HomeMy WebLinkAboutAgenda Packet 1995/08/22
Tuesday, August 22, 1995
6:00 p.m.
"I declare ~nder penalty of perjury that I am
employed by tre Ci~y of Chu;a Vi~r~a in the
Ofiica o'i the City Cler:.\ and that I posted
this Agenda/Na~ice on the Bullettn Board at
the Public ~ervige9 Building and at City Hall
DATED. &;/7/9:7 SIGNED '.4 "
Regular Meeting of the Citv of ula Vist tv Council
Council Chambers
Public Services Building
CALL TO ORDER
1.
ROLL CALL:
Council members Alevy _' Moot _' Padilla _, Rindone _, and
Mayor Horton _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
August 15, 1995 (Regular Meeting of the City Council), August 16,
1995 (Adjourned Meeting of the City Council), and August 16, 1995
(Special Meeting .of the City Council)
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Humao Relatioos Commission - Rafael J. Aguilar.
h. Terry Thomas will present the following foreign exchange students visiting from Japan: Hiromi
Ibuski, Maga Matsue, Hiroshi Oohashi, Minoru Takata, and Kiyoshi Yoshizawa. Ms. Thomas
will also be introducing returning students to Chula Vista: Adam Harmstead, Michelle Monroy
and Glenda Sawada.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 7)
The staff recommentlations regarding the following items listed under the Consent Calentlar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green fonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no observed reportable actions
taken in Closed Session on 8/15/95. It is recommeoded that the letter be received and
filed.
b. Petition requesting removal of the trolley bus Route 706. It is recommended that the change
in buses be made to accommodate the request of the petitioners.
Agenda
-2-
August 22, 1995
c. Letter of resignation from David Hirsch - Cultural Arts Commission. It is recommended that
the resignation be accepted with regret and the City Clerk be directed to post immediately
according to the Maddy Act in the Clerk's Office and the Public Library.
d. Letter of resignation from Jennifer Ayer - Youth Commission. It is recommended that the
resignation be accepted with regret and the City Clerk be directed to post immediately according
to the Maddy Act in the Clerk's Office and the Public Library.
e. Letter of resignation from Bracken H. Ellis - Youth Commission. It is recommended that the
resignation be accepted with regret and the City Clerk be directed to post immediately according
to the Maddy Act in the Clerk's Office and the Public Library.
6. RESOLUTION 18003 APPROPRIATING $15,000 FROM THE UNAPPROPRIATED BALANCE
OF THE GENERAL FUND FOR A CONTRACT WITH KEYSER
MARSTON & ASSOCIATES PLUS CONTINGENCIES FOR MCA
PROJECT REVIEW, AND APPROVING CONTRACT WITH KEYSER
MARSTON ASSOCIATES TO PREP ARE A FINANCIAL ANALYSIS FOR
THE PROPOSED MCA AMPHITHEATER IN OTAY VALLEY IN THE
AMOUNT OF $9,500 - Discussions regarding the MCA Amphitheater proposed
for the Olay Valley have heen ongoing and negotiations for City participation
in the project are underway. Council directed staff to hire a consultant to
prepare a financial analysis of the MCA proposal to determine the cost/benefit
to the City to assist in the bargaining process. Keyser Marston & Associates has
submitted a proposal to conduct the requested financial analysis. The submittal
includes a scope of work which entails a cost/benefit analysis. a cost estimate
of $9,500, and a time element of about 14 days following receipt of documents
from the City. Staff recommends approval of the resolution. (Director of
Community Development) 4/Sth's vote required.
7. RESOLUTION 18004 EST ABLISHING DATES FOR PROPERTY OWNERS TO BE READY TO
RECEIVE UNDERGROUND SERVICE AND REMOVAL OF POLES AND
OVERHEAD FACILITIES WITHIN UNDERGROUND UTILITY
DISTRICT NUMBER 122 ALONG FOURTH A VENUE BETWEEN "E"
STREET AND STATE HIGHWAY 54 - On 6130/92, Council approved
establishing Underground Utility District 122 along Fourth Avenue between "E"
Street and State Highway 54. In accordance with Section 15.32.150 of the
Municipal Code, Council shall by subsequent resolution fix the date upon which
the affected property owners must be ready to receive underground service and
the date by which poles, overhead wires, and associated structures shall be
removed. The conversion of overhead utilities to underground is scheduled to
be completed in November 1995, not including pole removals. Staff
recommends approval of the resolution setting 10113/95 as the date by which
property owners shall be ready to receive underground service; and setting
12122/95 as the date by which poles, overhead wires and associated structures
shall be removed. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
.,
-'
Agenda
-3-
August 22, 1995
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by ILlw. If you wish to
speak to any item, please fill out the "Request to Speak Form" availLlble in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete
the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
8.
PUBLIC HEARING
CONSIDERATION TO VACATE VARIOUS STREETS IN THE OTAY
RIO BUSINESS PARK - MCA Concerts, Inc. has submitted plans for the
construction of an amphitheater on Otay VaHey Road, south of the Otay River.
The plans show the project occupying the property now known as Olay Rio
Business Park, a subdivision project whose public improvements were completed
in 1993. However, none of the lots in the subdivision were developed. MeA's
plans include the abandonment of four streets within the business park in order
to construct the amphitheater. Staff recommends Council continue the public
hearing to 9/5/95. (Director of Public Works)
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State ILlw, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications
Form" availLlble in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action. Your time is limited to three
minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which 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 elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form availLlble in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
9. RESOLUTION 18005 APPROVING THE AMENDED MEMORANDUM OF UNDERSTANDING
(MOU) WITH THE CALIFORNIA BUSINESS INCUBATOR NETWORK
(CBIN) AND THE RELATED SUBCONTRACT BETWEEN THE
CALIFORNIA BUSINESS INCUBATOR NETWORK AND BUSINESS
CLUSTER DEVELOPMENT - The proposed amendments and related
subcontract will update the existing MOV contract to reflect revised benchmarks
and timeframes and to provide for performance and regulatory compliance
accountability. Staff recommends approval of the resolution. (Director of
Community Development) Council action is necessary on this resolution
prior to Council action on the following item.
Agenda
-4-
August 22, 1995
lOA ORDINANCE 2637 AMENDING SECTION 2.05.010 OF THE MUNICIPAL CODE TO ADD
TWO UNCLASSIFIED BORDER ENVmONMENT AL BUSINESS
CLUSTER (BEBC) FULL-TIME POSITIONS (uraencv ordinance) - On
6/27/95, Council appropriated the fiscal year 1995196 (Year I) Border
Environmental Commerce Alliance (BECA) budget in the amount of $956,536.
The appropriation included three separate budgets in the contract with EDA, the
program's primary funding source. The three budgets include: (1) the BECA
administratIOn budget, i.e. City staff and operational monies; (2) contractual
services for the Border Environmental Technology Resource Center; i.e. the
contract with Southwestern College; and (3) contractual services for the BEBe.
Staff is recommending that no contract be executed for administration of the
BEBC using EDA monies but be directly administered by the City. Staff
recommends Council adopt the urgency ordinance and approve the resolutions.
(Director of Community Development) 4/5th's vote required.
B. RESOLUTION 18006 AMENDING THE FRINGE BENEFIT RESOLUTION FOR MIDDLE
MANAGERS AND UNREPRESENTED EMPLOYEES TO INCLUDE
BORDER ENVmONMENTAL BUSINESS CLUSTER FULL-TIME
POSITIONS
C. RESOLUTION 18007 AMENDING THE FISCAL YEAR 1995/96 CITY BUDGET TO ADD TWO
GRANT-FUNDED UNCLASSIFIED BEBC FULL-TIME POSITIONS
($106..700) AND TO TRANSFER THE BEBC CONTRACTUAL SERVICES
ACCuUNT TO THE BECA OPERATIONAL ACCOUNT (100-0262);
AUTHORIZING ST AFFTO NOTIFY THE ECONOMIC DEVELOPMENT
ADMINISTRATION THAT THE BEBC WILL BE DIRECTLY
ADMINISTERED BY THE CITY; AND APPROPRIATING $35,083 TO
THE CITY'S BECA FISCAL YEAR 1995/96 BUDGET FOR THE
PURCHASE OF EQUIPMENT - 4/5th's vote required.
11. RESOLUTION 18008 APPROVING THE COMPOSITION OF THE INTERIM ADVISORY
BOARD AND APPROVING IN CONCEPT THE PROPOSED
COMPOSITION OF THE FULL BORDER ENVmONMENTAL
COMMERCE ALLIANCE (BECA) ADVISORY BOARD - BECA has
immediate need for an Interim Advisory Board to guide Community
Development/BECA staff in the early stages of project implementation. Staff
recommends approval of the resolution. (Director of Community Development)
12.A. RESOLUTION 18009 APPROVING AN AGREEMENT WITH THE CITY OF LEMON GROVE
REGARDING THE PROVISION OF ANIMAL CONTROL SERVICES IN
LEMON GROVE, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT - The Police Department, through its Animal Regulation
Division, provides animal regulation services for the cities of ChuIa Vista,
National City, and Imperial Beach. Lemon Grove city staff contacted the City
Manager in December 1994 to request that the two cilles work cooperatively to
explore the option of Lemon Grove contracting for such services. A proposed
five-year agreement was developed by staff of both cities. The proposed
agreement provides the same level of animal control, animal shelter and animal
licensing services to the citizens of Lemon Grove as are provided for the citizens
of Chula Vista. Lemon Grove has agreed to pay the actual Employee Services
costs associated with providing the proposed level of services plus applicable
Full Cost Recovery program charges. The Lemon Grove City Council approved
the proposed agreement on 8/1/95. Staff recommends approval of the
resolutions. (Chief of Police)
B. RESOLUTION 18010 AMENDING THE FISCAL YEAR 1995/96 BUDGET TO REFLECT THE
$38,680 IN EMPLOYEE SERVICES AND SUPPLIES AND SERVICES
EXPENSES REQUIRED TO SUPPORT AN ADDITIONAL 1.0 ANIMAL
CONTROL OFFICER POSITION IN THE ANIMAL REGULATION
DIVISION OF THE POLICE DEPARTMENT; AND $3,660 IN DIRECTLY
RELATED EMPLOYEE SERVICES AND SUPPLIES AND SERVICES
EXPENSES IN THE REVENUE AND RECOVERY DIVISION OF THE
FINANCE DEPARTMENT
Agenda
-5-
August 22, 1995
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calentlnr.
Agentln items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
13. CITY MANAGER'S REPORT IS)
a. Scheduling of meetings.
14. MAYOR'S REPORT/S)
a.
Application of furlough to City Councilmembers. Continued from the meeting of 8/15/95.
Roundtable discussion between staff and local develorers regarding permit streamlining and other
cost/time saving measures implemented by the City 0 Chula Vista. Continued from the meeting
of 8/15/95.
b.
c.
Ratification of appointment: Safety Commission - Audrey Hoke.
15. COUNCIL COMMENTS
Councilmember Rindone
a. Discussion on reestablishing informal midyear evaluation of City Manager, City Attorney and City
Clerk.
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on September 5,
1995 at 4:00 p.m. in the City Council Chambers.
*****
CLOSED SESSION
Unless the City Allomey, the City Manager or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed
session discussion, and which the Council is advised should be dIscussed in closed session to best ~rotectthe
interests of the City. The Council is required by law to return to open session, issue any reports of nal action
taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report
of final action taken will be recorded in the minutes which will be available in the City Clerk's Office.
16. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. Fritsch vs. the City of Chula Vista.
. Chammas vs. the City of Chula Vista.
2. Anticipated litigation pursuant to Government Code Section 54956.9
. Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA
lawsuit.
Agenda
-6-
August 22, 1995
17. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957,6
. Ageocy negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Maoagement, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956,8
. Properly: Approximately 67 - 72 acres within the Otay Rio Business Park located at the southeast
comer of Otay Valley Road and Olay Rio Road withm the City of Chula Vista.
Negotiating parties: Chris Billerlin, Billerlin Companies, Inc. for MCA Concerts, Inc. and
Chris Salomone, Director of Community Development and Glen Googins, Deputy City Attorney
for the City of Chula Vista.
Under negotiation: Proposed sublease involving Otay Rio Business Park, the City of Chula Vista,
and MCA Concerts, Inc.
18. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*****
(
Tuesday, August 22, 1995
6:00 p.m.
7.1 REPORT
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Tuesday, August 22, 1995
6:00 p.m.
7.1
REPORT
Council Chambers
Public Services Building
Re~mlar Meetinl! of the City of Chula Vista City Council
ADDENDUM
OTAY VALLEY ROAD PHASE TWO CHANGE ORDER - The second
phase of the improvement of Otay Valley Road is currently under construction.
This phase will complete the improvement of Otay Valley Road from Nirvana
Avenue to the Otay Rio Business Park. Since the project is under construction
and now is the time to make changes in order to save costs, and since it may be
necessary to widen the improvements to accommodate a proposed project on the
south side of the river (MCA project), staff has been working with the
contractor to make minor changes to accommodate the widening and is
negotiating the change order. Staff recommends Council accept the report and
direct staff to continue negotiating with the contractor and return to Council with
a final report and change order in September 1995. (Director of Public Works)
Council Chambers
Public Services Building
Regular Meeting of the Citv of Chuta Vista Citv Council
ADDENDUM
OTAY VALLEY ROAD PHASE TWO CHANGE ORDER - The second
phase of the improvement of Otay Valley Road is currently under construction.
This phase will complete the improvement of Otay Valley Road from Nirvana
Avenue to the Otay Rio Business Park. Since the project is under construction
and now is the time to make changes in order to save costs, and since it may be
necessary to widen the improvements to accommodate a proposed project on the
south side of the river (MCA project), staff has been working with the
contractor to make minor changes to accommodate the widening and is
negotiating the change order. Staff recommends Council accept the report and
direct staff to continue negotiating with the contractor and return to Council with
a final report and change order in September 1995. (Director of Public Works)
SUBJECT:
,~~gust 17, 1995
:::nH:~O::::~ ::::r':::g:::r~C~~
City Council Meeting of August 22, 1995
TO:
FROM:
This will transmit the agenda and related materials for the regular
city Council meeting of Tuesday, August 22, 1995. Comments
regarding the written Communications are as follows:
5a. This is a letter from the City Attorney stating that there
were no observed reportable actions taken by the city Council
in Closed Session on August 15, 1995. IT IS RECOMMENDED THAT
THE LETTER BE RECEIVED AND FILED.
5b. This is a petition from the residents of the Canterbury Court
Senior Retirement Center regarding CVT Route 706 trolley. The
residents are requesting that the trolley bus which currently
serves Route 706 be replaced with a regular CVT bus.
currently Route 706 operates with 2 buses: one trolley bus,
and one regular bus. This change would mean that two regular
buses would operate on Route 706. Route 706A, which currently
uses one trolley bus and serves more tourist-oriented
destinations such as the Bayfront trolley station,
Bayfront/Marina area, and the RV park off Second Avenue, would
still operate using a trolley bus. Route 706 carries almost
three times as many passengers as Route 706A, and
approximately 30% of these passengers are senior citizens.
Therefore, operating two regular CVT buses on Route 706 would
accommodate the transportation needs of a large number of
seniors who live in the central Chula vista area.
The Transit Coordinator discussed this proposed change with
the Chamber of Commerce Manager and he had no objection to
this change. In addition, staff presented this proposed
change to the Downtown Association at its meeting on Tuesday,
August 15, 1995 and there were no objections.
THEREFORE, STAFF RECOMMENDS THAT THE CHANGE IN BUSES BE MADE
TO ACCOMMODATE THE REQUEST OF THE PETITIONERS.
5c. IT IS RECOMMENDED THAT THE RESIGNATION OF DAVID HIRSCH FROM
THE CULTURAL ARTS COMMISSION BE ACCEPTED WITH REGRET AND THE
CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE
MADDY ACT IN THE CITY CLERK'S OFFICE AND THE PUBLIC LIBRARY.
5d/e IT IS RECOMMENDED THAT THE RESIGNATIONS OF JENNIFER AYER AND
BRACKEN H. ELLIS FROM THE YOUTH COMMISSION BE ACCEPTED WITH
REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY
ACCORDING TO THE MADDY ACT IN THE CITY CLERK'S OFFICE AND THE
PUBLIC LIBRARY.
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CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
From:
August 16, 1995
The Honorable Mayor and city counfY~
Bruce M. Boogaard, city Attorney t~
Report Regarding Actions Taken in Closed Session
for the Meetings of 8/15/95
Date:
To:
Re:
The City Attorney hereby reports to the best of my knowledge from
observance of actions taken in the Closed session, that there were
no actions taken in the Closed Session of 8/15/95 which are
required under the Brown Act to be reported.
BMB:lgk
C:\lt\clossess.no
~-I
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037
R!CEiVEt)
'95 AIJj -8 P 3 :30
We the,underSigned"resiirtn tS..Of Cant~fbury Court Sen .
. , i Y CJ:\I.Jl......VIS I . . C "
Ret1rement L1V ng locat . ~~~R~eet 1n hula V1sta,
respectfully,petition the Chula Vista City Council to make
the following change to the Chula Vista Transit System.
Remove the trolley bus from route 706.The reasons for this
request are as follows.The trolley bus is inadequate for
the area it serves. Many people in this area are inconvenienced
by the steep stairs in the bus due to the effects of arthritis,
poor vision and an inability to move swiftly and maintain
their balance. The regular bus makes some allowance for the
elderly by lowering the front end to ease the difficulties
< ~~ in boarding and exiting.The trolley bus accommoda~es,only,20
CC~~assengers and quite often it is seriously overloaded.
