\NASl11tl)'Pf.LET
~ /.,2/)c/7
276 FOURTH AVE/CHU~A'VISTA. CA~IFORNIA 91910/(619) 691-0041
SIERRA CLUB, SAN DIEGO CHAPTER
San Diego and Imperial Counties
1820 Ray SlrCCt
S.n Diego, CA 92104
June 11, 1993
Mayor Tim Nader
City of Chula Vista
276 4th Ave.
Chula Vista, CA 91910
Dear Mayor Nader:
On behalf of the San Diego Chapter of the Sierra Club, I wish to memori-
alize the Club's strong support for the Environmental Commerce Zone recently
adopted by the City of ~ula Vista. We believe that this proposed program
represents a superlative melding of the need to reconcile environmental
responsibility with economic well-beinr.
The Club recogn~zes that the San Diego region IS faced with the reality
that it can no longer depend upon traditional military/defense industries to
serve as the backbone of its economy. Economic diversification is no longer
a luxury, it is a requirement. Having lost most of its large employers, San
Diego County has, by default, becoMe a center for small business.
We believe that cities in San Diego County are uniquely positioned to
become centers for emerring environmental industries. 'Never before have
eCOlogical need and public demand for environmental technologies converred as
they have in this decade. The policies of the new Clinton-Gore administra-
tion will place environmental technologies in the forefront of this decade's
emerging technologies.
Chula Vista's Environmental Commerce Zone represents a means of address-
ing San Diego's economic and environmental needs and should be developed with
due haste and energy.
chael Shames
Chair, Sierra Club Political Co~ittee
.
Jrtj6 J2/J;l~
. ,
.
BOB FILNER
)(f'lH OlsrlltC'T. CAU"OK....I"
."'~
;:r;j .,
) .
'~
PUSLIC WORKS AN!')
TRANSl"OKrATION COMMITit:t:
* CA.NHON IUILnlHQ
WAllIllf<l,TON, DC :10m
Be I)OZ)21HOoIS
'AX, (101) U$.lIO'lJ
", P tn.ar. SUITl ;.
CWlAA VISTA. CAI.I,oaNIA '1910
_111"'=,1'"
'A)&ICtlt,,,;u.7Z90
VETERANS' AFFAIR!
'. COMMITTEE
CONGRESS OF THE UNITED STATES
HOUSE OF REPRESENTATIVES
June 15, 1993
Tom Epstein
Special Assistant To the President
For Political Affairs
Old Executive Office Building, Room 151
Washington, DC 20500
Dear Tom:
Thank you for soliciting my input on the proposal for a
Border Environmental Commerce Zone in Southern
California.
I am a strong supporter of this proposal to provide
incentives and assistance specifically for
environmental technology businesses in an area that
stretches 15 miles north from the Mexican border in San
Diego.
The proposal is important for a numoer of reasons. It
promotes environmentally sound technology and
environmental cleanup in an area certain to be affected
by NAFTA. It also promotes the development of jobs and
new technology in a region devastated by defense
cutbacks.
I hope that the Administration will do everything
possible to ensure that this plan becomes a reality--
and a model for other cities along the 2,000 mile U.S.-
Mexico border.
Si
FILNER
er of Congress
BP':gd
cc: Bill Woodyard
~ /~/'/.2?
_..
San Diego Economic Development Corporation
Juno 15, 1993
The Honorable ~er and City Council
City of Chul. Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Hayer Hader and Members of the Council:
The San Diego Ecenamlc Development Corporation Is pleased to support the I
Border Environmental Connsrce Zone proposed as a multi-jurisdlctfonal effort
by the City of Chula Vista.
As a regional econo~lc developroent agency, we view the Border Environmental
Commerce Zone as a positive step toward en~oura9ing businass to locate and
expand 1n the San Diego regton. This program shows great promise as a job
creattng entity, and h~s f~r reaching and Innovative aspects as . unifying
coalition'withln the San Diego area.
The San D1ego Economic Development Corporation looks forward to continuing
to work together to expand business opportunities In th8 greater San Diego
region.
""."t" ~
0""" O. ..,. {J, ~
Pras1dent
DP:pm
,
.J.
701 B Slit=!, Suit< IS5O, s.n rn.;o. c.lifomla 92101, (619) 234-&4&1. Fa (61') 2*-1935
""rOt....... SuI tlItp', .p...!__
ro-loII, I.m.W \.r ""Cloy.'" M/ ('__,,1$.. !>lor
. .
. - .
~ );2. --';3#
(
It
South San Dieg? County
Economic DeVelopment Counal
Tbf AJlordabfR OzIifor,1iIJ.
IVI1JxnIt COmpro,rti$iI.
'.
June l~, 1.993
'rhe HonoraJ)le Ti:m Nader
01 ty oj! ChuJ.a Vista
27Ei Fourth Ave.
Chub. Vista, Ca. 91910
Oear Mayor Nader:
At. its meeting ot June :I., 1.993, the South COunty Econolllio
Oaveloplllent COWloil Board of Director:!l voted unanuously to support
the BOrder Environmental COl\llll.et'Ce 7.one (BllCZ) proposed tor South
San Diego.
~is innovative program to attract enviromnental technology and.
servioe industries should prove banef101111 to thQ ent1ra San D1ego/
Baja: california rllgion. ay providing direct;. support for start-ull
c01Ilpanies through tho use of the incuba.tor struc::ture and providing
direct aseistance, mlU1Y Iluch businesses should be interested.
Additionally, the proposed inclusion of federal, state ~nd local
inoentives in tho torm of t.ax oredits, fee waivers, fast tracldnq,
etc:. will assist. our bueiness attraotion efforts if they are
i=plelllentod. .
We look forward to wo.t'Jdng closely with your city and the BECZ non-
prot'it organization in Cleveloping this unique program. Please
contact me is we can 1:;0 of further .llssistance.
Sincerely I
~~p~
OOTJ'G PERKrNS
Executive Oirector
148 1lll1A 3lJLJI ~w, !\Ulll!A,N:ll1utJ:l! Qty. CA. 919'0. (019) 330.2<174
IJ.. c;.W J;2. --- ) ;5 /
~'
!
~
.
lUCA.....~
W~. DC 20118-0&&2
l20ZI 1......72
_1202122_31
:a.. SCMmI "1MlI StaaT
II. -. CA':tazo
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1101 AlllPOllTftlMD.SvmG
1_....CA.nll
(t''''......20
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IIWMtIU. CA. IJ20tII
(t'1) 71&-3.:10
DUNCAN HUNTEIl
'1D1B'tIII:r.~'
. --
_.....,.". COMMITTII
"""_11_ ON NlMID SllMtsI
___CAlI
. ."lIU ....0fiIl
---
_-.mil
.....-OM
RIIlLtIDIND'T'ICM1'KItOGY
1:ltt lOld ~I
ti.~. !\oust of Rtprtsmtati\1ts
DuhD1.gtDn, i'G: 20f11-0112
July 22, 1993
. .
',' .
Ms. Michele Nash-Hoff,Presiden1
TJ:leHigh Technology Foundation
'. 88S5u Rio San. Diego Dtive
San Diego,CA 92108
Dear Ms. Nash-Hoff:
.' .-..'
.' . . I, am writing in support of the efforts of The High Technology
Foundatio.n:toestablish an Environment Technology Incubator in the planned
Border' Envil'Oritnentar,CQmmerce Zone.
ThiswouldPl'9'Ad, ari klhstructure for the successful transfer of technology
and the growirrg.~fS~1I businesses in the defense conversion process to
successfully.~evelop and market environmental products.
. . ,.hisincubatoi'.~uld be a key step in the in1erfacing of the public and
private: "ctorsto deVelop competitive new products for the global marketplace.
, ' . ' . .
. .
. . " . ,
..... Cohgratlslatiorison the positive responses that you have received from
thest$t~of 9alifornia and cities of San Diego and Chula Vista.
':". ; .'
n nter
Member of Congress
OHihSt
. ;.
'.
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Appendix D
PRODUCT DEVELOPMENT EQUIPMENT LIST
Computer
Printer
Plotter
Oscilloscope
Frequency Generator
Voltmeter
Test probes
Soldering iron
Wire wrapping machine
Test bench (2)
Stools (2)
Folding tables (4)
Stock of standard electronic parts
Software
AutoCAD
C++ Borland
Tango 2 Excel
Auto Router
Desktop publisher package
Aldus Freehand
Quality Control tools and eqiupment shall include, but not be limited to:
J 0 blocks
Caliphers
Micrometers
Dial indicators
Height guage 0 - 18 inches
Optical comparatoI'\
Surface granite plate 24" X 36" X 4"
~tfjY/J6
ITEM "e"
Agreement between
City of Chula vista
and
Environmental Business Partners, Inc.
For consulting for the development of Border Environmental Commerce
Zone (BECZ):
Whereas, the City of Chula vista, under the direction of the
City Council formed a Task Force to develop a program called the
Border Environmental Commerce Zone; and
Whereas, the Task Force recommended and the city council
approved funding to hire a full time Executive Director; and
Whereas, the City of Chula vista is in need of immediate
professional assistance to refine the BECZ strategic plan, and
identify and pursue key public and private alliances; and,
Whereas, the proposed consultant will serve as co-interim
Executive Director for the Border Environmental Commerce Zone; and
Whereas, Consul tant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
Whereas, Environmental Business Partners, is known as the
industry's leading publisher on environmental technology, is one of
the most qualified environmental business experts, with experience
in market research, business plan development, environmental
technology development, and strategic intelligence gathering in the
environmental industry.
NOW, THEREFORE, BE IT RESOLVED that the city and Consultant
do hereby mutually agree as follows:
This agreement ("Agreement"), dated 8/25/93 for the
purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("city"), whose business form is
set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the
following facts:
1. Consultant's Duties
ffi 1~-117
2. General Duties
Consultant shall perform all of the services described on the
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
3. Scope of Work and Schedule
In the process of performing and delivering said "General Duties",
Consultant shall also perform all of the services described in
Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not
inconsistent with the General Duties, according to, and within the
time frames set forth in Exhibit A, Paragraph 8, and deliver to
City such Deliverables as are identified in Exhibit A, Paragraph 8,
within the time frames set forth therein, time being of the essence
of this agreement. The General Duties and the work and
deliverables required in the Scope of Work and Schedule shall be
herein referred to as the "Defined Services". Failure to complete
the Defined Services by the times indicated does not, except at the
option of the city, operate to terminate this Agreement.
4. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time
to time reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, city and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
5. Additional Services
In addition to performing the Defined Services herein set forth,
city may require Consultant to perform additional conSUlting
services related to the Defined Services ("Additional Services"),
and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed
fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
6. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
7. Insurance
Consultant represents
subconsul tants employed
required to be rendered,
that it and its agents, staff and
by it in connection with the Services
are protected against the risk of loss by
.-ff 12--/3g/
the following insurance coverages, in the following categories, and
to the limits specified; policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit
A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A,
paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by consultant, which
names City and Applicant as an Additional Insured, and which is
primary to any policy which the City may otherwise carry ("primary
Coverage"), and which treats the employees of the city and
Applicant in the same manner as members of the general public
("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit
A, Paragraph 9, unless Errors and Omissions coverage is included in
the General Liability policy.
8. Proof of Insurance Coverage.
9. Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required,
prior to the commencement of services required under this
Agreement, by delivery of Certificates of Insurance demonstrating
same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional
Insured.
10. Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
coverage and Cross-liability coverage required under Consultant's
Commercial General Liability Insurance Policy, Consultant shall
deliver a policy endorsement to the City demonstrating same, which
shall be reviewed and approved by the Risk Manager.
11. Securitv for Performance.
12. Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need
for Consultant to provide a Performance Bond (indicated by a check
mark in the parenthetical space immediately preceding the
subparagraph entitled "Performance Bond"), then Consultant shall
provide to the City a performance bond by a surety and in a form
.k5' J.J- - J 3;
and amount satisfactory to the Risk Manager or City Attorney' which
amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
13. Letter of Credit.
In the event that Exhibit A. at Paraaraph 19. indicates the need
for Consultant to provide a Letter of Credit (indicated by a check
mark in the parenthetical space immediatelY precedina the
subparaaraph entitled "Letter of Credit"). then Consultant shall
provide to the city an irrevocable letter of credit callable bY the
city at their unfettered discretion bY submittina to the bank a
letter. sianed bY the City Manaaer. statina that the Consultant is
in breach of the terms of this Aqreement. The letter of credit
shall be issued bY a bank. and be in a form and amount satisfactory
to the Risk Manaaer or city Attorney which amount is indicated in
the space adiacent to the term. "Letter of Credit". in said
Paraqraph 19. Exhibit A.
14. Other Security
In the event that Exhibit A. at Paraqraph 19. indicates the need
for Consultant to provide security other than a Performance Bond or
a Letter of Credit (indicated bY a check mark in the parenthetical
space immediatelY precedinq the subparaaraph entitled "Other
Security"). then Consultant shall provide to the city such other
security therein listed in a form and amount satisfactory to the
Risk Manaqer or city Attorney.
15. Business License
Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula vista Municipal Code.
16. Duties of the City
17. consultation and Cooperation
City shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule therein
contained, and to provide direction and guidance to achieve the
objectives of this agreement. The city shall permit access to its
office facilities, files and records by Consultant throughout the
term of the agreement. In addition thereto, city agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
'The City Attorney's Office prefers that you obtain approval
of the surety or bank, the form of the security and the amount of
the security from the Risk Manager in the first instance and not
the City Attorney. The City Attorney's office would be available
on such risk issues as an alternate only if the Risk Manager is
unavailable and the matter can't wait.
k-I{ 1;2 -It/e
prov~s~on of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
18. Compensation
upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on the
day of the period indicated in Exhibit A, Paragraph 18, city shall
compensate Consultant for all services rendered by Consultant
according to the terms and conditions set forth in Exhibit A,
paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph 19
of Exhibit A, and shall compensate Consultant for out of pocket
expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient
information as to the propriety of the billing to permit the City
to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such
payment.
19. Administration of Contract
Each party designates the individuals ("Contract Administrators")
indicated on Exhibit A, Paragraph 13, as said party's contract
administrator who is authorized by said party to represent them in
the routine administration of this agreement.
20. Term.
This Agreement shall terminate when the Parties have complied with
all executory provisions hereof.
21. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in
the completion of this Agreement. It is difficult to estimate the
amount of damages resulting from delay in performance. The parties
have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following
penalty: For each consecutive calendar day in excess of the time
specified for the completion of the respective work assignment or
Deliverable, the consultant shall pay to the City, or have withheld
from monies due, the sum of Liquidated Damages Rate provided in
fi--S );2 /'/1/
Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other
than delays caused by the city, shall be requested in writing to
the city's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the
work.
22. Financial Interests of Consultant
23. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC
filer", Consultant is deemed to be a "Consultant" for the purposes
of the Political Reform Act conflict of interest and disclosure
provisions, and shall report economic interests to the City Clerk
on the required statement of Economic Interests in such reporting
categories as are specified in Paragraph 15 of Exhibit A, or if
none are specified, then as determined by the City Attorney.
24. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant shall not make, or participate in making or in any way
attempt to use Consultant's position to influence a governmental
decision in which Consultant knows or has reason to know Consultant
has a financial interest other than the compensation promised by
this Agreement.
25. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by
the Fair Political Practices commission, and has determined that
Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties
under this agreement.
26. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPCFiler,
Consultant further warrants and represents that Consultant will not
acquire, obtain, or assume an economic interest during the term of
this Agreement which would constitute a conflict of interest as
prohibited by the Fair Political Practices Act.
27. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer,
ft4 /;2-/'-12
Consultant further warrants and represents that Consultant will
immediately advise the city Attorney of city if Consultant learns
of an economic interest of Co.nsul tant 's which may result in a
conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
28. specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor
Consultant's immediate family members, nor Consultant's employees
or agents ("Consultant Associates") presently have any interest,
directly or indirectly, whatsoever in any property which may be the
subject matter of the Defined Services, or in any property within
2 radial miles from the exterior boundaries of any property which
may be the subject matter of the Defined Services, ("Prohibited
Interest"), other than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates
in connection with Consultant's performance of this Agreement.
Consultant promises to advise city of any such promise that may be
made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire any
such Prohibited Interest within the Term of this Agreement, or for
12 months after the expiration of this Agreement, except with the
written permission of City.
Consultant may not conduct or solicit any business for any party to
this Agreement, 'or for any third party which may be in conflict
with Consultant's responsibilities under this Agreement, except
with the written permission of city.
29. Hold Harmless
Consultant shall defend, indemnify and hold harmless the city, its
elected and appointed officers and employees, from and against all
claims for damages, liability, cost and expense (including without
limitation attorneys' fees) arising out of the conduct of the
Consultant, or any agent or employee, subcontractors, or others in
connection with the execution of the work covered by this
Agreement, except only for those claims arising from the sole
negligence or sole willful conduct of the City, its officers, or
employees. Consultant's indemnification shall include any and all
costs, expenses, attorneys' fees and liability incurred by the
city, its officers, agents, or employees in defending against such
claims, whether the same proceed to judgment or not. Further,
Consultant at its own expense shall, upon written request by the
city, defend any such suit or action brought against the city, its
officers, agents, or employees. Consultants' indemnification of
City shall not be limited by any prior or subsequent declaration by
the Consultant.
o J;l~J{/}
30. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely
and proper manner Consultant's obligations under this Agreement, or
if Consultant shall violate any of the covenants, agreements or
stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of
such termination and specifying the effective date thereof at least
five (5) days before the effective date of such termination. In
that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by
Consultant shall, at the option of the city, become the property of
the city, and Consultant shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective date of
Notice of Termination, not to exceed the amounts payable hereunder,
and less any damages caused city by Consultant's breach.
31. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance of
work under this Agreement has resulted in expense to city greater
than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse city for any additional
expenses incurred by the City. Nothing herein is intended to limit
City's rights under other provisions of this agreement.
32. Termination of Agreement for Convenience of City
city may terminate this Agreement at any time and for any reason,
by giving specific written notice to Consultant of such termination
and specifying the effective date thereof, at least thirty (30)
days before the effective date of such termination. In that event,
all finished and unfinished documents and other materials described
hereinabove shall, at the option of the city, become City's sole
and exclusive property. If the Agreement is terminated by City as
provided in this paragraph, Consultant shall be entitled to receive
just and equitable compensation for any satisfactory work completed
on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims
for damages or compensation arising under this Agreement except as
set forth herein.
33. Assignability
The services of Consultant are personal to the City, and Consultant
shall not assign any interest in this Agreement, and shall not
transfer any interest in the same (whether by assignment or
novation), without prior written consent of City, which City may
not unreasonably deny. city hereby consents to the assignment of
the portions of the Defined Services identified in Exhibit A,
Paragraph 17 to the subconsultants identified thereat as "Permitted
Subconsultants".
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34. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be subject
to private use, copyrights or patent rights by Consultant in the
United states or in any other country without the express written
consent of city. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright
or patent, in'whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under
this Agreement.
35. Independent Contractor
City is interested only in the results obtained and Consultant
shall perform as an independent contractor with sole control of the
manner and means of performing the services required under this
Agreement. city maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's
agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed
to be an employee of city, and none of them shall be entitled to
any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits.
36. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the city unless a claim has first been presented
in writing and filed with the City and acted upon by the city in
accordance with the procedures set forth in Chapter 1.34 of the
Chula vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used
by the city in the implementation of same.
Upon request by City, Consultant shall meet and confer in good
faith with city for the purpose of resolving any dispute over the
terms of this Agreement.
37. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the, defense of
the claim, including costs and attorney's fees.
38. Statement of Costs
tA' p.-1'i5
In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or document.
39. Miscellaneous
40. Consultant not authorized to Represent city
Unless specifically authorized in writing by City, Consultant shall
have no authority to act as City's agent to bind city to any
contractual agreements whatsoever.
41. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant
and/or their principals is/are licensed with the State of
California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers
or salespersons.
42. Notices
All notices, demands or requests provided for or permitted to be
given pursuant to this Agreement must be in writing. All notices,
demands and requests to be sent to any party shall be deemed to
have been properly given or served if personally served or
deposi ted in the united States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
43. Entire Agreement
This Agreement, together with any other written document referred
to or contemplated herein, embody the entire Agreement and
understanding between the parties relating to the subject matter
hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
44. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to
the other party that it has legal authority and capacity and
direction from its principal to enter into this Agreement, and that
all resolutions or other actions have been taken so as to enable it
to enter into this Agreement.
45. Governing Law/Venue
yJfY /;2 -)tj/f
This Agreement shall be governed by and construed in accordance
with the laws of the state of california. Any action arising under
or relating to this Agreement shall be brought only in the federal
or state courts located in San Diego County, state of california,
and if applicable, the city of Chula Vista, or as close thereto as
possible. Venue for this Agreement, and performanc"e hereunder,
shall be the city of Chula vista.
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Agreement between City of Chula vista and Environmental Business
Partners, Inc.
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated:__August 25, 1993__
City of Chula vista
by:
Tim Nader, Mayor
Attest:
Beverly Authelet, city Clerk
Approved as to form:
Bruce M. Boogaard, City Attorney
Dated:
[Name of Consultant]
By:
[name of person, title]
By:
[name of person, title]
Exhibit List to Agreement
( ) Exhibit A.
( ) Exhibit B:
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City of Chula Vista
ATTACHMENT "A"
August 7, 1993
1
Assignment uvervlew
There are five main activities that EBP will engage in simultaneol!sly, in order to fulfill its role as
Interim Executive Director:
. Solicit "model" participant companies,
. Pursue additional funding,
. Manage the development and implementation of the BECZ,
. Coordinate the interrelationship between private, local, state and federal entities, and
. Facilitate technology and other strategic alliances
The objectives, discussion and timelines for each of these tasks are as follows.
I. Solicit "model" oarticioant comoanies
The ultimate purpose of the BECZ is to attract environmentally sound enterprises in order to create
jobs and increase the tax base. Therefore the main function of BECZ is to attract and secure
participant companies who fulfill the criteria of the zone.
One of EBP's main strengths is its sole focus on, and intimate knowledge of and access to,
environmental companies. EBP will build on its extensive database, network and relationships and
establish a mechanism that BECZ can use as a "marketing tool" to attract prospect companies into the
zone. This tool will be used to locate and attract the "model" participants.
The initial goal is to initiate dialogue with a broad spectrum of companies, securing the interest of a
"tier" of "model" participant companies for the zone, wherein EBP will endeavor to match initial
participant companies to fit the proposed "tier" of zone incentives, modeling the capabilities of the
BECZ.
II. Pursue additional fundinl!
In order to keep the BECZ growing as a viable entity and program, and to fulfill on the commitment
already established by the City of Chula Vista, it is essential that $150,000 in additional funding be
raised. This will release the additional S50,OOO set aside by Chula Vista for this project.
EBP will work to coordinate multiple funding mechanisms for BECZ from both public and private
souroes. While application for public funding will be lead by the Chula Vista EDD, EBP will
coordinate with Chula Vista staff and/or consultant(s), and will participate in the process of various
grant applications from IP A participants and appropriate state and federal agencies in order to
optimize the success of these initiatives. EBP's primary emphasis, however, will be to initiate contact
with various private sources, including, but not limited to, corporations, banks, private foundations,
venture capital souroes, etc.
The initial goal is to market the BECZ attracting interest in $150,000 in matching funds for the first
year; and to have identified souroes for an additional $250,000 to $1 million within the full term of this
proposal.
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City of Chu1a Vista
August 7, 1993
III. Manal!e the develooment and imolementation of the BECZ
The development and implementation of BECZ will require full time coordinated management by
someone with skills at creating relationships and agreements within both the public and private sectors.
In essence, the BECZ is like any other "start-up" company. It requires a detailed business plan and a
"CEO" to carry it out.
EBP, and its staff, will function as the Interim Executive Director in concert with Chula Vista EDD
and its available resources to perform the following activities.
A. Form a Business Plan, and Operational Plans, including the defmition of major strategic
elements, prioritization and action plans with timelines. 11tis includes but is not limited to,
plans for:
1. The formal establishment of the Joint Powers Authority.
2. The formation of the BECZ non-profit administrative agency.
3. The formation of the proposed environmental incubator.
4. The formation of the environmental technology resource center (ETRC).
B. Develop an asset inventory, including available internal and external resources that can be
leveraged to achieve BECZ objectives.
C. Provide oversight and coordination for funding alternatives and assessment of critical
deadlines.
D. Develop "membership" criteria and role definition for the various participating entities,
including oversight committeeslboards of directors.
E. Manage and perform Steps I, II, and N of this proposal.
F. Identify potential zone incentives, determining which are highly desirable by "participant
companies" and identify structural approaches to providing them.
G. Coordinate the implementation of all action plans.
H. Provide budget evaluation and recommendations.
These activities will be performed continuously throughout the term of the contract with the gnal of
having initiated the formation of the entities in part A and having a documented business plan ready for
a,new Executive Director within eight weeks.
N. Coordinate the interrelationshio between orivate. local. state and federal entities
The BECZ is designed to be a local program that by its nature and geographical presence has state,
national and international implications and importance. EBP understands that local, state and federal
agencies are looking for local programsJhrough which they can team and run their currently developing
environmental technology transfer programs. In addition, many private companies are looking for
"friendly" communities that can assist them in establishing their individual ventures or manufu.cturing
facilities. EBP will map a relationship strategy between all of these entities and help to coordinate the
interrelationship between these various stakeholders.
A primary role once the asset inventory (III.B.) is developed and agreed to by all stakeholders, is to
start making assignments to other resources. For example, the Environmental Health Coalition, a key
task force member, has expertise and stated interest in setting up the "educational program" for the
Environmental Technology Resource Center (ETRC). Similarly, other Task Force members have
expressed interest and can provide credible ongoing input to the program. As part of its inventory of
available resources, EBP will assess and document the status of similar programs in other cities, i.e.,
Burbank, Irvine, Pasadena, etc.
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City of Chula Vista
August 7, 1993
In additiOn, EBP, through its extensive network and involvement on state and federal inter-agency and
public/private partnership committees and associations, will represent the BECZ to yarious state and
federal agencies as part of the development and implementation of the BECZ. These programs include,
but are not limited to, the California Environmental Technology Partnership, the Western Governors
Association (WGA), MOU (the "Memorandum of Understanding" between the WGA, DOE, DOD,
DOl and EPA), DOlT (Develop Onsite Innovative cleanup Technologies) Committee, subcommittee on
Environmental Technology Commercialization, the Environmental Technology Export Council, the
Environmental Business Council, the Environmental Business' Association, UCSD Connect Program,
etc.
Similarly, participation by the private sector will be important to the success of the BECZ. EBP has
extensive contacts in the business and financial communities and will dedicate much of its efforts
toward the solicitation of participation in the BECZ by members of the private sector, including;
investors, service providers and potential joint venture candidates.