~?)J
~Kevin Richards and Bob of the Chula Vista Transit have been
contacted and they state that,only,the City Council can make
this decision.
We submit this petition and trust that the City Council will
make every effort to alleviate
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we,the,undersigned,residen~s of canterbury Court Senior
Retirement Living located at 336 C street in Chula vista,
respectfully, petition the Chula vista City Council to make
the following change to the Chula vista Transit system.
Remove the trolley bus from route 706.The reasons for this '
request are as follows.The trolley bus is inadequate for
the area it serves. Many people in this area are inconvenienced
by the steep stairs in the bus due to the effects of arthritis,
poor vision and an inability to move swiftly and maintain
their balance.The regular bus makes some allowance for the
elderly by lowering the front end to ease the difficulties
in boarding and exiting.The trolley bus accommoda~es,only,20
passengers and quite often it is seriously overloaded.
Kevin Richards and Bob of the Chula vista Transit have been
contacted and they state that,only,the City council can make
this decision.
We submit this petition and trust that the City Council will
make every effort to alleviate these conditions.
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We,the,undersigned,residents of Canterbury Court Senior
Retirement Living located at 336 C street in Chula Vista,
respectfully,petition the Chula Vista City Council to make
the following change to the Chula Vista Transit System.
Remove the trolley bus from route 706.The reasons for this
request are as follows.The trolley bus is inadequate for
the area it serves. Many people in this area are inconvenienced
by the steep stairs in the bus due to the effects of arthritis,
poor vision and an inability to move swiftly and maintain
their balance.The regular bus makes some allowance for the
elderly by lowering the front end to ease the difficulties
in boarding and exiting.The trolley bus accommoda~es,only,20
passengers and quite often it is seriously overloaded.
Kevin Richards and Bob of the Chula Vista Transit have been
contacted and they state that,only,the City Council can make
this decision.
We submit this petition and trust that the City Council will
make every effort to alleviate these conditions.
a,f J(~ ,
~~~~~~ ~-~'~
5b~J
Canterbury Court petition signers
1 John Cagney
2 Eva Cagney
3 Freeland Karch
4 Melrose Karch
5 Wilma L Clark
6 Caroline Williams
7 Adele Carmichael
8 Daniel Fedock
9 Lulu Fedock
10 Frances P Reeves
11 Mary Mildenberger
12 Tom Schamberger
13 Lilia Schamberger
14 Lucy Davison
15 Martina M Hubbard
16 Edna Leveille
17 Doris Horman
18 Edith Ryan
19 Olive Strachan
20 Beryl Wicklund
21 Vera M Bender
22 Jeanette W Farnon
23 Olga Kraus
24 Alma Lee Diaz
25 Jean Boodry
26 Kihum Tanake
27 Jeanette Kettler
28 Johnny Staroen
29 Opal Pearson
~O Jeanie Jellison
31 Joseph O'Neal
32 Regina
33 Mary Novelle
34 F.C. Stengel
35 Este M Brehan
36 Joyce Seaman
37 Mary Hyberger
38 Phyllis Kesi:et'c
39 Elizato Logan
40 Evelyn E Cartwright
56-1
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A plea to the Chula Vista City Council for an ~ction item
This petition was signed by 40 people who, decided1-Y, agree with
what it says.They were not pressured in any way to sign it.
Itl.wa'!l left ,on a table in the recreation room at Canterbury
Court and they were free to read it or ignore it.
243 people live in Canterbury Court Apartments.Many of them
have cars.Some rely on their children for transportation.
Possibly,60 to 100 residents use the transit system, notably
bus 706,the trolley bus.
A more extensive survey of these 60 to 100 residents would,
perhaps,reveal a higher percentage of dissatisfied passengers.
Not everyone was aware that th~re was a petition.Route 706
serves an area where there are a great many elderly people
who use the transit system,vho,also,were not informed of a
petition.
The trolley bus is, dangerously, inadequate for the elderly and
infirm who use it.The steps are too narrow and steep. The seats
are limited,only 20,and people stumble while trying to find a
seat.Those carrying bundles are hard put to find a space for
them because it is so limited.A sudden eme.gency stop could
cause passengers to fall forward because there are not any grab
bars to hold onto. THe law requires passengers to wear seat belts
and in some of the seats they would be necessary but they are
not provided.
The trolley bus might be an attractive reminder Of bygone days
but in its time it would not have been adequate for todays
population. With so many hazards inherent in its construction
it would seem inevitable that an accident will occur with
reSUlting lawsuits.
I
with these facts in mind,we ask the City Council to discuss
I
these issues and if in doubt we urge you to ride the trolley
bus to ascertain the facta for your8elves~Bg that you may eee
that it is an inconvenient mods of transportation and the potent-
ial for harm exists
We suggest that the'trolley bus be used as a tourist attraction.
Thers are many places in Chula Vista that the City would be proud
to show.A substantial fare could be charged and the people who
are golng places and seeing things would,probably pay it.They
would rsturn home and tell all of their experience in Chula vista
fp-.r
o
August 22, 1995
FROM:
The Honorable Mayor & City Council
Patricia salva$aYOr/council Receptionist
MEMO TO:
SU8JECT:
AGENDA ITEM 58, AUGUST 22, 1995
Carolyn Butler (422-7237) called this afternoon to express her concern regarding Item
5B on tonight's Council agenda.
Ms. Butler strongly objects to the removal of Route 706 stating that it will effect the many
citizens who depend on this route to get to downtown Chula Vista, especially onto Third
Avenue. Ms. Butler is also concerned about the many business owners who will lose
customers if indeed Route 706 is removed.
t:;/J .' r;
--' /
To Whom It May Concern,
This letter is to inform you of the necessity of my resignation from the Cultural Arts Commission
due to my recent employment with Royal Caribbean Cruise Lines in Miami, Florida. I wish the
Commission the best of luck in promoting the cultural arts in Chula Vista.
Sincerely, I, r, j,
,~ I
j i ~, .,
David Hirsch
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WIDnEr.. COMMUN1CA T~O~\1S
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RECEIVED
'95 Alii 15 PI :10
August 14, 1995
To the City ofChula Vista Youth Commission,
tly IF CHULA VIS11
CIV tlElti<'S OFFICF
As I will be entering college in the fall at the University of California at Santa Barbara, I must
regretfully announce my resignation from the Youth Commission. I have served on the Commission for
exactly one year. In this time I have learned more about my city's government as well as governing
procedures in general. I feel this information. as well as the wonderful people I have met. will stay \\ith
me and aid me throughout college.
I want to thank everybody on the Commission for making my involvement worthwhile. I would
especially like to thank Ty for being such a great chairman. Cathy and Rosemary for being great leaders
for us. and Officer Pugsley for being such a cool guy! I hope to see you all again sometime!
~[fr
CL..'
WRllTEN C.OMMUNICA TIO,~~S
~(V r~/1~
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5"~ /
RECEIVED
Date: August 14,1995
'95 AlE 15 PI :10
~ Ij~~~m6r
To: City ofChula Vista Youth Commission
From: Bracken Ellis, Youth Commissioner
As I will be attending college out-of-state beginning August 23, I am regretfully compelled
to resign from my position as a Chula Vista Youth Commissioner. I have enjoyed serving on the
Youth Commission this past year, and I wish the Youth Commission the best ofluck for the
future.
Sincerely,
:tJ/utda1Y'--' J-I-&~ Eg~
cc-:
WRlnEN COMMUNICA~r~Oa\"I~
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CITY COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item ~
Meeting Date 8/22/95
RESOLUTION ;%t7tJ.J 1) APPROPRIATING $15,000 FROM THE
UNAPPROPRIATED BALANCE OF THE GENERAL FUND FOR A
CONTRACT WITH KEYSER MARSTON ASSOCIATES PLUS
CONTINGENCIES FOR MCA PROJECT REVIEW, AND 2) APPROVING
CONTRACT WITH KEYSER MARSTON ASSOCIATES TO PREPARE A
FINANCIAL ANALYSIS FOR THE PROPOSED MCA AMPHITHEATER IN
OTAY VALLEY IN THE AMOUNT OF $9,500
REVIEWED BY:
Community Developme6~irector
City Manager~ ~~
[5-
SUBMITTED BY:
(4/5ths Vote: Yes.lL No_l
Council Referral No.
BACKGROUND:
Discussions regarding the MCA Amphitheater proposed for the Otay Valley have been ongoing
and negotiations for City participation in the project are underway. Staff feels it would be
beneficial to hire a consultant to prepare a financial analysis of the MCA proposal to determine
the cost/benefit to the City to assist in the bargaining process.
At staff's request, Keyser Marston Associates (KMA) submitted a proposal to conduct the
requested financial analysis. The submittal includes a scope of work which entails a
cost\benefit analysis at a cost of $9,500 and a time element of 14 days following receipt of
data from the City. In addition, staff is recommending the appropriation of $ 5,500 as a
contingency for any additional work that may need to be done to complete negotiations.
RECOMMENDATION:
City Council adopt a resolution: 1) appropriating $15,000 from the unappropriated balance
of the general fund for a contract with Keyser Marston Associates plus contingencies for MCA
project review, and 2) approving a contract with Keyser Marston Associates to prepare a
financial analysis for the proposed MCA Amphitheater in the amount of $9,500.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Keyser Marston Associates proposal entails an analysis of the MCA Amphitheater project
and the net financial benefits of the project to the City. It will compare the direct costs of the
project to the City with the revenues generated to the City. The consultant also will evaluate
the reasonableness of MCA's revenue projections and operating terms of any sublessee.
The study's projections will establish a range of operating results within which the project
should perform. The initial operating and stabilized operating results will then be projected
over the life of the lease and the sales tax revenues and ticket assessments discounted to
?~/
Page 2, Item (; /
Meeting Date -Wi 5
determine the present value of the projected revenue stream. This present value will then be
compared with the one-time capital costs being contemplated to be incurred by the City for
the project. The projections will be in the form of a summary memorandum containing all
assumptions utilized in the analysis.
Keyser Marston & Associates has proposed a fixed fee of $9,500 inclusive of expenses and
one meeting in Chula Vista to present the results of the analysis. Completion in 14 days
following receipt of all necessary data is anticipated. Additional services would be on a time
and expense basis. All work will be conducted in accordance with the City's standard two-
party agreement.
Staff is recommending that the City Council appropriate an additional $5,500 as a
contingency for additional work/review (i.e., consultant's attendance at additional meetings,
follow-up information, operating perform a details) that may be needed to complete successful
negotiations and to provide responsible advise to Council.
City staff has varied expertise in financial matters, however, staff does not have expertise
specific to the development or operation of amphitheaters. Staff is recommending a sole
source award of contract to Keyser Marston Associates because they are experienced in the
financial aspects of amphitheater projects, particularly this MCA proposal, and related issues
and would be the most efficient and effective firm to conduct the desired financial analysis.
(KMA conducted a lease and options analysis for the project earlier in the process when the
firm was on a one year retainer by the City as a financial consultant.)
FISCAL IMPACT:
Funding is available in the unappropriated balance of the General Fund. Funds in the amount
of $15,000 should be deposited into Economic Development Professional Services account
#100-0261-5201 and encumbered for the Keyser Marston Associates contract plus MCA
project review contingencies.
In the most recent twelve month period, less than $12,000 in payments have been made to
Keyser Marston. Therefore, approval of the proposed $9,500 contract will not result in
exceeding $25,000 to this individual service provider during the most recent twelve month
period.
[prb/diskB/mca.113J
~-,2
RESOLUTION
J~~cJ3
RESOLUTION OF THE CITY COUNCil OF THE CITY OF CHUlA VISTA 1)
APPROPRIATING $15,000 FROM THE UNAPPROPRIATED BALANCE OF THE
GENERAL FUND FOR A CONTRACT WITH KEYSER MARSTON ASSOCIATES
PLUS CONTINGENCIES FOR MCA PROJECT REVIEW, AND 2) APPROVING
CONTRACT WITH KEYSER MARSTON ASSOCIATES TO PREPARE A
FINANCIAL ANALYSIS FOR THE PROPOSED MCA AMPHITHEATER IN OTAY
VAllEY IN THE AMOUNT OF $9,500
WHEREAS, Bitterlin Companies has presented a proposal to develop a MCA
Amphitheater in Otay Valley; and,
WHEREAS, discussions between the City of Chula Vista and Bitterlin Companies
regarding the MCA Amphitheater have been ongoing and negotiations for City participation
in the project are underway; and,
WHEREAS, it is the desire of the City Council to hire a consultant to prepare a financial
analysis of the MCA proposal to determine the cost/benefit to the City to assist in the
negotiating process; and,
WHEREAS, Keyser Marston Associates has proposed to conduct the said financial
analysis in accordance with an agreement between the City of Chula Vista and Keyser
Marston Associates; and,
WHEREAS, the City Council has found that city staff has varied expertise in financial
matters, however, does not have expertise specific to the development and operation of
amphitheaters and the City Council has found that Keyser Marston Associates is experienced
with the subject MCA Amphitheater project and related uses and would be the most efficient
and effective firm to conduct the financial analysis; and,
WHEREAS, the City Council has found Keyser Marston Associates to be qualified and
has found the fee quoted for the said financial analysis to be fair and reasonable and has
chosen to select Keyser Marston Associates in accordance with the City Council's consultant
selection policy; and,
WHEREAS, the City Council desires that funds be set aside as a contingency for any
additional work that may need to be undertaken to complete negotiations and to provide the
Council with responsible advise.
NOW THEREFORE, THE CITY COUNCil OF THE CITY OF CHUlA VISTA does hereby
find, order, determine and resolve as follows:
The City Council hereby:
1. Appropriates $1 5,000 from the unappropriated balance of the General Fund to be
deposited into Economic Development Professional Services account #100-261-5201 and
encumbered for Keyser Marston Associates MCA Amphitheater financial analysis and MCA
~'-J
project review contingencies; and,
2. Approves a contract with Keyser Marston Associates to prepare a financial analysis
for the proposed MCA Amphitheater in Otay Valley in the amount of $9,500 on the standard
two party agreement form, in a final form to be approved by the City Attorney, a copy of
which shall be kept on file in the office of the City Clerk and known as document
and authorizes the Mayor to execute same.
PRESENTED BY:
C~ S~~-
Chris Salomone
Community Development Director
APPROVED AS TO FORM BY:
[prb/diskS/MeA.res/]
~-L/
COUNCIL AGENDA STATEMENT
Item--2-
Meeting Date 8/22/95
ITEM TITLE: Resolution / ~df Establishing dates for property owners to be
ready to receive underground service and removal of poles and overhead
facilities within Underground Utility District No. 122 along Fourth
Avenue between "E" Street and State Highway 54
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manage~:6~ (4/5ths Vote: Yes_No X )
~
On June 30, 1992, the City Council adopte Resolution No. 16683 establishing Underground
Utility District 122 along Fourth Avenue between "E" Street and State Highway 54. This
Resolution was approved after a Public Hearing in which all the affected property owners were
notified of the hearing. In accordance with Section 15.32.150 of the Chula Vista Municipal
Code, Resolution No. 16683 states that the City Council shall by subsequent resolution fix the
date upon which the affected property owners must be ready to receive underground service and
the date by which poles, overhead wires and associated structures shall be removed. The
conversion of overhead utilities to underground is scheduled to be completed in November 1995,
not including pole removals.
RECOMMENDATION:
1. Set October 13, 1995 as the date by which property owners within Underground Utility
District No. 122 on Fourth Avenue, between "E" Street and State Highway 54, shall be
ready to receive underground service.
2. Set December 22, 1995 as the date by which poles, overhead wires and associated
structures shall be removed within Underground Utility District No. 122 on Fourth
Avenue between "E" Street and State Highway 54.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On June 30, 1992, the Chula Vista City Council approved Resolution No. 16683 establishing
Underground Utility District No. 122 along Fourth Avenue. The District limits extend from "E"
Street to State Highway 54.
?-/
After a meeting of the Utility Underground Advisory Committee on August 9, 1995, the utility
companies informed Engineering staff that they can meet the following schedule for the
underground conversion district:
Date for Customer to be Ready to
Receive Underground Service
Complete Undergrounding Work and
Remove Overhead Utilities
October 13, 1995
December 22, 1995
All property owners within the district and occupants directly affected by the private conversion
work will be notified by letter after adoption of this resolution. A list of addresses is attached
for council's information.
A transparency showing the district boundaries is available for Council viewing.
FISCAL IMPACT: The cost of undergrounding overhead utilities along Fourth Avenue
between "E" Street and State Highway 54 is estimated to be $2.4 Million. This cost includes
$27,450 to subsidize 20 private service lateral conversions, and will be covered by the SDG&E
allocation fund. Replacement of street lights was funded as part of CIP Project No. TF-149,
"Street Light Installation Program - FY 92/93." Said CIP Project was established to finance the
installation of street lights within Utility Undergrounding Districts. Approximately $34,000 was
spent in FY 93/94 for the installation of street lights within the "F" Street Utility
Undergrounding District. This left a balance of approximately $50,000 in the project's account.
The estimated cost of installing 10 new street lights and relocating 3 existing street lights within
the Fourth Avenue Utility Undergrounding District is $ 47,000.
Enclosures:
Exhibit "A" - List of parcels and property owners qualifying for reimbursement
Exhibit "B" - District Boundary Map
Exhibit "C" - Notification Mailing List
Copy of Resolution No. 16683
SMN:AY-087
WPC F:\home\engineer\agenda\uuservce.122
7-01..
RESOLUTION NO.
/%pJ??~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING DATES FOR PROPERTY
OWNERS TO BE READY TO RECEIVE UNDERGROUND
SERVICE AND REMOVAL OF POLES AND OVERHEAD
FACILITIES WITHIN UNDERGROUND UTILITY DISTRICT
NO. 122 ALONG FOURTH AVENUE BETWEEN "E" STREET
AND STATE HIGHWAY 54
WHEREAS, the city Council has heretofore by Resolution
No. 16683 established Underground Utility District No. 122 along
Fourth Avenue between "E" Street and State Highway 54; and
WHEREAS, it is now desired, pursuant to said resolution,
to fix the date on which affected property owners must be ready to
receive underground service.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
city of Chula vista that the following dates are hereby established
ordering the property owners to prepare properties for receipt of
underground utilities:
1. The property owners within Underground utility
District No. 122 shall be ready to receive underground
service from San Diego Gas and Electric Company on
October 13, 1995.
2. Poles,
structures
Underground
1995.
overhead wires and associated overhead
shall be removed from parcels within
utility District No. 122 by December 22,
BE IT FURTHER RESOLVED that the City Clerk of the city of
Chula vista be, and she is hereby directed to forward a certified
copy of this resolution to all affected utility companies and
property owners.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
Br~~t~
Attorney
C:\rs\UUD
7- 3/7-1
8/07/95
EXHIBIT
"An
FOURTH AVENUE U.U.OISTRICT NO. 122
BETWEEN "E" STREET AND STATE HIGHWAY 54
(Tax APN Info. - 5/4/95)
ALL PARCELS QUALIFYING FOR REIMBURSEMENT
Page
PAR
NO. APN
==========================================================================================================================================================================:====
OWNER'S ADDRESS
SITE ADDRESS
LAND USE
UTILITIES
UNITS UNDERGRDUNDED
LENGTH
REIMBURSEMENT
OlINER
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
7
8
16
18
19
54
56
4
12
46
47
51
52
53
62
88
91
94
98
99
565-140-08-00
565-140-30-00
565-280-06-00
565-280-08-00
565-280-09-00
566-020-04-00
566-020-06-00
565-120-03-00
565-220-10-00
566-010-62-10
566-010-15-00
566-020-01-00
566-020-02-00
566-020-17-00
566-160-16-00
566-190-19-26
566-190-19-37
566-190-19-40
566-190-03-00
566-190-04-00
82 4TH AVE.
84 4TH AVE.
160 4TH AVE.
168 4TH AVE.
172 4TH AVE.
75 4TH AVE.
87 4TH AVE.
50 4TH AVE.
128&132 4TH AVE_
11 4TH AVE.
17&19 4TH AVE.
55 4TH AVE.
59 4TH AVE.
67 4TH AVE.
135 4TH AVE.
151 4TH AVE.-B
157 4TH AVE.-A
161 4TH AVE.-B
179 4T. AVE.
185 4TH AVE.
S.F. HOUSE
S.F. OIIN/DCCUP
S. F. OWN/DCCUP
S. F. OlIN/DCCUP
S.F. OIIN/OCCUP
S.F. OWN/OCCUP
S. F. ICHURCH
YMCA
2 HOUSES
Pet Shop
APARTMENT
APARTMENT
APARTMENT
APARTMENT
APARTMENT
CONDOMINIUM
CONDOM I N IUM
CONDOM I N IUM
APARTMENT
APARTMENT
E
E
E
E
E
E
E
E
2
E
E
E
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
T
C
35
100
40
35
35
50
45
1,800
1,350
900
1,800
1,050
1,350
2,250
1,050
1,050
1,500
1,050
1,050
1,050
1,050
3,000
1,200
1,050
1,050
1,500
1,350
Elias R. & Trinidad Garcia
Ralph D. & Jo A.R. Williams
Mario & Nancy, Carlos & Socorro Estolano
John E. & Martha L. Pike Trust
Leona M.A. Cranford
Lee C. & Ruth S. Noderer
Southbay United Pentecostal Church
City of Chula Vista
CIO City Manager
Southeastern Calif. Asso. of
Seventh Day Adventists
Northern Trust of California
South Bay community Services Inc.
William Vileta & George Shafer
William Vileta
Frederick C. Fogerty
Sumerset Partners Ltd.
Chula Vista Townhomes HOA
CIO Brickrow Property Management
Chula Vista Townhomes HOA
CIO Brickrow Property Management
Chula Vista Townhomes HOA
CIO Brickrow Property Management
Charles M. & Louise F. Erreca
Charles M. & Louise F. Erreca
82 4th Ave.
Chula Vista, CA 91910
84 4th Ave.
Chula Vista, CA 91910
160 4th Ave.
Chula Vista, CA. 91910
168 4th Ave.
Chula Vista, CA. 91910
172 4th Ave.
Chula Vista, C^. 91910
75 4th Ave.
Chula Vista, CA. 91910
395 D St.
Chula Vista, CA. 91910
276 Fourth Ave.
Chula Vista, CA. 91910
POBox 8050
Riverside, CA. 92515
POBox 92990
Chicago, IL 60690
315 4th Ave.
Chula Vista, CA 91910
722 Capistranp Pl. #B
San Diego, CA. 92109
722 Cap;stranp Pl. #B
San Diego, CA. 92109
678 Silvergatre Ave.
San Diego, CA. 92106
345 'IF" St. #230
Chula Vista, CA. 91910
1433 E. 24th St.
National City, CA 91950
1433 E. 24th St.
National City, CA 91950
1433 E. 24th St.
National City, CA 91950
2215 Juan Street
San Diego, CA. 92103
2215 Juan Street
San Diego, CA. 92103
======================================================================================================================================================================~==
7 SINGLE-FAMILY PARCELS HAVE 340 FEET OF TRENCHING AT $30 / FT. = $ 10,200 \ -:----"
13 OTHER PARCELS HAVE 635 FEET OF TRENCHING AT $30/ FT. = $ 17,250 ~""--Y
20- PARCELS -;;5 FEET $--27:450- ~ ~
(m:\uudist\FourthAv\Reimburs.R10)
12
2
5
8
4
4
2
4
4
4
E
E
E
E
E
E
E
E
E
C
C
C
C
C
C
C
60
45
30
60
35
45
75
35
35
50
35
35
35
C
C
C
C
C
C
C
C
C
C
C
C
1- ~
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PAGE 1 OF 2
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PARCELS TO BE REINBURSED
~
DISTRICT BOUNDARy.....................
DRAWN BY:
M.J.!.
DA TE: 5/5/95
E XH I BIT . B .
UTiliTY UNDERGROUNDING DISTRICT - NO. 122
FOURTH AVENUE - FROM "E" STREET TO STATE ROUTE 54
PARCELS RECEIVING REIMBURSEMENTS
AS A RESULT OF REVISING COUNCIL POLICY NO. 585-1
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58 6l!1l8C ..
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0< 0 10l 115 125 h39' 149 151 177 :;;;
.
FOURTH
AVENUE
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PARCELS TO BE REINBURSED ~
PAGE 2 OF 2
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EXHIBIT "B"
UTILITY UNDERGROUNDING DISTRICT - NO. 122
FOURTH AVENUE - FROM "E" STREET TO STATE ROUTE 54
PARCELS RECEIVING REIMBURSEMENTS
AS A RESULT OF REVISING COUNCIL POLICY NO. 585-1
DRAWN BY:
M.J.!.
DA TE: 5/5/95
8111/95
NeLLie Streeter Crane
r-" r 1,._" I I
Santee, CA 92071
6
Eli zabeth Lee
r r J
Chula Vista, CA 91910
9
Westwood
, ,...~
La Mesa,
Farn; Ly Trust
. .l.
CA. 91941
12
Southeastern Calif. Asso. of
Seventh Day Adventists
- - ---
Riverside, CA. 92515
15
Forest & Dixie Dickason Trust
_ f1 _ ..
Mission Viejo, CA 92691
18
John E. & Martha L. Pike Trust
lH
Chula Vista, CA. 91910
20
Ann Frock FamiLy Trust 10-26-89
_.n It ."J II
Desert Hot Springs,CA.92240
23
Norman & Susanna Thompson Trust
AI." 1 I
Chuta Vista, CA. 91911
26
Joel E. & Rosie A. Saavedra
-_.~ - --.
Lemon Grove, CA. 91945
(M:\..Advplan\uudist\FourthAv\4thAVOwn.R3)
EXHIBIT "e"
FOURTH AVENUE
UTiliTY UNDERGROUNDING DISTRICT
PROPERTY OWNER
MAILING LIST
Nellie Streeter Crane
111 1 ._L, ._11_, I
Santee, CA 92071
City of Chula Vista
~/O City Manager
276 Fourth Ave.
Chula Vista, CA. 91910
Elias R. & Trinidad Garcia
fiC lJ
Chula Vista, CA 91910
David Handler Tr
_11. __. __..v ~,.~.
San Diego, CA. 92120
BeLL Living Trust 10-18-88
"7"71::1::... _ ~ .
Bonita, CA. 91902
Mario & Nancy Estolano
& Carlos & Socorro Estolano
1__ ,.... .
Chula Vista, CA. 91910
Leona M.A. Cranford
1 fl ,... "._.
chula Vista, CA. 91910
Viola Diego
IF) ... ..._. ,,_
Chula Vista, CA. 91910
Kathleen Sherman
U. _ l.l. .. _. ..i
Chuta Vista, CA. 91910
lnes Gomez
1iM . J. Ow, or...
Chula Vista, CA. 91910
7-1
Page 1
2
3
Borgerding Investment Compo
C/O Sunbelt Investment Holding
~~ft _ r 11
Delray Beach, FL. 33445
4
5
Pelic & Associates
.-- . -, . ...-~ ..~. ........
La Jolla, CA. 92137
7 8
Ralph D. & Jo A.R. Williams
-, . . .
Chula Vista, CA 91910
10
11
Southeastern Calif. Asso. of
Seventh Day Adventists
r I I __~ft
Riverside, CA. 92515
13
14
Comana Family Trust 03-15-91
C/O BOB WINBERGER
---- I iJI
San Diego, CA. 92108
16
17
Samuel M. & Gloria Montes
.J. __....~ ,,~.
Chula Vista, CA. 91910
19
Homeowner's Association
C/O CASTLE PROPERTY MANAGEMENT
- ._! . - - -
La Mesa, CA. 91941
21
22
Mabel & PhilLip E. Saflar
Chula Vista, CA. 91910
24
25
Joseph C. & Alicia Parker
I. ._. ,,_
Chula Vista, CA. 91910
27
28
Janis L. Gi l
-
Chula Vista, CA. 91910
8/11/95
Raju & Alka Patel
. . .. _. .. ow
Chula Vista, CA. 91910
David T. YOllJlans
l' I
Chula Vista, CA. 91910
Consuela M. Hemry Trust
A_A . .. ...~
Chula Vista, CA. 91910
Richard H. Campbell II
.-- . .. ...-
Chula Vista, CA. 91910
Bruce M. & Aura K. Phillips
II _. ,~ ,
Chula Vista, CA 91911
Irwin KalLman
cia WIN PROPERTYS INC
r
New York, N.Y. 10022
47
South Bay Community Services Inc.
Uli \.1. ...r.
Chula Vista, CA 91910
Brant Revocable Family Trust
11m I I . __I'
San Diego, CA. 92131
FredericK C. Fogerty
.. -
San Diego, CA. 92106
David R. & Diana G. Wilson
Cia COLDWEll BANKER MGT.
Chula Vista, CA. 91910
29
32
35
38
41
44
50
53
55
(M:\..Advplan\uudist\FourthAv\4thAVOwn.R3)
EXHIBIT "C"
FOURTH AVENUE
UTILITY UNDERGROUNDING DISTRICT
PROPERTY OWNER
MAILING LIST
Page 2
30
31
Steve P. & Marie l. Hargas
.-- ' . ",,
ChuLa Vista, CA. 91910
Gewehr Family Trust 06-28.82
I'... -. "".,
San Diego, CA 92110
33
34
Guillermo Rodriguez
......". ......,
Chula Vista, CA. 91910
Orissa J. Bergengren
r I . ,~
Chula Vista, CA. 91910
36
37
Mirko & Sylvia A. Ivanovic
....... '~L. "117'"
Chula Vista, CA. 91910
J. KroweL
.~. .. II
Vista, CA.
91910
Laura
.,
Chula
39
Orkin Inc (Arco Sta.)
Cia ARCO PS&T TAX DEPT/#05397
r I I i'U
Los Angeles, CA. 90051
40
Bruce M. & Aura K. Phi II ips
.- ,
Chula Vista, CA 91911
42
43
Manuel & Gertrude B. AdLer
J~~ ", .
chuLa Vista, CA 91910
Chula-Linda Associates
Cia KINNEY SHOE CORP. 15063
. _ __n _~~..
Harrisburg, PA. 17105
45
46
Dee A. Gustafson
In _ r'" -~
La Mesa, CA 91941
Northern Trust of California
uno
Chicago, Il 60690
48
49
Southbay Community Services, Inc.
oJ ,... ....." "...
Chula Vista, CA 91910
Barbara Hickey Orsa
CIO ERICA ORSA
'!1 '.
Chula Vista, CA 91910
51
William ViLeta & George Shafer
"'f!l. ,....'..
San Diego, CA. 92109
52
Will i am ViLeta
Fl.. ,-' "Ii
San Diego, CA. 92109
54
lee C. & Ruth S. Noderer
n" .
ChuLa Vista, CA. 91910
56
Southbay United Pentecostal Church
"!In
chuLa Vista, CA. 91910
57
Southbay United Pentecostal Church, Inc
, .... ......~ ~.-
San Diego, CA. 92149
7~/t/
8/11/95
Southbay United Pentecostal Church. Inc.
r - - - ,
San Diego, CA. 92149
60
Curtis D. Cline
~-- , . .
Chula Vista, CA. 91910
87a
Chuta Vista Townhomes HOA
C/O Srickrow Property Management
....,...... -
National City, CA. 91950
89
Mary Jo Eaton
11 .. "
Chula Vista, CA
91910
92
Eugene P. & Jacquelyn I. Day
.~, .... l
chuta Vista, CA 91910
95
Margaret Santos
III .n ".~. ......
Chuta Vista, CA 91910
98
Charles M. & Louise F. Erreca
1111 .__..
San Diego, CA. 92103
TOTAL NUMBER OF PROPERTY OWNERS - 79
(M:\..Advplan\uudist\FourthAv\4thAVOwn.R3)
EXHIBIT
"e.
FOURTH AVENUE
UTILITY UNDERGROUNDING DISTRICT
PROPERTY OWNER
MAILING LIST
Page 3
58
59
Juan C. & Avelina M. Gonzalez
--- I .
Chula Vista, CA. 91910
Juan C. & Avelina M. Gonzalez
!f j ..' -'
Chula Vista, CA. 91910
61
62
Sumerset Partners Ltd.
. I r ---
Chula Vista, CA. 91910
Sumerset Partners Ltd.
.,,~ .~.. 111
ChuLa Vista, CA. 91910
87b
88
Hector & Maria D. J. AvaLos
,~, ,~" ...~., u..
ChuLa Vista, CA 91910
Eugene Cardenas
,-, _.~"~ ...~.
Chula Vista, CA 91911
90
91
Qublan E. & ELizabeth Q Adely
,..... ..~ ~-",-,
Chula Vista, CA 91911
Geraldine J.
Iff'
Chuta Vista,
Lloyd
..
CA 91910
93
94
Audrey Bellemans
1" . " ~,.
Chula Vista, CA 91910
John P. Tomassini
... . " ....n
ChuLa Vista, CA 91910
96
97
Mary C. ODonneL
I
Chula Vista, CA 91910
Ash Properties
fir, ...~, "', rrl"TJ
Newport Beach, CA 92660
99
100
CharLes M. & Louise F. Erreca
'-. ...~ .
San Diego, CA. 92103
Estate of Burton C. Leach
C/O TUPPER PETTIT
~... ~, - ...
ula Vista, CA. 91910
;-//
EXHIBIT
"e"
8/11/95
FOURTH AVENUE
UTILITY UNDERGROUNDING DISTRICT
OCCUPANT LIST
(directLy affected by private conversion)
Page
4 7 8
OCCUPANT OCCUPANT OCCUPANT
~ft 1m T I 84 4 TH AVE.
CHULA VISTA, CA. 91911 CHULA VISTA, CA. 91911 CHULA VISTA, CA. 91911
11 16 18
OCCUPANT OCCUPANT OCCUPANT
160 4 TH AVE. 168 4 TH AVE.
CHUlA VISTA, CA. 91911 CHUlA VISTA, CA. 91911 CHUlA VISTA, CA. 91911
19 46 47
OCCUPANT OCCUPANT OCCUPANT
If" "T'" ......... 11 4TH AVE. 17 4TH AVE. #A
CHUlA VISTA, CA. 91911 CHUlA VISTA, CA. 91911 CHUlA VISTA, CA. 91911
47 47 47
OCCUPANT OCCUPANT OCCUPANT
.. .- ,,~ 17 4TH AVE. #C 17 4TH AVE. #D
CHULA VISTA, CA. 91911 CHUlA VISTA, CA. 91911 CHUlA VISTA, CA. 91911
47 47 47
OCCUPANT OCCUPANT OCCUPANT
11 ... ...-. 17 4TH AVE. #F 17 4TH AVE. #G
CHUlA VISTA, CA. 91911 CHUlA VISTA, CA. 91911 CHULA VISTA, CA. 91911
47 47 47
OCCUPANT OCCUPANT OCCUPANT
., .... .. 17 4TH AVE. #1 17 4TH AVE. #J
CHULA VISTA, CA. 91911 CHUlA VISTA, CA. 91911 CHUlA VISTA, CA. 91911
47 47 51
OCCUPANT OCCUPANT OCCUPANT
.r ,,,. .. 17 4TH AVE. #l 57 4TH AVE.