These activities will be performed by EBP principals throughout the term of the contract, and beyond,
should the City of Chula Vista so desire.
V. Facilitate technololZV and other strategic alliances
A primary directive of the BECZ will be to provide high quality, efficient delivery of multidisciplinary
services and incentives to participant companies. Additionally, the BECZ will provide the basis for
ongoing technology transfer and corporate partnering. These services require focused depth and
continuity in order to be of substantive value. The BECZ alone cannot, and by intent will not, be able
to provide all of these services. Instead, the BECZ will endeavor to form strategic alliances with other
entities, agencies, professionals, corporations, etc., which will provide services on behalf of the BECZ.
In much the same fashion as a "virtual corporation", the BECZ will not be required to continuously
expand its core resources and budget to accommodate all of its service offerings. It will instead rely
upon "dedicated" outside resources. EBP will evaluate the strategic alliance needs of the BECZ and
facilitate the formation of key alliances, particularly with providers of critical services. EBP recognizes
that the success of the BECZ will depend in great part upon the interaction of various political
constituencies. Mindful of the complexities therein, EBP will approach all BECZ relationships with
sensitivity, emphasizing diligence in communication of all EBP activities with Chula Vista personnel.
II. Pursue additional funding
I. Contact multiple funding sources
2. Coordinate additional requests for funding
Resource Due By
D. Noble Week I
S. BorieID. Noble Week 8
S.Borie Ongoing
S.Borie Ongoing
S. BorieID.Noble Ongoing
S. BorieID. Noble Ongoing
S.Borie Week 2
S. Borie Week 2
Deliverables and Benchmarks
I: Solicit model participant companies
I. Compile and sort lists ,
2. Design initial BECZ marketing program
3. Make Contact calls (150 - 200)
4. Hold contact meetings
III. Manage the development and implementation of the BECZ
I. Document preliminary asset inventory
2. Outline formal business plan
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City of Chula Vista
August 7,1993
3. Identify zone incentives S. Borie/Chula Vista
4. Complete preliminary draft business plan S. Borie
(including allocation of funds and development benclunarks)
Week 4
Week 8
IV. Coordinate the interrelationships
1. Hold necessary meetings with stakeholders
2. Interview and document status and programs in other
cities and connections with local institutions
3. Attend and present at CalETP, WGA, etc. meetings
4. Review and coordinate with other EPA initiatives
S.Borie
Ongoing
D. Noble/S. Borie
G. Ferrier
B. Runkel
Ongoing
Ongoing
Ongoing .
V. Facilitate technology and other strategic alliances (High Priority)
1. Refine databases on R&D and corporate partners D. Noble/S. Borie
2. Make necessary introductions (from 1.2. above) S. Borie
Ongoing
Ongoing
Within eight weeks, EBP will have completed an initial business plan for the BECZ which will identify
the proposed structure of the zone in detail and will; define the roles of the zone's participants,
membership composition and criteria, including boards of directors; identify "user" desirable zone
incentives and actionable implementation strategies; and identify and outline the potential roles of key
human resources and service providers. The plan will incorporate the results and findings of EBP's
contacts with all key "players" as identified in the initial asset inventory, including, but not limited to,
financing entities, potential private sector participants and stakeholders as outlined herein in an
actionable marketing plan.
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- I
Exhibit A
to
Agreement between
city of Chula vista
and
Environmental Business Partners, Inc.
1. Effective Date of Agreement:___August 25, 1993
2. City-Related Entity:
(x) City of Chula Vista, a municipal chartered corporation of
the state of California
() Redevelopment Agency of the City of Chula vista, a
political subdivision of the state of California
() Industrial Development Authority of the city of Chula
vista, a
() other:
,
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula vista, CA 91910
4. Consultant: Environmental Business Partners, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(x ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
Environmental Business Partners
4552 Park Blvd, #306
San Diego California 92116-4039
Voice Phone: (619) 295-7685
Fax: (619)
5777 W Century Blvd, suite
Suite 1125
Los Angeles, California
90045
Voice Phone (310) 645-1600
Fax Phone (310) 215-1025
7. General Duties:
Consultant shall develop a business plan for the formation of the
organizational structure of the BECZ as currently envisioned or as
amended, including a Joint Powers Authority, a non-profit
1
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administrative agency, an environmental incubator and an
Environmental Technology Resource Center (ETRC).
8. Scope of Work and Schedule:
It is the intent of the City and Consultant that Consultant carry
out the attached Scope of Services and proposed work schedule
(Exhibit A) .
A. Detailed Scope of Work:
Consultant shall perform the duties and deliver the "work product"
as is set forth in the Scope of Work and Deliverables", attached
hereto as Attachment A, not inconsistent with the General Duties,
according to, and within the time frames therein established.
B. Date for Commencement of Consultant Services:
(x) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: End of 1st Month - 9/25/93
A. Provide comprehensive Asset Inventory of all key players that
should be involved on the BECZ Program including desirable
public and private supporters, technical service providers,
financial resources, and desirable public and private delivery
system linkages.
B. Provide preliminary outline of formal Business Plan. The
outline should address, on a preliminary basis, the
organizational structure of the Zone, including the roles and
membership of the JPA, Non-Profit, and Advisory Councils; the
proposed financial participation of the participating
entities; staffing requirements, and the essential delivery
system components. (Each of these items are to be refined in
the Final Plan due in Month 2.)
C. Provide a targeted list of model participant companies
representing different types of qualifying industries and
different stages of development.
D. Furnish report which: (a) identifies prioritized BECZ
incentives and, (b) provides specific implementation
strategies (with timeframes) for these incentives. The report
should include a system of prioritized, tiered incentives that
could be tailored to: start-up, small- to medium-sized, and
large businesses; and to businesses by industrial category
including but not limit'ed to: services, manufacturing, and
research and development.
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E. Deliver report identifying potential private funding sources
resulting from documented contact/meetings with same. Report
should include nature of discussions with these companies
including indication of their interest in the BECZ Program and
types of incentives they would prioritize as desirable
benefits for their respective companies.
Deliverable No.2: End of 2nd month: 10/25/93
1. Provide report documenting results of meetings and personal
contact with all "stakeholders" as identified in the
comprehensive Asset Inventory, as identified above and
including model participants. The report should indicate the
level of commitment of each entity and recommendations
regarding future action needed to secure same.
2. Provide completed formal BECZ business plan which identifies:
(a) a refined organizational structure, (b) specific delivery
system, (c) specific financing approaches to each element of
the program, (d) a prioritized tiered incentive program, (e)
a proposed BECZ marketing plan and, (f) a formalized database
for all strategic alliances.
3. Provide a report documenting achievements in terms of
integrating the BECZ program into pertinent programs sponsored
by groups including but not limited to CALEPA (specifically
the California Environmental Technology Partnership), WGA, and
000.
4. Provide report documenting research done on programs similar
to the BEC? in other u.s. cities and including recommendations
regarding how the BECZ should be positioned in relationship to
these programs.
M'(/;2//55
9. Date for completion of all Consultant services:
10/30/93
10. Insurance Requirements:
( )
( )
(x)
( )
( )
statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial General Liability Insurance: $1,000,000.
Errors and Omissions insurance: None Required (included
in commercial General Liability coverage).
Errors and Omissions Insurance: $250,000 (not included
in commercial General Liability coverage).
11. Materials Required to be Supplied by City to Consultant:
City shall regularly consult and coordinate with staff for the
purpose of reviewing the progress of the work and to provide
direction and guidance to achieve the objectives of the project.
The city shall permit access to its facilities by Consultant
throughout the term of the agreement, if necessary.
11. Compensation:
(x) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as
herein required, City shall pay a single fixed fee in the amounts
and at the times or milestones or for the Deliverables set forth
below:
a. single Fixed Fee Amount: __$10,000
as follows:
, payable
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
$5000.00 payment is determined by
performance acceptable to
City Manager and based upon
deliverables as stated above.
50% 1st month
$3000.00 payment upon a determination 30% last month
by the city Manager that the performance and
deliverables are acceptable.
$2000.00 payment released
upon final approval by City Manager
and acceptance by council.
20% upon final
approval by City
Manager and acceptance
by Council.
3
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,-
c. () Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive hours
of time spent by Consultant in the performance of said services, .at
the rates or amounts set forth in the Rate Schedule hereinbelow
according to the following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum compensation
amount, Consultant agr~es that Consultant will perform
all of the Defined Services herein required of Consultant
for $ including all Materials, and other
"reimbursables" ("Maximum Compensation").
(2) ( ) Limitation without Further Authorization on
Time and Materials Arrangement
At such time as Consultant shall have incurred time
and materials equal to ("Authorization
Limit"), Consultant shall not be entitled to any addi-
tional compensation without further authorization issued
in writing and approved by the city. Nothing herein
shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Rate Schedule
Category of Employee
of Consultant Name
Hourly
Rate
Management Principal, EBJ __Stuart Borie
$76.93_
) Hourly rates may increase
rendered after [month], 1993,
services is caused by city.
12. Materials Reimbursement Arrangement
(
by 6% for services
if delay in providing
For the cost of out of pocket expenses incurred by Consultant in
the performance of services herein required, city shall pay
4
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Consultant at the rates or amounts set forth below:
(x) None, the compensation includes all costs.
( )
( )
( )
( )
( )
( )
( )
( )
Cost or Rate
Reports, not to exceed $
Copies, not to exceed $
Travel, not to exceed $
Printing, not to exceed $
postage, not to exceed $
Delivery, not to exceed $ :
Long Distance Telephone Charges,
not to exceed $ .
Other Actual Identifiable Direct
, not to exceed $
, not to exceed $
.
.
.
.
Costs:
.
.
13. Contract Administrators:
Consultant:
stuart Borie,
Los Angeles,
Environmental
Managing principal
California
Business Partners,
Inc.
of EBP
city:
Barbara Bamberger, Environmental Resource Manager
276 4th Ave, Chula vista Ca 91910
cheryl Dye, Economic Development Coordinator
276 4th Ave, Chula vista Ca 91910
14. Liquidated Damages Rate: nja
( ) $ per day.
( ) Other:
15. statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
Consul tant warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward
or gain has been made to Consultant or Consultant Associates.
Consultant promises to advise city of any such promise that may be
made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees not to apply for a permanent director position
with the Border Environmental Commerce Zone and agrees that he is
not eligible to be appointed to such position or any other similar
5
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.
position.
( ) Not Applicable. Not an FPPC Filer.
( x) FPPC Filer
( ) category No.1. Investments and sources of income.
( ) Category No.2. Interests in real property.
(x ) Category No.3. Investments, interest in real
property and sources of income subject to the
regulatory, permit or licensing authority of the
department.
(
) category No.
and sources
development,
sale of real
4. Investments in business entities
of income which engage in land
construction or the acquisition or
property.
( ) category No.5. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the City of
Chula vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
(x ) category No.6. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the designated
employee's department to provide services,
supplies, materials, machinery or equipment.
(x) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real
property within 2 radial miles of Project Property, if
any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
Brian Runkel, Runkel and Associates
18. Bill Processing:
A. Consultant's Billing to be submitted for the following
6
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period of time:
(x ) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(x ) End of the Month
( ) Other:
C City's Account Number:
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(x ) Retention. If this s~a~e is checked, then
notwithstanding other provl.sl.ons to the contrary
requiring the payment of compensation to the Consultant
sooner, the city shall be entitled to retain, at their
option, either the following "Retention Percentage" or
"Retention Amount" until the city determines that the
Retention Release Event, listed below, has occurred:
( ) Retention Percentage:
(x ) Retention Amount: $_2,000____
Retention Release Event:
( ) Completion of All Consultant Services
(x)other: (x) Other: $2000 of the final payment shall
be released upon 1) approval bv the citv Manaqer and 2) acceptance
of the deliverables with Council approval: if revisions to the work
product are directed bv Council. thev will be delivered within one
month prior to the final release of payment. at no additional cost
to the citv.
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EBP QUALIFICATIONS
ITEM "D"
August 7, 1993
City of Chula Vista
L
J. Stewart Borie
Expertise and Experience- Managing Principal of EBP, environmental business founder in Urban
Enterprise Zone of North Philadelphia in conjunction with The Ben Franklin Partnership,
Environmental Technology Center Advisory Board Member, Partner in Intellectics, Inc.
Capacity on BECZ Project- "Interim Executive Director", will provide strategic and operational
direction for the implementation of the BECZ project.
Expected Outcomes Include- Owing to his extensive industry experience and involvement, Mr. Borie
has developed unparalleled contacts in this industry, coupled with his knowledge of business
start -ups in this industry, he will coordinate all of the efforts that will eventually become the
responsibility of the executive director for the BECZ. He will leverage his extensive contacts
with capital providers to bring credible and experienced funding sources to review
participation in the BECZ project. In addition, he will manage the development and
implementation of the program, along with City of Chula Vista Staff, and coordinate the
public/private interrelationships and facilitate the technology and other alliances as
benchmarked on the previous page.
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Grant Ferrier
Expertise and Experience- President/CEO of Environmental Business International, Inc. (EBI),
publisher and Editor-in-Chief of the Environmental Business Journal (EBl), Co-Chair of the
Western Governors' Association, Committee on Environmental Technology Commercialization
and working member of Governor Wilson's California Environmental Technology Partnership,
EBP PrincipaL
Capacity on BECZ Project- Mr. Ferrier will provide strategic oversight and direct access to formative
state and federal environmental technology transfer agencies and associations.
Expected Outcomes Include- Within the period of this assignment, and with the appropriate
coordination with BECZ participants, Mr. Ferrier will introduce and work to develop solid
ongoing linkages between the parallel efforts of both the Western Governors' Association
(which includes the cleanup efforts and technology transfer efforts from remediation projects
on the DOD and DOE, DOl and US EPA sites in the 20 Western States in the organization).
Mr. Ferrier believes that BECZ can also serve as a leading local program for the CaIETP, and
will create the linkage with that state initiative when the BECZ has achieved sufficient "critical
mass" to be presented as a credible local program.
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Daniel W. Noble
Expertise and Experience- Vice President & Research Director of EEl, Co-founder of EBJ, EBP
Principal. Mr. Noble performs ongoing market research for environmental technology service
companies from start-ups to Fortune 100 companies.
Capacity on BECZ Project- Mr. Noble will provide environmental industry market intelligence, access
to extensive environmental company databases and industry contacts. He can provide critical
overview of industry strategy and development of market intelligence.
Expected Outcomes Include- Mr. Noble will assist in the development of the BECZ marketing program
design and implementation, using the databases developed in this industry over the last six
years. He will expand Mr. Borie's Venture Capital list with contacts from EBI, research and
develop an analysis of similar programs being initiated in other cities while refining the
databases on R&D and corporate partners, starting from the existing databases in EBI.
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City of ChuJa Vista
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Augllst 7, 1993
Brian A, Runkel
_m~ "'" _N."". F_" _ ""'"'" of "" CoIifum;, Eo"""""_ P"",,"oo
Agency and Chief of Staff, Office of Enforcement, US EP A, EBP Affiliate.
C_~ M BEeZ Pm;",. M,. """'"' wiIJ _"" ,,_. "'''''' q .. _I. ""''''"',
strategic contacts in the state and federal environmental agencies and offices.
~"d ''"'ro_, ......, M, """'"' wiIJ """ .. --art oJ. _Ort of __",
wi. """ _ "" """'" _ _ by """'" ""......_ .. _....
which the BECZ Participants are currently unaware.
Eo""""","", "",,,= P",""" "". · -dy ,"""'" .. p~""" ...",,~ .. oJ. Ci<y of CimJ.
Vista. SpecifiCally we have experience and capabilities in the follOwing areas:
Enterprise Zone and incubator funding
V""'re ""Pi", _Ore """'~ "" """"', fi_"" """"y _.., fi~ ""'~P _
through Fortune 500
Unmatched environmental industry data, research and strategic intelligence
- Access to key regulators and policy makers, both at the state and federal levels
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"'~'op_, ""OOi""",, ~'" q oJ. CoIif""i. E_oo", T_ogy P_p, NET AC,
ETEC and others.
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""'''''' q '''''''m E"""i~ Di~' will '" hcld b, M,. ""rio. M" &ri.', ""'~ """"-
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BEeZ. Nro,.cl~,. "'". Vi", will "'~ ,,= ro. Md '" p"",,", ""' oJ. _. of "" """
partners and affiliates of EBP, inclUding but not limited to the individUals cited above.
EBP will ~"'" "" oo"i,"oI ",,,,.i,,,,," b, oJ. "nro, Chy of Cliol, Vi", _ io oJ. BECZ
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activities.
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ENVIRONMENTAL BUSINESS PARTNERS
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ENVIRONMENTAL
BUSINESS
INTERNATIONAL
Strategic Infonnation for a
Changing Industry
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ENVIRONMENTAL
BUSINESS
RESEARCH
The Environmental
Industry's Leading Source
of Market Intelligence
Proprietary Market
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Environmental Business International (EBI) is the industry's leading
publisher of timely and in-depth information for the business executive,
EBI publishes the Environmental Business Journal, The Global
Environmental Business Journal and EBrs Environmental Consultinlil
Manaeer, EBI has over five years of experience in direct reporting, market
research and strategic intelligence gathering in the environmental industry,
EBI has been a leader in defining the environmental industry, its structure,
players, regulations and trends, With over 40years of combined experience
in reporting, market research, and data and intelligence gathering, the EBI
staffis uniquely qualified to provide accurate and timely strategic information
on the environmental industry,
EBI maintains ongoing research in all segments of the environmental
industry, as well as high level contacts with leading industry executives and
government officials,
Environmental Business Research (EBR), a division ofEBI, has a five-
year history of providing market research, consulting and database
information exclusively to the environmental products and services
industries,
EBR is highly experienced in the performance of primary and secondary
market research for the purpose of providing market intelligence to its
clients within this emerging industry,
"The regulated community has grown increasingly sophisticated
in its handling of environmental matters in the past few years,
The shift from reactive compliance to proactive environmental
management is creating changes in management structure,
information systems, employee education, technology
development, product design and energy use, and is even putting
pressure on government to change the way the environment is
regulated. "
Buying patterns are shifting rapidly and
TIMEL Y MARKET INTELLIGENCE IS CRUCIAL
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Database Management
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Member. National Association
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EBR is also skilled in the use of databases for the purpose of market
intelligence. It has used and developed applications for various
environmental databases to assist clients in market assessments,
analyzing client buying patterns, creating market overviews, summaries
of states and municipal markets, lead prospecting and many other
areas.
Unlike many traditional Industries, the
business data In the environmental Industry
is extensive, and It varies from being easy to
exceedingly difficult to obtain.
EBR also provides prepared research reports on key business areas
within the environmental industry. Additionally, EBR has performed
specialized market research for multiple clients on a single study.
NewCap Partners is a private investment banking firm located in Los
Angeles. The firm is staffed with experienced professionals from major
venture capital, investment banking, commercial banking and accounting
firms including; Hambrecht & Quist, Paine Webber, Wedbush Morgan
Securities, First Interstate Venture Capital, Grant Thorton, Security
Pacific and Arthur Andersen.
N ewCap specializes in strategic mergers and acquisitions and in the
financing of emerging companies. The firm's proprietary information
system, known as TIGERS, permits NewCap to quickly analyze
industry segments, identity acquisition or divestiture targets, develop
valuation analyses and model potential transactions.
The environmental industry is changing rapidly. Businesses must
continually adjust to changing manufacturing, marketing and financing
opportunities. Strategic acquisitions or divestitures can provide a
mechanism to make these changes quickly. NewCap has experience in
both the purchase and sale of companies in a range of industry sectors.
The company can provide assistance with the development of acquisition/
divestiture strategy and in transition planning.
NewCap also specializes in providing growth capital for emerging
companies. The firm's financing clients are usually established companies
that need additional capital to fund expanding operations or to make
a strategic acquisition. NewCap has developed strong ties to numerous
corporate and institutional investment groups both in the United States
and internationally, including Taiwan, Hong Kong and China.
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Partnering
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INTELLECTIC8 8MB
CORPORA nON
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Forbes Magazine
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"The most important
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is the unrealized potential
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NewCap believes that corporate capital is an increasingly attractive
financing alternative to emerging companies. Large corporations with
existing development, manufacturing and/or marketing and sales
resources can make excellent equity partners for emerging companies.
NewCap Partners works with a variety of corporate investors and
emerging companies to negotiate and structure transactions that create
strategic advantages for both.
IntellecticsTM is a consulting firm with over 20 years experience
providing specialized management, strategic and marketing consulting
services worldwide. Intellectics has extensive experience in the following
areas;
. High Level Strategic Planning
. Multilevel/Multidisciplinary Issues Management
. Productivity and Motivation Improvement
. Marketing Segmentation and Strategy
. New Product Development
. Profit Improvement
. Performance Evaluation
. Compensation Planning
IntellecticsTM performs under the premise that the people in a given
situation know it best, and the most important asset in any organization
is the unrealized potential within the organization. IntellecticsTM works
closely with management and those closest to the issue, providing them
with the information and resources to manage decisions, develop
action plans and implement them.
Managers are increasingly faced with amaze of new
information, rapidly shifting trends aridincrellsingly
complex decisions as . the environmentllJ. industry
matures; they must IldllDt. Quicklv astomDetition
increases.
Utilizing proprietary technology and methodologies, IntellecticsTM
operates in real time, providing clients with results in days instead of
weeks or months. Key or crisis decisions can be managed overnight,
and broad strategic planning can be accomplished in unprecedented
time frames. Furthermore, results are accomplished through a framework
of structured anonymity, providing unparalleled access to key
information, opinion and valuable insights from decision-makers and
vested interest parties. Intellectics"'" is particularly effective in building
consensus in decision-making and planning.
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"The greatest problem in
communication
is the illusion that it has
been accomplished"
George Bernard Shaw
ENVIRONMENTAL
BUSINESS
PARTNERS'
PARTIAL CLIENT
LIST
Additionally, IntellecticsTM is experienced in intercorporate and/or
multi-party dispute resolutions, facilitating decisions, saving time and
expense, and recovering goodwill and lost opportunity.
The IntellecticsTM approach has been successfully applied at all levels
of companies across most industries. Combined with the information
and strategic intelligence available through EBI, it is a powerful tool
for today's environmental industry managers.
ABC Laboratories Inc.
Aeroquip Corporation
Agri-Diagnostics
American Airlines
Amstar
Analytica Incorporated
Barringer Laboratories
BCM Engineers
Brice Enviroventures
Bristol Myers
Cambell Ewald
CF Systems
Chase Manhattan
Chemical Waste Management
Chemical Leaman Corporation
Conoco Inc.
Continental Airlines
Corning Glass works
CTM Analytical Laboratories
Dames & Moore, Inc.
Deer Park
E. L DuPont de Nemours & Co.
Drackett
Eckenfelder, Inc.
ECOTEC Res. & Cons. Ltd.
Enseco Inc.
General Electic
General Foods
General Motors
Grace Commission
Gibson Oil
Greenfield Environmental
Harding Lawson
Henkel Research Corporation
Hewlett Packard Corporation
Investment Partners of America
IT Corporation
Johnson & Johnson
J. M. Montogomery Cons. Eng., Inc.
LEK Partnership
McKinsey & Company
Merck
MK Environmental Services
Monsanto
Motorola
National Environmental Testing Inc.
New Jersey Bell
New York State Electric & Gas Corp.
Pacer Systems, Inc.
Pennwood Capital Corporation
Procter & Gamble
Quasar
R. L. Stollar & Associates
Rhone Poulenc
RICERCA, Inc.
Roche Biomedical Laboratories
Rohm & Haas
Roux Associates
Roy F. Weston
St. Regis Paper
Scott Paper
Springborn Directions International
Sterling Drug
Tech Ops Landauer
U.S. Testing
Union Carbide
United Airlines
U.S. Dept. of Commerce
Valent USA Corporation
Valmont Industries
Women in Gov't Relations
Woodward Clyde Consultants
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PRINCIPALS
J. Stewart Borie
Managing Principal
Grant Ferrier
Principal
Daniel W. Noble
Principal
Thomas W. Turney
Principal
EBP's principals and staff members provide broad capabilities for our
clients. Our thorough perspective and multidisciplinary experience and
expertise allow us to provide a complete range of services. We emphasize
close client relationships, fostering mutual understanding and confidence,
allowing EBP to respond quickly as opportunities and challenges arise.
Mr. Borie is Managing Principal of EBP and a Partner of Intellectics 5MB
Corporation. He directs the activities ofEBP and consults with EBP clients
to determine their optimal strategy for business development, preparing them
for market expansion, strategic joint ventures, acquisition of capital, or
merger and acquisition. Mr. Borie has extensive operating and consulting
history in the data, financial and environmental industries including Dun &
Bradstreet, Inc., Merrill Lynch, ENI Corporation, ENTX Inc. and Dames &
Moore, Inc.. Mr. Borie founded and subscquently sold Philadelphia Recycling
Corporation to Alcoa. He has a BA in Biology and Engineering from the
University of Pennsylvania and an MBA from The Wharton School of the
University of Pennsylvania.
Mr. Ferrier is President and Chairman ofEnvironmental Business International
Inc. (EBI). EBI publishes the Environmental Business Journal, the Global
Envirorunental Business Journal and the Environmental Consulting Manager.
EBI is the leading source of strategic business information in the environmental
industry. Mr. Ferrier is a leading authority on the environmental industry,
having founded the Environmental Business Journal, a national monthly
business newsletter providing a strategic overview of the environmental
industry. Mr. Ferrier has degrees in Mechanical Engineering and Conservation
and Resource Studies from the University ofCalifomia, Berkeley. He worked
in academia and business in energy efficiency, solar energy and wind energy
until the mid-1980's.
Mr. Noble is Executive Vice President of Environmental Business
International. He provides market intelligence, market research and data
management and consulting exclusively for the envirorunental industry. Mr.
Noble was the founding Financial Editor of the Environmental Business
Journal and has more than four years experience providing financial and
market analysis for over 100 firms from start-up to Fortune 100 clients. Mr.
Noble has BA degrees in Biology and Chemistry from the University of
California, San Diego and MS degrees in Molecular Biology and Science
Education from the University of Oregon.
Mr. Tumey is a managing Principal and founder of New Cap Partners. Mr.
Turney has broad experience as an investment banker, providing comprehensive
investment advisory services, corporate finance and mergers and acquisitions
services. Prior to founding NewCap in 1987, Mr. Tumey managed the
financing activities ofHambrecht & Quist in Southern California. Additionally,
Mr. Tumey has managed corporate banking services for Security Pacific
National Bank, and has held positions with Hughes Aircraft Company and
Union Bank. He has a BA in Economics from UCLA and an MA in
Economics and an MBA from the University of Southern California.