CHULA VISTA, CA. 91911 CHulA VISTA, CA. 91911 CHULA VISTA, CA. 91911
51 52 52
OCCUPANT OCCUPANT OCCUPANT
59 4TH AVE. #1 59 4TH AVE. #2
CHULA VISTA, CA. 91911 CHUlA VISTA, CA. 91911 CHUlA VISTA, CA. 91911
52 52 52
OCCUPANT OCCUPANT OCCUPANT
~, .. 59 4TH AVE. #4 59 4TH AVE.
CHULA VISTA, CA. 91911 CHUlA VISTA, CA. 91911 CHULA VISTA, CA. 91911
B 53 53
OCCUPANT OCCUPANT OCCUPANT
"j . row... 67 4TH AVE. #2 67 4TH AVE. #3
CHUlA VISTA, CA. 91911 CHUlA VISTA, CA. 91911 CHUlA VISTA, CA. 91911
(M:\...Advplan\UUdist\FourthAv\OcupNote.Rl)
7~/;L
EXHIBIT
"en
8/11/95
FOURTH AVENUE
UTILITY UNDERGROUNDING DISTRICT
OCCUPANT 1I ST
(directly affected by private conversion)
Page 2
53
53
53
OCCUPANT
67 4TH AVE. #4
CHULA VISTA, CA. 91911
OCCUPANT
67 4TH AVE. #5
CHULA VISTA, CA. 91911
OCCUPANT
67 4TH AVE. #6
CHULA VISTA, CA. 91911
53
53
54
OCCUPANT
67 4TH AVE. #7
CHULA VISTA, CA. 91911
OCCUPANT
67 4TH AVE. #8
CHULA VISTA, CA. 91911
OCCUPANT
75 4TH AVE.
CHULA VISTA, CA. 91911
56
62
62
OCCUPANT
87 4TH AVE.
CHULA VISTA, CA. 91911
OCCUPANT
135 4TH AVE. #A
CHULA VISTA, CA. 91911
OCCUPANT
135 4TH AVE. #8
CHULA VISTA, CA. 91911
62
62
87
OCCUPANT
135 4TH AVE. #C
CHULA VISTA, CA. 91911
OCCUPANT
135 4TH AVE. #0
CHULA VISTA, CA. 91911
OCCUPANT
lS1 4TH AVE.-A
CHULA VISTA, CA. 91911
88
89
90
OCCUPANT
151 4TH AVE."B
CHULA VISTA, CA. 91911
OCCUPANT
151 4TH AVE."C
CHULA VISTA, CA. 91911
OCCUPANT
151 4TH AVE."Q
CHULA VISTA, CA. 91911
91
92
93
OCCUPANT
157 4TH AVE."A
CHULA VISTA, CA. 91911
OCCUPANT
157 4TH AVE.-B
CHULA VISTA, CA. 91911
OCCUPANT
161 4TH AVE.-A
CHULA VISTA, CA. 91911
94
95
96
OCCUPANT
161 4TH AVE.-B
CHULA VISTA, CA. 91911
OCCUPANT
161 4TH AVE."C
CHULA VISTA, CA. 91911
OCCUPANT
161 4TH AVE."Q
CHULA VISTA, CA. 91911
98
98
98
OCCUPANT
179 4TH AVE.
CHULA VISTA, CA. 91911
OCCUPANT
179 1/2 4TH AVE.
CHULA VISTA, CA. 91911
OCCUPANT
181 4TH AVE.
CHULA VISTA, CA. 91911
98
99
99
OCCUPANT
181 1/2 4TH AVE.
CHULA VISTA, CA. 91911
OCCUPANT
185 4TH AVE.
CHULA VISTA, CA. 91911
OCCUPANT
185 1/2 4TH AVE.
CHULA VISTA, CA. 91911
99
99
OCCUPANT
187 410 AVE.
CHUlA VISTA, CA. 91911
OCCUPANT
187 1/2 4TH AVE.
CHULA VISTA, CA. 91911
TOTAL NUMBER OF OCCUPANTS " 59
(M:\...Advplan\UUdist\FourthAv\OcupNote.Rl)
7,,/3
RESOLUTION NO. 16683
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 122 ON FOURTH
AVENUE FROM "E" STREET TO A POINT APPROXIMATELY 100 FEET SOUTH
OF STATE HIGHWAY 54 AND AUTHORIZING THE EXPENDITURE OF
ALLOCATION FUNDS TO SUBSIDIZE SINGLE-FAMILY RESIDENTIAL
SERVICE LATERAL CONVERSIONS
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, by Resolution No. 16605, a public hearing was called for 6:00 p.m.
on Tuesday, the 23rd day of June, 1992, in the Council Chambers of the City of
Chula Vista at 276 Fourth Avenue in said City, to ascertain whether the public
hea lth, safety or welfare requi res the removal of poles, overhead wi res and
associated overhead structures and the underground installation of wires and
facil ities for supplying electric, communication or similar or associated service
within that certain area of the City more particularly described as follows:
All that property lying along Fourth Avenue from "E" Street to a
point approximately 100 feet south of State Highway 54 and enclosed
within the boundary as shown on the plat attached hereto as
Attachment "A" of subject Underground Util ity Di stri ct.
and,
WHEREAS, notice of such hearing has been given to all affected property
owners as shown on the last equalized assessment roll, and to the utility
companies concerned in the manner and for the time required by law; and,
WHEREAS, such hearing has been duly and regularly held, and all persons
interested have been given an opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds and determines that the public health, safety and welfare
requires the removal of poles, overhead wires and associated structures, and the
underground installation of wires and facilities for supplying electric,
communication or similar associated services, the above-described area is hereby
declared an Underground Utility District, and is designated as such in the City
o(Chula Vista. Attached hereto, marked Exhibit "A", and incorporated herein by
reference is a map delineating the boundaries of said District.
BE IT FURTHER RESOLVED that the City Council shall, by subsequent
reso 1 ut ion, fi x the date on whi ch affected property owners must be ready to
receive underground service, and does hereby order the removal of all poles,
overhead wires and associated overhead structures and the underground
installation of wires and facilities for supplying electric, communication or
similar associated service within said Underground Utility District.
BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify
all affected utilities and all persons owning real property within said
7~)5
Resolution No. 16683
Page 2
Underground Utility District of the adoption of this resolution within fifteen
days after the date of said adoption. Said City Clerk shall further notify said
property owners of the necessity that, H they or any person occupying such
property desires to continue to receive electric, communication or other similar
or associated service, they, or such occupant shall, by the date fixed in a
subsequent resolution provide all necessary facility changes on their premises
so as to receive such service from the lines of the supplying utility or
utilities at a new location, subject to the applicable rules, regulations and
tariffs of the respective utility or utilities on file with the Public Utilities
Commission of the State of California as of the date of adoption of this
resolution. Such notification shall be made by mailing a copy of this resolution
to affected property owners as shown on the last equalized assessment roll and
to the affected utility companies.
BE IT FURTHER RESOLVED that the Ci ty Council hereby fi nds that the
Underground Utility District herein created is in the general public interest for
the following reasons:
1. Fourth Avenue is a major entrance into the City of Chula Vista. The
undergrounding of exi sting overhead uti 1 ities wi 11 contri bute to the
creation of an aesthetically pleasing access into the City from the north.
2. Fourth Avenue is classified to be a six-lane major street between Highway
54 and "e" Street and a four-lane major street between .C" Street and "E"
St reet.
3. The City will use SDG&E allocation funds based on Rule 20-A Distribution
Formula to fund this project.
4. Undergrounding has been completed on Fourth Avenue south of "E" Street,
thus maki ng the proposed di stri ct an extensi on of an undergrounded
section.
BE IT FURTHER RESOLVED that the expenditure of $11,400 of allocation funds
to subsidize 8 single-family residential service lateral conversions is hereby
authorized.
Presented by
Approved as to form by
rt.-l1'1:-~,~z]
Joht P. Li ppi tt
Director of Public Works
Bruce M. Boogaard
City Attorney
7-/?
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~ : FOURTH. AV.ENUE -
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UTILITY UNDER GROUNDING DISTRICT - NO. 122
FOURTH AVENUE
Dafta 2/17192
BETWEEN -E- STREET AND STATE HIGHWAY 64
EXHIBIT wA-
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UTILITY UNDERGROUNDING DISTRICT - NO. 122
FOURTH AVENUE
Daftl 2/17192
BETWEEN -E- STREET AND STATE HIGHWAY 64
EXI-IIBIT -A-
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w
Resolution No. 16683
Page 5
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 30th day of June, 1992, by the following vote:
YES: Councilmembers: Grasser Horton, Malcolm, Moore, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Rindone
~../-. ;
~ // '/
c-~ /' (h':/!/ ?~- -
Tim Nader, Mayor
ATTEST:
I
"7/
Beverly A.
'." \ ."
;
!
Authelet, City Clerk
STATE OF CALIFORNIA ~
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
ss.
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16683 was duly passed, approved,
and adopted by the City Council held on the 30th day of June, 1992.
Executed this 30th day of June, 1992.
,
. I
-:, ,. /. / /' -.~ /- /~ ~
.'A l...il.( /. l{.U(J~- L.r-
Beverly A~ Authelet, City Clerk
.,.--,
7-/~
COUNCIL AGENDA STATEMENT
Item 1. I
Meeting Date 8/22/95
SUBMITTED BY:
Report on Otay Valley Road Phase 2 Change Order
Director of Public wor~~
City Manager~ '() ~ (4/5ths Vote: Yes_NoX)
ITEM TITLE:
REVIEWED BY:
The second phase of the improvement of Otay Valley Road is currently under construction.
This phase will complete the improvement ofOtay Valley Road from the end of the first phase
project at Nirvana Avenue to the Otay Rio Business Park. Since the project is under
construction and now is the time to make changes in order to save costs, and since it may be
necessary to widen the improvements to accommodate a proposed project on the south side of
the river (MCA project), staff has been working with the contractor to make minor changes to
accommodate the widening and is negotiating the change order.
RECOMMENDATION: Accept the report and direct staff to continue negotiating with the
contractor to accommodate the proposed MCA project and return to Council with a final report
and change order in September 1995.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The improvements as designed and bid consist of constructing two traffic lanes in each
direction separated by a concrete median barrier from Nirvana to the point where the road
begins the curve to the south. From that point the roadway narrows to provide 2 lanes
southbound and one lane northbound. The bridge across the Otay River is being widened to
52 feet in width to accomodate those three lanes plus bicycle lanes on each side. The project
as bid also included placing the ultimate fill required for the future expansion to meet the six
lane general plan requirements for the east-west portion of the project so that the City does not
have to deal with future environmental problems.
MCA is currently processing preliminary plans for an amphitheater within the Otay Rio
Business Park south of Otay Valley Road. The Otay Valley Road phase 2 improvements will
provide access to the proposed amphitheater. During the peak traffic periods immediately
before and after concerts, 3 lanes of traffic in the peak flow direction are required. Since the
project as bid does not provide that number of lanes staff looked at options that will allow the
traffic to access the amphitheater site with minimal congestion. It was determined that the
median barrier could be eliminated, and replaced with a full three lanes westerly direction, a
raised median and two lanes in the eastbound direction constructed. In addition, minor
modifications, including some additional fill and pavement widening, made on the north-south
7./ -/
Page 2, Item 1, /
Meeting Date 8/22/95
portion of the road to allow for three lanes of traffic in the peak direction through the use of
reversible lanes.
The north-south section of roadway needs some minor additional fill, and the roadway, except
on the bridge, widened to provide a normal cross section of one lane in each direction with a
24 foot wide painted median. The bridge, which as indicated, is already being widened to 52
feet, could be restriped to eliminate the bicycle lanes and carry the same lane configuration of
I lane in each direction plus a 24 foot wide painted island. Such work would allow the use
of the wide median as two reversible lanes to handle peak traffic flow into and out of the
amphitheater. All of these changes can be made more cost effectively now than later when the
street contruction is complete and improvements constructed now have to be removed.
Staff estimated that the additional cost to do all of the changes needed to accomodate the
increased peak hour traffic is $307,000. Because plans showing all of the changes have not
been completed, this estimate includes a large contingency of 20% which should cover the cost
of items not seen without detailed plans and the cost of redesign. This estimate includes the
amount of credit the City would receive by eliminating the concrete median barrier rail, crash
cushions, slightly reduced fill, base and asphalt paving. A copy of staff s cost estimate is
attached. In reviewing the proposed widening, staff also looked at the cost of doing this same
widening as a separate project sometime in the future. The estimate for that work was in
excess of $600,000 in current dollars. Therefore, the City saves the difference of $293,000 by
doing the work now. Based on the ultimate savings staff determined that the proposed change
was a good investment for the future in light of our economic development efforts whether or
not the MCA project materializes. This improvement enhances our ability to attract industry
needing good access if the MCA project does not materialize. Therefore, we started
negotiations with the contractor to increase the scope of work.
Because the contractor is moving ahead with the project, staff has directed them to change the
grading to accomodate the widened roadway. Since the amount of fill needing to be imported
will actually be less, the grading change will be a minor change in the final quantities resulting
in a savings of approximately $7,000 to this item. It does not require a change order at this
point, but will be part of the overall wrap up of the final quantities.
Another item of work that was affected by this change is the installation of the inlets on the
storm drains. The original design utilized temporary inlets that are not appropriate to the final
design. These have been changed to the standard inlet structure. That work has been
completed. In reviewing the design for this change order, staff believes that the change in inlet
structure is appropriate whether or not the widening is approved.
The next phase of work affected by the proposed change is the installation of the median curb.
This work is expected to begin in early September.
In order to minimize the design changes, staff made a determination that it was most cost
effective to work with the contractor as they proceed with each item as they proceed since
most of the work has unit prices from the bid. With the few minor items that do not have bid
{.I- :L
_J
, .
Page 3, Item 7. I
Meeting Date 8/22/95
items, staff will negotiate a separate change order. Therefore, except for a few items, there
will not be an overall change order, but rather a series of changes to the final quantities.
Staff has also reviewed the budget accounts for this project and the phase one project (I-805
to Nirvana). The phase two project is partially funded under the same CIP project as the phase
one project and partially under a separate CIP project. The phase one project is funded with
Assessment District funds which may not be used for non-district work and City matching
dollars. Pending a final accounting on the phase one project it is difficult to determine whether
any of the City matching funds would be available. However, it appears that there are some
contingency funds in the phase two project to cover some of this additional work. Further, the
Broadway, I Street to L Street project, which is nearing completion may have funds remaining
which could be tranferred to assist in covering the additional work. Last, the City has a
general project earmarked in Transnet Funds (SANDAG 1/2% Sales Tax) in the RTIP. These
Transnet funds, which have not been appropriated in the City's ClP budget, could be
appropriated to cover any additional needs to complete this widening. When the project
reaches the stage where the funds are needed staff will request an additional appropriation.
Staff is continuing to work on the change orders neccesary to implement this additional work.
FISCAL IMPACT: Total cost of the change order including staff costs and contingencies is
approximately $307,000. To date a small amount of the work has been done, which actually
has reduced the cost of the project. Doing this modification now, while construction is on-
going, could save the City nearly $300,000 in future costs.
CLS:
File No. ST-123
m:\home\engineer\agenda \ovrco.cls
7/-3
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CITY OF CHULA VISTA - ENGINEERING DIVISION
COST ESTIMATE
PROJECT TITLE: OT A Y V ALLEY ROAD
PHASES II& III
Date:
Prepared By:
6114/95
M.C.
File No.
AO-088
AO-087
ENGINEER'S
NO. ITEM QUANTITY UNIT ESTIMATE
ADDITIONAL COST UNIT COST TOTAL
I 6" AC PAVEMENTS 3900 TONS $29.75 $116,025.00
2 8" AG BASE 4200 TONS $15.22 $63,924.00
3 10" SELECT BASE 5260 L.F. $5.60 $29,456.00
4 YPE B-2 CB. & GTR.lMEDIAN) 920 L.F. $15.00 $ 13,800.00
5 YPE B-1 CB.lMEDIAN) 4640 L.F. $11.00 $51,040.00
6 SIGING & STRIPING UMPSUM L.S. $22,000.00 $22,000.00
7 REMOVAL AND DISPOSAL OF EXIST. IMP. LUMP SUM L.S. $5,000.00 $5,000.00
8 EXCA VA TION & GRADING LUMP SUM L.S. $5,000.00 $5,000.00
9 18" RCP FOR MEDIAN 425 L.F. $32.80 $13,940.00
10 IDRAIN INLET (MEDIAN) 2 EA. $2,200.00 $4,400.00
13 ISTREET DRAIN INLET 3 EA. $3,500.00 $10,500.00
14 ISTREET DRAIN INLET {PHASE Il I EA. $3,500.00 $3,500.00
15 ONSTRUCTION SURVEYING UMP SUM L.S. $15,000.00 $15,000.00
16 !':TREET LIGHT CONDUIT IMP. UMP SUM L.S. $5,000.00 $5,000.00
CONSTRUCTION COST $358,585.00
0% CONTINGENCIES $71,717.00
TOTAL CONSTRUCTION COST $430,302.00
)EDUCTION COST
I "AC PAVEMENTS 1320 TONS $29.75 $39,270.00
2 " AG BASE 1700 TONS $15.22 $25,874.00
3 10" SELECT BASE 1900 TONS $5.60 $10,640.00
4 'ONCRETE BARRIER UMPSUM L.S. $91,765.00 $91,765.00
5 REMANET CRASH CUSHION UMPSUM L.S. $7,200.00 $7,200.00
6 'ATCH BASIN PLUG 3 EA. $600.00 $1,800.00
TOTAL DEDUCTION COST $176,549.00
EXTRA CONSTRUCTION COST IS NEEDED $253,753.00
TAFF (DESIGN & TRAFFIC\ $53,000.00
GRAND TOTAL IS NEEDED $306,753.00
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COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 8/22/95
ITEM TITLE:
Public Hearing to consider the vacation of various streets in Otay Rio
Business Park
(4/5 Vote: Yes_ No X)
SUBMITTED BY: Director of Public Works
REVIEWED BY:
City ManageU~ 'o~
MCA Concerts, Inc. has submitted plans for the construction of an amphitheater on Otay Valley
Road, south of the Otay River. The plans show the project occupying the property now known
as Otay Rio Business Park (see Exhibit "A"), a subdivision project whose public improvements
were completed in 1993. None of the lots in the subdivision were developed, however. MCA's
plans include the abandonment of four streets within the business park in order to construct the
amphitheater.
-""
The Council adopted Resolution No. 17975 at its meeting on July 25, 1995, setting the date of
August 22, 1995 as the date for the public hearing.
The Council stated at the meeting the matter should not go forward until the project is approved
and the business terms are accepted. Since the business terms are not completed and the project
is not ready for a Council action staff, therefore, recommends that this item be continued to the
meeting of September 5, 1995.
RECOMMENDATION:
That Council continue the hearing until September 5, 1995.
BOARDS/COMMISSIONS RECOMMENDATION: None
FISCAL IMPACT: NA
Attachments: Resolution Ordering Vacation (with legal description)
Exhibit "A" (Plat of subdivision showing streets to be vacated)
Exhibit "B" (Plat showing part of proposed development)
JWH
[M:I.. . AGENDA IPV -064PH.JPLj
ff'/ ~~:L
,
RESOLUTION NO.1 7975
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA OF INTENTION TO CONSIDER WITHOUT
RECOMMENDATION VACATING VARIOUS STREETS IN OTAY
RIO BUSINESS PARK AND SETTING A DATE FOR A PUBLIC
HEARING THEREON
WHEREAS, MCA Concerts, Inc. has submitted plans for the construction of an
amphitheater on Otay Valley Road, south of the Otay River; and
WHEREAS, the plans show the project occupying the property now known as
Otay Rio Business Park, a subdivision project whose public improvements were completed in
1993, but none of the lots in the subdivision were built on; and
WHEREAS, MCA's plans include the abandonment of four streets within the
business park in order to construct the amphitheater; and
WHEREAS, in accordance with the California Streets and Highways Code, in
order to consider a request for such vacation, the Council must first hold a public hearing.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby set a public hearing on August 22, 1995 at 6:00 p.m. in the Council
Chambers, 276 Fourth Avenue, Chula Vista, CA. to consider without recommendation
vacating various streets in Otay Rio Business Park as shown in Exhibit "A".
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to post the
notice of the public hearing in accordance with the Streets and Highways Code and City
ordinances.
Presented by
'~m by
W/~
"f()hn P. Lip t
tbirector of Public Works
ogaard
y
g~J
.
~
Resolution No. 17975
Page 2
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Resolution No. 17975
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 25th day of July, 1995, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilla Rindone, Horton
-
, . NAYES: Councilmembers: None
" ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
ATTEST:
IJ (! /i /) f
'i5_U(,jJ~ '--< {(u7ic 0.-1.
Beverly A.! Authelet, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 17975 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 25th day of July,
1995.
Executed this 25th day of July, 1995.
~tC" t) (2u:f{tg
Beverly A. Authelet, City Clerk
g-,S
LEGAL DESCRIPTION
V ACA nON OF CASTLE PINES AVENUE,
GLEN EAGLES DRIVE, TURNBERRY DRIVE,
AND SPYGLASS HILL ROAD
WITH UTILITY EASEMENT RESERV A nONS
BEING A PORTION OF Chula Vista Tract No. 87-6, Otay Rio Business Park, Unit No. I, according
to Map thereof No. 12458, on file in the office of the County Recorder of San Diego County, in the
City ofChula Vista, County of San Diego, State of California, more particularly described as follows:
Being all those portions of Castle Pines Avenue (1.59 acres, more or less), Glen Eagles Drive
(1.56 acres, more or less), Turnberry Drive (1.73 acres, more or less), and Spyglass Hill Road
(3.33 acres, more or less), as shown on said Map No 12458.
RESERVING AND EXCEPTING from vacation and abandonment, to the City of Chula Vista
easements and right-of-way for, or rights to construct, operate, maintain, replace, enlarge and repair
sewer and storm drain facilities and their related appurtenant structures in, upon, over and across that
certain real property situated in the City of Chula Vista, County of San Diego, State of California,
and more particularly described as all of said Castle Pines Avenue and Spyglass Hill Road, together
with the right to enter upon and to pass and repass over and along said easement and right-of-way
and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers,
agents and employees, and by any contractor, his agents and employees engaged by said City,
whenever and wherever necessary for the purposes above set forth.
Contains 4.92 acres, more or less.
RESERVING AND EXCEPTING from vacation and abandonment, to the Otay Water District
easements for and right-of-way for, or right to construct, operate, maintain, replace, and repair water
facilities and their related appurtenant structures and the rights of ingress and egress for such
purposes in that certain real property situated in the City of Chula Vista, County of San Diego, State
of California, and more particularly described as all of said Castle Pines Avenue and Spyglass Hill
Road
Contains 4.92 acres, more or less.
RESERVING AND EXCEPTING from vacation and abandonment, easements and rights to Pacific
Bell, a corporation, pursuant to any existing franchise or renewals thereof, or otherwise, at any time,
Page I
8'---7
or from time to time to construct, maintain, operate, replace and remove aerial and underground
communication structures consisting of conduits, cables, wires, poles and other necessary and
appurtenances, together with the right of ingress and egress to protect the property from all hazards
in, under and upon said Spyglass Hill Road, Castle Pines Avenue, Turnberry Drive and Glen
Eagles Drive
Contains 8.21 acres, more or less.
RESERVING AND EXCEPTING from vacation and abandonment, an easement to City of San
Diego for access purposes upon, over and across that certain real property situated in the City of
Chula Vista, County of San Diego, State of California, and more particularly described as all of said
Spyglass Hill Road, together with the right to enter upon and to pass and repass over and along said
easement and right-of-way and to deposit tools, implements and other materials thereon by said City
San Diego
Contains 3.33 acres, more or less.
RESERVING AND EXCEPTING from vacation and abandonment, easements and rights to San
Diego Gas and Electric Company, a corporation, pursuant to any existing franchise or renewals
thereof, or otherwise, at any time, or from time to time to construct, maintain, operate, replace, renew
remove or enlarge lines of pipe, conduits, cables, wires, poles or other structures, equipment and
fextures for the operation of gas pipe lines, and for the transportation of gas and/or electrical energy
for the incidental purposes thereof, induding ingress and egress, to protect the property from all
hazards in, under and upon said Spyglass Hill Road, Castle Pines Avenue, Turnberry Drive and
Glen Eagles Drive
Contains 8.21 acres, more or less.
NO BUlLDINGS AND/OR STRUCTURES shall be erected, walls constructed, fences built nor trees
planted upon the easements herein described.
Page 2
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LEtiENO:
1// / / /J - StREETS To 8E VACATE/)
LOT NUMBERS
ORAWN BY
L.M. G.
TIT L E
OATE 2 -/5 - 90
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FILE NO.
?'7tJ EXHIBIT "B'f
OWN BY:
DATE:
PUBUC HEARING CHECK UST
PUBLIC HEARING DATE: . ~'3/j r;-
SUBJECT: c;A;~~;.f"~ ~ ~~.h'~ . "-
LOCATION: ~~..... ~p~ h>. ~ c?iY~~~ i?'~
SENT TO STAR NEWS FOR PUBLICATION u BY FAX ~"~ HAND ~ ; BY MAIL ~..,
PUBLICATION DATE 'i5/;~ 4- 8"'//9/'l~
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MAILED NOTICES TO PROPERTY OWNERS Y/l NO. MAILED ~-9
PER GC ~54992 Legislative Staff, Construction Indusny Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
LOGGED IN AGENDA BOOK ~/~/9S
COPIES TO:
.
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Engineering :tJ 9/1'.>'
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POST ON BULLETIN BOARDS ?/;/73
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SPECIAL INSTRUCTIONS:
7/93
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MEMORANDUM
August 3, 1995
File No. PV-064
TO:
&",1, Auiliold, Ci~ CI,,' iiJ.t, '
John W. Hardesty, Permits Eng'ir
FROM:
SUBJECT:
Notice for Star News Regarding Street Vacation
::::::::::::~-::~:::::~:~::::~:::-.:::::::~::::(,::::::::::~:::::::::::~::::~::::~::::$::::::::::::::::::::~:::::::::~::::~:8:::8:::~8:::8:::~::::::::::~:~:~:~:'::~:':~:~:"::::~:;:~::;::::::::::;:::::::::::::::::::~:::::::::~:::::::::::::~:~:::~~~::~::::8:::8::::~::::::~~:~::::~::::8:::~:~:t::~:t::~:8:':::
::::,::::~:::::::::::;:::::,,:::::;::,,::::,,::::~:::::::::::::::::::::
.--.--,------------------,-------_..
Beverly, attached is the notice of public hearing for the vacation of various streets in Otay Rio
Business Park pursuant to Council Resolution 17975. Please forward to the Star News in time to
have it published t~o c()Esec;utiv~_""~e~s before the hearing scheduled for August 22nd.
If you have any problems with the time limits, let me know. Or if you have any questions, give
me a call at 5115.
Thank you.
JWH
Attachment
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"t.,~~
ellY OF
CHULA VISTA
OFFICE OF THE CITY CLERK
TELEFAX COVER LETlliR
Telecopier No. (619) 585-5612
DATE:
r/~5'3
TO: Star News Le~all Teresa
FAX NO: (619) 426-6346
FROM: C~./
,
SUBJECT: ~; oy.,...~ 1~?cP
TOTAL NO. PAGES (including cover): c2-
PUBLICATION DATE:
8);.;2./95 0;-
/ /
8)03
/ /
If all pages are not received, please call Carla @ (619)691-5041.
If----) J
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5041
@...""""-....
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing for consideration to vacate various streets in the Otay Rio Business Park.
The vacation request was filed by MCA Concerts, Inc. Details are available in the
Department of Public Works, Engineering Division, located in the Public Services Building,
276 Fourth Avenue.
Staff is recommending that the vacation be granted by Council after finding that all facets
exist warranting vacation. 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 someone else raised at the public
hearing described in this notice, or in written correspondence delivered to the City Clerk's
Office at or prior to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL, in accordance
with Council Resolution of Intention Number 17975, on Tuesday, August 22, 1995, at 6:00
p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time
any person desiring to be heard may appear.
DATED: August 9, 1995
15'/1
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
/8't)"~
Resolution Approving the amended Memorandum of Understanding (MOU)
between the City and California Business Incubator Network (CBIN) and the related
subcontract between the California Business Incubator Network and Business Cluster
Development
/ c.,.
Community Development ~c:or v~
City Manager j~ W. ~,
U ..-:;
Item1
Meeting Date 8/22/95
ITEM TITLE:
REVIEWED BY:
(4/5ths Vote: Yes_No_)
BACKGROUND:
The purpose of this item is to amend the existing agreement with the California Business Incubator Network
(CBIN) and the related subcontract with Business Cluster Development (BCD) as relates to the City's Border
Environmental Business Cluster (BEBe), the BECA incubator program. The amendments are needed to reflect
changed conditions, primarily resulting from the award of state and federal funds for the BECA program,
including the BEBC.
The existing MOD requires CBIN and BCD to raise private funds for the BEBC, to oversee the initial
development and lease-up of the facility, to provide advisory services regarding program development, and to
act as an interim BEBC non-profit administrator. EDA funds are NOT available to CBIN and to the BEBC
program under this existing MOU, and thus amendment of the MOD is necessary. Key proposed amendments
to the existing MOD include: 1) updating the fundraising benchmarks and related payment schedule (payments
are exclusively from fundraising proceeds); 2) eliminating CBIN's role as an interim administrator; 3)
maintaining CBIN's advisory role regarding BEBC program development; and 4) transferring the two existing
BEBC employees, hired by CBIN, to City employees.
The amendments related to BEBC staffing are necessary to respond to EDA funding requirements. In order
for the existing BEBC operating expenses, including BEBC staff, to be paid from EDA funds, the City must
either execute a new and expanded contract with CBIN providing for hands-on management of the BEBC
program and including complex regulatory and performance requirements subject to EDA approval, OR the
City must directly administer the BEBC program itself - and hire the BEBC employees as City employees.
Staff is recommending the latter as described in a companion staff report, and as described under
"Discussion" below. These actions need to be taken immediately in order to avoid any interruption in the
BEBC program. The program has been making impressive progress. Inability to use EDA funds at this point
would bring the program to a halt. Operating expenses, including the salaries of the tow BEBC staff, have
been paid since July 1 with private funds raised by CBIN per the existing MOD with the City. These funds
are currently exhausted.
RECOMMENDATION: That Council approve the resolution amending the Memorandum of Understanding
(MOD) between the City and California Business Incubator Network, and the related subcontract between
California Business Incubator Network (CBIN) and Business Cluster Development (BCD).
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. However, the BECA program
continues to be one of the EDC's five priority projects.
1//
Page 2, ItemL
Meeting Date 8/22/95
DISCUSSION:
I. PARTIES TO EXISTING MOU AND SUBCONTRACT
As noted, Council approved the existing MOU with CBIN and the related subcontract between CBIN
and BCD in June 1995. CBIN is the statewide association of incubator managers, owners and
advocates. As a non-profit, CBIN is able to receive private donations and to qualify them for tax
exemption. CBIN actively promotes the development of new incubator programs. Mr. Jim Robbins
is the President of Business Cluster Development (BCD). He created and manages the Digital
Equipment Business Enterprise Cluster in Palo Alto, both of the other Environmental Business Clusters
in San Jose and Thousand Oaks, and is planning a software cluster in San Jose and a multi-media
cluster in Mountain View.
II. EXISTING MOU AND SUBCONTRACT
In June 1995 Council agreed to act as the primary sponsor for a Border Environmental Business Cluster
(BEBC) (an environmental business incubator) to be located in the City of Chula Vista and developed
in conformance with what was then the proposed Border Environmental Commerce Alliance (BECA)
program. The BEBC was to be modeled after two other environmental clusters in the state, both of
which were developed by Mr. Jim Robbins of Business Cluster Development (BCD). Per this model,
cities and corporate sponsors worked with non profits to raise funds, find donated facilities, and
implement the cluster project. The City was simply acting as a catalyst to facilitate the development
of the cluster within Chula Vista.
Council donated $10,000 as "seed money" and entered into a Memorandum of Understanding (MOU)
with California Business Incubator Network (CBIN) - which subcontracted with BCD (Jim Robbins) -
to have CBIN and Mr. Robbins develop the BEBC. The contract called for CBIN and BCD to secure,
plan and develop a donated facility, solicit and select initial tenants, raise $177,000 to fund the cluster
in fit-up and operations (until it became self-supporting), and provide program development advisory
services - and to be paid for their services from fundraising proceeds. It also called for CBIN to be
the interim non-profit administrator (including hiring and training staff), with the clear intent for a
permanent nonprofit administrator to take CBIN's place within the near future. The MOU was written
without strict performance criteria due to the fact that no City funds (above the seed money) were
involved and because of the arms-length relationship with the City. At that time, all BEBC expenses
were to be paid from fundraising proceeds. The existing MOU stipulated that the City reserved the
right to replace CBIN at any time.
Subsequently, Council directed staff to pursue grant funding for BECA, and in February 1995, the City
was awarded Economic Development Administration (EDA) funds to establish a city-administered
BECA program, including the BEBC. As a result, the BEBC is now a City program which we fund
and for which we are directly responsible. In order to reflect these new conditions, the existing MOU
with CB1N and related subcontract with BCD must be amended and actions must be immediately taken
to allow City expenditure of EDA funds for the BEBC program.
9-~
Page 3, Item ~
Meeting Date 8/11i95
III. AMENDMENTS TO CBIN MOD: PERFORMANCE ACCOUNTABILITY
Because the BEBC is now a City program being funded with City grant funds and implemented by the
Community Development Department, it is essential that any BEBC-administering non-profit agency
and BEBC staff are directly accountable to the City for financial, regulatory and performance standards.
Accordingly, staff is recommending that the existing MOD with CBIN be amended to provide for
CBIN/BCD to complete their existing obligations related to fundraising, fiduciary management, and
program development advisory services, and to allow for the City to assume hands-on daily
management of the BEBC and to transition the BEBC Manager and Office Assistant to City employees.