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Brian A. Runkel
Affiliate
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Mr. Runkel is an affiliate of Environmental Business Partners. He is a
Senior Consultant, providing regulatory and environmental agency
expertise and state and federal agency liason activities. Mr. Runkel was
formerly Deputy Secretary of the California Environmental Protection
Agency and ChiefofStafI, Office of Enforcement, US EPA. Mr. Runkel
is a recognized expert in environmental regulatory affairs, public policy,
and public/private partnering. Member, Advisory Boards for The
California Environmental Law and Rel!Ulation Reoorter and The
California Land Use and Policy ReDorter. Mr. Runkel was Phi Beta
Kappa at The George Washington University, and has a J.D. from The
Harvard Law School.
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ITEM "E"
Agreement between
city of Chula vista
and
KSK & Associates
For consulting for the development of Border Environmental Commerce
Zone:
Whereas, the city of Chula vista, under the direction of the
City Council, formed a Task Force to develop a program called the
Border Environmental Commerce Zone; and
Whereas, the Task Force recommended, and the City Council
approved funding to hire a full time Executive Director; and
Whereas, the City of Chula vista is in need of immediate
professional assistance to identify, prioritize and pursue sources
of funding to implement the Border Environnmental Commerce Zone;
and,
Whereas, the Consultant will serve as co-interim Executive
Director for the Border Environmental Commerce Zone to accomplish
this task; and
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to city
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
Whereas, KSK & Associates, is highly qualified and
knowledgeable in public funding opportunities relating to
environmental technology development programs and strategic
intelligence gathering in the environmental industry.
NOW, THEREFORE, BE IT RESOLVED that the city and Consultant
do hereby mutually agree as follows:
This agreement ("Agreement"), dated _8/25/93 for the
purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("city"), whose business form is
set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the
following facts:
1. Consultant's Duties
2. General Duties
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2. General Duties
Consul tant shall perform all of the services described on the
attached Exhibit A, Paragraph 7, entitled "General Duties"; and,
3. Scope of Work and Schedule
In the process of performing and delivering said "General Duties",
Consultant shall also perform all of the services described in
Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not
inconsistent with the General Duties, according to, and within the
time frames set forth in Exhibit A, Paragraph 8, and deliver to
city such Deliverables as are identified in Exhibit A, paragraph 8,
within the time frames set forth therein, time being of the essence
of this agreement. The General Duties and the work and
deliverables required in the Scope of Work and Schedule shall be
herein referred to as the "Defined Services". Failure to complete
the Defined Services by the times indicated does not, except at the
option of the City, operate to terminate this Agreement.
4. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time
to time reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
5. Additional services
In addition to performing the Defined Services herein set forth,
City may require Consultant to perform additional consulting
services related to the Defined Services ("Additional Services"),
and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate
Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed
fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
6. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
7. Insurance
Consultant represents
subconsul tants employed
required to be rendered,
that it and its agents, staff and
by it in connection with the Services
are protected against the risk of loss by
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the following insurance coverages, in the following categories, and
to the limits specified, policies of which are issued by Insurance
Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the city:
statutory Worker's compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit
A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit A,
Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City and Applicant as an Additional Insured, and which is
primary to any policy which the City may otherwise carry ("primary
coverage"), and which treats the employees of the City and
Applicant in the same manner as members of the general public
("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit
A, Paragraph 9, unless Errors and omissions coverage is included in
the General Liability policy.
8. Proof of Insurance Coverage.
9. Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required,
prior to the commencement of services required under this
Agreement, by delivery of Certificates of Insurance demonstrating
same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional
Insured.
10. Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability coverage required under Consultant's
Commercial General Liability Insurance Policy, Consultant shall
deliver a policy endorsement to the City demonstrating same, which
shall be reviewed and approved by the Risk Manager.
11. Securitv for Performance.
12. Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need
for Consultant to provide a Performance Bond (indicated by a check
mark in the parenthetical space immediately preceding the
subparagraph entitled "Performance Bond"), then Consultant shall
provide to the City a performance bond by a surety and in a form
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and amount satisfactory to the Risk Manager or City Attorney' which
amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
13. Letter of Credit.
In the event that Exhibit A. at paraaraoh 19. indicates the need
for Consultant to orovide a Letter of Credit (indicated bY a check
mark in the oarenthetical soace immediatelY orecedina the
suboaraaraoh entitled "Letter of Credit"). then Consultant shall
orovide to the city an irrevocable letter of credit callable by the
city at their unfettered discretion by submittina to the bank a
letter. sianed bY the city Manaaer. statina that the Consultant is
in breach of the terms of this Aareement. The letter of credit
shall be issued bY a bank. and be in a form and amount satisfactorv
to the Risk Manaaer or city Attorney which amount is indicated in
the soace ad;acent to the term. "Letter of Credit". in said
paraaraoh 19. Exhibit A.
14. Other Security
In the event that Exhibit A. at paraaraoh 19. indicates the need
for Consultant to orovide security other than a Performance Bond or
a Letter of Credit (indicated bY a check mark in the oarenthetical
soace immediatelY orecedina the suboaraaraoh entitled "Other
Security"). then Consultant shall orovide to the city such other
security therein listed in a form and amount satisfactory to the
Risk Manaaer or city Attorney.
15. Business License
Consultant agrees to obtain a business license from the City and to
otherwise comply with Title 5 of the Chula vista Municipal Code.
16. Duties of the City
17. Consultation and cooperation
City shall regularly consult the Consultant for the purpose of
reviewing the progress of the Defined Services and Schedule therein
contained, and to provide direction and guidance to achieve the
objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the
term of the agreement. In addition thereto, City agrees to provide
the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the
'The city Attorney's Office prefers that you obtain approval
of the surety or bank, the form of the security and the amount of
the security from the Risk Manager in the first instance and not
the City Attorney. The City Attorney's office would be available
on such risk issues as an alternate only if the Risk Manager is
unavailable and the matter can't wait.
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provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
18. Compensation
upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on the
day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant
according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph 19
of Exhibit A, and shall compensate Consultant for out of pocket
expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient
information as to the propriety of the billing to permit the City
to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the city's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such
payment.
19. Administration of Contract
Each party designates the individuals ("Contract Administrators")
indicated on Exhibit A, paragraph 13, as said party's contract
administrator who is authorized by said party to represent them in
the routine administration of this agreement.
20. Term.
This Agreement shall terminate when the Parties have complied with
all executory provisions hereof.
21. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in
the completion of this Agreement. It is difficult to estimate the
amount of damages resulting from delay in performance. The parties
have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following
penalty: For each consecutive calendar day in excess of the time
specified for the completion of the respective work assignment or
Deliverable, the consultant shall pay to the City, or have withheld
from monies due, the sum of Liquidated Damages Rate provided in
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Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other
than delays caused by the City, shall be requested in writing to
the city's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the
work.
22. Financial Interests of Consultant
23. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC
filer", Consultant is deemed to be a "Consultant" for the purposes
of the Political Reform Act conflict of interest and disclosure
provisions, and shall report economic interests to the City Clerk
on the required statement of Economic Interests in such reporting
categories as are specified in Paragraph 15 of Exhibit A, or if
none are specified, then as determined by the city Attorney.
24. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant shall not make, or participate in making or in any way
attempt to use Consultant's position to influence a governmental
decision in which Consultant knows or has reason to know Consultant
has a financial interest other than the compensation promised by
this Agreement.
25. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer,
Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by
the Fair Political Practices Commission, and has determined that
Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties
under this agreement.
26. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC. Filer,
Consultant further warrants and represents that Consultant will not
acquire, obtain, or assume an economic interest during the term of
this Agreement which would constitute a conflict of interest as
prohibited by the Fair Political Practices Act.
27. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer,
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Consultant further warrants and represents that Consultant will
immediately advise the city Attorney of city if Consultant learns
of an economic interest of Consultant's which may result in a
conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
28. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor
Consultant's immediate family members, nor Consultant's employees
or agents ("Consultant Associates") presently have any interest,
directly or indirectly, whatsoever in any property which may be the
subject matter of the Defined Services, or in any property within
2 radial miles from the exterior boundaries of any property which
may be the subject matter of the Defined Services, ("Prohibited
Interest"), other than as listed in Exhibit A, Paragraph 15.
Consul tant further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates
in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be
made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire any
such Prohibited Interest within the Term of this Agreement, or for
12 months after the expiration of this Agreement, except with the
written permission of city.
Consultant may ~ot conduct or solicit any business for any party to
this Agreement, or for any third party which may be in conflict
with Consultant's responsibilities under this Agreement, except
with the written permission of City.
29. Hold Harmless
Consultant shall defend, indemnify and hold harmless the City, its
elected and appointed officers and employees, from and against all
claims for damages, liability, cost and expense (including without
limi tat ion attorneys' fees) arising out of the conduct of the
Consultant, or any agent or employee, subcontractors, or others in
connection with the execution of the work covered by this
Agreement, except only for those claims arising from the sole
negligence or sole willful conduct of the city, its officers, or
employees. Consultant's indemnification shall include any and all
costs, expenses, attorneys' fees and liability incurred by the
city, its officers, agents, or employees in defending against such
claims, whether the same proceed to judgment or not. Further,
Consultant at its own expense shall, upon written request by the
city, defend any such suit or action brought against the City, its
officers, agents, or employees. Consultants' indemnification of
city shall not be limited by any prior or subsequent declaration by
the Consultant.
~ /,2-l75
30. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely
and proper manner Consultant's obligations under this Agreement, or
if Consultant shall violate any of the covenants, agreements or
stipulations of this Agreement, city shall have the right to
terminate this Agreement by giving written notice to Consultant of
such termination and specifying the effective date thereof at least
five (5) days before the effective date of such termination. In
that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by
Consultant shall, at the option of the City, become the property of
the City, and Consultant shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective date of
Notice of Termination, not to exceed the amounts payable hereunder,
and less any damages caused city by Consultant's breach.
31. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance of
work under this Agreement has resulted in expense to City greater
than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse city for any additional
expenses incurred by the city. Nothing herein is intended to limit
City's rights under other provisions of this agreement.
32. Termination of Agreement for Convenience of City
city may terminate this Agreement at any time and for any reason,
by giving specific written notice to Consultant of such termination
and specifying the effective date thereof, at least thirty (30)
days before the effective date of such termination. In that event,
all finished and unfinished documents and other materials described
hereinabove shall, at the option of the City, become city's sole
and exclusive property. If the Agreement is terminated by City as
provided in this paragraph, Consultant shall be entitled to receive
just and equitable compensation for any satisfactory work completed
on such. documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims
for damages or compensation arising under this Agreement except as
set forth herein.
33. Assignability
The services of Consultant are personal to the City, and Consultant
shall not assign any interest in this Agreement, and shall not
transfer any interest in the same (whether by assignment or
novation), without prior written consent of City, which City may
not unreasonably deny. City hereby consents to the assignment of
the portions of the Defined Services identified in Exhibit A,
paragraph 17 to the subconsul tants identified thereat as "Permitted
Subconsul tants"..
~/;L//7?
34. ownership, publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of city. No such materials or properties
produced in whole or in part under this Agreement shall be subject
to private use, copyrights or patent rights by Consultant in the
united states or in any other country without the express written
consent of city. city shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright
or patent, in whole or in part, any such reports, studies, data,
statistics, forms or other materials or properties produced under
this Agreement.
35. Independent Contractor
City is interested only in the results obtained and Consultant
shall perform as an independent contractor with sole control of the
manner and means of performing the services required under this
Agreement. city maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's
agents, employees or representatives are, for all purposes under
this Agreement, an independent contractor and shall not be deemed
to be an employee of City, and none of them shall be entitled to
any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits.
36. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been presented
in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the
Chula vista Municipal Code, as same may from time to time be
amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used
by the city in the implementation of same.
Upon request by City, Consultant shall meet and confer in good
faith with City for the purpose of resolving any dispute over the
terms of this Agreement.
37. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense of
the claim, including costs and attorney's fees.
38. Statement of Costs
~ /2~J77
In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in
performing the Defined services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or document.
39. Miscellaneous
40. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall
have no authority to act as city I s agent to bind City to any
contractual agreements whatsoever.
41. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant
and/or their principals is/are licensed with the State of
California or some other state as a licensed real estate broker or
salesperson. otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers
or salespersons.
42. Notices
All notices, demands or requests provided for or permitted to be
given pursuant to this Agreement must be in writing. All notices,
demands and requests to be sent to any party shall be deemed to
have been properly given or served if personally served or
deposited in the united states mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
43. Entire Agreement
This Agreement, together with any other written document referred
to or contemplated herein, embody the entire Agreement and
understanding between the parties relating to the subject matter
hereof. Neither this Agreement nor any provision hereof may be
amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
44. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to
the other party that it has legal authority and capacity and
direction from its principal to enter into this Agreement, and that
all resolutions or other actions have been taken so as to enable it
to enter into this Agreement.
45. Governing Law/Venue
)7W /2~/7Y
This Agreement shall be governed by and construed in accordance
with the laws of the state of California. Any action arising under
or relating to this Agreement shall be brought only in the federal
or state courts located in San Diego County, state of california,
and if applicable, the City of Chula Vista, or as close thereto as
possible. Venue for this Agreement, and performance hereunder,
shall be the City of Chula vista.
~ /~--/ 7;
Agreement between city of Chula vista and KSK & Associates.
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated:__August 25, 1993__
City of Chula vista
by:
Tim Nader, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Bruce M. Boogaard, City Attorney
Dated:
[Name of Consultant]
By:
[name of person, title]
By:
[name of person, title]
Exhibit List to Agreement
( ) Exhibit A.
( ) Exhibit B:
~ /;2 -J~C
A
BORDERE~RONMENTALCOMMERCEZONE
(BECZ)
TWO-MONTH WORKPLAN
MONTH 1 (Estimated Hours: 15-20 per week)
MAJOR ACTM1Y: Research/preliminary data collection/informational meetings
SPECIFIC TASKS
1. Familiarize myself with all aspects of the BECZ project including meeting with
personnel associated with the BECZ to discuss the status of the zone and how activities I
will pursue can best complement other components of the project and work toward the
same basic objectives.
2. Review programs and funding mechanisms of which I am already knowledgeable to
evaluate/suggest possible sources of state and federal moneys, including grants which may
be available to the BECZ project.
,
3. Begin calls and set-up meetings with state officials from agencies identified as
potential sources of funding -- Cal-EPA, Trade and Commerce, wrc, Budget and Fiscal
Review Committee consultants, Commission for Economic Development, California
Energy Commission.
4. Review federal and state. legislative proposals which can be amended to provide
funding mechanism for the BECZ, including ideas which may come from such groups as
NCSL and NGA with whom I have worked on past projects. -
5. Contact/utilize federal agency personnel, elected officials and their staffs with whom I
have established relationships to discuss BECZ funding and enlist their support and
assistance. Targets will include: Mary Leslie Associate Deputy Administrator for
Business Development at SBA, LA. Office of Commerce Secretary Ron Brown (not to
be confused with the U.S. Dept. of Commerce Office), the Director of the International
Trade Administration (S.F.) and the Regional Administrator of the SBA in San
Francisco.
~ /,2/J~/
6. Contact Washington-based consultants/organizations with which I hav~ worked with to
discuss opportunities for funding the BECZ. Primary targets: William Delphos of
Delphos International and the Environmental Training Institute.
END OF MONTH REPORT: Prepare preliminary report which identifies and targets (a)
state and federal funding sources which appear to be the most likely sources of funding
from the BECZ, (b) summarizes meetings/calls with state and federal officials (and their
staffs), and (c) provides a strategy for attracting BECZ funds.
MONTH 2 (Estimated Hours: 15-20 per week)
MAJOR ACTMTIES: (a) Pursue prioritized sources of financial support for the BECZ.
and (b) secure preliminary commitments of BECZ fundini and sllPport from
federal/state sources.
~PECIFIC TASKS
1. Set up in-depth meetings and discussion opportunities with state officials and agencies
which are on revised priority target list to acquaint them with the BECZ project and,
most importantly, gain their cooperation and financial support.
2. Work with selected legislators (state and federal) and their staffs to draft appropriate
language to make the BECZ eligible for moneys available through either new legislative
proposals, amended proposals or the budgetary process, e.g., it may be possible to have
to include the BECZ within the category of programs which are eligible for funding
through the Unitary Fund (State), the SEED ACT (Federal) or H.R. 2112 by
Congressman Gerry Studds.
3. From a list of possible grants for which the BECZ may be eligible, identify 2 which
appear to be good matches for the BECZ and draft proposals, with assistance from of
other BECZ staff, if needed, depending on the degree of specificity and time constraints.
4. Make one three-day trip to Washington, D.C. to meet with key contacts I have in the
federal government and private sector who have the ability to (a) funnel funds to the
BECZ, (b) suggest avenues which are not well-known, or (c) whose personal assistance
may make the difference in gaining federal cooperation.
Note: I am aware of your limited resources but believe that it is absolutely essential that
at least ~ trip to Washington, D.C. be included in the workplan as part of the overall
strategy for attracting federal moneys. With the change in Administrations and my prior
~/;2-/ffc2
experience working with federal officials and agencies, I know that this activity is
critically important. "'hen it's Il question oJ money, you must go to them - the] don" CO'I1II
to you! This trip would lay the ground work for any trip made by city officials to enlist
federal support for the BECZ. I would provide, as part of the activity, a list of
individuals in government and the private sector who should be visited if and ~ local
officials travel to Washington, D.C. in conjunction with the BECZ project and its
funding.
S. Meet with BECZ staff and consultants to review final recommendations for BECZ
funding and follow-up activities.
END OF MON11l REPORT: Provide detailed written summary of all work perforined
and funding commitments secured. The report will (a) suggest legislative proposals
which could be vehicles for state/federal funding, (b) provide an in-depth review of all
meetings/discussions held in Washington, D.C. and how they contnbute to the funding of
the BECZ project, (c) make recommendations for follow-up and selected
activities/strategies which enhance the likelihood of securing additional moneys, including
grants, for the BECZ project, and (d) propose effective interaction with the array of state
and federal agencies/personnel and similar programs in other areas of the state.
~j}. -j!J5 /12-/3'1
Exhibit A
to
Agreement between
city of Chula vista
and
Kathleen s. Krause - dba. KSK & Associates
1. Effective Date of Agreement:__september 7, 1993___
2. city-Related Entity:
(x) City of Chula vista, a municipal chartered corporation of
the state of california
() Redevelopment Agency of the City of Chula vista, a
political subdivision of the state of California
( Industrial Development Authority of the city of Chula
vista, a
() other:
[insert business form]
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula vista, CA 91910
4. Consultant:
KSK & Associates
5. Business Form of Consultant:
(x ) Sole Proprietorship
( ) Partnership
( ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
P.O. Box 13413
sacramento, Ca 95853-3513
Voice Phone (916) 922-7933
Fax Phone (916) 922-4005
2PTY8-A.wp
March 19, 1993
Exhibit A to Standard Form Agreement
Page 1
~/~-(r'5'
7. General Duties:
Consultant shall assist in the establishment and funding of the
Border Environmental Commerce Zone.
8. Scope of Work and Schedule:
It is the intent of the City and Consultant that Consultant carry
out the attached Scope of Services and Proposed Work Schedule
(Attachment A).
Consultant shall perform the duties and deliver the "work Product"
as is set forth in the Border Environmental Commerce Zone Proposal
and two month Schedule, attached hereto as Exhibit A, not
inconsistent with the General Duties, according to, and within the
time frames therein established.
A. Detailed Scope of Work:
see attachment
B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(x) Other:__September 7, 1993
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: End of 1st month - 10/7/93
A. Deliver report documenting results from meetings with state
officials from potential funding agencies, including Cal-EPA, Trade
and Commerce, WTC, Budget and Fiscal Review Committee Consultants,
California Energy Commission, commission for Economic Development,
Department of Commerce, Federal Small Business Assistance Program,
etc.. .
B. Provide preliminary report which identifies and targets state
and federal funding sources for the BECZ.
C. Provide report showing results from review of federal and state
legislative proposals which can be amended to provide funding
mechanism for the BECZ.
E. Provide written results from meetings with federal agency
personnel, including SBA, US Department of Commerce, Director of
the International Trade Administration.
F. Provide preliminary report which identifies and targets state
and federal funding sources which appear to be the most likely
sources of funding from the BECZ, summarizes meetings/calls with
state and federal officials, and provides a strategy for attracting
BECZ funds.
2PTY8-A.wp
March 19, 1993
Exhibit A to Standard Form Agreement
Page 2
~ j;2//f'1/;
Deliverable No.2: End of 2nd month - 11/07/93
A. completed meetings with state agencies for the purpose of
gaining their support and cooperation for funding the BECZ.
B. Develop appropriate language to make the BECZ eligible for
moneys available through either new legislative proposals, amended
proposals, or budgetary process.
c. Identify 2 grants appropriate for the BECZ and draft proposals
for submission.
D. provide detailed written summary of all work performed and
funding commitments secured. This report will include legislative
proposal recommendations for state/federal funding, provide an in-
depth review of all meetings held in Washington D.C. and how they
contribute to the funding of the BECZ, and make recommendations for
follow-up and selected activities/strategies which will secure
additional moneys for the project, propose effective interaction
with the array of state and federal agencies/personnel and similar
programs in other areas of the state.
D. Date for completion of all Consultant services:
11/7/93
9. Insurance Requirements:
( )
( )
~)
( )
( )
statutory Worker's compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial General Liability Insurance: $1,000,000.
Errors and Omissions insurance: None Required (inclUded
in commercial General Liability coverage).
Error~ and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
If necessary, "mass" copies of reports, White Paper for BECZ,
general support.
11. Compensation:
A. (x) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant
as herein required, city shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount: $10,000, payable as follows:
2PTY8-A.wp
March 19, 1993
Exhibit A to Standard Form Agreement
Page 3
~/~--/~?
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
$5000.00 payment is determined by
performance acceptable to
city Manager and based upon
deliverables as stated above.
50% 1st month
$3000.00 payment upon a determination 30% last month
by the City Manager that the performance and
deliverables are acceptable.
$2000.00 payment released
upon final approval by City Manager
and acceptance by Council.
20% upon final
approval by city
Manager and acceptance
by Council.
c. () Hourly Rate Arrangement
For performance of the Defined Services by Consultant as rein
required, City shall pay Consultant for the productive hours of
time spent by Consultant in the performance of said Services, at
the rates or amounts set forth in the Rate Schedule hereinbelow
according to the following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum Compensation
amount, Consultant agrees that Consultant will perform
all of the Defined Services herein required of Consultant
for $ including all Materials, and other
"reimbursables" ("Maximum compensation").
(2) ( ) Limitation without Further Authorization on
Time and Materials Arrangement
At such time as Consultant shall have incurred time
and materials equal to ("Authorization
Limit"), Consultant shall not be entitled to any addi-
tional compensation without further authorization issued
in writing and approved by the city. Nothing herein
shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Rate Schedule
2PTY8-A.wp
March 19, 1993
Exhibit A to Standard Form Agreement
Page 4
~ 1~-Ig'Y
Cateqorv of Emplovee
of Consultant
principal, KSK & Associates
Name
Hourlv
Rate
Kathleen Krause
$60.00
(
) Hourly rates may increase
rendered after November 1993,
services is caused by City.
by 6% for services
if delay in providing
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant
in the performance of services herein required, City shall pay
Consultant at the rates or amounts set forth below:
(x) None, the compensation includes all costs.
Reports, not to exceed $
Copies, not to exceed $
Travel, not to exceed $
Printing, not to exceed $
Postage, not to exceed $
Delivery, not to exceed $ :
Long Distance Telephone Charges,
not to exceed $
Other Actual Identifiable Direct
, not to exceed $
, not to exceed $
13. Contract Administrators:
( )
( )
( )
( )
( )
( )
( )
( )
Cost or Rate
Costs:
.
.
Consultant:
Kathleen Krause, Principal
Sacramento, Ca
KSK & Associates
city:
Barbara Bamberger, Environmental Resource Manager
276 4th Ave, Chula vista Ca 91910
Cheryl Dye, Economic Development Coordinator
2PTY8-A.wp
March 19, 1993
Exhibit A to Standard Form Agreement
Page 5
~/2--ln
276 4th Ave, Chula vista Ca 91910
14. Liquidated Damages Rate:
( ) $ per day.
( ) Other:
15. statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
Consul tant warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward
or gain has been made to Consultant or Consultant Associates.
Consultant promises to advise city of any such promise that may be
made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees not to apply for a permanent director position
with the Border Environmental Commerce Zone and agrees that he is
not eligible to be appointed to such position or any other similar
position.
( ) Not Applicable. Not an FPPC Filer.
(x ) FPPC Filer
( ) Category No. lo Investments and sources of income.
( ) Category No. 2. Interests in real property.
(x ) Category No. 3. Investments, interest in real
property and sources of income subject to the
regulatory, permit or licensing authority of the
department.
(
) Category No.
and sources
development,
sale of real
4. Investments in business entities
of income which engage in land
construction or the acquisition or
property.
( ) category No.5. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the City of
Chula vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
(x )
Category No.6. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the designated
2PTYB-A.wp
March 19, 1993
Exhibit A to Standard Form Agreement
Page 6
~ /;2~/1{}
employee's department to provide services,
supplies, materials, machinery or equipment.
(x) category No.7. Business positions.
( ) List "Consultant Associates" interests in real
property within 2 radial miles of Project Property, if any:
none
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
n/a
18. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
(x ) Monthly
( ) Quarterly
( ) other:
B.
Day
(
(
(
(
of the Period for submission
) First of the Month
) 15th Day of each Month
x) End of the Month
) Other:
of Consultant's Billing:
C. city's Account Number:
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(x ) Retention. If this s~a~e is checked, then
notwithstanding other prov~s~ons to the contrary
requiring the payment of compensation to the Consultant
sooner, the city shall be entitled to retain, at their
2PTY8-A.wp
March 19, 1993
Exhibit A to Standard Form Agreement
Page 7
~ /~~/7/
option, either the following "Retention Percentage" or
"Retention Amount" until the City determines that the
Retention Release Event, listed below, has occurred:
( l Retention Percentage:
(x l Retention Amount: __$2000___
Retention Release Event:
(l Completion of All Consultant Services
(xl other: $2000 of the final paYment shall be
released upon 1\ approval bv the citv Manaaer and 2\ acceptance of
the deliverables with Council approval: if revisions to the work
product are directed bv Council. thev will be delivered within one
month. prior to the final release of paYment. at no additional cost
to the citv.
2PTY8-A.wp
March 19, 1993
Exhibit A to Standard Form Agreement
Page 8
~ /e2--/J~
KSK & A~~oci~~~5
9169224005
P.02
ITEM "F"
A BIOGRAPHY AND DESCRIPTION OF mE FIRM
Kathleen S. Krause is the owner of KSK " AlIlIOdates, a Sacramento-based consulting
firm specializing in business promotion and governmental relations. Prior to establishing
her own company, Ms. Krause held a number of key committee lIlI&ignments in the
CaIifomia Legislature from 1982 to 1990. These assignments included the principal
consultant position for the Assembly Standing Committee on International Trade and
Intergovernmental Relations and the Assembly Standing Committee on Economic
Development and New Technologies. She was also senior legislative assistant to
Assembly Member Lucy Ktllea, now Senator Ktllea.