This recommendation is being made due to the fact that the existing contract does not provide for any
significant performance accountability nor for mandatory grant-related regulatory accountability. These
items were not contemplated at the time of the original agreements since there were no grant funds,
and the City was going to be simply a sponsor, rather than the program administrator. Further, under
the existing contract, salaries would have to be paid from fundraising proceeds. These funds have paid
for the BEBC Manager and Office Assistant's initial paychecks. However, no additional funds have
as yet been raised and there is serious concern regarding the ability for CBIN to meet the next payroll
from private funds.
Transitioning the BEBC Manager and Administrative Assistant/Office Manager to City employees
(EDA-grant funded) will cause these employees to report to the BECA Director within the Community
Development Department, will ensure that all grant requirements and City and federal performance
standards are met, and because the City will now be directly administering the program, will allow all
BEBC expenses to be paid from EDA funds (see discussion regarding transfer of budget accounts from
"BEBC Contractual Services" to "City BECA Operations" in companion staff report).
It should be pointed out that subsequent to the execution of the existing agreements, and following
Council direction to pursue federal funds, it was proposed that the City enter into a second more
extensive agreement with CBIN (similar to Southwestern College's contract to oversee the Technology
Center which has been approved by EDA) to provide for ongoing daily management of the BEBC.
However, it is now staffs recommendation that this type of "EDA agreement," with an emphasis on
day-to-day management and contract administration, including regulatory compliance and reporting,
is not a good fit for CBIN. Experience has shown that CBIN prefers to work in an entrepreneurial
environment without City, state and federal regulatory constraints. There have also been issues
regarding completion by CBIN of their existing contractual responsibilities. These are resolvable but
contribute to our conclusion that the focus should remain on CBIN's completing their existing contract
with the emphasis on raising private funds and providing advisory services as opposed to hands-on
management. The existing MOD relies solely on private fundraising for payment of CBIN/BCD fees
and therefore is not subject to EDA or City regulations.
In summary, the proposed amendments to the existing CBIN MOD (see Attachment A) provide that:
I. The City reserves the right to contract with another entity or to directly administer the BEBC.
CBIN agrees to cooperate with the City to ensure a smooth transition. The City reserves the
right to retain the BEBC Manager and BEBC Administrative Assistant (currently CBIN
employees) as City employees or consultants or to transition them as employees of another
agency under contract to the City. Conversely, the City agrees to work with CBIN to facilitate
their completion of their tasks under the existing agreement. (Note: Staff is recommending
9'3
Page 4, Item-i-
Meeting Date 8/22/95
that the BEBC staff become City employees, per a related staff report. However, this language
gives the City greater flexibility if needed.)
2. CBIN authorizes the BEBC Manger and Office Assistant to report directly to the BECA
Director. (This ensures accountability during the personnel transition period.)
3. CBIN agrees to transfer fundraising proceeds to the City's BECA accounts as received. (The
existing MOU allows CBIN to accumulate fundraising dollars and transfer in lump sums. This
new provision ensures that the City has immediate access to the funds.) CBIN agrees to make
no expenditure of BEBC funds without prior approval by the City, and that all purchasing of
supplies, equipment, subscriptions, services, etc. will be made via the BECA Contract Manager.
4. The existing agreement stipulates that the city in its sole discretion may replace CBIN with
another nonprofit at any time. The proposed amendment further clarifies that the City may
terminate the MOU at any time for any reason, with 30 days notice.
IV. AMENDMENTS TO BCD SUBCONTRACT: BENCHMARKS AND PAYMENT SCHEDULE
As discussed, the BCD subcontract provides the benchmarks for fundraising and other advisory and
facility-related tasks and the related payment schedule. Per the existing agreement, development fees
are to be paid exclusively from fundraising proceeds and will not be released by the City until the
designated benchmarks are accomplished. The proposed amendments revise the benchmark criteria and
dates, to reflect current conditions (tasks have been pushed back due to delays resulting from the
decision to pursue federal funding). The existing Benchmark and Payment schedule is shown on page
5 ofthe existing BCD agreement (Attachment B). The proposed amended schedule is on page 5 of the
new agreement (Attachment D).
Key benchmarks include corporate fundraising, completion of the second phase ofthe BEBC facility's
upgrading (Phase 1, the first 10,000 sq. ft.) is virtually complete), Business Plan submission, and tenant
solicitation, selection and lease-up. Most elements of the Business Plan have been submitted by BCD
to staff, are currently being reviewed, and will be brought to Council in the immediate future.
Fundraising is timed to meet projected budget needs. In terms of tenants, the goal is to lease space to
at least eight tenants by October 10 (the tentative Grand Opening date), and an additional six tenants
by December 1. The upgrading of the next 8,000 sq. ft. (Phase II) should be completed by April 1996,
as well as the leasing of an additional four tenants (for a total of 18 tenants by Spring 1996).
V. URGENCY OF STAFFING TRANSFERlFUTURE BEBC ADMINISTRATION
As indicated, the amendments are intended to immediately ensure adequate City oversight. The
transition of CBIN employees to City employees must occur immediately in order for the BEBC
program to be able to spend EDA funds. This is because the EDA contract with the City currently
provides for three separate authorized budgets: 1) BECA Administration (City BECA staff providing
general program oversight and contract administration); 2) BETRC contractual services (the contract
with Southwestern College for BETRC administration); and 3) BEBC contractual services. No EDA
approved BEBC administrative contract currently exists. Until a contract with a second party is
executed that provides for BEBC administration consistent with EDA requirements, or until the BEBC
budget is "transferred" to the City's BECA administration budget, concurrent with the transfer
f~'1
Page 5, ItemL
Meeting Date 8/22/95
of BEBC employees to City staff, no expenditures for the BEBC staff or operations can be made.
This creates an emergency need for Council to take action to create two unclassified City positions,
and to authorize staffto submit requested City/EDA contract amendments to EDA authorizing the two
additional BECA City staff and combining the BECA Administration and BEBC budgets in order to
ensure that BEBC salaries and operations are not interrupted. (Note that, to-date, BEBC salaries
have been paid from fundraising proceeds, i.e. an Irvine Foundation grant, and no other expenditures
have yet been needed from the BEBC budget.) The separate companion staff report is being
submitted on this same agenda requesting Council authority to take the necessary staffing and
budgetary actions.
Note that the transfer ofBEBC employees to the City represents an interim step until a permanent non-
profit is created to operate the BEBC under contract to the City. (This future contract, similar to the
BETRC contract with Southwestern College, will have detailed responsibilities, including federal
funding regulation compliance, and specified performance measures.) The new BECA Director has
been charged with pursuing the creation of the BECA/BEBC nonprofit.
FISCAL IMPACT: The proposed amendments entail no cost to the City. The amended MOU and
subcontract will continue to require CBIN/BCD to raise private funds for the BECA/BEBC program in the
amount of $177,000. (While grant funding has been received, the BECA program has also planned and
budgeted additional "program revenue", including fundraising proceeds.) All CBIN and BCD fundraising and
development fees (up to $50,000 total in development fees and an additional $12,390 in fiduciary fees to
CBIN) will be paid from their own fundraising proceeds, consistent with the original MOU as already approved
by Council. The transfer ofthe two BEBC staff to City staff (at a total Year I cost of $106,700) will not result
in any cost to the city; the positions are entirely grant funded. Operational expenses will be also be paid by
EDA grant funds, as previously approved by Council.
ATTACHMENTS
A - Redlined CBIN MOU
B - Redlined BCD Agreement
C - New CBIN MOU
0- New BCD Agreement
[(MD) c:\wp51\document\483.95 (August 16, 1995)]
~'S-1-0
RESOLUTION
J%tfJtJS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE AMENDED MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY AND CALIFORNIA
BUSINESS INCUBATOR NETWORK (CBIN) AND THE RELATED
SUBCONTRACT BETWEEN THE CALIFORNIA BUSINESS INCUBATOR
NETWORK AND BUSINESS CLUSTER DEVELOPMENT
WHEREAS, the City of Chula Vista on June 14, 1994 approved the contribution
of $10,000 as seed money for the Border Environmental Business Cluster (BEBC); and,
WHEREAS, the City also approved the existing Memorandum of Understanding
between the City and California Business Incubator Network (CBIN) and the subcontract
between CHIN and Business Cluster Development (BCD); and,
WHEREAS, the Economic Development Administration (EDA) on February 15,
1995 awarded grant funding to implement the Border Environmental Commerce Alliance
(BECA) which includes the BEBC; and,
WHEREAS, the existence of EDA funding now requires the City playa more
significant oversight role; and,
WHEREAS, the new conditions surrounding the administration and operation of
the BEBC under EDA funding require the amendments to the original MOU with CHIN and
subcontract between CHIN and BCD.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA does hereby find, order, determine and resolve as follows:
1. The Amended and Restated Memorandum of Understanding between the
City and CHIN is hereby approved in the form presented (a copy of which will be kept on file
with the City Clerk as Contract No. ) and the Mayor is authorized to execute same.
2. The Amended and Restated Contract for Services between California
Business Incubator Network (CHIN) and Business Cluster Development is hereby approved.
PRESENTED BY:
APPROVED AS TO FORM BY:
~,~
Chris Salomone
Community Development Director
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I
ATTACHMENT A
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" .", "', " ." '., ",','''.k'' ". , ,., 'i ., " ., .i ."., ,., "".
MEMdlfANBUM15f!UNiJ~~sfANDING
BETWEEN THE CITY OF CHULA VISTA AND
THE CALIFORNIA BUSINESS INCUBATOR NETWORK
~/
The City of Chula Vista, a municipal corporation, and the California Business Incubation
Network (CBIN), a non-profit 501(c)(3) organization, have entered into this llml@jilli'id!~ili:!
r. iffililti'id memorandum of understanding effective as of ,i995Tno~de~
..................
tohefp create the Chula Vista Border Environmental Business Cluster (BEBC), an
environmental business incubator program. The goal of the Incubator program is to
encourage environmental business start-ups by providing a common site within the City of
Chula Vista where 18 - 30 start-ups can co-locate and receive inexpensive space, furnishings,
and management services as well as business development assistance and networking
designed to improve their chances for success. The Incubator will be coordinated in a
manner to maximize its interface with other projects within the Border Environmental
Com merce All iance (B ECA), i ncl udi ng the Border Environmental Technology Resource Center
(BETRC) and BECA Demonstration Program, and with the California Environmental Business
Incubator Program (CEBIP).
Rt;CIJAlS:
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.'. ~~~~E~:(~~~f:::~!i)~~i\~~ept~r~~i~~~y~~j~i~Afue~d~:~~fk:s:a~~
MOlJiand
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MEMORANDUM OF UNDERSTANDiNG
ROLE DEFINITIONS:
City()f Chula. Vista: Referred to herein as "City", The City is agreeing to W8\"idc ..~
m!iY!!i!Y~!YptRM1!#.~~ $10,000 in seed money to help develop the incubator program, and ~iii
havedghlo(approval of the Incubator Draft and Final Business Plan, and of payment to
CBIN and the Developer from the City's seed money and from private donations, as
delineated herein and in the accompanying contract between CBIN and the developer.
California Business Incubator Network (CBIN): Referred to herein as "CBIN", CBIN is the
interim ROR J3rofit administeriRg agent of the J3roJ3osed iREt,lbator, aRd is the!\!\ntjijtiilf:l~ "local
team member" 10 assist i:i!!~pr1.m~lYIim~l$milti!ii Business Cluster Developmenti6develop
the incubator program andfaan1Y:CSfNagreesthat in performing its obligations under this
contract it shall be acting in all respects as an independent contractor and shall not be
deemed an employee of the City,
Business Cluster Development (BCD): Referred to herein as "developer", The developer,
under contract to CBIN, will prepare and implement the incubator Business Plan, and
accomplish the initial opening of the incubator facility.
Chula Vista Border Environmental Business Cluster (BEBO: Referred to herein as
"incubator", The BEBC is the proposed Incubator program and facility which will provide
low cost space and shared services for start-up environmental firms.
Contract: The contract refers to the related contract between CBIN and Business Cluster
Development, the Developer, which requires developer to prepare the Incubator Business
Plans, raise funds and open the Incubator facility, subject to City Council approval.
Board of Directors: The City of Chula Vista and CBIN will remain independent
organizations. A Board of Directors will be formed to provide policy and general
administrative oversight of the incubator program and the non-profit administering
agency/sponsor.
The Board will include members from the City of Chula Vista, G&lN;- the incubator sponsors
and other community and environmental business representatives as determined by the
Incubator Business Plan to be adopted by the City of Chula Vista City Council.
Operations:
The parties hereby agree as follows:
1. City's Duties:
a) City appoiRts Cgl~J as the iRterim Ron prElfit sponsor of the Incubator aRd will
~R~!!jt~%~!!'i!~~~!!~.!jRqtfMqfi~....R[!m~iY~~~!~t~~.~R,*B!R~Rtj!i!p coord i nate
the initial development and operations of the Incubator. In this role, CBIN
will accept donations of capital, furniture and equipment for the Incubator
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.~N!iI!:lg\N!!i!gB!:l$!i&llep
MEMoRANDUM6FUNDERstANDfNG
.-......................................................
.-.-.-.-..-.........-.----..----.-..........-.....................
................................................
..,....,'.._......-...-...-.-.-.-...-.-........-.....................................w.........
project as an IRS-qualified 501 (c)(3) non-profit, and will perform other
functions as delineated in Section 2 below. Thc City in its ssle discretisn
R'lay reJ3lace Cgl~l witR anotRer nonprofit srgaRization ts R'lanage tRe
Incubator at any tiR'le (upon 39 says Rstice). If tRe Cit.,. sses so elect to
replace Cgl~l, CIlI~J agrees to transfer ts tAe City, or its desigRee, all rigAts,
title, ana interest in and to any aRa all books, rccsf8s, contract rigAtG, lease
rigRts, donations, eEjuipR'leRt aRd/or stRer assets ((,lRSea by donations, wRicR
relate ts tRe iRcHsatsr, J3roject. It is anticipated that CBIN will complete the
start-up phase and be replaced by a local permanent non-profit sponsor no
later than the end of the first year of Incubator operations.
b) City-wilJ. ~!lSp~!.!y donateg $10,000.00 to CBIN in order to provide the
initial furids {seed money) necessary to start the Incubator development
process UPOR e)(ecution of this contract, for tRe J'lurJ'lsse sf Cgl~J's R'laldRg tAe
iRitial $10,000 paYR'leRt to thc Dcveloper to begin ts sevelop the IReHsater
BusiACSS PlaA 3Ad obtai A r:Jr:iv3te SJ38Aser fiA3Acial commitments.
c) City will provide limited staff support (estimated to average less than 4 hours
per week), including review of budgets, business plan and other financial
reports, and assistance in identifying potential donors of capital and space
(sponsors) as well as with securing necessary community alliances.
dl City wi II take the lead role in the launch/announcement of the Border
Environmental Business Cluster, i.e., the Incubator. Organizing and funding
the launch/announcement will be the responsibility of the City with staff
assistance from CBIN and the Developer. CBIN, the Developer and Incubator
sponsors will all receive public recognition for their contributions.
~)~i~~II'lr~!~II'lli~~f~~~'[II~I~I~IIIII~~~f~I~I~I_~lt~i~
w!tQ'nM)j~~l!r~~m~!)f~y!;ij~qrgrr~*pPri?Y*'~~qQy~~!gOO9ft!'i~l}Qfqgr
Ei-ivitQQmg~i~IG9mm~&i~$!li~h~~{~eG$jRirn@@'r..... ...... .... ..............................