While with the Legislature she was responSIble for developing economic development
and international business promotion policies, advising legislators on pending bills,
drafting proposals to stimulate economic growth and global commerce and providing
oversight of state agencies and departments responsible for business development.
Working closely with California businesses, she helped draft numerous pieces of
legislation aimed at keeping the state's high technology firms competitive in world
markets. Among the many bills she helped draft was the California Intel7liltional
ArbitTation and CondIiation Acr of 1988, a model for the resolution of international
commercial disputes, and the High Technology Export Marketing Promotion lnitUltive.
Sinee leaving the Legislature she has worked on a consulting basis for the Lt. Governor's
Commission for Economic Development (CED), the California Energy Commission
(CEC), and private sector firms and organizations. While consulting for the CED, she
authored a major report which assessed global business opportunities for California's
environmental companies and examined federal and international funding mechanisms to
promote environmental business. A second report for the CED focused on business
opportunities, including environmental, in Hong Kong and Taiwan.
In the past year she has worked with the California Energy CommiBBion under a grant
from the U.S. Trade and Development Agency to bring the CZech Minister of the
Environment and other Czech officials to California. The mission provided an
opportunity for one-on-one meetings with California environmental companies to
promote their technologies and services. Earlier this year she was asked to serve on Cal-
EPA's new Environmental Technology Partnership AdvisoJy Council and its Working
Group on Environmental Exports.
Ms. Krause received her BA from William Paterson College in New Jersey and MA
from the University of Arizona in Tucson. In addition she has completed the Executive
Training Program in International Business Dip/01l1/lcylGovemment Relations sponsored by
Georgetown University.
fr lol-/V
KSK & AssoGia~~&
9169224005
P.03
KATHLEEN S. KRAUSE
1170 Rudger Way
Sacramento, CA 95833
(916) 922-7933
BACKGROUND SUMMARY
Approximately eleven years of consulting and legislative experience assisting state government leaders
in the development of California's domestic and international business promotion programs and
policies.
PROFESSIONAL HISTORY
January 1m - pre_t -- Independent consultant specializing in business development and
governmental relations (KSK &: Associates)
April 1990 _ Dee 1991 -- International Trade Specialist -- California Commission for Economic
Development (Office of Lt. Governor McCarthy)
January 1987 . March 1990 -- Principal Consultant to the Assembly Standing Committee on
International Trade and Intergovernmental Relations and the Allsembly Standing Committee on
Economic Development and New Technologies
January 1984 - December 1986 -- Senior Legislative Assistant to Assembly Member Ki1lea
1982 _ 1983 -- Assembly FellowlLegislativc Assistant to Assembly Member Lucy Killea
1970 _ 1982 -- Educator/administrator, San Diego Unified School District
RRPRRSENTATIVE PRO.TECfS AND RESPONSIBILITIES
As Pri1u:ipal ClJRSaltanllO the Assembly Stonding Co1lll1litta OIl lllleT1Ultiutull Tnule and lntergovem_ntal
RelIltions and the Committee (JfI Economie Development and New T~
. established and maintained liaison with trade groups and businesses, foreign governmental entities
and federal agencies involved in domestic and international business promotion.
. advised legislators on business issues and pending legislation.
. provided oversight of state expenditures and programs in the areas of export promotion and foreign
investment attraction and busineSll development.
. drafted legislation including the California InteT1ltltWnaI Arbitration and Conciliation Act of 1988 and
the High Technology Export Marketing Promotion Initiative.
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KSK & Associa~~s
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. supervised committee staff and prepared/managed annual budget.
. organized statewide informational hearings; planned media opportunities; drafted press releases,
speeches and position papers in conjunction with hearings.
. participated as guest speaker/panelist at trade and economic development conferences.
. organized/coordinated several legislative missions to Mexico in conjunction with the work of a state-
level task force on California-Mexico economic relations.
As buhpmthllt co1ltrtwt COlISultlInt:
. drafted extensive report on the future of California's trade relationship with Hong Kong and Taiwan;
report included a series of recommended policies and program initiatives for the Commission on
Economic Development (CED).
. prepared detailed report/guide to business opportunities in Eastern Europe for California
environmental companies and sources of funding to promote environmental business (CEO).
. planned and coordinated for the California Energy Commission (CEC) a reverse trade mission
involving the Czech Minister of the Environment; organized business meetings with California
environmental companies.
. advised the Japanese Chamber of Commerce of Northern California on appropriate interaction with
state government, provided briefing on state business and tax issues and planned 1993 "Sacramento
Day" program.
PARTICIPATION IN CAREER ADVANCEMENT PROGRAMS
Exec:utive Training Program in Intemstional Business Diplomac:y/Govenunent Relations (1988)
S-ponsor: Landegger Program in International Business Diplomacy, Georgetown University, School of
Foreign Service
international Trade Specialist Training Program (1986)
S.vonsors: National Association of State Development Agencies (NASDA) and the Thunderbird
Institute
DEGRF.ES B.A. William Paterson College, Wayne, New Jersey
M.A. University of Arizona, Tucson, Arizona
ADVISORY COUNCILS: California Environmental Technology Partnership Advisory Council
and Working Group on Environmental Exports (Cat-EPA)
HONORS
California Assembly Fellowship (1982)
U.S. Small Business Administration Special Award (1989)
FORRIGN LANGUAGE Spanish
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KSK & Associates
9169224005
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Record of Accomplishments:
.I More than a decade of government consulting experience in the areas of
economic development, international business promotion and state/federal
relations. Principal responsibilities included drafting legislation to promote
commerce and expanding business opportunities for California firms worldwide.
Drafted the California High Technology Promotion Act.
.I Assisted in drafting a grant proposal for the Commission for Economic
Development (CEC) to fund an environmental project which would be
directed/coordinated by the Commission to promote environmental business in v
Eastern Europe through a $400,000 grant provided by tbe U.S. Department of
Commerce's CABEE Program. The Commission's proposal scored fourth highest
on the list of projects top be funded by the U.S. Dept. of Commerce.
.I Contracted with the California Energy Commission to assist with a U.S. Trade
and Development Program (TDP) project and secure funds to aIlow a delegation
from the Czech Republic to vistt California to meet with private sector
environmental firms and state government officials to evaluate technologies and
services which could help mitigate environmental problems in the Czech Republic.
.I Advised the California EP A in drafting a proposal to the National Association
of State Development Agencies (NASDA) to secure U.S. AID funds for an
environmental trade promotion project focusing on Asia. Cal-EPA was awarded a
$30,000 grant to proceed with the first phase of the project.
.I Authored the first state document on the importance of environmental trade to
the state's economy, environmental business opportunities in Eastern Europe and
a detailed description of state, federal and international resources and moneys to
support environmental businesses.
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KSK & Associ~t.s
9169224005
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Comments of Clients, Employers and Business Associates:
"Ms. Krause's ability to master the legislative process, draft/analyze complex
legislation and work cooperatively with local, state and federal agencies, business
groups, lobbyists and 'constituents made her a real asset....Relatively few
individuals in similar positions gave as much to their jobs, matched her knowledge
of the process or used that knowledge more effectively."
....................... State Senator Lucy Killea, 39th District
"Kathleen Krause has an array of contact at the state, federal and international
levels, genuine interest in helping businesses succeed and a conviction that .
government should be the catalyst for business development....California's small
businesses need people of her caliber and credibility to work in their interest."
...................... Mary Leslie, Associate Deputy Administrator ror Business
Development, U.S. Small Business Administration and Conner
Executive Director to the CaliCornia Commission Cor Economic
Development
..
"As the former president of the California Council for International Trade - the
state's largest and most influential private sector body focused on global business -
I have had numerous occasions to interact with Ms. Krause. I have found her to
be balanced, articulate, persuasive and responsive. Her knowledge of both
legislative and executive branches of government and her ability to work with
disparate members of both branches of government made her a very effective
advocate for business."
..........~............ Jerry Levine, President
Mentor International
San Francisco, CA
.,
,
"Ms. Krause's knowledge of federal and state resources, programs and funding
mechanisms for environmentally-focused businesses is impressive. When I need
assistance or advice I know I can count on her to provide accurate information
and sound recommendations that will help my business grow."
....................... Ronald Crane, President
Watson General Corporation
Irvine, CA
.F~ J~/J'J?
From the Office of the City Attorney
City of Chula vista
Memorandum
From:
August 19, 1993 ~\)
Bruce M. Boogaard, City Attorney\~
Honorable Mayor apd Councilmembers
Ci't" MU"'~I .t "'.
Response of Eckis to Request for Basis of "Harmon/Eckis
opinion"
Date:
To:
Re:
Transmitted herewith is the response of Poway city Attorney, steve
ECkis, to the request I made to both he and County Counsel Lloyd
Harmon, on August 6, 1993. My request read as follows:
"Dear Lloyd and steve,
certain members of our Council have requested that either
or both of you please identify the basis, either in the
Agreement as amended by the First and Second Amendment, or
elsewise, for the conclusion in your opinion (the "Harmon/
Eckis Opinion") that an individual city has the right to dis-
agree with the permanent form of governance, and thereupon
withdraw.
I assume it was merely a statement of drafter's intent,
but they are havin~ a hard time reconciling the language in
section 3.8 (b) (2)1 indicated that the flow reverts to such
permanent governance entity 'acceptable to the Interim Com-
mission. 'II
My good friend and respected colleague, steve,
that the words in quotation marks do not
3.8(b) (2), or elsewhere to my knowledge."
mistakenly reports
appear in section
I mean him no disrespect as I am aware that he is a very capable
and thorough lawyer, but he is wrong in this particular regard.
section 3.8(b) (3) of "Interim Agreement" last pending", at page 8,
reads as follows:
1. This cite was incorrect. I should have cited him to 3.8 (b) (3)
which reads as shown in the body of this draft.
2. This is the one with the First Amendment already in it, and is
marked in the upper right hand corner with the words: "APPROVED BY
STEERING COMMITTEE, 11 May 1993. Amended for signature by Any or
All cities".
13-/
"b. Reversion.
(3) To Permanent Enti tv. If a permanent governance
entity acceptable to the Interim Commission is
established pursuant to section 4.5(c), the member's
commitment of flow shall be assigned to that permanent
entity on the terms specified in the document creating
the permanent entity."
The significant aspect of this language here is that the Interim
Commission, a body that operates by majority vote of its members,
controls the condition--acceptability of the permanent governance
enti ty ("PGE") form--not any individual city. The unmistakable
consequence of the condition occurring is that the city's flow is
assigned to the PGE.
His reference to section 3.10 (C) deals with the consequence of
flow committed to the Interim Commission, not the County, a matter
not of concern to Chula vista:
"c. In the event that a permanent governance entity is
established pursuant to section 4.5(C), the flow committed to
the Interim commission shall be assigned to that entity. In
the event that such an entity is not established, the Interim
Commission shall retain the commitment."
The notion that the Interim commission is the entity, not Chula
Vista, which has the power to determine if the PGE is acceptable is
again repeated at Section4.5(C), which reads in part:
" . 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 issue he raises of estoppel is a legal risk that could be
completely mitigated by giving every individual city the right to
withdraw if they personally do not like the PGE. In a related
matter already, the County Counsel has refuted the right of other
cities to rely on their prior opinions on the theory that they are
only the County's attorneys, and not the attorneys for other
cities.
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CITY OF POWAY
August 12, 1993
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DON HIGGINSON, Mayor
BOB EMERY, Deputy Mayor
B. TONY SNESKO, Councilmember
SUSAN CALLERY, Councilmember
MICKEY CAFAGNA, Councilmemher
Bruce M. Boogaard
city Attorney
City of Chula vista
276 Fourth Ave.
Chula vista, CA 91910
/
. .1\
Re: "Harmon/Eckis Opinion" . '3 '(~r'h; .
-rr. 1t,\J I,N'.
Dear Bruce: /. I (,,-vilA .
I have Yo~r t ~fax dat~ August 6, 1993 directed to me and to
Lloyd Harmon. lease review your paragraph 2. The words in
quotation mark do not appear in section 3.8(b) (2), or elsewhere to
my knowledge. ~ " J . .~~, " e'A :' '(,,^'Vw,,::.y::!lw, ~
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section 3.8(a) (1) makes clear that the Flow Control Covenant
of a city expires in its entirety on May 31,1994 (absent bonding).
Once the covenant expires, the covenantor city controls its flow,
free of the covenant. Retention by the Commission if there is no
agreement to permanent governance lasts only until expiration on
May 31, 1994. Sections 3.8(b) (2) and 3.10(c) were written in this
context.
The Commission and its Chair directed the writing of the joint
legal opinion dated July 28, 1993. Each member of the Commission,
including the County, has confirmed by its recent vote that the
Agreement provides for a withdrawing city to control its flow after
May 31, 1994 if no bonding has issued. Additional cities have
changed position and signed the Agreement as amended in reliance
upon this provision and the so-called "Harmon/Eckis Opinion." All
parties now clearly intend the Agreement to so provide and would be
estopped to assert otherwise.
I hope that your Council will find this perspective helpful in
reconsidering Commission membership.
yours,
STEPHEN M. ECKIS
city Attorney
SME/kpm
13-;1
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074-0789 . (619) 748.6600, 695-1400
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CityofChuJa V1'sta
MEMOR.ANDUM
DATE:
August 19, 1993
TO:
The Honorable Mayor and City Council
VIA:
John D. Goss, City Manager
,~
George Krempl, Deputy City Manager i/l \
Teri A. Enos, Principal Management Assistant1*L
FROM:
SUBJECf: Solid Waste Update for the Week of August 16-20
This memorandum is to advise you of the latest developments in the continuing Solid Waste
Participation Agreement saga. In summary, it appears that the other non-signatory cities
(Oceanside and Escondido) are holding firm on their decision to abstain from signing the
agreement. Likewise, there is no indication that any of the signatory cities will be reconsidering
their positions. The following is a more detailed explanation of the actions taken this week by
Oceanside, Escondido, and El Cajon.
. On Tuesday, August 17, the El Cajon City Council reconsidered their previous decision
to sign the Agreement and considered a proposal by Waste Management (dba
Universal Refuse Removal) for solid waste disposal. The Council voted to stay with
their previous decision and as such will remain a member of the Interim Commission.
El Cajon's City Attorney had prepared the attached report recommending that the City
Council not withdraw from the Interim Agreement until it had fully considered the risks
inherent in such action of which she higWights several in the report (attached).
. On Wednesday, August 18, the Oceanside City Council voted (5-0) to continue to not
sign the Interim Agreement. They indicated that there were still too many unresolved
issues and questions related to the agreement and that the short term risks of not joining
were outweighed by the potential long term impacts of joining the Commission. They
still believe that they will be able to develop an alternative which "beats" the County's.
Their Council did not discuss whether or not to participate in' Chula Vista's lawsuit.
Their staff indicates that they will be broaching this issue with some of their
councihnembers to determine whether this issue needs to be brought before the full
Council.
. At their August 18th meeting, the Escondido City Council voted (4-1) to maintain its
/"
13 --5
refusal to sign the Interim Agreement. They also. voted to join Chula Vista in
challenging the surcharge. An article from the Union Tribune regarding their action is
attached.
We will continue to keep you apprised as to any new developments and we continue to explore
the alternatives.
(updnte8/19)
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~h. Honorable Maier and
M.abers of i;he C ~y Council
C:i~y Attemey._.
Withdrawin~ rrom Solid Waste Interim part.101pation
A!J%'eementfI:nit1at1ng- Contract for Wast. Haulil\9
ou.ts1de County
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: ; ,If' '. '1'hi5 m8lDOrandUIII 1. to advise the City Council of some
" .potential liability Which may result if the Citr of 1:1 ca,on
,~lA:.... withdraw. from the Partioipation Aqree.ment at this t me and pursues
.' ~i~:. . contraCt. tor wasta-hauling outside'" the county. We have
.. . 4';; .,,~.earched whether the approval ot s\lch a contract would be subject
. ,>!L ~Q CEgA. We have concluded that it would. The tollowing descdb.s
~~:::~_,..1$:~ analysis of the above issues.
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l~.r~~ .
-:>":~:~~~~I. 'l'he provisions ot C!:QA apply to all projects. A "project" i.
k'fl\!: :ilerin.d in Pub. .... CQde SUO" aa;
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nCa) Activities directly undertalten by any pu!)lio
agency. .
n (b) Activities un4ertaken by a person whJ.ch ar.
aupported in whole or in part throuqh contracts, grant.,
subsidi.., loans, or other forms of assistanoe fro. one
or more publio agenci...
nCe) Activities involving the issuanoe to a person of .
lease, ~it, license, certificate, or other entit.le.ent.
for u.. by one or more public agencie.."
CEQA Guideline. 515371(8) provide. as tollows,
(a) "Projeot" means the whole or an action, which has .
potential for r..ultin9' in a phyaical ehanl1e in.i;he
environment, directly or ultimately, and that i. any ot
the followinl1: I
(1) An activity direct:ly undertaken by any pUblic agency
inoluding but not limit:ed tQ public work. oonstruction
and relai;ed aotiviti.a, clearing- or gracUnc;r ot land,
improvements to existing publio structures, enactmant. and
.
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&00 ....ST MAIN ST"'EItT . 1:1.. CUUON. CAI..IJfOANIA 112020
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uendll.nt ot Iloninq ordinance., and the .40pt10;, and
uendment ot local G.neral Plans or element. ther.of
pur.uant to Governmont'Code Seotions 55100-55100.
".0/1'-' (a) An aCltivity \mdertaken by a person wtlioh 1.
. >~.:~" : suppon...:l in Whole or in part throuqh pul:>l1c a'iJenl:Y
:. .,.~,. ooava.ta, 9Z'ents, .ubsidi.a, loan., or othor rons of
." ~;.. a..ietanGe frQID Qne or more public a'1onc1os.
", (3) An a"ivity involvinq the i..uanc. tQ . porson ot .
.,.,~.:. 1...., peraito, liQen.e, Cler1:iticate, or otber tmtitlemeDt
.. ".M' fOI: .. by on. or more public a9.nci...
..::;f#:':~ w. RUev. that approvinq a centra at ror _ste-hau1!n9
., ~I'''' 8ervic.. outside the county constitutes II discrationary activity
'" }'~: tbat will \mquestiona))ly have II pottantialei'i"itioant a4ver.e
:..~.. . iapaot on th. envirolUDant. In LiverlllorQ v. Local A!;Jency 1I'09atlo"
: '~".. tl_. ot Alllm.~!l county (1986) 184 Cal.App.3d 1531, the revi. OD ot
. . ,.l: . ~~.:: UFCIO 9\lidelines were sufficient to tit into CEQA t. broad
....:" 'd.finition of a project. In Heninaltr v. Board of Su"ervlllor8 of'
....~~~: . Sana. Clara County 186 Cal.App.3d e01, the Qourt found a proposec:1
..::.:.... oninanco authoJ:'1Iin'1 the issuance of perll\its ror alternative
,.:~::..; " 8Wa9. cU.epo_al sy."eme constituted a "project" within the meeninq
. '.:.;,,:. of Pub. R.s. ~oc!e s:aon. The AttQrnoy Goneral has 1ndioa"04 that
. .. :;!'.... even portions ot projects which extend ~eyond the boum!ario. ot the
.:.~}..:. :eQU mUllt be considered as part of a "project." S8 Ops.Atty.Gen.
.~~.!!!i(n4. .
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. .:.: . Wa_te haulin'i over extentS.d tSistances craat.s obvious i1Dpact.
,,:'i', of .1n=.a.in9 traffic and 46cr6a81n9 air quality, ener9'f
.;. .;!':;,. consumption and traffic congo.tion. Anyone or th..a upacta may
.:::."'~; be 8utriclent to require the preparation or an EDt. We woulil
" ........... stronqly caution the City Council aga1nst cOIlllllltting to a conuact
. ..':.::\.~, tor "aste-hauling outside tho county before' oolllp1.1:1on at all
....-:;i~;.:-" '.nec..sary anvU'olUDental review of the illlpaQt.. Such revi.w ..y
. .' .~~)." 'daonstrat. the need for an BIR, Which ma)" take a oonsic:1erabl.
'..',~,~., "'_ount of tilDe in preparation and review.
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:(: ~.:' Thi. ottioe has not had adequate time to research the issue.
. ".~.,. ""ith respect to the City I. potential 11ab11i ty tor the current:
. '.' y.,'. Lndebte4ne__ of the County Solid wallt. lI:nterprise FUnd or CDCLll. .
. "!',' . (Cl:lmprehensive BnvirolUDontal Responso, cOlllpensation aneS Liability
,,' .... :~:',. ;Aot) liobility tor cleanup ot county _ite. to whic:h the ci"y h._
'. .~:""'!J . '.not t:ransported _0 lid "aste, it the City is not a meD\l)er or 'the
'.' "::~"".Intel'1lD <:oIllllli..ion or any sUb.equent 90vernance ent1"y. It b the
"':"1"}' 'l"8Co_endation of this office that the City Council not withcSJ:'aw
!~;'... !'I;\~;.~.~. Participation Agreement until it haG fully oon_1401"04 the
3,i' .'tfJ..k8 inherent in such actio,n.
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Escondido to help challenge trash charge
By RAY HUARD
Staff Writer
ESCONDlDO - City Council
members voted unanimously last
night to join Chula Vista in a court
challenge of a county surcharge on
trash disposal.
The dispute over a $19-a-ton
surcharge, imposed on cities that
refused to sign long-term disposal
agreements with the county Solid
Waste Division, is scheduled for an
Aug, 27 hearing before Superior
Court] udge Ronald L. Johnson.
Johnson denied Chula Vista's re-
quest Tuesday for a temporary re-
straining order to stop the sur.
charge pending a full hearing on the
matter.
The surcharge, imposed Aug. I,
raised landfill dumping fees to $62 a
ton from $43 for cities refusing to
sign agreements committing at
least half their trash to the county
system for the next 20 years.
"
In addition to joining in the court
challenge of the surcharge, the
council voted 4-1 last night to main-
tain its refusal to sign the trash
pact.
Councilwoman Lori Holt Pfeiler
said the city should sign the pact
and join the county and other aities
on an interim trash disposal com-
mission so Escondido can have a say
in the development of a regional
trash-<lisposal system.
"If we want to solve this on a
regional basis, we should be part of
the regional c;pmmission," Pfeiler
said.
Arguing against signing the pact,
Mayor Jerry Harmon said he is con-
vinced that there are cheaper alter-
natives to trash disposal than those
beiOl!: considered by the county.
J3 -1
.
Hannon said it would be a mistake
for Escondido to commit its trash to
the county until it examines the
alternatives.
Harmon said the city will know
what alternatives are available in
October when responses are due to
a request for proposals for trash
disposal. The requests were sought
by a North County joint-powers au-
thority consisting of Esc'ondido,
Carls bad and Oceanside.
Councilman Richard Foster said
Escondido would be "a bsolutely
nuts",to sign the county pact, which
he saId could commit the city to "a
nutso system" of trash disposal.
"The county system is bankrupt
. . , a house of cards," Foster said.
..
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CllY OF
CHUlA VISTA
OFFICE OF THE CITY MANAGER
August 24, 1993
Editor
San Diego Union
350 Camino de 1a Reina
San Diego, CA 92112
VIA FAX
After reading your comprehensive article regarding the dec1 ine of Rohr Industries
during the current recession, I would like to call to your attention two very
misleading statements that were made in the article and the accompanying graphic
in the August 24 issue of your "Business Extra":
1. In the large graphlc on the front page of this section, it stated that the
new $43,000,000 engineerin9 building in Chu1a Vista was opened, "but was
emptied out with layoffs." That would imply that layoffs caused the
bui1dino to become eml2ty, but 'the accOmpallYIII~ artlcle maae h elect' LI,,,L
th~ bu i 1d ing_:-,..a.L.t\:lll,:.:tbir:9,LfJJJLa_mL thQ,!_go~!'I~Lcontemp 1at ing moving
its admlnlstra:t.ilLe-~adqua, tcrs ol'lcration,. i..niQ..j:he bU1IglnQ to T111
tne rema i n i ng' thi.r:sLllLthat new bu i 1 ding. -
_....,__'n~_."'....__..,..,,'~._.,__.,..,_N._" ...../.
2. In discussing the new engineering complex, the article stated, "After
we i t i ng y"er, for thp h" i 1 rl i no permi ts. Rohr aot the 9reen 1 i aht to
p"ilrl ," This is fiction, given the fact that building permits for this
.
structure were issued within seven months. So, there were not years of
waiting for building permits.
We have no way of knowing whether the other facts stated in the article were
similarly flawed, it being assumed that these were just oversights in an
otherwise factually correct article. These two are called out for your
information and for the edification of the public.
. Sincerely,
John D. Goss
City Manager
JDG:mab
;i -' /
276 FOURTH AVENUElCHULA VISTA, CALIFORNIA 91910/(619) 691-5031
THE SAN DIEGO UNION-TRIBUNE. .TUESDAY, AUGUST 24, 1993
Rohr still
'pays for
!:heyday's
. decisions
i
Rapid expansion
~ continued after
::boom went bust
. By ELIZABETH DOUQLA88
. Staff Writer
In the early 19808. the aerospace world
was headed for an unprecedented boom,
and Chula Vista's Robr Inc. was in a hur-
ry to prepare for it.
, Company officials. discouraged by gov-
ernment regulations and red tape in Califor-
l ma. took their quick expansion to the
Southern states. There. governors were ag-
gressively courting companies like Rohr to
help offset high unemployment and rural
poverty.
1 Spurred by industrial revenue bonds and
" other government assistance, theaef'Oa
space-parts company added six facilities-in
five years - all outside its California base.
If Rohr had stopped there, itS troubles
would be more manageable today.
. But Rohr continued to expand into the
19908, even as airlines were getting wal-
loped by the effects of the Persian Gulf War
and escalating fuel prices. even as McDon-
nell Douglas Corp. announced heavy layoffs
at its jet-making unit; and even as Rohr itself
began layoffs and cutbacks because of de--
clining profit and slack demand.
What's more, Rohr continued to spend on
new buildings and to relocate work even af.
ter cash was becoming short and debt pay-
ments mounted.
Different wortd
"'If your logic is that the company overex.
panded, built too much facility, too much ca-
pacity, with perfect, 2().20 hindsight, that's
certainly true," said Robert Rau, Rohr's
president and chief executive officer aince
April.
And, though Rau wasn't at Rohr when the
expansion decisions were made, Rau, a for-
mer chief executive officer of another aero-
space supplier, understands bow fast the in-
dustry changed in the last few yeallI.
'"The world looked different then,l can
assure you," he said.
Rohr now faces an airline order slump
that threatens to continue into 1995. And,
with cash flow still anemic and debt high, the
company is scrambling to cut expenses.
Rohr has c;hopped its payroll to 6,464, al-
most half its July 1989 level.
Rohr also bas reversed some of its expan-
sion.
In the last 18 months, Rohr has closed
one plant in Washington state and targeted
its Maryland plant for shutdown; mothballed
a brand-new Arkansas plant before it
opened: and canceled plans for an Arizona
storage facility. Closer to horne, Robr has
junked its proposed new headquarters build-
ing in Chula Vista.
Rohr' 8 aborted expansion in Arkadelphia,
see Rohr on Page c-s
The Chula Vista aerospace cOn,p..y began an aggreoslve ~ expansioo to ieor up ror reconHelllDg ordero
rorpaseenger jets and their oomponen1o ill the early 1980s. Now, faced wltha .....octed Iodustly slump, Rohr Ia cutting
bock. . . .
UIc:A1IOII FUNCllIlIi
~ ,., .',
;if:'br:l~,'::t., 'i:>';~""
".)\V~ 'p tt,j'? .1
,:';;:f;: If
L
ROHR'SFAR-FLUNG ENTERPRISE)':.
.3; f. <,<iii,
Rohr built its
TOldouse,
France, pJa,t
(left photo) in
1973. Rohr's
composite
bondiniplant in
Hagentown,
Md., (right
plwto) is
scheduled to 00
closed in 1994.
...'"
. FOLEY,
A!abalna
. FAIRHOPE.
Alabama
Rohr Aero Strvk"
. HAGERSTOwN,
Malyland
. AUBURN,
Washington
. SAN MARCOS,
T....
(HTA loc.)
. TOULOUSE,
France
!1M
mAIII ICIIm
19841
~
711t II't2 1113
463 513 388
--
Open. poyroD could
abrink amid cut_
Open, poyroD relatively
stable.
wm phase out in 1993
and close in 1994.
Closed ill 1992.
Planned opening ill 1993
never OCCUlTed. Plant
mothballed instead.
Rohr canceled Plans
to buy 229 acres for
storage !aciDlY.
Open, payroD sIuinldng
fast amid cutbacks.
New $43 million
engineering building
open but was emptied
out with l!Iyoffs.
-.RivERSIDE," 'Metar;uid;;;'~~',7}'::;; ',.~! i95f"'~;"'~~ i95:i" 1,953"'1.132 oPen, payronshrInkinI'."
Califo~_:":'" . _'. ",_,.:~,~~~:~.:,;_L,~,.,L.:~.LI.!2~,~~~L~';L.i;;:,;~.l~~-?:~2~,:L.L_~ _",:;,";{,1~ amid cutbacks. . ,
>. .MORENOVAlLEY Fina1assemblyror .., 1979~ 236 219 191 'Op;en,pj.yrollmay
L California Iilllitary programs.' . . ,> shrink amid cutbacks.
t . SHERIDAN, Fina1asoemblytoT [" "">'f"^-'~l988M: "''' iTi' ~ 2M.248 Open,payri>Dmay "'\,',
t Arkansas ' commercial program.e; : >, . , '. shrink amid ~tbackt"., "
,.; .'HEBEilSPRINGS: 'Fb.aia.sembIYfurk 1 :. -'l988~'I8t;~i8- ~_.- 'opO;tpayroDmay-~'~~
I", ArlumSlU! conuuercialprograma:. ." ....., . " ':'" w , .abrinkamid"".~h"
'.- ,,,,,,..,,<~, '" .V''')' ~t,,~,.(,.,.,,~,'l\""'''''ff' ,. ,> " _Po'1\j"" 1 -"~
i,~sec:oud~bUndiD1f!88.2.~~)'~~~,~.~E_~,...~jn~1.4.~~lnlm'. ~ it/~;';
: 8OUACE:~........tJnbn.~">L1M\.14;.~~~ ~ '';;;'j/l~~''''~~''''~~''i'''''' ,";,,~i~l( ; -~1~' .':1'~ ~'<:>l.'t"~;)>'
# ,">,,~""~:,tl. 1h j ml~ ~",. .. \"\~~i!!"~)h~;,f'W1 >/ A, ';~.~',!.) ~ '" ~":",.'Ii;i
~ ~'d':'"'1;dt:~, J<!;>I,,'c~'hut~"<' ,'_ 1~..)tl:1,v,!t r ~$'-. }\1'O',,$. f;"",a
Fina1 assembly ror ml1iIllly
and commercial..':"".....
wire barn... assembly.
. \lepair,modificalionand'.''''
overhaul of nacelles and
thrust reversers.
Compolite boit_,':J) ~
c finalassembly. .
-','
Support/or Boeing Co.,
final assembly, wire.
hamessassembly.
Advanced meta1 fabricating,
. high tempermure
aeroatruclureS.
Fmal assembly and support
for Airbus Industie. Rohr Aero
Services-Europe: repair,
modification and overhaul of
nacelles and thru,st reversers.
. Fina1 assembly and _..i/or
Airbua Induatrie.
Superp1astic /ormiitg
operations.
1984.. 50'." 74 'Is
1937 . 468 477 a23
1956 142 146 0'
1990 0 147 152
.1973S 390 461 407
c.
0,
. HAMBURG, .
Germany
. ARKADELPHIA.
.Arlumsas
.0'
14.
1993
"...';
i".,
'.0
o
.0
. CASAGRANDE, .
i\rizOna
StoragerortoonnBtrOm .:~: ,.
olderairallfl_'.'i'
,~1
;~"l"
. Clll11.AviST'\
California
I;,
,. ---, ..,:,":
.. . CorpOrate heiidqUarters.~.
metal forming and fabrication,
engineeririg, research. '.'
product developmen~ :.'.::
customer suPport. '. "
.' .' . ...., ,::,.~~;;'\.!1."
1941' .
7,031 4,748 3.334
1'-;::';
Open. payroD could
abrinkamld cuthacka.
Open, payroDcould
abrink amid cutbacks.
Jual bpened
1984 openingof
Foley, Ala., plant
(left photo)
marked start of
Rohr.'s out-of-
state expansion.
. Heber Springs,
Arlt, ooeame
Iw.... to Rohr's
second Arka...as
plant (right
. plwto) in 1988.
'"
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;s- if
Recommend that Chula vista withdraw from SAD effective November 1,
1993 unless either of the following two scenarios occurs by
November 1, 1993:
A. The Penalty Risk is removed by contract to the satisfac-
tion of the City Attorney, which would include a contractual
commitment from SAD, the City of San Diego, and member agencies,
not to issue bonds, commit to districtwide financing or build
facilities until resolution on Main Issues in a form satisfactory
to each City remaining in the SAD. Signatories to provide
indemnities.
B. Reach resolution on the "Main Issues", defined as follows:
1. Weighted Vote granted to our satisfaction.
2. Capacity Rights granted to our satisfaction.
3. Costs are distributed in a fair manner.
a. City of San Diego assumes full liability for
unfunded EPA mandates resulting from their past
failure to obtain prior Clean Water grants.
.
4. otay Valley Reclamation Plant given priority in
construction schedule.
J~c1~/
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item
Meeting Date 8/24/93
Resolution J ? 13 J- Approving the Acquisition/Financing
Agreements and Assignment of Proceeds Agreement for Assessment
District No. 92-02 (Autopark) and Authorizing the Mayor to Execute Same
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager
(4/5ths Vote: Yes_No.1D
On March 23, 1993, Council adopted the resolution of intention to order the acquisition and
financing of certain infrastructure serving the Autopark development pursuant to the Municipal
Improvement Act of 1913. Later, on May 4, 1993, Council adopted Resolution No. 17102 giving
preliminary approval to the Engineer's Report for Assessment District No. 92-02 (Autopark) and
setting the public hearings. The two public hearings were already held on June 8 and 22, 1993.
After the second public hearing, Council directed staff to bring to City Council the resolutions
forming the district after the recordation of the Autopark Parcel Map.
Parcel Map No. 17197 that creates the three parcels of the Autopark to be included in the district
was recorded on August 18, 1993. In compliance with Council directions the resolutions
approving the acquisition and financing agreements and the assignment of proceeds agreement
for the Autopark Assessment District No. 92-02 are presented for approval.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Description of Work
The public improvements proposed to be financed through the Assessment District No. 92-2
include pavement, drainage facilities, curb, gutter, sidewalk, landscaping, street lighting, sewer
mains, sewer pump station, storm drain system, water system, and miscellaneous appurtenant
structures. The acquisition of right-of-way for Otay Valley Road widening and Brandywine
A venue and Auto Park Drive construction within the proposed district is also included.
Construction of the Assessment District improvements is projected to be completed by the end
of 1993. The developer will front the funds required for construction. Once the improvements
are completed and accepted by the City, they will be purchased using bond sale proceeds. The
bond sale is proposed to take effect by early December 1993.
~~~-/
Page 2, Item
Meeting Date 8/24/93
The total amount proposed to be assessed to the parcels in the assessment district is $1,985,683.
This includes construction, engineering design, inspection and administration costs, and other
incidental costs. Also included is the acquisition of the underlying Otay Valley Road Assessment
($365,939) to eliminate the overlapping of liens for the proposed Autopark district. Table 1
shows a detailed cost estimate.
The proposed assessments (see table below) comply with the City policy of 3: 1 value to lien
minimum ratio. An appraisal by the Kibbey and Samppala Group dated April 15, 1993, estimates
a value of $9.00 per square foot for the land to be included in the district.
Net Area Value to
Parcel (Acres) Land Value Assessment Lien Ratio
1 2.543 $996,958 $332,319 3:1
2 8.299 3,253,540 1,084,514 3:1
3 4.353 1,706,550 568,850 3:1
TOTAL 15.195 $5,957,048 $1,985,683
Resolutions
Tonight's action will continue the legislative proceedings of the Autopark Assessment District. Through
the approval of the proposed resolution, the following agreements will be approved:
. Acquisition and Financing Agreement - Sets forth certain terms and conditions of
the acquisition of the improvement work to be installed and financed.
. Agreement and Assigmnent - In order to procedurally acquire the water system,
it is necessary for the City to enter into a three party agreement with the
developer and Otay Water District, for the acceptance and conveyance of water
improvements constructed as part of the assessment district.
. Assigmnent of Proceeds Agreement - This agreement is to be executed by the
Developer, General Motor Acceptance Corporation (developer's lender) and the
City. It provides for the assigmnent of 47% of the proceeds of the acquisition
and financing agreement to General Motors Acceptance Corporation.
The proposed agreements are in substantially final form but they have not yet been executed by the
corresponding parties. Due to time constraints, the developer is requesting to submit the agreements for
Council approval. Staff recommends that Council approve the proposed agreements subject to the
determination by the City Attorney that the final agreements do not contain any material changes or
modifications.
~d~~~-~
TABLE 1
COST ESTIMATE
ASSESSMENT DISTRICT NO. 92-2
CONSTRUCTION COST COST ESTIMATE
Streets $602,254
Water 117,054
Sewer 150,704
Storm Drain 170,586
Subtotal Construction Cost $1,040,598
Contingency (10%) 104,060
Total Construction Cost $1,144,658
INCIDENTAL EXPENSES
1. Right-of-Way Acquisition $738,230
2. Outstanding Lien (Otay Valley Road 365,939
Assessment District 90-2)
3. Smveying 23,000
4. Landscape Architect 8,100
5. Civil Engineering 79,200
6. Soils Engineering 35,000
7. Construction Administration 20,000
8. Public Agency (Project Management & 20,000
Assessment Engineering)
9. Bond Counsel 17,428
10. Appraiser 6,000
11. Permit Fees
Otay Water District 9,000
City of Chula Vista 22,000
12. Printing & Advertising 1,000
13. Bond Printing, Servicing & Registration 10,000
Total Incidentals $1,354,897
Developer Contribution (774,791)
Subtotal Construction Expenses $1,724,764
COST OF ISSUANCE
Capitalized Interest (1.14%) $22,637
Bond Discount (2%) 39,714
Reserve Fund (10%) 198,568
Subtotal Cost of Issuance $260,919
Balance to Assessment $1,985,683
LdeT/A Y.090
WPC F:\home'engineeragenda\l255.93
~Ay~~-J
Page 3, Item
Meeting Date 8/24/93
Future Actions
Future actions shall include:
1) Confirming assessments. ordering improvements and approving Engineer's Report [September 14,
1993]
2) Authorizing issuance of bonds [September 14, 1993]
3) Approving the bond indenture, preliminary official statement and bond purchase contract [early
November 1993]
4) Bond sale [early December 1993]
FISCAL IMPACT: None. The developer has already signed a Reimbursement Agreement with the City,
in which he agrees to advance all City expenses related to the proposed assessment district formation.
LdeTJA Y-090
WPC F:\bome\enginceragenda\l255.93
~~7~-1
RESOLUTION NO.
/72Jl
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND AUTHORIZING
EXECUTION OF AGREEMENTS IN ASSESSMENT DISTRICT
NO. 92-2 (AUTO PARK)
WHEREAS, the city Council of the city of Chula Vista,
California, is considering the formation of a special assessment
district under the terms and provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California, for the installation of
certain public works of improvement in a special assessment
district, said assessment district known and designated as
Assessment District No. 92-2 (Auto Park) (hereinafter referred to
as the "Assessment District"); and
WHEREAS, at this time there has been submitted to this
city Council for review and approval, an agreement by which the
city will acquire improvements constructed by the Auto Park
developer and which sets forth certain terms and conditions, as
well as estimated prices and quantities of work to be installed and
financed pursuant to the above-referenced Agreement ("Acquisition/
Financing Agreement") ; and
WHEREAS, there has also been submitted for approval by
this legislative body an agreement by which Auto Park Developer
assign to their lender, GMAC, the proceeds they would otherwise
receive from the Acquistion/Financing Agreement ("Assignment of
Proceeds of Acquisition/Financing Agreement") and a three party
agreement with the City, Auto Park Developer and Otay Water
District by which the city assigns to the Otay Water District the
water improvement facilities it will acquire from the Auto Park
Developer in connection with the construction of certain water
facilities ("Agreement and Assignment") .
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1.
That the above recitals are all true and
correct.
SECTION 2. That the Acquisition/Financing Agreement, the
Assignment of Proceeds of Acquisition/Financing Agreement and the
Agreement and Assignment, as submitted for the referenced Assess-
ment District, are hereby approved in the form as submitted and as
may be changed in a manner acceptable to the City Attorney and City
Manager, and execution of such agreements as acceptable to the City
Attorney and the city Manager, is hereby authorized to be made by
the Mayor and city Clerk.
SECTION 3. The final prices to be paid for said improve-
ments shall be prices as determined by the City to be reasonable,
to represent the actual costs and expenses for the installed works
of improvement, including all appropriate incidental expenses.
tU/~~~~ -5
SECTION 4.
on file in the office
inspection.
That a copy of each agreement shall be kept
of the city Clerk and remai pen for public
John P. Lippitt, Director of
Public Works
it
J.ty
Presented by
Bruce M. Booga
Attorney
F: \home\attomey\autopark
tZ4fJ ~~
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08-24-93 04:12 PM FROM B D H
P02
~l~"'~~
AOQUI8:t'l'IClII/nllMlC:l:ftCiI w.....IN''t
THIS I\GlUIIIMlIlI'f ia made and .n~.r..s 1.IIi;;o t.hl.e _ clay ot
exl..tLng
...f...raQ
lIAaGARl1'
I
o .s
eve oJ:)eJ:'''.
lIBEIlBA8, the city 18 CIOllaieS...ing' th. fo~tion of a .plCiel .........nt 4i."riot
und... t.h. t:eJ:m. ..nd oondit.ion. 01' the "MUnicip..l I0I9I=0v_nt. Aat: of 1$13", bein9
Dhi.ion 12 01' the It~. and 8iO'bw81. Code of ~h. st.at.e of Califcznia (the "1913
AO't:"), fa.. tb. oon.t.."O't:ion of certaiD pul:>lio 1mpr_t., togft.h." wit:1I appjarte-
nanoe. and appurtenant work wl.t:bin tll. ;lurhdiot.l.cmal 1.\.11111:.. of .aid City,' aaid
.peoial .........nt ~U.al:riO't: knoIm lIIld d.signat.ed .. lIInlllllR'l' DISTlUC'1' 1fO. i 92-2
(AUTO PARlt) (he:a:einaft... r.tell'J:.d t.o a. t.he ..A...._t. Di.t.riot."), an4,
WBIRIA', Developer, in on.r to ......a..d in a timely war with it. d.\re~nt,
ded,.,.. t.o con.t.iNot. cazta1D ".b11o w:a:ka of L...on:_nt that. &&'e t.o be owned,
operat.d and lD&intainacS bt ~he oity (the "Cit.y UlR>.:o._nt.") and by t.he Ohy Wat...
DiUdot. (tlle "O\ay IIlIP..~_nt." .nd "O\ay" re.pectively) and that. ara propoll!ad to
be inoluded with t.h. "",.,ke of .\.mJjl~t tor tbe ....._t Dl.8t.rict., nUlllly, the
impro_n~. e. .at. forth and 4..odbed. in t.he at.t.abed, ...1'_4 &rid inoo&'pOJ:'ated
lIxhibl.t "A" (OOUeo1oJ.T.ly, the "Xmpr_tS"), lIJ1d,
"KIRIAI, t.he cl.t.y an4 Devalopez: &&'8 Ln a~nt tll.at the ImPr_nt. m4:r b.
aoqqi...4 br the Citr through th. Aa...sm.nt Distrlot financing at price. date~ined
punuant to tlut p..gy.l...I.on. of this Agr_nt., ....d,
W1mlUSAll, it i. the intent of this AOr_nt to pro"lde thet D."eloper .hall. upon a
8Uco...~ul oonfizmatioD of .....sment and ..le of bOnds for the A.......nt Dl.~Fiot,
be pald tor t.he 1lIIpro,,_en". "hieh are lntegral .m a part of the ".ee~
Ilie"",iet:, a" t.h. prio.. a. _e""'iDed bf tb. C1ty, anc:l,
WIlIlRIAS, the City ba. no objeotion to puroha.ing the IIIIP&'OV_nta frOlll' .aid
nevelaper. and Dev.loper 1. ded&'O". tbat t.be Ci~:i pII&'Oha" sald IllIllrov_t., and
a~ thi. U",e .a.\.d im>>_nt. are _ri by I)evttlope".
lIOII. TBIlRIlI'ORI, IT tl HIr.l'1l'AJ.Llr I\GNIIBD between the J:tlspect.i.... p....ti.. .. follows.
DCTIOII 1.
aaeital.. That the above reoi"al. .... all true and ~J:tlct..
SlIIClTlOIl 2.
1'1.... and .Mc1t!aatione. IU.l plan., .peol.tioa"ion. and bid doaUlnenta
for the %lIIpro"elll.D". .hall b. prepel:ed by the Developer a" the
Developer'. !.nlti&1 open.., aubjlKlt to clty or otay approvaJ., a. ~he
..a.e lII8y b. (~ba "Ilan. and 5p8cification."). The ooa1:.8 o( ac~i.~tian
of 8uGh 11IIpJ:'~nt. ahall i""lu<1e coat. fo" nld plan., apeol~iaa.
tian., b1d. d_nta and aU related C1OC1l111l1nt.ation. D8\reloper "hall
Dot alfa..d !::till. for oonatruct10n, cOllUllence llon.truction or pau..
a__nt of oon.truction o~ any 1IIlpro.-nta until the Plen, and
lpealticatlon. have been approved by the Cit.y or O\ay, .. the oa.. "aY
ba.
[2M.t~~-7
08-24-93 04:12 PM FROM B D H
P03
SIKlTION 3.
IBC'l'ION 4.
IIC'l'1OIII 5.
Ot.ay AGreemen~. "'"elaplr...d Ot...y ha". enl:u", or 1nt.end to elltar,
into ..n "lIr_t pct..in.l.Ag to th. eS...I.gll, .1eSdiDg, /;Iond1ng, oonallruc-
tlon, in.pee1:1on ..neS .00....0. of th. OI:&y :Ul".:o,_.nt. (th. "Ct..y
!lOreaunt") . 01111 an4 D...:Loper .9r.. that w th. ext:ent th..t ~heOt.ay
AlInalllenl: do.. not. confli.ct: 'fILth the nquu--nta of tile 1913 Aclt.
~a1111"9 to tu .cqu1aU.1011 and financl1119 of tu 01:&1' Improv_ta,
~u OI:..y Ag~_lIt auU a.tllb1.l.al1 ~he tente. ...d ClQIld1tlona QOV1Im.l."9
tile ~at.l.Clft of Plan. ...eS lpecif.t.gat.l.ona, 1I18peCl~.l.on. .nd C101l.truo-
t.l.on of tba O\:ay ImpNV_te, but ~b.t th.l.. ~lIt .heU oo,,~:r:01
~ha pw:c:h... pz:.l.C1e to ~ peid for any WClh OI:.y Impr...-nt...
OOllatruCltion of I.........._.nt... All Il1IPrOV~a .1Ia11 be eon.~ruo~ed
by, or undez; the d.l.&'ectlan of, lleve1aper and IIh..11 be conetruClted in
auba~ential gClqlll..nCle wl'!:h t.he ..ppro,," P1.... and IpIICI1f.l.l:lat1olla' (...
eSeftne4 here.l.n) for augh Improvement. and :I.n CCIIIIpUange w.l.th, tile
requ.l.~ta af SacUOII 1001D of tha 0..1.I.fo"1I1. ~. and lU,g!j.w..ya
COcSe, which .~..~ute requiN. th.t. any 1IllpZ'a~ to be acquirej:t by
~h. Clty which are complet.ed afta.. adottion Of the 9ao1..t1011 of
illtention for the aoqu.l..it!on of ...oh Imp~..-nt. mu.t be eOllet~ot.d
... U weh I~nt had bean con.t.....OI:.. unda.. the eSireCltion aneS
lIuperv.l..ion, ~ uAder the alRhod~y, of C.l.~y.
Afl::e:r appzoval of the Pl.... and 8peCl1ficat1on. for the ~OTeI\!8nU
pur.u&D~ to lect.l.on 2, Developer allal1 publioly acSvezti.. for b.l.e8 far
auoh 111l1'''0''._lIt. anel ahall FOYiee Cit.y .,.l.t.1I a lht of all ,b.l.ea
reo.Lveel for the oontract:. Upon the rev1." _ "ppl:O'\I'a1 of O.l.ty of the
b.l.da, De..loper ahall ..ward t.he contraat(.} fO/: allClh ImprovlIIIIIHlt. to
the low..t "..pons.l..l. bideer. City,:I.n .I.~. aol. but l:'."onIlb1e
disor.tion at..t.l.n'iJ 1011. 1:".0118 tl1erefaZ'8, ..ay r.qum D.....loptlt' to
rajact all b..!.ea and r~.l.r. the worl!. for alloh IIIIpr__nt. ~o be r.~.l.e.
U llev'eloper eS..l.ree ta be l:'81mbur.ec for IU1Y Clhan;e ozd..., Develop...
ah.ll Obta.l.lI the prlol: wdt1len approval of 01ty, whLoh appro".l Ihall
1I0t b. unr.lUIOnab1y w.l.t.hh.1e or delay.d.
In._1:.I.~n and AeCl.ut.llC8 of !;be ~~n.a. The oolla.l:'uct.l.OII .C1jiv.l.-
ne. re1at.l.lI'l to tM :tmprov_t. .hall b. auh~eOI: at. all ....8On..b1.
1::inIe. to .l.n.pee1:iOIl by .uthorbeeS ~.pz:eH1'It.at.ive. of O.l.ty gr OI:ay, aa
appl:'opriat.. Onoe an enf:in IlIIprOT8lll.llt to be aoquired by O.l.ty i.
C!Ol\\p1et.eS in aoaordallClt with the aPPro,," 1'1alla and IlpecUlcat.l.ona for
auch IlI1prO"1_nt (inOluding any ohllll98 Ol:'den reaeonably appZ'cmtCI l:Iy
Clt.y ozo Ot.ay, a. aPPZOpriate), then .uch IlIIII"ov_nt. llhall be .l.l.g.l.ble
fO/: aco.pt.ano. by the 01ty fo.. pu:r:po... of pay.l.lI'iJ t.ha Puroh..a !'idee
(u eeUn.d in Section 8 I:ltllOlf) for 811Ch Impro"......t.
pzo.l.or to &Cloapt....". of any :tmp..o_nt. by oit.y for pIIqlO". Of J:lIIYl11l1
~he 'urcha.. Pd.ce, the Developer ahall prcwld. to City (.I.) aa-buUt
draw.l.nga 01: otbttr a1lll1.1.r 1'1_. "lid sptlclUoatioDII fol:' auoh I~O.,......t
.1.11 a fOrD reaaonable ~1. to C.l.ty or at..y, ..a ..pp1ic..ble, (.1.1) a
c.rt.iflcat.e of D..,elop.;-, supple.ent.d. l:Iy informaU.on rea.ollably
aatietactory to C.l.ty, 1:hat. the l~ll~a tCl be ..oquired h."e '~
t?d4~~-~
. 08-24-93 04:12 PM FROM B D H
PQ4
QOlIstructlld .. if th8Y had ~n conatruat.d undlr the dirlctiQn and
eup.rv1ILon, or und.r the au~odty of City, qd (LLL) a ...rUfLoat. ot
DtIVItioper atating that no IlMlChanLo'a 11ena or otber eIKlWIIbranc.a ,have
atuched, 01' to tbe blat llngwl.dp <;If DlIftloper, anII' due inquLl'y,
wLll attaoh to till Improv_nta to be acqu1red.
lUC'UOlr 6. Warrlnty of lIIlDIrOv....ntl. '1'be IIIvtIlopelr allall be abUgated for 1
pedod of twel.,.. (12) _tbl aft.r tbe date CU'y .00eptl an Impr~t
to ll'ePIir or r:eplac. any clefl!lC'ta or falluRe relul1:1ng from tll. work of
lIevelop.Ir, it. contractora or aPllta. Vpon the expiration of auah
twelW1 (12) IIOntll pu1od, Developer shall UligD to City or otlY. ..
Ipplioeble, Lt. rightl in and to any wuz:antiea, guu.llt..a or Ot.hH'
.vid...". "f ......tin9lllt chUgation. of thbd per.ona wltll Ireepeat to
.uoh %alprOVllllllllt. At the t1me aity accepta an IlIIpr_t, Dta..el"per
ehall pe.t a _intllllanOlt bond, oau.e a ...inten_ bond to be po.tld,
or ...Lgn Pevelopu's riglll:8 under .uob . bolld namillg City or ot.1, .a
.ppll.oabll, .1 beneUoialry in .n amount equal to t.n pe"lIlt (10\') of
the conltruCltion "o.t. of the Improv....nt in "rdlr to ..cure
D.veloper'. abl1gltiOlll pur.Ulllt to th1l Seatlon. .