2. CBIN's Duties:
a) CBIN will ~q!!gi\; accept ~iigm~!l~g~ funds raised to underwrite the
development 01 this project as donations to CBIN, a non-profit 501 (c)3
i~h~~~~~~~~~li1_~~_I~i~~1111"~~I~'II!I~11~~lt11fi~fIL~t~
Si!ia~Qf!lpgi-i~\19iiwil!~iit~lltgjoobi!t$~OO~Qtbytt1g(;jl'Ytql$~'Nl:fqrtHglt
~~tl~I~~II~~ill~~IBI~rit~IIIJ~iI11_ill~I~,~~I_i~&lf(~
Qr~r~~8\lt99)~r)~!~!ri!r~~r4r~~~M~r~~ri!#fi?\ltltB?9W~9!!i\~w~r~
~'llrli'~lilil~i~ji'~I'~I~llll~ll~BI~r~I~~~~I~~t~~llr~~I'
*9y*9!;!~!lr~gqfl~i8qrf9~1l1W~gr8~wm~~gfi~'~riiigqIt~8~y~~iii!;!qn~~,Qa
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MEMORANDUM OF UNDERSTANDING
-
irlcuh'a'tor"'rc'faieEr"acco'uRt{il'g"'s~~;st'effi$" ~iR'crfi'RaAcial management, !;Ising the
accOlmtiAg f.inTI sf Coopers aAs LybFaAS. C1~I~J Viill Be eAtitles to sHBtr-act
m3nageFReAt fees based OR actl:lal13i1lable A0t:lrS, not ta c)(eeea a 7~!., fee from
eacA sOAatioA, ts caver its fis~ciary aAs aSFAiAistrativc casts. CBI~J will
FAaiAffiiA separate bosl(s aAs recorss fur tAe seposits iAto aAS sisb~rseFAeAts
freFA tAe fisHciary acca~Ats AaAsliAg tal( scsHctiBlc sSAatioAs. CBJ~1 will Aat
Be entitles te retain an',. interest that is carnes OR tAC f.unds aCJ3Elsitea in
tAcse fis~ciary aCCElHAts. IAterest eaFAes SA tAe fisHciary accsHAt will Be for
tAe sole aAs e)(eI~sive beAetit of tAe IAcubator preject. IA assitioA ta tRe
accauAts for iAcubatar sSAatieAs, CBIN willl<eeJ:l separate 13001(5 far RaAsliAg
iAc~laator reveAues iAeI~siAg reAtal proceess. CBI~1 will Be resJ:lsAsible f.or
lTlaAageFACAt sf tAe busget aAs of all sail)' accouAts payable aAs reccivaBle
of tRC IAcubator. CBIN will J:lrevise tAc Cit.j' FAOAtAly fiAaAcial rcpsRs.
b)
CBIN will enter into the attached consulting agreement with the Developer
to manage the development of the Incubator and that CBIN will act as the
local "team member" to assist the Developer to execute the incubator
development tasks outlined in the contract, and as requested by the
Developer. CBIN will make payment to the Developer as provided in the
attached agreement, subject toreceipt of acceptabledeliverables ~~~t~~9Mj
~!l~til!lI~ffl\!!l~!jq!jm~r~!W~~8!.!9g!fi9!W9.ftm~wg!jtr~9!(tAc Draft aAd .FiAal
BusiAe~sPlaAjasa~proved bylReChHla'/istatit)' touAEil (sec Section 1.0.1
of tRe CBI~J/Developer coAtract).
c)
Subject to ideAtification by tRC Developer and apJ:lrovaI by tRC City Council
of appropriatc iAc~bator spacc, CBIN will lease SUCR sJ:lacc for tRC specific
purposc of AousiAg tAc IAcubator. CBI~l will J:lay all cJ(pcnscs relatcs to tAc
sevelopmeAt and operations of tRC IAcubator fFOFA sJ:lonsor funss raised b.,'
thc Developer and rents collectcs fro FA Incubator tcnants.
c)
~;~~iit~tl~~~~~I~t~~;~tri~;r~iftll~lr!l~~~~~~!~'~~~"r~~~~l~f!~
iAc~l3atsrpliJg$q!i!lemployees from funds in the Incubator operating budget,
which willbew~fi.mded from sponsor donations and rcnts c:ollcctcs. CBIN
sRall be !MAA responsible for such benefits as required by law, also paid from
the Incubator operating budget. CBIN shall have no financial responsibility
for the capital, operating or other budget of the Incubator in excess of the
Incubator revenues, iAelHsiAg botA rCAts ans 9911~1~1ipgi:if sponsor donations.
ifil11111illt~~ti~~11il~III~~Il~ll!~I~!i~"~~i~li~~_r~
Y 7//:L
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Page 4
''''HE'''..'''''''..''.''''..,.......''''''''''''.''''''
MEMORAND~~6'1t~~~W~fx'i:i~f~e
dl CBI~J will receiveapplication5 frsFfl iAterestea "tart ~p B~siAes"es aAB thatthc
City will be iAferFfleB about start ~ps recei'iing cOAsiBeFiltion far entry iAto the
IACI:JBatQr aRB ,viii receive cQf:)ies af all sl:lsleases V/itR start bfras cAteriAg tf:tc
IAc~Bator. The City CO~Acil will Be rC"/3sAsible fsr aaoptiAg oveFilIl
InCUBator policy incluaiAg the initial Incubatsr teAant sclectioA (eligibility)
criteria.. 9~!.!f1!>>.lj!!%9j.\1~~~~~E!~jlfg!%~~Wl~M~g~~~~tm!?!9!W)W!~@!l9
~~!~iR!li However, the Developer will make the final decisions concerning
initial businesses to be allowed entry into the Incubator. After completion of
the duties required by the contract with the Developer, the City reserves the
right to form a Technical Advisory Committee (TAC) and/or a Financial
Advisory Committee (FAC) to review candidate tenants and make final tenant
selection decisions; the TAC and FAC may be subcommittees of the 8'_
Board of Directors or separate advisory groups. ......... .. .
e) CBIN will provide property management services for the incubator facility,
including oversight of: initial facility build-out/improvements, equipFfleAt
purcAasiAl9'leasing, rcnt csllectisA, and facility and equipment maintenance
as appropriate, as well as payment of all related fees and bills.
-
g) CBI~J will coordinatc FfleetiAgs with potential financial "ponsors, Ihe
Devcloper and the City as apprepriate ana as req~estea by Ihe Devcloper
and/or the City.
f) CBIN will assist the Developer to implement the Incubator marketing and
public relations plan as requested by Developer and the City.
g) CBIN will iW~!~~!hg&j!y in developing local alliances to provide business
development support to tenants, including, but not limite,l to, in the areas of:
financial assistance; job/entrepreneurial training; environmental export
assistance; environmental compliance and permitting assistance;
environmental and other data-base linkages; partnership and distribution
linkages; environmental technology transfer; and training in environmental
management techniques which incorporate the use of sustainable
technologies into tenant business practices. Such alliances are to include, but
are not limited to, the proposed Border Environmental Technical Resource
Center, the State's California Environmental Business Incubator Partnership,
the San Diego High Tech Resource Center/Regional Technology Alliance, and
Technology Incubator Program, as well as the Southwestern College Small
Business Development Center/International Trade Center (SBDGITC).
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A1dIiNQJ$QA;NQIU1$T~TEQ
MEMoRANDUM6fUiliDERsfAiliDfNG
hl In addition to the tasks outlined above in sections "Eli" through "i", CBIN will
assist as specifically requested by Developer to carry out tasks identified in
the attached contract. CBIN will be entitled to be reimbursed by the
~ii~.iiit :~~i~!~!~;!~~~~!~!W~~~~Q~~!~!!~~~~~~~~i~~~~~~~~
in the amount of $50 per hour not to exceed $30,000 in total, subject to
approval by the City Council as described in Section 4.01 through 4.05 of the
contract. This $30,000 is exclusive of the maximum 7%-ffiEal ~!.Iftlil:fqffll!
management fee, per item "a" above, and shall be invoicedaccordingiy:)
---
k) C1~I~J will ass(,JFAe respoAsibilit'l far saily FAaAagCFACRt, amJ fiRaAcial
acca(,JRtiRg far tlo1e IAc(,Jbator aRs far fiRaAcial repor-tiRg to tlo1c CiFl uAtil
aRotlo1cr AOA profit is selected by tlo1c City ta aSSUFAe IAcubator FAaAagCFAeRt.
i) CBIN agrees that the City reserves the right to form an Executive Committee
to provide MOU oversight as deemed appropriate.
j) CBIN will, at City's request, file with the City Form 730, "Statement of
Economic Interests" in accordance with the Fair Political Practices
Commission (FPPCl.
k!U\rh~r~B.~~E~B,irlill,1iI~lillllt~l~iililllr~Jll~rJI'l&IIi
t..#L...$'
~im!tpiiCity of Chula Vista Obligations: It is expressly clear that neither this MOU nor the
accompanying agreement between CBIN and BCD obligate the City of Chula Vista to any
direct financial participation above and beyond the $10,000 contribution ~!r~~9xmilq~gx
to CBIN for program seed money. .. ... .... ....
Location of Incubator: It is expressly understood that the City's participation in this MOU
and the related agreement between CBIN and BCD requires that the environmental incubator
be located in the City of Chu/a Vista and that CBIN and BCD are prohibited from developing
an Environmental Incubator within the County of San Diego without the written consent of
the City of Chula Vista City Council.
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AM... ... .EN.'.O.llQ....A. .1\1. .O....RllSTA...TE.O
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MEMORANDUMOFuNbERSTANblNG
Contact Persons: For purposes of the MOU and the related contract, the contact person at
the City shall be the Economic Development Manager. The CBIN contact shall be the
President, Sheila Washington, and the Developer contact shall be Jim Robbins.
ffitos!tldl\: ...... .. .... ........ .... .. .... . ... ....... ..... .................. ... ... ...... ..... .......... .... . . .... .... .. .......... ........ ......... ....... . .. . .
SIGNATURE PAGE FOLLOWS ON NEXT PAGE.
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MEMORANDUM6FONDERstANbiNt;
.............'.-..........;.;.:.;.;.,.....,.:.;.,.:.,.,.:.,.,.:.,.,.:.:.,.:.:.,.:.:.;.:.:.:.:.:.:-:.:.:.:-,-:.:.'-:':"':':-:':';-:':-:':':':':':':':",:,:-:,:",:,::'::.:::':.:,:,::,,::::,,::::::,:,::,:,:.:
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By: Date
Sheila Washington, President
California Business Incubator Network
Acknowledged and Approved By:
Jim Robbins
Business Cluster Development
By: Date
John Goss, City Manager
City of Chula Vista
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ATTACHMENT B
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DEVELOPMENT OF BORDER ENVIRONMENTAL BUSINESS ClUSTER
(INCUBATOR PROGRAM)
This AGREEMENT made this
day of
, 1995, between:
CLIENT: California Business Incubation Network (CBIN), having a principal place
of business at: 350 S. Grand Ave., Los Angeles, CA 90071; and
CONTRACTOR: Business Cluster Development (BCD), having a principal place of
business at: 160 N. Castanya, Menlo Park, CA 94028. Referred to herein as "Developer".
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WHEREASiIOePl1@S€\ of tl:ilsAmeri\:l~?i1i:IR~fat~d!4i::i('itrad fo( SerVi~e5is tQ
amend. tbefj~@ng !4l>ti!fac~fq(5ejyli:i:1i'ti::i(efl~ttl:ie,.prOlll';i(rriasoec~ssaiYtoop~~a,te. t~e
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DEFINITIONS:
Border Environmental Business Cluster (BEBO - referred to herein as
"Incubator": The incubator program and facility which will group small start-up
environmental companies in one building and provide benefits and assistance to encourage
the commercialization and demonstration of environmental technologies.
Business Cluster Development: Referred to herein as "Developer". BCD will
act as the Incubator developer; Under contract to CBIN, and in accordance with the related
MOU between CBIN and the City of Chula Vista, BCD will prepare and implement the
Incubator Business Plan, and accomplish the initial opening of the Incubator facility.
California Business Incubator Network: Referred to herein as "CBIN". CBIN
is the interim non-profit administering agent of the proposed Incubator and is the "local team
member" to assist BCD to develop the Incubator program and facility.
City of Chula Vista: Referred to herein as "City". The City is providing
$10,000 in seed money to the Incubator project and has the right of approval of the Draft
and Final Incubator Business Plan, as well as of payment to the developer and CBIN for costs
incurred as delineated herein and in the related MOU.
MOU: Refers to the Memorandum of Understanding between the City of
Chula Vista and CBIN which outlines their respective roles in the Incubator project and
requires CBIN to contract with BCD, the developer, to develop the Incubator program and
facility.
ARTiClE 1. TERM OF CONTRACT
Section 1.01. This agreement will become effective upon execution, and will continue in
effect until the services provided herein have been performed, unless terminated in
accordance with provisions of Article 7 of this agreement.
ARTiClE 2. INDEPENDENT CONTRACTOR STATUS
Section 2.01. It is the express intention of the parties that the Developer is an independent
Contractor and not an employee, agent, joint venturer or partner of CBIN. Nothing in this
agreement shall be interpreted or construed as creating or establishing the relationship of
employer and employee between CBIN and the Developer or any employee or agent of the
Developer. Both parties acknowledge that the Developer is not an employee for state or
federal tax purposes. The Developer shall retain the right to perform services for others
during the term of this agreement, except as prohibited in the MOU.
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ARTiClE 3. SERVICES TO BE PERFORMED BY DEVELOPER
Specific Service
Section 3.0.1. The Developer agrees to develop an environmental business incubator within
the City of Chula Vista, including the following tasks:
1. Identify and recruit financial sponsors to provide a site/facility for the incubator, as
well as available furniture and seed capital for the incubator. (Seed capital is the
funding needed to pay operational expenses until tenant rents are sufficient to cover
such expenses.) Recruitment of sponsors shall include presentations to potential
sponsors and follow-up to help secure their support.
2. Identify a preferred incubator site and at least one alternative site, each of which
accommodate 15,000 to 20,000 square feet of incubator space, or enough space to
adequately accommodate up to 25 start up businesses.
3. Provide a detailed written site analysis which includes a functional and financial
analysis of the advantages and disadvantages of each site, and a spread sheet analysis
of estimated income and expenses at the potential sites, i.e. a projected operating
budget for the first two years, including all development costs.
4. Recommend and secure appropriate donated site.
5. Develop recommended incubator program goals, initial incubator policies; operating
principles including application and tenant selection criteria (consistent with the
Border Environmental Commerce Alliance Mission Statement); and management
structure, including recommended Incubator staffing.
6. Prepare a marketing plan to identify potentially successful environmental business
niches/sectors and to attract potential start-up tenants to the incubator and prepare
public relations plan to publicize the incubator. Develop and print a "Border
Environmental Business Cluster" brochure.
7. Hire and train incubator staff (who will then assist in remaining tasks).
8. Solicit incubator tenants. Screen and qualify interested start-up businesses; select
initial incubator tenants in accordance with approved selection criteria.
9. Oversee facility planning and site fit-up.
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10. Assist and cooperate with CBIN in the creation of an alliance of local and regional
environmental, business, public and educational institution resources to work with
the incubator start-ups.
11. Assist with the formation of the Board of Directors for the incubator, as well as the
Technical and Financial Advisory Committees, as deemed appropriate by the City,
and with the development of related policies and procedures.
The Developer agrees to prepare and submit to the Chula Vista City Council for their review
and comment, a Draft detailed, written business plan for the Incubator program. The
Business Plan shall include:
a. site identification per item 2 above.
b. site analysis per item 3 above.
c. identification of potential sponsors per item 1 above.
d. two year operating budget per item 3 above.
e. recommended Incubator goals, policies, operating principles and
management structure per item 5 above.
f. proposed implementation schedule.
g. marketing plan per item 6 above.
h. recommended service providers/all iance network, per item 10 above.
I. recommended Board and Advisory Committee structure and policies
per item 11 above.
Following receipt of staff and Council input, the Developer agrees to prepare a Final Business
Plan for review and adoption by the City Council and shall submit four bound and one
unbound copies.
Employment of Others
Section 3.02. Developer may, at the Developer's own expense, employee such assistants
or subcontractor as Developer deems necessary to perform the services required of
Developer by this agreement. CBIN may not control, direct, or supervise Developer's
assistants or employees in the performance of those services. Developer assumes full and
sole responsibility for the payment of all compensation and expenses of these assistants and
subcontractors.
Place of Work
Section 3.03. Developer shall perform the services required by this agreement at any place
or location and at such times as Developer shall determine. Developer will, however, attend
meetings in the city of Chula Vista as requested by City staff. Travel costs to Chula Vista and
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related lodging expenses will be reimbursed separately from the compensation stated below
in Section 4.01, from cash donations.
ARTIClE 4. COMPENSATION
Payment Benchmarks
Section 4.01. In consideration for the services to be performed by Developer, CBIN agrees
to pay Developer:
The development fee for this project shall be $60,000.00, plus travel and lodging expenses.
As indicated in Section 3.0.1. above, the Developer's scope of work shall include fundraising
activities for the Incubator, including donation of a facility and equipment as well as cash
donations for operational costs. The Developer's compensation shall be paid by CBIN from
the funds raised by the Developer, with the exception of the first $10,000 payment which
shall be made by CBIN from the $10,000 in seed money provided by the City of Chula
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The development fee shall be paid to the Developer according to the following schedule of
benchmarks:
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P 9--;2J
Timing
Sectisn 1.02. TAe Develsflcr agrees to Aave cOlllflleted tAe DFaFt Business Plan witAin 2
"'ontAs of tAe e)(ee",tioA of tAe MOU aAs tAe cOAtract; te Rave completes tRe FiAalll",siAess
Plan witRiA 1 mantA of City COUACil'S af3flFOval of tRe Draft Plan; to Rave secures tRe site
and openes tAe incubator witAin 3 ",ontAs of cOlllplction of tAe Final Business Plan ans to
Aave €8mf3leted tAe entire contffict within 2 Illonths of e)(ecution of the contract.
Payment of local team member
Section 4.02. The Developer shall be responsible for developing/implementing the
Incubator, and specifically for the tasks delineated in Section 3.0.1. above. However, in that
capacity, the Developer shall be able to utilize the services of CBIN to assist as the local
Incubator team member (as noted in the MOU between CBIN and the City of Chula Vista)
in such implementation. BCD may reimburse CBIN on a billable basis at a rate of $50.00
per hour, not to exceed $30,000 in total over the life of the contract.
Invoices
Section 4.03. The Developer shall submit invoices for all services rendered per the schedule
above. Such invoices shall also identify an hourly breakdown of billable services by CBIN
as authorized by BCD. Upon receipt of payment by the developer, the developer shall
immediately pay to CBIN any amounts owed to CBIN for hourly services performed and
approved thereby.
Expenses
Section 4.04. Developer shall be responsible for all costs and expenses incident to the
performance of services, including but not limited to, all costs of equipment provided by
Developer, all fees, fines, licenses, bonds or taxes required of or imposed against Developer
and all other of Developer's costs of doing business.
ARTICLE 5. OBLIGATIONS OF DEVElOPER
Tools and Instrumentalities
Section 5.01. Developer will supply all tools and instrumentalities required to perform the
services under this agreement. Developer is not required to purchase or rent any tools,
equipment or services from CBIN.