SSC'1'ION 7. notio. of COIIII:IleUon .nd x.~ Rei...... Ilevelaper ehall notify Citr in
writing upon OOllpletLon of ..oh of thl %IDp2:~ to be aoqu1l:.d
hereundillr, Developer .han pr.p&n and _cut. a 1'101:1... of CClalplation
for auoh Improve_nt Qr portiQn thereof in tile fOn! pre.olribed br
SiIlCtion 3093 of the California Civil Code and allell record .uoh n~ia.
in tll. OffLerial Reoord. of the County. D.veloper Ihall ea\l.1 it,
oontnator (I) to provide unoondLtional 11en rel..... for .\loh %lDp2:Qve-
menta or poni.Qft thereof in accordance with lIeClt:ion 3262 of thl Civil
~. RatwLt.llet:anding the eOEOlliOlng, CLty IDIr waive the IrIqULr_nt
fOlf a Retioe of CampletLaa a~ l1en rei..... if Citr dete~Ln.. t.het ..
of tile date of pa}'lll8llt of the Purchal. prioe fo~ an !~~ftt, t~Ue
to .uch !mp$~Dt. or portion tbll1'llOf .niefLe. the 1NIq\l1remente' for
kctIptabll .TLUI (a. hereinaftll' defined).
.1I00Uon 8. payment of Purch... Prio.. Tile D.veloper llIay rillqulat in writi.n9
plY1Il8nt: of I:MI PIIrch... Priol (II h.lreinaltel' d8Ufte4) for an I~_
Ment. lfpoa .aU.e,ouoll of the oo..ditiol1l 1:0 aooeptanQ8 of an Imprbve-
II\lIDt for pw:poee. of paying the l'urcIha.. Prlae a. aet forth herlin,
City .lIeU dat8Z'lll1lll 8ftd par the Purcb..e Prloe for euch Iraprov_nt 111
aooordance witb thia SletLon ..
(a) _nl:: of Purchaee PdcI. '1'he lIIII01.\lIt to be paid by City for the
:t~llte or allr poetlon th8lreof to be acquired f&'CIII D8velClpar
(t:he "P\'Irclwle Pdc.") ae to .ach I\lob Impro_nt: ehall (i) be
cI.terlllined by Oity in .coordan... with the PlrOv1Ilon8 Of thia
letlon I, (11) equal the l..~ of the CIOIt or the value thereOf,
(ili) 111,,1..de t:.h. ......_abl. ocat or v.lu. Qf el1.9l.ble .ppurt.llant
public faoUitl.ee, (Lv) 11lo1\1de the OOlte of toile t1.tl. l.....ra_
polioy described ill 8"",tiol!. 10 (a), and (V) inolude aU ~bl.l'
ooat. of conetruction rea>>onably determined by C1tr to be elig1ble
under the lt13 Act: II . part of tile 00lt of ~I %mpIro_ntl, '\lch
a. f..a and coete incurred in obtatning pa~ite a~ U.~eee" t:he
COltl of oh~. Ordera, and elliinMring and inepeoUolI fe.", 'lU1d
tbe ooet. of 8"ch other 110..8 .. ar. '''C1ifl.call)' referred to Qn
aq~~~-I
08-24-93 04: 12 PM FROM B D H
P05
ExbLbl.t RAR hK.tO/ pZ:OV1dtod, bow.v.r, 1n no 'V'llt 8hllll the
~ or v.1v. of tile %ro......ot. boo ..~ to .xaee<< the contraot
~ 0.. .et fw": .... ~n lIlODtract. Illld chang. ordft's app..oved by
Cl.t]'. .rl.or to COIlIPlatl.Oll of all of the Imp"....'~.llt., CLty sbaU
only b8 raqul.nIlI ~ pay the 1...... of the l'ulfClbae. Prl.o. fo.. an
IlIIp..ov....nt or the amount budg.t.d for .uob Imp..ov_nt .e
de.odbe<1 in IxbUll.t "B". lJpo.n OOlllplet.ion of .u. of the Improve..
mente, any unp81d pozt:ion of the Pu+,oha.. I'rice for .ach IIlIPJ:CmI-
llI.nt .b.ll be paid out of 'lUplu. .4....~.d. in aooordam:re with
.ubHOt1on (d) bel_.
(b) Dcxlument.t.1on. Any paYMnt r.qu.st eubnitted by DttVIllapoor .hall
be properly exeaut.c:l and .hall inolud. aU. .lIpporting d_nt.
...fer....s to in the ,*~nt ..equ..t IlD4 leot!on & &l>CIVtt, including
ev.l.denoe ac:rcept:abl. to the City Attorney of the City (thtl 'City
Attarn.y-) that the De".lap..". oantracto..(.) have provided
u=anditioul lien ...1..... for the :tIlIpnlV.._nt or portion th....af
to b8 acqu!J:oed. :EIl1prc.._llh con.truoted on land to be oonveyed
to . publ.l.o apacy eh.ll not be formally aocepted until the land.
has be.n eo ....n...yec!. If lanCl i. t:a tie convey.d to an agellcy
athe.. than the City, D.....loper .hall provide the City Bngin....
with .vidQC. that the Llllld baa beel\ aaoepted. by the .pplioabl.
publ1c agency.
(0) .aevlew of 'IlYll1l!nt McNe.t. Th. Clty Ingin'.r .b.U ...vLaw eaoh
. payment nIqIleet. If the Clt]' Engineer fillde ~t any suoh PlIY1\111nt
".\lII..t i. inoomplet., improper or otbarwi88 not euitabLe fo..
apP"oval, the City IIngin.... .hall iDIom Developer in writing
withLll IlW8ll1:y (20) wol:J&1ng day. aft_ ..eoeLpt t.hereaf, the ....eon.
for hi. f1.DlUng. DeveLope.. .hall have the r.l.ght to r..pond to
thi.8 finding by eublllUtl.ng furtll.r dooum.nt.ation and/or to
re.ubmit ~.,. pIl)'lll8nt requ.st within thirty (30) daya after receipt
of the 4.niaL. A re.u~mittal ah.ll be d_d . new payment:
requeet for purpo... of th1.. 8eo1:Lon. The CJ.ty IInoi_ .Ilall
......i_ any ....llIlIlI.l.tted pav-nt >:8\lU..t Illld infOZ'lll lleveloper of hi.
approval 01' 48111..1 of Lt I.n accordaDCIe with ~hi. leotion within
te (10) wo..king day. after rec:reLpI: Of the rell\ll:ai..ion. Co.t.
inc:rqrl'ed und... . ClOll.trllotl.oll contract .nt..red into a. a r"IILt of
a oall for publ10 bida and purlUant t.o the requi_nb of till..
Ag>:_nt IIIId pllUUlUlt to ohan;. araar. approved by crity .hall be
deemed to be nuonable. The City Inqin.... _hall .I.IlImecIiat.ly
foZ'WAll'd hb recommend.tion reoa>:d1ng ..oh ")'IlIent requ.at to the
City CaunoU. The City Caunoil .ball take action all the payment
r.qu..t at the n.xt raquLarly lobeduled. City CollllOll 1lI8et.l.I1lf for
which .uch _.t1n9 may b8 tl.lllely ag.ndbed. foLlowing receipt of
the ...ccmmendat1an.
(d) lIuZ'lIl\18 PrclCIMd.. Upon Clampl.tioll of con.truction of all :tmprove-
_nt., the payment of the PQroh.s. 1'..l.c. fo.. all ~__nt. up
to the _nt budgeted far Nch such Imp>:cwement: in. Bxhibl.t "A"
&lid t/18 dat.....l.n.tion by the Cl.ty that the~ &>:'11 exo... proo_.
of the banda in the tmpro._nt J'und ("lIurplu. Pl:uuUd."), !:oil.
CLty .haLL pay to Developer that portion of the Puroha.. Prioe, if
any, fo.. &IIy I~h prevLoualy wlt11belc2 pursuant to Section
8(a) from .uoll aur.lu. I'roaeed..
~~~
.- /,1J
-,
,
08-24-93 04:12 PM FROM B D H
POS
(.) .a,...nt. Th. PIlrchllH Price for 4t&01I Xmp"'OYlIm...t= ..h.U be paid to
Il.....lop.r withLn tllb1:y (30) d.y. aft.r tll. 4at. of the City
CaunoU'. apprOltal of the payment. Z'eqIa.t:, bIIt aot earll.r than
tll1rt,.-:I:1.... (311) day. .ft.", tll. ",.oording of a lIot108 of
COIIpl.tion for ~ Xmpa'ov....nt..
'1'h8 1'lIroh... Prlo. ah.ll Ioe di.tr11ollte4 pur.UlUlt to wr1tten
In.l....uatiC''. exeout.d by .11 perIOD.. ba...ing .a int.Rn 1n t.lle
propert.y, .1 4ilcloa_ by .. Cl\lJ!raat. t1t:.le report. ~Xnter..ted
partie." ahall con.l.t:. cf the D.velop.r, t.he awn.r. of the
property w1t.hin th. A...._at Di.tr1c1: ._ .bmm on the lal1t
e\lual1.ed .....g.nt roll for property taxaa, .. wall.. any
bmHIUaiaria. IIIld.r .ny ex1Bt1ng deeca af tru.t.. No ollh dl.Btr1bll-
1:1011 .hall be made UDtll .11 part1.. h..... ...out..d t:ba approprL.ta
wrlt.tea La.trvotLon..
The eole .aurG8 of PAyment. of the Nrchue Prla. aball be 11mit.e4
t.o fLlnd. dapo.it.d l.n t.h1I Improv....nt 1'Iulct.
IBCTION i. Audit. ~ authorlllad 1'ltPra.entat1"e. of Cit.y .II.U ha.... the right..
"iiiOii'" tea (101 daya pr10r wrieten noUo. to D.....loper IUld dllr1119 normal
bIIdn... hOll...., to revl.., .11 boolu and _rd. of D.....lopoor pert.dnin;
to Qo.te and exp.na.. inourred by I).....lopez' in Qonat~Qt1on Of the
Xmpro........nt..
SBC'l'IOII 10. OWn.ralli'll and 'l'r....fu of XlIIDr_t.. '1'he oon...eyance Of the Improv.-
Ill8IIt. Ily Ilegelopoor to Clty .hall be in .ggO~. w11:h th. fOllOWing
p&'OClecl\lJ:'1l"
(.,
llUol:ov-.n.. Coo8tr\lct.. on Land no~ 0tmIId bY C1.~v or ot:8Y. ... 'tfce"
oOndit.1on to th. of an 10n t pr
.... 0.11.. IUl irrwpocabl. off.r of d.di..at on to
_d. to ClU,y OJ: Clt&y gf the appropriate dght., tl1:1. and Later..t
in and to tile ponion of such Prapal'ty related to IIUOII XlIIpl:o"."
m.n" , Laa1uding ail,. t.8Il\POJ:a&'y aon&eru0lt1on or aGOe.a .al_nt..
0..... lopez', whether OJ: lIot. it. 1.. the ll.....lopoor ..onel:ruat1.ng the
:t~lIt., agr... to ...oute and dell"el: to 01ty t,be doo\llll.nt.
requ hetS to OQlllplet. t.h. t.ranlfu of llDaap\abl. 'Uti. log .uoh
portioll Qf the Property. ~ purpo... of thb Agl:'-t., the tem
"AOoeptal;lle Title" .Ilall mean Utl. to the portion of the proparty
to !at OOIlv.yed fr.. and 01..... Of .u iou.., 11an., enou=ullce.,
.......-nt., .a_emant., l.a..., wh.theJ: any .1I0h item 1. reoarded
OJ: IIn_rdad, except tho.. lIOII-lIIOnetary .nc\lmbranr:.. and ...._
m.nt_ whioh llrII r.llonu.ly determln.d by City 1I0t t.o 1nterfere
with tll. ille.nded u.e of the portioll of t.be property. A. a
furth.r oOndition to the p.yIIlellt. of the l'urollal. Pr1.Q8 for an
IlIIprovement, D.....lopeJ: .10 1.10. .01. oo.t IIIId ."panae, .ubj...t to
J:.!mb..re-" pura_ to 'ect-ton. IS, .hall Call.. to be i..llad a
poli.... of tit.l. i..llraIlO& to>: .1I0h portion at the property ill an
_nt nat to '''01_ the hroha.. pr1ae and ill t.b. fon nOrmally
>:equbed by Clity La connectioll with the dedioation of land fOJ:
.WMS1"ieiOll 1mpr~t., Clty's fillal acceptano. of toll. ponion
of toll. pcoparty .nd till Xmpr..-nta oon."ruct.d th.J:eon .hall not
be uar...onable withheld 01: delayd.
~.JJ~~ -//
08-24-93 04:12 PM FROM B D H
PO?
(~) I.D#OV...D~. Can.truc~.d an Land OW~.d bv Ci~y O~ ~.Y. It
D.v.lope... 111 ..."hoI."1U4 by CUy to .......t.....o1l an :rmp~,,_Qt on
land QWntIlI in f_ Ily City 01' at.y, .. .nropc1at., 01' on land 0\'81'
which 01ty own. IIJI ...ament, Dev.lopel." IIIh.ll o!>t.1n the neo.......y
enol."o.chm.nt p.rmit. to .nt.... ...oil 1.ne! fo1' pU"'PO... of
Qon.t.....ot10n .uoh %mpl."o"."'lIInt. CU:y .h.ll coop.....t. w1th
D.".lope... in 1....1119 ..."h .D01'O.O~ ~t... ImpJ:Ovtllll8flt..
.hell be 111.peoead by Oity on .n ongoing bui..
SIIC'l'IOII 11. ,..l>4i,,1.ioll 1-10 IIond.. A .ubd1vi.ion iIDpI:o_ 0... _.....ity
bond may b. raq\l.l.rac! by O.l.ty to ......w the OOIIIpletion of the Impl:Ova-
...nU/ the oOl\lItWCJtion of whLoh &1.". a oonllLtion preced.nt to ...80o...lIa-
t.l.on of a f.l.nal .ub4.1.,,1..l.on or Pl1'".l map 1lnle8. (11 suoh Ill\PJ."O"ementa
0011.1:110..10. a pozot.l.on of the J."aq\I11'ed .l1bd1v18i.C1n ill~1'~t., (2) bond
pl:O"eed. to OOftetJ."uet 01' 8ClqI>11'. ...ch Imp1'~,*. u. a"ailable p....l.o...
to ....oordation of the 11nal 8ubdiv.l...l.on 01' puo81 _p, and (31 the
IlIIp1'O"_.n,,. U'1t to be cout.....atlld .nt.l.....1y with tlte PJ."Gc..d. of the
bond.. If an Improvement 18 to be conat1'uatIIC1 01' ao~1J."11C1 only in part
w1tb the proc..II. of the !lond., 8ubdivi810n i1IIprov_tt bond. 01'
.80uI."1ty bond. .hall not be 1'.'iIU,l.1'.d fo1' t:hat portLoA of tohe IlIIp1'o.,.-
Ill.nt. t.o b. .0 Qonet&'UCt.8d 01' aoqu1J."llC1 "'tlllpt w.l.th.....peoi;. to the
portion that w111 not he ao~iJ."llC1 ..., Clonet...uot10n w!.th bond praoeeda.
City w111 goopezat:. w!.tll Dev.l~... .l.n the t_1nat1an 01' eaon.n.elOR of
.ny .ubd.l.v1a1on i1IIp"'y."'-llt bond. 0... aeoIl1'.l.tr bond. ...u"'1n; 00llll1etion
of %mp...ovemellt. fo... wh.l.oh bond. na..... be.n .01d,
8lICTXOII 12. Ind.llnU.l.oatlon by DeveloDe.... lleTelop81' IIb.U datene!, 1IIdemnifr .nd
hold h.ntl... O1ty, .l.t. Offlca...., dLJ.'80tor., employ... and agent.., f1'Olll
.Dd ag.Ln8t. all ol..I.m. by ......on of, 01: Aault.ill; f...01II, 01' &1'iaLn; ....t.
of th. d..l;n, .1I91n.Ring anll oOn.t....llQtLon of t.he Impl:O'''I,an'.,
p1'Ovided that. &I'1y ola.l.lll. "hieh relate to the IIllp~nto. .llaU be
11I11.1.t.8d to eho.. ubill9 ollt of PElIOnal 1n:lllJ:y 01: P1'OptJ.'tr damage
wll.l.ch oooll...r.d du....l.n'1 the pe...lod p...iolE' to tlte .o~aptanolll Of the
I.o_nta 1lr O1ty/ whath.1' OJ.' lIot a llla1m .I.. fUed prLor to the data
of &ooept&l'1o. of the I~y._.t.. llotld.llg.l.11 th18 8ec:It.l.on 12 .h.ll
111111t In allY ..ann.r O.l.ty'. 1'LghU aga.i.nR any of \/I. a1:0hlte01:',
.1I9.1.n..., oontre.cto.... OlE' other aonaultant. 8IIlPloyed by tile D.veloper
which Ilea CIOlUIt.=ctecl 0... oontdbUtlld I1n.no.l.1\9 t_ud. th. cooat1'lIctlon
of the I~...._llt..
1~0.pt. .. .et forth in thl. .8""10n 12, no prO'lLelon Of thl. l\V%'e_ot
8llaU in any "8r linlit. the eat.nt of the .....pona1b1l1ty of Dev.lopel.'
fo... Plyment of daIllaoa. .....1I1ting fr01ll the ope....tJ,on. of th. De....lope1',
.l.t. a;.nt., employeea 0... ooot....oto..... Ilothln; in thl. 111010.1.011 12 .h.l1
b. unde1'BtOocl 0... con.t.....e<< to ...an that D_lope... .gJ:t1118 to incl8lllll.l.fr
Clty or it. office...., dL"'lIOtOl:'., employee. or agent. fo... any neglLq.ot
or w...ongful .010. or 0.,1e.lon. tel act by Clty 0... it. offic.....,
d.l.J.'.oto...., employee. 0... agent.. .
SBC'.I'IOIl 13. Obl1o.t.l.on of 01ey. IlIc.Ljl~.. provld.d llewin, the CUr naB no l11Val
01: finanoia1 0I>1.1.'1ation to OOI\.1:rU01: or fLnaac. the aon.truotion of th.
I~t.. All colt. !na\lUltd tor ClOl\It.....at:Lon of t.ne _"'0_.,
.l.fIC!1uding all Ln01dent.a1a th.r.t.o, .nall be bol'rled by D.v.10pe....
.6.
daJl Uc9~~
- /.,2
08-24-93 04:12 PM FROM B D H
P08
'JCTIO. 14. !.l1ur. bY 1ltlV.10llltr to COnKruot ~nt.. At. any t1llle tll.t the
woz:k 1. not: ~..aing ,w!.~1rI . ..e..Onllble 1:1_ UJlllt .. det.erm1mKl by
tllll oity Bngln_, this eontnot ..an be temlnate4 by t..n (10) d.Y.
writ.t..n notio.. Upon term1n.t.ion, ~e Clty Il1ay th.n proceed to adver-
ti.. and bid tile balance of the IllIprov_te, and there will be 110
turthe.. obli9at.i,on too: pa~ due pu......nt. to 1:111. JIg_nt.
SBCTIOII 15. Acr..-nt COnt.il\nnt. tIIi. "in..nt ia oontl.ngem; upon the "onfi~
tion of ....._t.. and .uco...tul ..le of ~., and it all.ll be null
.1\4 vo1d if Hid bQn4. are not 1I01d within e three (3) ye.r pttriod
fOU_Ln9 tlW date ot t1l1. A;re.aent, or ~ llIUt.ually agreed ez1:eneion/
hc>_ve.., till. t.ilMo ..an b. ...tended by requ..t of the Develeptt'" am!
oonou#ceno. of t.lle lew1alative body.
Th. C!.l:y Illay, at. 1te optign, .u_pand the performange of 110. obl1gation.
und.r t:llb A9r.llIll.nt: if, during the 30-day Itatute of 1:lJait.t.10n.
parled foUowing 1:11. forma1:ion of t.he A...._n1: D1Kdcrt, any leqal
ohaUenge i. filed relating to the nUdity 0,," .nfOftlMbiUty .,f tllb
A;1o'_nt or the AII__t Di.t..1<* pl'OClHdlng.. '1'h. obUIlat10na of
t.he City hereunde.. ell.ll b. 1o'.1II.tat84 upon t.h. .ntlo'Y ot . fl.nal
judgment 1n any such proceedini. upholdift9 the validity and enfo..oeabi-
lity ot tll. aqr-.ment and the .......ent Di.t..ict proc..ding.. In tlW
.v.nt th.t a final jUd9lll.nt. h ente..ed 1nvaUdat.1IIg or dllCl&1o'1ng
unenf=oe&ble thia A9re_t 0.. t.he "...._t D1.t..1gt proceeding.,
1:h. CUy ..ay, .t 1t. Opt1on, te=il1at. this IIOAlllllllnt.
SBCTION 1I!i. Notio. of .........n1:.. Dev.lop... h.reby .910'81' to provide writ1:en
cotio. to any potellUal pw:oha..... of lot, in a form aaU'factcn'y 1:0
City .Q advhln9' the pQtenU.l own... at the fao1: ot the propo.ed 010'
oonUl.'lIle4 AII..._n1: 1)11tl'1ot, w1th lAid clOOWlleJlt baiDll _.outed by the
potential _. Buell no1:ige .hall be pJ:'OYided to the pot.n1:1al own.r
a .....on.bl. 1:.i... b.foo:w the pot.nt.ial 0_10' b.o_. oont..aot~ally
ClCllllllitted to pw::oha.e the lot .0 1:ha1: the poj:'llUel own.r _y knowingly
oondder the imp.c1: of the .........nt. 1n tll. C1ec1aion to ,""roh... 1:htI
lot. A oopy of .11 lueh notic.. RXebuted by aotu.l puzah...... .hall be
..nt to 1:h. C1t1"
SJlCTIOfl 17. ~'lat1on",hi" to ".1:11:1.12 WClrll:l. fhh Agre_t il f= the oonn..uol:.Lon
a1\4 .oqui.itlon of oerta1.n Improvlllll8J\t;. by Ci1:y .flil-' tl18 eaLe ot the
bond'e to.. the payment. ot C!ona1:Z'uot1on and' ."quL. :1.on C!ol1:a tor auch
IIllp..o_n1:. IUld lOUch other _unt. ae .... h.Io" ~ov1C1.d', and' 1. nol:
1n1:endlld to be . pub1:l." worM oontlo'lICt. In PI! formJ.n9 Lt.a obUII.Uon.
ulldar this Agr_n1:, D....Lope.. b IUl i ent ClOIlt:raotor and not
the allellt of Oity. 01ty .halL he". no.... n.1bility for paymen1: to
any COftt.....to.. or euppUer c>t DeveLoper. J lIotwith.tendlng 1:h. fo...~
going, I).velepttlo' .h"ll be .ubj.ot: to oe:rt.dn pubUg con1:raQt. requ1..e-
lIellt. .. plo'ovid.d in S.g1:10n 10010 Of thl Ca1:l.forllLa 81:r..t. and
Highway. COde and ....tLon 4 ot thia Agr_dII1t.
BIlC'l'IOX 18. sale of Iond.. If and wh.n t.he "".""111: Di.1:ric1: b _\.\CO...fuUy
fo:rmed, .oqu1..I.1:Lon of t.h. 1ll1]jlrOvem.nt.. olo'da:red .nd a...._nt.
gonfbm.d, tll. Clty .h.ll 'prcx:..d with the ie.~ano. and .aLe of
1mp..ov....nt bond. to ~"nt unpa1d' ....._nt. wi1:h1n the Ae.......n1:
7
~~~~-/3
08-24-93 04:12 PM FROM B D H
PD9
Dill1:..iClt (the"Ilond.") to be iUlled pursuant ~o the "~_a~ Bond
I\G1: of 191.5", being Division lOot the II_U and lliVhway. Clod. of the
.tat. of c:a1i:tornia (the "1915 AClt"). 'I'he Fooead. 0' the lond. .hall
be use4 to (i) tund a nuns rUM for t:he payment of p:1n01pal and
int.....t ...ith ....paot 100 the IIonds/ (11) tund oapitalh.d int.....t on
the lond. in an a_Ill: nM to _"IUd the _nl: previde4 f.... Ln the
I'inal lagineer'. ..,.,rt fol' the b"._A1: D1e1:dct:, (iiil pay for
oo.t. of i..uano. or tile lond. inol",dinv, wit:hout limitat:Lon,
undll&'Writ.r's 4i.count, bond 0........1 f...,. printing, and pay in; ag_
r.e., (V) pay ror the COR. ot formiag "lie A.....lllant Iliet:dct; and (v)
the .cqui..I.t.l.on of thot %lII.....'",_..t. pqrau.nt to the provi.lon. of tllJ.e
Agr_t:.
The timing Of the i.....ao. and ..1. of the IIOnd., the t:.ermtl and
CODditlons upon wbich the Bond. shall be ie.ued and 101d, t:.lle ~hod of
.al. of tlHl IOnda and th. priciAg' of tJ>e Il?ndl .hall be d.I:._iD.d
.ol.ly by 1:11. City. Th. .al. of the Bond. .hall be lub:l.eI: to ...oeipt
by the Clity of a publiCI I>id or bond purch... a9r_nt wbioh 18 aoo.pt-
able to tile Clity.
Rot...UIl.tanding tbe forego1ng, tb. appreg.te pdn"ipal _ of the
IIond. Ihall not IIXclllld one-tJIi.rd (1/3) of the value of 1:lIe property
...ith.l.a the a..a._nt D1ltt..lc1: .ubj...t to ......lIIeat a. dll1:.",ined by
an ind.pend.nt apprahal undertalc.n fo.. 1:11. Oi1:y utilizing the
appraia.l a..WI1Ption. approvtJd by tb. Cl.l.ty.
IICTIOIl 19. OClnfl1g1: witb other "Or......Dt.. Ilothin, ooE.ined ll....ln ahall b.
gonet..uetad .. nle"in9 tlevelopar f....... any oOAdition of d.v.1ClpmeJ\t: 0"
reQld..._t ".(~"'d by MJ' other II9r_Dt wi1:ll City. Zn thot ....121: Of
a conflicting provilion, euoh MI>.I' a,.._nt _ball pa:ev.U ..nle.. Bueh
Clonflicting prowi_ion i_ apeoiflc.lly waived or modified in ~itin!l by
City.
SJIO'rIOB 20. Gene"al Standard CI' MalOnablene.,. Any prowl_icm of tllJ.e Agr.....zt
Which req1ll.l'11 tbe c_ut, approval, 4i1Cl...tiaa. or ICClapt:anae of any
party llerno or any of th.i.J: ....pectlve waployee., O'UCl.... OJ: avant.
ehall Ia de-.f to reQuire tllat lUeh conaent, approval or acceptanoe
not be uDJ:e.aonably withheld or d.l.yed, unl... euoh provi.ion
e.p"...ly 1ncorporate. a diff.r.nt .tandard.
IIICTIClN 21. anti... Agreem.nt I Aalendmeqt. '1'hi. ~r..llent ClontaiD. all of the
a,re...nt_ of the part i.. hueto with Rapegt to the ..tare oClnt.ined
h....1n and nCl priO&' or ClOntelllpol:an8CIU. a9r._= OJ:' unde...tand1n9, oral
or written, pu:t:aining to any .uoh ...atl:er. .hall be e".ctive for any
P\\l:po... No provieiCln of tl>h Ag......ent My be modl.Ued, "dv.r,
_Dded or added t.o _oept by a wd.1:1nlJ signed by t.1Ie pa&'tY ag.inBt
wb1ch the .Dfor"....nt of. B\\oh .....<1.1.f1...tion, ....1......, _DdlUnt: ..r
addition 11 .... IIlaY be Bought,
'J:O'1'IOB Z2. Rotioe.. Any notic., paJ'l'G8nt:. or 1natrullllftl: requ1!:.d Or permi tt.d by
thLe AglO'e_nt to be 9i..- or d.ll.vered to .ither party .lIall be deemed
to have be.n _iv.d when pez:-aonally del1vered 0" _Dty-t"" (72)
hcql" following de.po.1t of the .~ in .ny United stat.. .o.t Offioe in
Clal.l.folO'ni., re9h~.red 010 oel'1lif.l.ed, poIIt:age prepaid, addll'...ed ..
foll_1I
. . ~
i2P~ J/;y~~ -Ii
08-24-93 04:12 PM FROM B D H
PIO
D.v.loper,
C11ty.
276 l!'ourt:h A_nue
Cbula Vl.ta, CA 91910
Attn. Clty JlaDagu
....h puty ~ 011&119. It. add9.a for d.ll.uy of not.1oe by d.l1ve~1ng
wrltt.n not:lo. of .oob ohange of .d....... to the otber paRY.
1I11C'rIOII 23. S._AbUUy. If any pl'OVlalon of thia Iog..-nt ia held to be illegal
or uneJlforoeahl. by a oourt of Oompet.nt ju:r:l.dlotlon, tile ~Lnd.r of
thb Agre_t .haU Joe g.t.~1l .ffect to the tuU.at ext:.nt r.a.onably
......ibl..
nCrION 24. $uooe..-. alld ABaLon.. nl. Iogr_t .hall tie binding up:tn and .l.llure
to the __""t of the .uoer...or. and ....t.pa of tM put.l... hereto.
D.....loper may not. a...l.;n it. dght. or otIligat.l.on. henund.r eKc.
upon Wl:ltt.n not1c. to 01ty w1t1Un tllll (:1.0) dar- of the date of .\10h
....l.9nment indlo.t1n9 th. naDa and add",e.. of the a..lgn... Upon each
notlOt1 and tbIt a..UIIlPtl011 by the a..lg_ of the ltl;1\11., 4u1:1.. and
obUllation. of the Deyeloper arl.iD9 ....dU or f~ thb Agl:-.at,
lleveloper abaU " ol....d by City from all futu" duU.. Or ob1.l.9a.
tlon. rla1nll ullder or from thll A;r.e...nt. Notw1th.tan,Unll th.
pr.o.dbg a.tano., DtlVelClpH' may ...19ft .l.t. dghte .nd obl1;at10n.
hereunder a. .eaurlty to l.~r. for th. pqrpo.. of obt81ning loan. to
finanoe d.....lopm.nt wlth111 tile A.......nt Diet:ti,ot, bllt no .uClII
...igllllllnt .heU r.l.... Ilevelopar fr.... .l.t. obligaUon. beraunde~ to
C1ty.
SlICl'l'IOIf 25. Gcmu:'ninll Law. n.l.a llgr_t and any d.l.apqte uiaing b.~aulld.r .ban
be go'V&rn.d by and lntqopret:lId ln aooordaQge w1tb the 1_ of the It8te
ot Cal1fornia. Acklitlonally, th~. Aqr_nt and th. conai::ruot.l.on of
the 1I11P1'OVCllllRtl. eball n lNhjAClt to all C1ty ordlrlallCl.. alld regula-
tion. r.1IItln9 to the ....qu.t.r.lll.nt of ~t aqrHmlH\t., land
di...i.'\'on, .l.mp...o....m.nt .ell=ity Or oth." a1'pliCl8b1. d.v.lopm.nt
"~1r_nte.
I.CTtOlt 26. w.iver. "aUure by . party to ind.t upon the etriot perfomance of
any of the FovLalon. of tlli. Agr__t by anr oth.r party, Or the
f.ilur. by a par1::y to _arohe it. r19'bt. ......er th. def.ult of any
other party, .hall not oon.utut.. . walvec of 8ugh party' a right: to
in..I.8t end ~.nd etriot cOIIIpl1ano. by any other party with tlHt t.rm.
of tlli. Agreement tb.r.after.
llIO'1'IOII 21. linoula!: and PI...,al; Gander. All Ilaed 1I.....1n, tile .1ngulU at any work
1110lud.. the plu"al, and t.J:llIII in bh. lIIa.cuUn. lIender .hall includ.
the fem1n1ne.
8B<:'1'IOII 28. gount.roan.. '1'h1. ....."11 'Uy n _ute4 in oount:.rparU, .aeh of
WII.\.ch .hall be ~cl an od9ina1.
9
U4~~~
-JS-
. 08-24-93 04: 12 PM FROM B D H
P 11
.1I~CU'1'IID by alld ~_n tile partie. hereto en the da,. and real' firR he".inabC'fll
writ.t.en.
'CI~'
Cl%~ 01' aULA VISTA
HarOJl
CJ:~ 01' CRVLA VIlTA
arAB 01' ClI\LII'OIUUA
A'1"1'18'1'.
CITY CLlIJUt
CI'I'Y or CJl1JLA VIftA
8'rATlI or CAtl'OllltXl\
.~.
By.
DAVID D. Olllll'fA'f
Dyl
CII1ttl'1'ID L. OIU)1rAt
Ilyl
TRAVII 11.. RlIlBAU
Ilyl
IIUOIUIH L. RlDAII
D.G.I'. I'AIUr.r LDI'J'II) 'M'nlIIUIRU,
a California limited partaerlhLp
By,
BYI
. 10
~~~~/b
~ I
AGREEMENT AND ASSIGNHBNT
THIS AGREEMENT AND ASSIGNMENT is by and between CHULA VISTA AUTO PARK, INC.
("Assignor"), the CITY OF CHULA VISTA ("Assignee") and OTAY WATER DISTRICT
("District ") .
WHEREAS, Assignee has initiated proceedings pursuant to the "Municipal Improvement
Act of 1913", being Division 12 of the Streets and Mighways Code of the state of
California, for financing the acquisition and/or construction of certain public
improv.m.nts, including wat.r faciliti.s, in an a.....m.nt di.trict known and d..ig-
nated as ASSESSMENT DISTRICT NO. 92-2 (AUTO PARK) (hereinafter referred to as the
"ASsessment District"); and,
WHEREAS, Assignor and Assignee have entered into an ACquisition/Financing Agreement
("Acquisition/Financing Agreement") approved by the legislative body of Assignee,
whereby Assignor has agreed to construct or install certain public improvements,
including water facilities in the Assessment District and Assignee has agreed to
reimburse Assignor for the costs of such water facilities pursuant to the terms and
conditions of the Acquisition/Financing Agreement from the proceeds of bonds issued
pursuant to the "Improvement Bond Act of 1915"; and,
WHEREAS, Section 10110 of the Streets and Highways Code of the State of California
specifically provides that before the ordering of any work and/or acquisition where
facilities or improvements will be owned, managed or controlled by any other public
ag.ncy or utility, the legislative body of A.sign.e shall .nt.r into an agre.ment
with said public agency or utility which will have the ownership, management and
control for said facilities; and,
WHEREAS, the parties hereto enter into this Agreement for acquisition of the water
facilities, their conveyance and provisions regarding any applicable refundings
pursuant to the provisions of Section 10110 of the Streets and Highways Code of the
State of california.
NOW, THEREFORE, it is hereby mutually agreed between the parties as follows:
SECTION 1. Except as provided in Section 2 hereinbelow, the undersigned does agree
and assign to Assignee, all of the undersigned'S obligations, rights,
title and interest in and to that certain Agreement for Construction of
a Water System dated May 12, 1993, by and between the District and the
Assignor (the "Contract"). a copy of which is attached as Exhibit "A"
hereto and incorporated herein by this reference.
SECTION 2. Assignor shall, following the effective date of this Assignment, retain
all duties, liabilities and obligations' as' set forth in the Contract.
Assignor shall al~o retain any and all right to any refunds or payments
from District as provided for under the terms and conditions of the
contract.
Assignee'S acceptance of this assignment is contingent upon the success-
ful formation of the Assessment District, and this Agreement and Assign-
ment shall become effective after proceedings have been taken and funds
are available as necessary to carry out the terms thereof, and this
Agreement and Assignment has been entered into before the ordering by
Assignee of the work and/or acquisition for this Assessment District.
,
~~6~ ~J7
SECTION 3. Assignor and Assignee agree that Assignor' s right to the reimbursement
for the costs of construction and installation of the water facilities
subject to this Agreement and Assignment shall be governed by the terms
and conditions of the ACquisition/Financing Agreement and that District
shall have no liability whatsoever to reimburse Assignor for such costs
except as may be provided in the Contract.
SECTION 4. The parties hereto agree that upon completion of the installation of the
facilities, District will own, operate and maintain said improvement
facilities, and will continue to provide service to the property owners
within the boundaries of the Assessment District in accordance with all
valid laws, regulations and ordinances in force. Said facilities shall
become part of the system of District and shall thereafter be used,
operated and maintained as part of said system.
DATED: CHULA VISTA AUTO PARK, INC.
ItASSIGNOR"
By:
Title:
The undersigned, the Assignee above referred to, hereby accepts this Assignment
subject to all its terms and conditions.
DATED:
CITY OF CHULA VISTA
"ASSIGNEE"
By:
Title:
We consent to the foregoing Assignment, without such consent being a novation.
DATED:
OTAY WATER DISTRICT
"DISTRICT"
By:
Title:
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Post.ll~ brand fax transmillal memo 76n I,., ""g" . .s
To w...~ OIYc;>'/ hem
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CQ.~y.ol'N,,:>(V~ i Co. '.NO,I-.r<:!;>
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Dept, Phon. f Z.'71tO ..,.., "-
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W.O. #1iJ81/3717
I.D. #10
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.AGREEMENT FOR CONSTRUcnON'
OP A WATER SYSTEM ., : '
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THIS AGREEMENT dated (his 12th day olMay, 1993, betweenlhe O'X'A Y WATER.
DISTRICT, hereinafter called 'DISTRlCT", aDd Chula Vl$ta Aulo Park. Inc.. a California
COrp<lratioQ.76O Broadway, Chula Vista, CA 91910, hereUur.ner called "DEVELOPER", i$ made
ill view of the followiag facts aud for the followiai purpoSC$'
(a) DEVELOPER is about to file with the City of Chula VISta, Callfomia, a
developmellt lIlap for Chula Vista Auto Park covering property lying within the bounclaries of
DISTlUct, in complian.ce with ordiJlanccs of the City of Chula Vista, hereinafter called
"DEVELOPMENT".
(b) PlallS and specificaliollS for the C:OllSlructioll of the water syslem for said
DEVELOPMENT, hereill referred to ss "FACILITIES", have beeu prepared and have heeD
approved by the DISTlUct. Said plans and speQficatiollS wera prepared by Nolte'" Associates,
5473 Keamy Villa Road, Suile 300, San Diego, CA 92123 aud are ideutified ss Chula Vista Auto
Park aud by this reference are incorporated herem.
(c) DISTRICT has GO preseDI commitulaut or obligatioll to provide water service to said
DEVELOPMENT.
IT IS, piEREFORE, AGREED:
L INSTALI.:.ATION OF FACrL!TIE.~
lu CQlISideration of the approval by DISTRIct of the plazls aud SpceiflCatiOIlS for said
DEVELOPMENT, knowu as Chula Vista AutO Park and In coD$ideration of DISTlUcrS
agreement to accept, operate anI! maiatain the proposed FACn.n'IES under the tel1D$ aad
conditions hereill COQtained, DEVELOPER asrees to do aad perform, or <:a11$C to be doae alId
perfonued, at hi$ cxpell$e aud without cost or liability to DISTRICT, all of the work aud
improvements required for COll$tructiou of all of the FACILITIES to serve said
DEVELOPMENT. Said work shall be dODe and performed in a good and worlcma.nlika mauner
to the satisfaction of DIST.RICl"S Engiueer, all ill stric:t c:oufonoity and ill accordance with the
aforementioued plallS aad SpecificatiOIlS and DlS1'R1crS Standard SpecificatiOIlS for Water alId
SCWl:r Constructiou, which are ou file at the DISTRICT offices. Except as specified au the plans,
DEVELOPER shalll'urni$h aU nacessary labor, equipmCllt and matcrials required for said work
aud will pay aud discharge aU bills aud claims arising out of the pcrformauee of said work.
2. TERMINAL STORAGE FEE.<;
DISTRIcrS current capacity fee is inadequate to provide tcrmillal storage DCeessary
for this projeeL DISTRICT iIItend$ to iIIcrcase tcrmioal storage fees within the next year, and
rather than delay this projec:t, DEVELOPER agrees to pay the iIIcrcascd &mOW1t at such time as
the fee iIIcresse becomes effective.
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3. ESTIMATED COST
The estimated cost of said work ud improvemenu is the sum of $128.000.
DEVELOPER agrees that DEVELOPER'S obligation tlllder this agreement extends to the
completion of the improvements as hereinbefore set forth which obligation is not limited by the
amotlllt of the cost estimate. DEVELOPER f1Irther agrees that the cost estimate is an estimate
only, and it is lIot intended to constitute liquidated damages or a limitation on the obligation of
DEVELOPER.
4. COMPl.ETlON DATE
DEVELOPER agrees that all of the work covered by this agreemellt shall be
completed on or before 730 days from the date of lh.is agreement. In the evellt it is deemed
necessary to extend the lime of completion of the work Ullder this agreement, said exteIl$iOll may
be granted by DISTRICT and the extellsion sha1I not affect the validity of this agreement or
release the surety or sureties on my bond or other financial arrangemellts given for the faithtu1
performance of lh.is agreement.
S. DISTRICT INSPEcnON
DISTRICT shall be allowed to inspect the FACn.rrlES during all stages of the
construction. DISTRICT shall be notiJied a minimum of forty.eight (48) hours prior to the
commencemellt of coll.Struction.
6. DEVELOPER DEPOSIT
DEVELOPER agrees to pay DISTRICT all costs incurred by DISTRICT ill
connection with the work, including p1aa chcckin& iDspection, materials furnished, repairs, or
replacement of my defective work, Il1d all other expenses of DISTRICT ilirectly attnbutable to
the work, plus a reasonable amoUDt for DISTRICl'S overhead costs in colll1CCtion therewith.
DEVELOPER. shall deposit with DISTRICT, concurrently with the Cl<.eCution of this agreement,
the sum of $9.000. wbich is the estimated amount of OLSTIUCT'S expenses. Should the expenses
incurred by DISTRICT ~ceed said deposit, DEVELOPER. sha!I pay the _OUllt of such excess
to DISTRICT on demand. Should DISTRICl'S expenses be less than the amoUllt deposited,
DISTRICT shall refund the difference to DEVELOPER. UpOll expiration of a 3S day lien period
following acccplll1cc of the work by DISTRlCT. The refund of the cash deposit shall be made
after DISTRICT has determiDcd that all liens, claims or stop notices have been satisfied or
released.
7. ROCK EXCAVATION
The estimated cost for DISTRICT work, if any, on this project is for llOnJlal
excavation and does not iw;1ude ClCClIvation rock areas. Costs ineurred by the DISTRICT in
excavation of rock wbich could Qot be ripped by DISTRJCl'S heavy equipmenl, and for which
blasting is required, shall be an eJCtra charge on a time and material basis.
2 ,
124~ Jf:y~~
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POZ
FROM 619-278-4628
06-02-93 01,08 PM
i. wl;.Ll )0t.. I)";. ' 'J.:l 111 ~ 1
I
PRGE J
NO.7
8. DEVELOPER I;ECURrrY
., (a) At.the time this agreement is slIbmitted to DrSTRICI' for approval,
DEVELOPER shall reqllire thai il$ Contractor, as a condilion of their conltact, me with the
DlSTRICI' ,[he following seellrity:
1) A good and sllfficlenl bond, jp an amowt! not leu than 100% of the
estimated cost of the work and improvemeDlS, to SCCllrO the faithful
performance of the tcnns lUld conditions of this lIgl'eement; and
2) If the estimated cost oflhe facilities is in excess of $15,000, a good
and sufficient bond, In an amOWlt1l0tless than 50% oC the estimated
cost of said work and improvemelll$ to secllte the COllltactor, his
$\lbcontractors and to persOIlS rentiag eqwpment or flIrnishI.Dg labor
or materials to them for the improvement, which shal1 contain the
provisions set forth jp Section 3248 of the Calilornia Civil Code and
shall inllte to the parties referred to therein.
The fonn of the bonds shall be as specified by the DISTRlCl'. Sh01.lld the sllteties on any bOnd
beeo",e insllfficlent, DEVF-LOPER agrees to renew said bond or bonds with good and sllffident
s\lteties, wilhin 10 days after rcccivin& notice that said sureties are insllflicienl.
In lieu of filing the bonds as provided above, DEVELOPER lUay
flIrnish other secwity such as: cash deposits, irrevocable letters oC credit or other security
acceptable to the DISTRlCT. Such security shall be in the WIle amou.nts and for the same
purposes as the bonds specif1cd above and in a form satW'actory to the DISTRICT.
(b) As provided elsewhere i.u this agreement the DEVELOPER'S otIC-year glIAtlllltee
period for the repair or replacement of defective work shall begin lIpon acceptance of the work by
DISTRICT. DEVELOPER shall provide a good lIIId sufficient bond, or other form of security
acceptable to the DISTRICT, in an amollnt not less than 25% of the estimated cost of the work
and i1nprovements, to assllCe faithful performance of the guarantee during the one-year period.
9. DEVELOPER HOLD HARMLESS
DEVELOPER hereby agrees to hold tho DISTRICI', its ereetive IU1d appointive
boards, officers, agents, aod employees, humless from any liability for damage for personal
injury, inelllding death, ~ well 8$ from any claims for property dansage which may arise froJ1f
operation of DEVELOPER or DEVELOPER'S contractors, subcontractors, agents, or
employees UJ1der this agreement, whelher such operations be by DEVELOPER or by any of
DEVELOPER'S contractors or slIb-contractors, or by ono or more perSODS directly or indirectly
employed by, or acting as agent for DEVELOPJ;:R or any oC DEVELOPER'S contractors or
subcontractors. DEVELOPER agrees to deCend DISTRICI' and. its elective and. appointive
boards, OfrlCCtS, agents a.od employees from any swts or acuoos at law or in eqwty for damages
CAlISed, or alleged to have been ea.lISCd by reason of any of the aforesaid operatioDS; provided
that:
(a) DISTRICT does not waive any rights against DEVELOPER, which It may have
by rcuon of the aforesaid hold-harmless agreement, becallSc of any acceptance of work by
DISTRICT; and
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.. ... . (b) The aforesaid hold. harmless agreemenl by DEVELOPER shaD apply 10 all
damagt\$ and claims for damalles of every kind suffered, or alleged to have been suffered, by
reason of any of the afort\$aid operations referTed to in this paragraph, regardless of whether or
not D1STRJCl' has prepared, supplied or approved plans aIld/or specifications Cor the
DEVELOPMENT.
10. Ct;lANGE.<; OF WORK
It is agreed that conditions 1I0W lUlforesecn may require modificatioDs of the pJaAS
alId specifications hc:retofore approved by DISTRICT. In such event the DEVELOPER shall
obtain DISTRICT approval of suc.h chanlles. No worle shaD be commenced on any change
requested by DEVE1.0PER UIItil such chllDSC has been approved by DISTRICT. Approved
change.s in plans shall be ent9"d upon the orisinaltracing of the plaas by DEVELOPER and
DISTRICT approval of said clwlgcs in plllllll shall be endorsed upon said tracing by DISTRICTS
Engineer. '
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11. DEVELOPER DRAWINGS
Upon completion of aD work 10 the satisfaction of DISTRICTS Engineer,
DEVELOPER shall deliver to DISTRICT olle complete set of duplicale tracings IOgether with
twO (2) prints oC the plans Cor tho project dlowinll thereoll 'At; Built' conditions. Delivery of said
tracings and prints shall be all addition prerequisite Cor finalllCt:Cptance of the work by
DISTRICf.
12 RESPON<;mILITY FOR FACI1..lTIES
Until such time as. the FACILITIES shall have heell compleled and accepled by
DISTRICf, DEVE.LOPER shall be re.spoDSible Cor the care, maintenance of, alId UJ3 damaae 10
the FAcn.mES covered by this agreewCIlL
'13. EASEMENTS FOR FACIl.ITIF..s
Prior to final acceptance of the FACILITIES by the DISTRICT. DEVELOPER shal1
convey to the DISTRICT easements covering the property in which the FACILITIES are 10000ed
in all instances where the FACILITIES are nOlloeated in a dedicated street. The legal
descriptions of the easefllents, and the title conveyed must be approved by the DISTRICT. The
standard easement pr~ing fee and the costs of a policy of title insurance insuring title to the
casement in the DISTRICf shall be paid by the DEVELOPER.
14. DISTRICT SERVICF.5
Until such time as the work covered by this agreement has been finally accepted by
DISTRICT and title thereto, together with all necessary ca.scmel1IS and right-of.way, has been
transCerred to DISTRICT, DISTRICT shall be under no obligation 10 furnish wa[CJ' or sc;wer
service to any portiol1 of the land localed withiu the DEVELOPMENT. No part of the
DEVF~OPMENT maybe occupied until after the DISTRICf has made r~ aCCep[llDU of the
FACILITIES.
15. DISTRICT ACCEPTANCE OF WORK
The acceptance of the work on behalf of the DISTRICT shaII be made by the Board
of Directors of DISTRICT upon rccommendatiol1 of DISTRICTS General Manajler. Such
acceptance shall 110 consu[ute a waiver by DISTRICT of any defects in the work.
M~~~-02;L
P04
FROM 619-278-4628
06-02-93 01,06 PM
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16. OUARAN'l'Y OF WORK
. ,DEVELOPER guarantees all worle covered by Ibis agreement for a period of one
year from aCceptance of the work and DEVELOPER sbaIl repair or replacc, 11110 cast to
DISTRICT, all work that may prove detective ia wor~~."<h;p l1JA/or m~ctlals within said ono-
year period. In the event ot DEVELOPER'S failure to comply with the provisinus ot the
guarantee within 10 days &ftcI' written notice by DISTRICT, the DISTRICT may have the defects
repaired and made good &.\ld 'OEVELOPER sbaIl pay the full cast thCl"eof OD demand; provided,
however, in the event of an emergency, DlSTRlCT Ulay make the repairs without notice and
DEVELOPER shall be liable for all expens~s incurred. Should the amount on deposit with the
DISTRICT be insufficient to complcte the work or pay for the labor and Ulaterials used,
DEVELOPER shall pay the dcliciency to DISTRICT. upon demand.
17.poNA110N OF FACILITIES
After completion of the FAC1LITIES In aceordanee with the approved plans and
specificatio", and upon acceptance by Board or Directors of DISTRICf, the FACn.rrIES shall
be deemed donated to the DISTRICf under Ibis agreemellt and shall then be owned, operated
and maintained by DISTRJCT. Upon cOlllp~tion or the work in accordance with this agreement
and a<:4'CptlU1cc or the FACIl..l'11J;S by the DISTRICf, the DISTRICT is hereby aUlhorized to
file, on behalf or the DEVELOPER and DISTRICT, a Notice or Completion for recordation with
the San Diego County Recorder.
18. lNOMDUAL SERVICE CONNEC110NS
The FAClUTlES shaI1 be operated by the DISTRICf in aWlfdance with
DISTRICT ruIa and reguJatio",. COll.lleetinn chargcs aDd sernc:c charges shall be in accordance
with DISTRICf rare schedulcs then ia effect. SerVice CODnections shall not be made until all
applicable charges have been paid to the DISTRICT.
19. F.NFORt"r.MENT OF AOR.EEME,,",
Should either yarty hereto sue to enforce the terms of Ibis agreement, the prevalling
party shall be entitled to recover all or its costs and reasonable attorney's fees.
IN WITNESS WHEREOF, this asrcemeDt has been executed by DEVELOPER and on
behalf of DISTRICT, pursuant to the authority of the DlSTRlCl"S Board of Direaou.
OTA Y WATER DISTRICT
DEVELOPER
CHULA VISTA AUTO PARK,INC..
a California Corporation
BY:
Douglas fuller
President
BY:
David Ordway
Vice President
s
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POS'
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08-24-93 04:46 PM FROM B D R
P06
08/14/83
18;13 tt213 83T 8T2T MBaD1D8 L....
~~----~~=~
(aar.& nea UIO _.
Dds AS.~ Of l'J:OCI..u Of ~iUonfl'h......iAv
Ag~~ (..I--~'" 18 ~ iAto aw ud 8mODII ..-wn1
woton ~ COlpO&'IlUaza, . GQ~atlOll (JI8niDafta3:
ref_.t:.c1 to U ilL....."', 1;ba a1;r o. Clt..t. Villta ~
~efU%114 to U "C1t!"), aDd. Dlnicl D. OZ111iIa!', CIIria1:1IIa L.
0Z'dwaJ', !!!rav1. A. ....,..u, IUl4 Hlz:varK L. ~..u ~
Clolle01::1ve1y ret~ to .. "OIIJIEBlI), aDd. DGJ' ,,.VTT:II' ~:&:.IiU
P~lQIV>>, .. C&11tomia l111itell ~F ("1'\\11".'.
l'UllAT and 0ImaJ:. 1111&11 jClin1:I,y aDd. HvenUy _ fthn-.4 ta
bere1n III IIDevelapllZ'. II 'l'JWI A/Jft8IIU1: 1a D't8n4 Lno iA
retcem:a to t:I1e to1.1owirst faeta I
1ZI004l0ZO
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A. 0WDttz'. haft =- will bIooa- ttalI CMlCa of 1:wo ~
of ~ DftIIIQ'1;y 10C1&tIIIIS in 1;ba ClLtr ~ (!bU.la V1a'ta, c-...A" Of
San Di.p, i1:a1:i ot Clalifo:mia 81'taated wi1:b..1D _ area to
developed inta the C!lull V1a1:a J.u1:0 'Uk. Olmers and hUe
Jurve agreel1 to open.1:e toptlular .. DaVelOpel' hz' ~... of
taoilit:&t:iD9 GeV81C1p1Ut: of .aU lI1I'to park. All UM4 ben.U1,
DIlftIlOpC' mMIlS IUI4 1Da1udu u.y jo1ht:ly owz:e4 int:enIIta ot
0InlaI:8 azl4 IUllC' in a~..oti= with ..14 auto pule, 1dw1:hez'
aa= joiDt brt8na1; be hal4 bJ' tbelII 4inclt:ly, =- tuolio;ll
iD'teftUlld1at:e eIlt11:1_ vlJ(ler +._40. CMlItDIhi,p or aan1:Z'Ol. .
a. :In ClaIID8C't1cm w11:11 clfialopent: Of 1;ba auto :PUk,
1fttunal woas of ~ in tU _tun of Rnai:a, stz:6*t
Cti.m1, watBr 11n.., UI4 at:Il.C' t:Jai:Dp ~1y 4e4ia&t:e4 toa:
110 un an D8CMsur, aDd. C1t:y ~ a4apte4 . nao1.u1:1c:m. of
don w1'tb ~ to f~ g ......-at. 418'tri= tor
J::lcmcl tiD.~Lt19 for 'tbe ao;u18ii:1CiD of __ ~vaan1:ll. :rn
aorIDeot:LOZl1:bKev1t1l, D..,.lopc _ Clity 1aava =- rill ctE
into _ ~UlNll." eatau.s IlAac1lW1itic:m.[l'iMncdnv ~,D
ill ton 4IDlI ClCIItMIlt aWla1:lmt1a!11 icWl~f -I to tbe 4nft
1::Jua::eoi: attaabe4 h81:eto _ .....h. t: "A, - prov4"t..'1 tft .. Cit:y
to UIIe ~0n4 l>>-GGIT". 'to ~ Mill ~ 1M the 1aD4
em which they will lie bd.1t after DavalopC' ...,,1....
OCIDStJ:uot.1OD. t:hereot in CIOIDpl1lnce ri1:b the ~ of 1:be
Aaquis1t:iOD./7i1".....lD;' ~t:. DewJ.apv u4 o.mca baoq
q:r:M4 that: OWners' ~ plZ"C1.Il.t:&ge ~ 1ft
Developer.s act:ivlti.. ill. daWi10piDr 1:be auto pu:k ;1at IIDd. w111.
be f'orq-s8V8ll. pe:aeat (47".
c. CIwneZ'8!lave ~ Lal:lc to uke 1~ 'to owners
111. ........~1ozt. with tU &o;a1.1Ucm and acIDIltraaUon of their
CRIll. ~tlt OIl t:ha nal FapC'l:y, aDCS tbe ~t.
ntKnll to 1ft ~iticmJ7t-"(l~ log%" -~, ~1:e:
oolleatively ref.Led. ta .. -Loan." .
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08-24-93 04:46 PM FROM B D H
PO?
08/14/83 lDl14 "a13 83T DTaT
.1lIIlIA
_1128 1.. BloB
IilI 00S/020
D. All & maac1&1 ~t to the ..:1.111' of tha :r.ouw,
lUI4 .. 8el::m'j,t;y tOZ' t!M ~ ot tha liC'...., lUI4 o1:JM2:
oJ:ll1pUou of 0WIwn OZ' t:beJz attlliau. 1:0 :t.c34w. &JIll IIUe4
upon 0WDen ... of U1d in1::e1:e.~ in DewlopR, ~ lUI4
ownc. !ave qn.c t.o ...1;11 fort, ;-~,J'7t) of any
Get. .u of Davelopar'. Z'1gtJ.1:8, eDt1: , its IID4
i.ntc:..ts ......... the AClIilU1S1ticm/J'1MM~ .tv--"lt: 'to r.---r
upon the c:rcmd1'tioml, t-- ad COVtIIlUU l\Vein Mt. t=th.
!fOW 'lJIIUI'QU, ... .. the 1=e;o.:l.zLq aDd fOl: valuu1e
CODlIid..aticm, tha ~. Ia.-.to ~ as t011C*l1I
~ ' I t t PI
".n-Nl 'I!lI QIl .T_.
l(a). D89'8loper hRaby ~y ~a=s, b:'&DBfen aIl4
auivns to T......9r, U . hW:Ge of ~ I
at the ~. llII4 p as At: fert:h in pc.graph .
llalow, f~ pcoent: (47t) of all of Develope'. :d.g;b.tB,
an1:1tlAll....-tll, Hnefits U1d :lnt:erut:ef ~f=- aoCD:11e4 01:
~ &OCiZ1WIlJ, \IA4elr tha Aclpi8:a.t1oa/fiaanaiDg' ~,
iMlwUD<<. w1t1uNi Uaitat1cm, IUI!' and. ali p:oclMdB ~
.. 41at:!l:lu'tallle to J)ne1opa WKlK' the ~1a.i..ticm/:rbt.....4Jl'
~, or o1:MntBe p.yule or pd4 ~ the city to
DtmalOPR CIA .aaount ot or in .-.....'"tion w1Q IIDY woo of
13DpI;oV1llllen't 10gated enyw!HIre on 01: 1D OO"'..."uOD w1'tb tha a==
par!c.
1(b) . 1'= tha .... 8::0.., aD4 '1:0 _un IrsDHr is
=~::y ~:: otker"1:i.if=~=:;:rr;~=:
~, 0lINIr. __ vrant:, t:t'&nllfer e4 UII1;n to Le:ll4Ilr
all &'19111:8, ct1tl...m:., lHmet'its and. ifttensts 4istz1au'l:al:lle
" cU.atZ'1wt:e4 'to Otmera (a appelslld to Deva1Gpar) by C1t.Y, 01'
f;ba usiGDa OJ!' RVClUIIGrIJ of .i t:tMtz' of tMa, n1aiWItJ to t:ha
aCll\l;Ulaltlon by C1_ of an.y laIl4, Dpz'oveum:a, 01: OCIIIbi..'Ucm
t:I18reOf, or Z'lthtll to au ...., loaat:ecl IIl;1Where 011, 0:' ~ted
t:o, 1:ae auto puk. Developer lUI4 0WMn qne t:o f........1.'te1l
DOtify LeD4R ~oulclllll,Y ~-.nt elJ: tI....v.t'~f...\T :be ru**'
v1~ n.,eot 'to &Df euah ri_ts ~.t va eepH&'te f2:am, OJ:'
RPIll__t., the Aaq\l1.itJ.OI1/rh"....1q ~.
2. 'J!ha pu:t.i_ Unto &g3:M 1:!lat: all ~19bb pu1'I:e4,
1zaDIItc:n4 &114 ...~ = :Ltmdtlr purauu't 1:0 ~ tens of
tb.i.a ~t: abaU be ~eot:. 1:0 all t:.... ua4 _1IdJ.t'loIa"
aontaiDd. in 1:ba Aatp1a1t:iOl1/I'~ ~~. &.__.-.:..,
uncle DO c1z'c:nugta=-. ..11 tb8 ...iF'l'1Nl't ,*. otIac:
tnnsaotloDS :r:.tun4 = u:r:e:l.ll :be _....." 'Co ~i114 tr'''er to
perfo=a lUll of t:J:Le tene R ~f:ticme of "tile
loq\liaitton/riDano1q .....t, the et:a=tw7 pnTidoll
1Mo~ate4 1:1l.eniD !If Z'Ueenoe, or any ot.12e av- --"IU
aW:Ijact. 'to the ".1F'"ent OODi:Il1Ded heJ:e:I..D, mil' aa11 1;he
exi~""Il~ of this ....~ cl:bDj..411h 02: atteot:. the 4lIU88 of
~~eJ~ ~c2/
08-24-93 04:46 PM FROM B 0 H
P08
08/14/83 18:18 ttl13 831 8121
IMfIJ2A
ll8Iui1D1l L.1lfI1I
iii 008/010
Develope urfJ.[0I: 0lm8n to read. fU11 ..roau~. ~er the
Agquial't1cm/J'lDuobst' ..-..nt, IID4 ~ Mn!Iy agne t;o 11M
tbeir RR effOJ:t:a to ~t1r o1Olle tM t:nDIIactiou
cxm1:aplatllll IJy taa ~ :tS,OD/J'h'."Cl1ft9 Il;p:'eaen't.
3. BJ' qeoatJ.cm of tbia ~, cit:y ~ agnu ad
GOIIIlent:ll 1:0 'the ...1gam:t by l:)eft1apc 1:0 ~- !;If AU
:f~ plIZ'GIlD't: l41t) of 1_ ri;Id:a, 1ft'U1:1altllt:ll, 1::lae:ritIJ
ud lDi:C'eetIJ ,,-_ t:he Aep!alU~J'f."'ll~'''' ...- -~ aD4
otIleZ' qreaen1:al ~ 1:CI hen1D, ancl ~~ 3". - pay
cUzect1y to :r.u4R fa.rt]r-ll6WD JIU'ClIID't (47') of of the
tlmd8 lIII4 pDce..s. wbia&. ~ -,.. H >>&yule 1::0
De'nJ.ope w-A- 'the tenIII of tJua Aarp1IIi't:i.OA/J'h..ftCliDg
A.,,\!:.--t., and, *01I1d. the .... .".. e.ille, OMI-~ pm:CNlDt.
(100"') o:f IIIlJ' pa:ra-:t 01:bu'lr1H >>&YUle d1not1y 'to 0WDIln ~
cormect1OD with ..1elUcm of 1Uil aD4/. ~w4""'t8 1n
GODII.eCt:ioD with t:bli _114 oUCm,.
....,.....ft~ ~.......... Irq T.__. ..
4. 'lbe ..si;mlen'l: hlIreby onat.4 _1" be 1IH4 .. snrae of
payman't and ot:be':r perfOZ--. of tM foUariJIlJ =11aUa:aa; (a)
t:ha'l: aert:a.1n PrOIIf-.OJ:y lfo1:e i:a. the ~1no!>>al All 01 one
Million !'\n.1...-l'i.... ftoQsaDl! Dol:L11n ($1,0'5,000.00) exeou1:ecl __
OWDers"in tav= Of t.ndez', (b) i:2sa. actain ~ ..ow 1ft
tbe p:1Dalpa1 .. of r"n,115.00 G'I8GUte4 ,~t;. Ar,v,*
of IoeDde, (0) aD4 d otZMr =Upticms IUI4 :aow
or ~ ow1Dc 'to x..nde:r ~ 01merII or ow:unr Ufl1ia'tu,
whiah aUiUa'tes lno1u4e, vl'tbout. IhlitaUcm, IOIlO Bay "
CbrnolK ~l.~::tareuid. obl1pt1ou dellcdbed. in this
pu:agn.~ 4 va t1:C' oo1lllCti'ft1.y nflft8d. 1:0 .. the
.Ob11pU0Jl8"] .
ll_._ .... _~.__"""
s. by IUl4 .U payaem;. 0= ~Wd IJy I.tt:alSU'
J:;:1WI.t 'to tIua :teDla of t:I:WI ... t: :D7 11II&11 tle applild
A".~y ~_ 1:CI lUQ' II&' 1, ~ cay ~
WIllI ClV1Dg, or not t:IUm dQel \U2d" lIftI' of the
ObUpt1cma in IIUah ard.c eM mumer .. aay lilt det:tu:':III1u4 __
lotiln4R 1n 1u .ol.e 4JJJoJ:etLcm, IIIId. ~ of Vhe't1l.el: _ not:
t:he Obl1;a'tl01ll.8, or IIDY ot Qa, ue 1n Ufaul't.
..-......... ..... ~.----
fl. Develope IIIIll owun npr_8Ilt: IU1d. WllZ%'ant 'tIat 1:bfIy
an the H1. la;'a1 IIDd. ~'t:U1a ClIfI1C8 .,r all riglla,
a'l:.ii::l....m:a, JHlhet!.1;s uid. ~ fRJlted., t:l:'anat'aa:~ U4
ue19Hd to T.-.:!4er plln1Wlt: to t.ba teftt8 Of th1lI..= UI4
~ :1:_ .Int ailcl WU':l:'ant: 1:U.t: 110 pt'aViolall ,
1::nmIfera, oo~, ple4gu ar DWIIbrUlG88 of ... &'igh1;s,
en1:iu-nts, --tits .114 ~t:eru1:ll OVa bMft uda, utal: in
t:Z4I~ ~~ - oZ?
08-24-93 04:46 PM FROM B 0 H
P09
08/2'/83 10,11 tta13 83T IT2T
.~..
lI8DDUlS L. au
i100TlOIO
wIlD1a or in pan. '!be putLell .."'1119 't!Wt 1fUnIlt;y qne a1:.
tll,laf... cam '-lIwMe to .... aid cIe~ea4 u\y UUl all acUODII or
p:r:~.,,. aft~ or ~ tlo affllOt t;he ."~1'tr
~-- or 1MIdV' ~ ~. - .
'1. If IIDY ~tiona or WlIft'ant1M CIOIJt!tbllll ill tIUa
~ ell&11 lie DI:tue, or lIboU14 . dafalt Uke lllaae 1A
'tbe oIlHnUCl8 ar: par!amancte of IIDJ' QlJUpUa, ~
OCMtDU:t, ocmcUi;loft, ~Uan. or WIIZ'ZUty ClOIlt8tll.s m
thi. ~'t, 1:1aea ill nalI. LIl8'tlmoa, t;he .... .J:I&ll
aanat:.:l:b\t:e UI4 _ a....a 'to _ a deftlal~ unUE' tha ~..'tiou,
lU1d. eaGh Qt =- (eftIl it .. put;y oviDq tJI.e OIJUaat:ioil ...
DOt the pUt;y en 4t:UDg tha W..ul~l, ~ aUt.' i~ -r........
'to dAlI:Q.Qa a1:l. ... clue 1M 0'riDt1 pmllWl~ 'to tha ObUp~ou
'to 1M f-.U.~ due lU1d. PQab1a, u4 1:0 aact.a any aDd aU
of the &,ighi:B "Ill.MU. prav1ded tbenizl., ......."'lr' w.
~..IlIUIt, by' law, or :I.A lIqIlit.y.
>>b______ U............
a. .1.8 10ftI' .. ur ~ Z'laIa;Uw d;ga aDd. adJ:Ig to
r.c4c 1D ~Crt1o.n witla t;he Ob1ipUOII8, or 82J;f of t:ba.,
Develope IIIIIl own.r. qne to UlICIUt::a lIDd. daU". 'to :LemlE BY .
u.4 all cSo~, iIaol""-fn9', w1'tbaut lillita'tioll, fiDam:!f"lg
.t..t'....w, u LeD4c- may Z'."""''''ly rqu1n in any aL'dU' to
pme=, atfiD1 IIfttll:ltaate 0&' fm:'t.hE ...=- 1:be ...4..9"..-t 'to
r_.~ ~ tbe Z' gIl't., G't11:1aeftt8, .,....,11:8 ud 1rIteriRlI
polID'tecI ~, or I~" H01IZ'lt:y 1atllhR 1:benin, 01:' to
~ ~ thi%4 put.y not_ of lv.I. :ri.gIlU, entit.l-ftt:8,
ita am! ~ ",an"" :IuInJ.n, UId do :b.enbr
1n'evoaUly oan.R1t.ut.e &D4 appoUrt LeIlIler, 0&' 1ts da1aea,
tbe~.. &~iD-fao1:, to UlICIUt::a my such c1oc\JMD.b hi. t:!Ia
eV'Gt: Deve1ClJi1C' or 0ImaI'. faU to .xtICllt::a .....
lid ..~. aOu..-r...-ftII',ll....
II. Develope, owen U4 a1\:)!' agna *1: tile p:r:oc....
...igM4 'to ~ pmNaZlt 'to the t.cD8 of ~a ~
llball DOt :be nbjeat 1:0 u.y N1:-o~ OJ: QOlUlt.c-a1a!m ald,
o1a1Mcl' 0&' &IIII8I:'te4 br _ a;'&iMt. u.y of t!Ia partiu Unto, or
ay th1ri JiIU't.!'. Rtll..-iW4I......-......lltly at- ..
~____g~... JHlIM.......~__---"'"
.......1ade-........._~... "'1I....ri...-M..d,Jr.......II.. IIllNl
....... ....... _-.. ......iI".. -.....
----
. t 'J ,"'-l,lo .
all .1I.I?Lt:Ila.ltItI
to. gavelope' lUUI 0Wnen que ~ bep aoow:a'k HcaD aII4
~eao* of au ...Ua, ao.n1~l- othazo p:ooeda ~l. or
:m by' tbe CLtY panuaDt. 1:0 ue Ac:lllUJ..it.1oDII'iDanGllW
....t u4/ft ur O'tbu' .tz'HMr"tII crtez:e4 iIrta HbNten
. :t:hez' of t:b..- ami Cli'ty ua4 _11 I:'eta.in ClCllli- of .11 nc0Z'C!8
4!11~ ~~ 27
08-24-93 04:46 PM FROM 8 D H
08/1./83 16118 "113 83f 8f2f
..1IlIIM
PIO
bnntll. L._
iii 0011/010
Uld. doCIDIIeDtII faplodofllll 1:0 ~ lily 1:ha C1:tsr, .. .vWA &OtiDg'
em it. "bdl, 1A tIWI Gomleot:!an. Deft1opq. &lid ~
fUZi:ber a;rea 'Co ~i.i::t.endR .by.. tIani.1Itl &III' cd: 1'ta
officers, ....1:11, el!lPlO1'M8, att:a=ey8 UtI &CICIO'GDi:eDb, UId
upon n.~t1"'1.e not1Oe. 1:0 .1I~ ftab Iloaka, ~..411 a!I4
c!clc1.uae.nta IUd 'to pm:ait ~.. 1:0 __ aap1u lUICI ~ ~
~ llo0Jc8t raaoz:da U4 ......... .. IlQ _ d-,.<< aa...ur Q'
J""lD4er 1ft ;1.1:11 aote lI1aCln't1oft.
D%9ftt -- CD' ~T.DIII
U. -.1tbR 1:ha ac:aep1:alOe of any paRial . ~
p&1'JI8Di: :by :r..mI_ IlOZ' r--~I. hi1=- 1:0 ~--fl'OiH IIUJ' at 1t11
dghtll 01" UI -4iy P'QnUIIDt: ta a defauli: .--.,..""" = 1;l;ftder 1:Jla
dOrMaicl Oblip'tlaila, _ any of t:Iaea, _11 .. . wd:vv 01!
IIUCIb defaUlt, a aa"if1aat1oll of tIWI ~ m:' of' a,y
~f. oIl11p.t:J.DJUI ""~_ tJU.8 ~t, or & wd..... a! any
.ua8l;l1l8Df: 4erault ~ ot' ......- t:be lI1'on..U
Obl.ip:tiou, or u.y of tMm. .0 ....... = ilpUed ~m1i: _
T_<<er, em one CHI' _. a='Il'I.1011a. to Deft~ Cl&' 0Wl:leIl ......i...
or l"e1:aiDiDq a ~ ualpad !utI'e..... fOl" _.4.. CIWIl ..,
~"11 lie auezt:id or hUed 1qIOIl .. rrl4eoe or u.r CCIUZ'ae ~
4ea1iD1, V&Lvv, or acmt:i2IaiM C'OJ'Hlli: JIy r........ to a11~
ht.w:e ~ to _ ao rat:a!h4 lid 'lJH4, ~s at 't1w
~'tat:J.o.aa = ..t....n'ta of .. paft1aa at tile i:Ue aI1a1L
tuiDg' OZ' ra1:tmUcna 111 &11ond.. t11.~.. aalaacnrWae
~"s cm.13' rapre.~t1ClA Z'~ tIl8.. md1:ara la tbat
I.en4c iD+-~. aDd "'11 nOll1...- allot tU a.sl9Md PZ:Cll'..a.
lIDd ,,"".~ no ~ "11. the .... lie ." ClINe! 'to be pa14
1:0 Davaloper arrtJ.f. 0WIla1:1I untU an ot t:he ObUp.'tioU ue
pa.:l.4 1ft taU.
."~..J'-- aw ....... MIa ..........
12. ftJ.s :t.....t and Moll of 11:8 _.....tai.c:al 1Ib&1l imD'a
to tbe Illindlt. thta ~ lAd ...igzza . t:be ~ aIIII
Uallllta bind41lt' em. 'tba ~1", ~1:ar:a, lldIIinUtnt:an,
RO<'T"'..8 ll!Id ...ifu of 1:be otur put::1.ea bI:ai:o. IbcNl4 1dle
CIOD8tJ.twmu ~ tIl.. dgbU 1:0 noel" payma1: fna City
~1ated Jty W. ~t: .... h ...itu4 to ~ a~
1ft 1:be MU of aD,y 1ntCucli.Bz7 Dti_ toned, ftUd, or
acm.uoUII4 by :Deve:Lopc, DaveJ.opIZ' alUa11 .. .in 4et..i1~ bereoS!
1mI.... 1't .~.u. f:Lht: oaus. wall _U_ apee ill "d:t1Dw 'to JlIe
~ J:Iy 1:be teJ:u bllZ'&Of U4 'thC'& obtain tbe -;t... ...:I.~
ocm~ 01! ~.
D.r.-..-. all --.-- "~----'lI!'_
13. ~ 1D Qi8 1i;Z'~ IIball iD IIDy way l.Ud.'t tM
effect of the cow'tUcma .et fonh in any oQC Maw:ity or
M~ J?J~8~ oZ2(
08-2~-93 O~:~6 PM FROM B D H
08/2'/1; 10:17 tr213 lIT e71T
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otbw &g.Ir:MUD~eviowI1Y or !a1:U aeO\\QId by IDY 01 i::Ja
uMlmI~ f J:Nt: Mall IIJId ."., ~UOll of tb18
~ ahaU ~ 1ft addl1:iOll to ta ot:2lea:e.
.
.r.a.. IIIU..---V_
2040. D11.. -1lI\t: i. beiDo dGiY....s. 1>>. tM st&t:a of
eaJ.1tOJ:'llia a4 8Ul1 be ClOU1:Rd in ~ vl1:h Qd
vav"""W4 J)y tile laW of a1dt. .tate.
.TIl..__~.' ,...
:tD tbe lIftAt elf .u.t..t, ut:1on .. ~OCl...U"1' u =oa!lb~ to
~et or atoraa any of ilba 1:erma ~ 1:IU..... ", t:be
~...v. ling perty lIha11 be eutitled to teoovlR fZa. nab. ot:hR
>>Ut:Y ia n........J.e .~, :t... and 00.1:11 U4 IIZI,y otbw
legal u;rIl..., whe1:Iaer ill>"._.....4 >>rio.r t:o ~~ tz:-ial, ..
upcm appeal, 1ft addition 1:0 Ul atur ... by lav.
_' t-Y.1 j qi''t'''.'
1.6. '1IWI ........t, J:lIJl~"" tM fiDal ~-HloD ~ the
~.nt: ~ ilba pfti.. bento am! C/ODt-1... aU of Qe
t:ezu md ClOIdlt~ ap..a 1IPOD H'tntm tIaeII ~ idle
lI\IbillClt ..'\:tv Hnof, U4 flO otII..:r qr.....-ta em .&14 Rbjeot
_tbIr eaJ.l .. 4.--- to 8X1ai1: .. .,Uid &DJ' :JUt.y b..w .....1_.
1ft vrit1Dq US4 81pe4 by the JlllZ'ty to I:la ab.up4.
.WII"IIft..... ~......a.&.......
17. All I'l;trt:ll am! I'...u.. of ~~~ JlZ'OVlclecl for
heraJn II1'lt oaul.tift lUIIl 1IM11 I:la in 1:icm to all otIMc
:dl)lrtll &D4 ;r...<<1.. p:'crride4 in tile cs,Uga:tlou OJ: appUe&ble
laW.
"'_.111 \"~ 1 }.)' "",
11. ':I!bU 14r....... JUly !HI __t..s .. tba ~ ......
1ft one oz mora ~, ... of WbiCb .!pC CCND~
IIball ~ dellDd IIJ1 ClZ1g'1Aa1.
~ ..41.....,. all ..-__......
19. au AU:LInIaen1: A1U -lOti; shall lie i:.-f-UcS lUld of
no ~ fone IUUl eueot wb.eZ1 all obU9'aUcmII ad
~J ~~~ -~(
.
08-24-93 04:46 PM FROM B 0 H
T
P12
0'/1'/88 18111 cr218 881 81.,
...
._nftin. L....
II 010/010
.-.n:.i:i1IM .... ....... IRI ~
20(&). C1-":~~ ~ ~ 'L--~... wi.. a copy
d all riot!ou, , == ot.h8I: ClV-_ufl4gatlm11. t.1IUalI __ C1t.y
to c.vela.pllr; =' 01mC' n.~ ~i1Md Ufal~ ell:'
~ioi-noy iA oampli-- with 1:ba t:1oD8 tIMu' 'tbe
AGqu1.11:icm/J"-"f'\lng agrn.eat., = ~ ~
.~ u.~ IlUIULt:II = otberI: o!IJ. ClIfiAg "'""'-
t:I38 AalIId.li:icm/l'~1t\f Ag;nl1l--t.r ell:' 4"Wa.tng =' l1vi3:1g
Z1Qt1ce of er cXlIl'tIap1a'l:eCl oil... UI. ...\I.-b ~ 1:be
propem. II1c:l!I. aopiM ual1 M Mil_ GI:' ..U,wncl to T....~
.. faUO'lfII' D.D. ll'....., CIJJIJlIIIL JIO'lOIt8 KK-~ ~XOJI,
5675 ~fiD Jtoa4, SlUt. 100, lID Dievo. cal1foz'n1& .aus; IIDd
w:L'tA . OQY ~i4ed to him.!' L. >>-v8s, JIUmiDIr. r..&ftz',
IInd4fC . BKbc'iah, ."0 WU.1&ke 1IcnJ.lMUd, h!:t8 ..., r.oa
ADp1u. calUcmda '0036.
ao Ctl) . Ko t:arIlIiDatifm of 'tbe ~1Ucm/l'iJo-ftoUt'
Al;p:'eement a1Ia11 be dfe=!:va 'till... UlIi ""'11 ~ 1. gi"NQ
witta mrUae ~ty tbat >>evalapar J:uuI tailed. to CNh a
default., 1IDd.:r U 91... ~ (30) daya fo11ov~ ~
of IIUCiII. not1C8 to CNft Ra'l1 <<.hult, = to IMIgiD 4f'U,giaa:t:
eftOJ:'aJ 1:0 0\1P . AOII-'IIImftlz:r ~fwlt ftlt........hlJ' inaapable Of"
ClIIH wlt!Wl. auolL Ume.
'Ieat: CIOIltiml.. .. hl1niJ11 PPJ
(" IIfL) ? j?~;;~ ell'
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