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Section 5.02. Developer will not be liable to CBIN, or to anyone who may claim any right
due to a relationship with CBIN, for any acts or omissions in the performance of services
under the terms of this Agreement or on the part of employees or agents of the Developer
unless such acts or omissions are due to negligence or willful misconduct. CBIN will
indemnify and hold Developer free and harmless from any obligations, costs, claims,
judgments, attorney's fees, and attachments arising from, growing out of, or in any way
connected with the services rendered to CBIN under the terms of this Agreement, unless
Developer is judged by a Court of competent jurisdiction to be guilty of willful misconduct.
Assignment
Section 5.03. Neither this agreement nor any duties or obligations under this agreement may
be assigned by Developer without the prior written consent of CBIN and the City of Chula
Vista in their sole discretion.
State and Federal Taxes
Section 5.04. As Developer is not CBIN's employee, Developer is responsible for paying
all required state and federal taxes. In particular:
. CBIN will not withhold FICA (Social Security) from Developer's payments;
. CBIN will not make state or federal unemployment insurance contributions on
Developer's behalf;
. CBIN will not make disability insurance contributions on behalf of Developer;
. CBIN will not obtain workers' compensation insurance on behalf of Developer.
Financial Interests of Developer
Section 5.05. At City's request, CBIN and/or any executive therefor, as designated by City,
shall file with the City Form 730 "Statement of Economic Interests" in accordance with the
FPPC regulations.
ARTICLE 6. OBLIGATIONS OF CLIENT
Cooperation of Client
Section 6.01. CBIN agrees to comply with all reasonable requests of Developer (and provide
access to all documents reasonably) necessary to the performance of Developer's duties
under this agreement.
CBIN agrees to receive contributions, manage accounting and bookkeeping and pay
incubator employees until such time as a local non-profit agency is identified or created to
be the permanent owner/sponsor of the incubator.
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Assignment
Section 6.02. Neither this agreement or any duties or obligations under this agreement may
be assigned by CBIN without the prior written consent of Developer and the City of Chula
Vista.
ARTICLE 7. TERMINATION OF AGREEMENT
Termination by Client for Default of Developer
Section 7.01. Should Developer default in the performance of this agreement or materially
breach any of its provisions, Client, at Client's option, or the City of Chula Vista at its option,
may terminate this agreement by giving written notification to Developer. Payment shall still
be due Developer for any completed benchmarks.
Termination by Developer for Default of Client
Section 7.02. Should CBIN default in the performance of this agreement or materially
breach any of its provisions, Developer, at the Developer's option, may terminate this
agreement by giving written notice to CBIN and the City. Notwithstanding the foregoing,
such termination shall not become effective until 30 days after such notice, during which
time CBIN shall, at the City's sole discretion, be given the opportunity to cure such breach
in a manner satisfactory to the developer and to the City. The City shall reserve the right to
replace CBIN as staled in the "Operations" section of the MOU during the developer's 30
day notice period - or at anytime during the contract period with 30 days notice by the City.
Payment shall still be due Developer for any completed benchmarks.
Termination for Failure to Make Agreed-Upon Payments
Section 7.03. Should CBIN fail to pay Developer all or any part of the compensation set
forth in Article 4 of this agreement on the date due, Developer, at the Developer's option,
may terminate this agreement if the failure is not remedied by CBIN with thirty (30) days
from the date payment is due by giving written notice to CBIN and the City.
ARTICLE 8. GENERAL PROVISIONS
Notices
Section 8.01. Any notices to be given hereunder by either party to the other may be effected
either by personal delivery in writing or by mail, registered or certified, postage prepared
with return receipt requested. Mailed notices shall be addressed to the parties at the
addresses appearing in the introductory paragraph of this agreement, but each party may
change the address by written notice in accordance with this paragraph. Notices delivered
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personally will be deemed communicated as of actual receipt; mailed notices will be
deemed communicated as of two days after mailing.
Entire Agreement of the Parties
Section 8.02. This agreement supersedes any and all agreements, either oral or written,
between the parties hereto with respect to the rendering of services by Developer for CBIN
and contains all the covenants and agreements between the parties with respect to the
rendering of such services in any manner whatsoever. Each party to this agreement
acknowledges that no representations, inducements, promises, or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are
not embodied herein, and that no other agreement, statement, or promise not contained in
this agreement shall be valid or binding. any modification of this agreement will be effective
only if it is in writing signed by the party to be charged.
Partial Invalidity
Section 8.03. If any provision in this agreement is held by a court of competent jurisdiction
to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue
in full force without being impaired or invalidated in any way.
Attorney's Fees
Section 8.04. If any action at law or in equity, including an action for declaratory relief, is
brought to enforce or interpret the provisions of this agreement, the prevailing party will be
entitled to reasonable attorneys' fees, which may be set by the court in the same action or
in a separate action brought for that purpose, in addition to any other relief to which that
party may be entitled.
Third Party Beneficiary
Section 8.04. The parties hereto acknowledge and agree that the obligations set forth herein
are for the benefit of the City of Chula Vista as a third party beneficiary of this contract.
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[NEXT PAGE IS SIGNATURE PAGE]
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Page 11
Approved by:
Jim Robbins
Business Cluster Development (BCD)
Date
Approved by:
Sheila Washington, President
California Business Incubator Network (CBIN)
Date
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ATTACHMENT C
AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CHULA VISTA AND
THE CALIFORNIA BUSINESS INCUBATOR NETWORK
.-...-.........-.........-..........................,................._'...,.,...,.........................-.........-.-.-.....................................
.......-....--------.-----,..........,..,..,.-..,..,.,..................,---,-----_.....
.......................................................-.-.-,-........,.........-...-..,.--.-.-.-.-...-.....,'.
.. .....................
..........................
..........................-.:.-...-,-.....-.-...-,....,-.-...-.-.....
............................-.-.--.-...-.........-..,-.-...
The City of Chula Vista, a municipal corporation, and the California Business Incubation
Network (CBIN), a non-profit 501 (c)(3) organization, have entered into this amended and
restated memorandum of understanding effective as of , 1995 in order
to help create the Chula Vista Border Environmental Business Cluster (BEBC), an
environmental business incubator program. The goal of the Incubator program is to
encourage environmental business start-ups by providing a common site within the City of
Chula Vista where 18 - 30 start-ups can co-locate and receive inexpensive space, furnishings,
and management services as well as business development assistance and networking
designed to improve their chances for success. The Incubator will be coordinated in a
manner to maximize its interface with other projects within the Border Environmental
Commerce Alliance (BECA), including the Border Environmental Technology Resource Center
(BETRC) and BECA Demonstration Program, and with the California Environmental Business
Incubator Program (CEBIP).
RECITALS:
A. WHEREAS, on June 14, 1994 CBIN and the City of Chula Vista executed the original
Memorandum of Understanding (MOU); and
B. WHEREAS, subsequent to the award of an Economic Development Administration
grant, which provided implementation funding for the BECA which includes the
BEBC, conditions have changed such that an Amended and Restated MOU is
required; and
C. WHEREAS, the purpose of this Amended and Restated MOU is to amend the existing
MOU to reflect the program as necessary to operate the BEBC as a City of Chula
Vista administered program and allow CBIN to complete the tasks contained within
the Amended and Restated MOU; and
D. WHEREAS, all obligations under the original MOU which have been satisfied shall
remain satisfied notwithstanding the parties execution of this Amended and Restated
MOU; and
E. WHEREAS, otherwise, the Amended and Restated MOU shall supersede in its
entirety the original MOU previously executed on June 14, 1994.
NOW, THEREFORE, in consideration of the above recitals and the mutual obligations setforth
herein, the parties referenced herein desire to execute this Amended and Restated MOU on
the following terms and conditions.
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AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING
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ROLE DEFINITIONS:
City of Chula Vista: Referred to herein as "City". The City has previously provided $10,000
in seed money to help develop the incubator program, and will have right of approval of the
Incubator Draft and Final Business Plan, and of payment to CBIN and the Developer from
the City's seed money and from private donations, as delineated herein and in the
accompanying contract between CBIN and the developer.
California Business Incubator Network (CBIN): Referred to herein as "CBIN". CBIN is the
is the non-profit "local team member" and primary assistant to Business Cluster Development
to develop the incubator program and facility. CBIN agrees that in performing its obligations
under this contract it shall be acting in all respects as an independent contractor and shall
not be deemed an employee of the City.
Business Cluster Development (BCD): Referred to herein as "developer". The developer,
under contract to CBIN, will prepare and implement the incubator Business Plan, and
accomplish the initial opening of the incubator facility.
Chula Vista Border Environmental Business Cluster (BEBQ: Referred to herein as
"incubator". The BEBC is the proposed Incubator program and facility which will provide
low cost space and shared services for start-up environmental firms.
Contract: The contract refers to the related contract between CBIN and Business Cluster
Development, the Developer, which requires developer to prepare the Incubator Business
Plans, raise funds and open the Incubator facility, subject to City Council approval.
Board of Directors: The City of Chula Vista and CBIN will remain independent
organizations. A Board of Directors will be formed to provide policy and general
administrative oversight of the incubator program and the non-profit administering
agency/sponsor.
The Board will include members from the City of Chula Vista, the incubator sponsors and
other community and environmental business representatives as determined by the Incubator
Business Plan to be adopted by the City of Chula Vista City Council.
Operations:
The parties hereby agree as follows:
1. City's Duties:
a) City appoints CBIN as the non-profit primary assistant to BCD to help
coordinate the initial development and operations of the Incubator. In this
role, CBIN will accept donations of capital, furniture and equipment for the
Incubator project as an IRS-qualified 501(c)(3) non-profit, and will perform
other functions as delineated in Section 2 below. It is anticipated that CBIN
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AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING
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will complete the start-up phase and be replaced by a local permanent non-
profit sponsor no later than the end of the first year of Incubator operations.
b) City has previously donated $10,000.00 to CBIN in order to provide the
initial funds (seed money) necessary to start the Incubator development
process.
c) City will provide limited staff support (estimated to average less than 4 hours
per week), including review of budgets, business plan and other financial
reports, and assistance in identifying potential donors of capital and space
(sponsors) as well as with securing necessary community alliances.
d) City will take the lead role in the launch/announcement of the Border
Environmental Business Cluster, i.e., the Incubator. Organizing and funding
the launch/announcement will be the responsibility of the City with staff
assistance from CBIN and the Developer. CBIN, the Developer and Incubator
sponsors will all receive public recognition for their contributions.
e) City agrees to allow the BEBC Manager and BEBC Administrative
Assistant/Office Manager to assist CBIN in completing the tasks contained
within this agreement subject to the approval and oversight of the Border
Environmental Commerce Alliance (BECA) Director.
2. CBIN's Duties:
a) CBIN will solicit, accept and manage funds raised to underwrite the
development of this project as donations to CBIN, a non-profit 501 (c)3
organization. CBIN will be entitled to compensation for its efforts associated
with securing and managing the donations made to CBIN for this project.
Said compensation will entail reimbursement by the City to CBIN for their
efforts from fundraising proceeds not to exceed 7% per donation.
Reimbursement shall be based upon actual billable hours which can be
charged at no greater rate than $50 per hour. Donated fund management
activities shall include, but not be limited to, quarterly financial and narrative
reports to the City detailing the fundraising activities of the previous period,
any and all reports, correspondence or materials required by the donating
agencies to secure their financial support or satisfy conditions of their support,
filing of documents necessary to provide the non-profit donation benefit to
the donating agencies, and CBIN will coordinate meetings with potential
financial sponsors, the Developer and the City as appropriate and as
requested by the Developer and/or the City.
b) CBIN will enter into the attached consulting agreement with the Developer
to manage the development of the Incubator and that CBIN will act as the
local "team member" to assist the Developer to execute the incubator
development tasks outlined in the contract, and as requested by the
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AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING
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Developer. CBIN will make payment to the Developer as provided in the
attached agreement, subject to receipt of acceptable deliverables as stated in
the revised benchmarks in Section 4.0.1 of the contract.
c) CBIN has hired a BEBC Manager and BEBC Administrative Assistant/Office
Manager as contractors of CBIN and paid such employees from funds in the
Incubator operating budget, which was funded from sponsor donations.
CBIN was responsible for such benefits as required by law, also paid from the
Incubator operating budget. CBIN shall have no financial responsibility for
the capital, operating or other budget of the Incubator in excess of the
Incubator revenues, consisting of sponsor donations. Once the BEBC
Manager and BEBC Administrative Assistant/Office Manager become
employees of the City, CBIN would no longer be financially responsible for
costs associated with these employees.
d) CBIN will advise the City as relates to BEBC tenant recruitment and selection.
However, the Developer will make the final decisions concerning initial
businesses to be allowed entry into the Incubator. After completion of the
duties required by the contract with the Developer, the City reserves the right
to form a Technical Advisory Committee (TAC) and/or a Financial Advisory
Committee (FAC) to review candidate tenants and make final tenant selection
decisions; the TAC and FAC may be subcommittees of the BECA Board of
Directors or separate advisory groups.
e) CBIN will provide property management services for the incubator facility,
including oversight of: initial facility build-out/improvements, and facilityand
equipment maintenance as appropriate, as well as payment of all related fees
and bills. Notwithstanding the foregoing, CBIN shall no longer be
responsible for property management of the incubator once the BEBC
employees become city personnel, however, as provided in the Developer
contract, CBIN agrees to assist the City, as needed, to complete the
Development of Phase 2 of the incubator facility.
f) CBIN will assist the Developer to implement the Incubator marketing and
pub I Ic relations plan as requested by Developer and the City.
g) CBIN will assist the City in developing local alliances to provide business
development support to tenants, including, but not limited to, in the areas of:
financial assistance; job/entrepreneurial training; environmental export
assistance; environmental compliance and permitting assistance;
environmental and other data-base linkages; partnership and distribution
linkages; environmental technology transfer; and training in environmental
management techniques which incorporate the use of sustainable
technologies into tenant business practices. Such alliances are to include, but
are not limited to, the proposed Border Environmental Technical Resource
Center, the State's California Environmental Business Incubator Partnership,
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AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING
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the San Diego High Tech Resource Center/Regional Technology Alliance, and
Technology Incubator Program, as well as the Southwestern College Small
Business Development Center/International Trade Center (SBDGITC).
h) In addition to the tasks outlined above in sections "b" through "i", CBIN will
assist as specifically requested by Developer to carry out tasks identified in
the attached contract. CBIN will be entitled to be reimbursed by the
Developer for services rendered under Sections 2.b. through i. of this
Agreement services performed as requested by the Developer per the contract
in the amount of $50 per hour not to exceed $30,000 in total, subject to
approval by the City Council as described in Section 4.01 through 4.05 of the
contract. This $30,000 is exclusive of the maximum 7% donated fund
management fee, per item "a" above, and shall be invoiced accordingly.
CBIN acknowledges and agrees that, for the performance of duties set forth
in this agreement and under the contract, they will have no claim against the
City for any compensation other than the donated fund management fee and
must look to the Developer for any and all other compensation.
i) CBIN agrees that the City reserves the right to form an Executive Committee
to provide MOU oversight as deemed appropriate.
j) CBIN will, at City's request, file with the City Form 730, "Statement of
Economic Interests" in accordance with the Fair Political Practices
Commission (FPPC).
k) In that no relationship exists between CBIN and the Economic Development
Administration (EDA), CBIN shall not be responsible for costs associated with
or implications of an audit required by the EDA concerning the operation of
the BEBC.
I) CBIN agrees to make no expenditure of BEBC funds without prior approval
by the City; and that all purchasing of supplies, equipment, subscriptions,
services, etc. will be submitted to, processed and approved by the BECA
Contract Manager.
Limit on City of Chula Vista Obligations: It is expressly clear that neither this MOU nor the
accompanying agreement between CBIN and BCD obligate the City of Chula Vista to any
direct financial participation above and beyond the $10,000 contribution already made by
the City to CBIN for program seed money.
Location of Incubator: It is expressly understood that the City's participation in this MOU
and the related agreement between CBIN and BCD requires that the environmental incubator
be located in the City of Chula Vista and that CBIN and BCD are prohibited from developing
an Environmental Incubator within the County of San Diego without the written consent of
the City of Chula Vista City Council.
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AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING
Contact Persons: For purposes of the MOU and the related contract, the contact person at
the City shall be the Economic Development Manager. The CBIN contact shall be the
President, Sheila Washington, and the Developer contact shall be Jim Robbins.
Administration of the BEBC: The City reserves the right to contract with another entity or
to directly administer the BEBe. Subsequent to a decision by the City to contract with
another agency or to directly administer the BEBC itself, CBIN agrees to work cooperatively
with the City and/or the other city contracted agency to affect a smooth transition. The City
will retain the BEBC Manager and BEBC Administrative Assistant/Office Manager, currently
employees of CBIN, as City employees. Conversely, the City agrees to reasonably work with
CBIN to facilitate CBIN's completion of the tasks outlined herein subsequent to such a
transition.
Termination of MOU for Convenience: The City may terminate this MOU at any time and
for any reason, by giving specific written notice to CBIN of such termination and specifying
the effective date thereof, at least thirty (30) days before the effective date of such
termination. If the City does so elect to replace CBIN, CBIN agrees to transfer to the City,
or its designee, all rights, title, and interest in and to any and all books, records, contract
rights, lease rights, donations, equipment and/or other assets funded by donations, which
relate to the incubator project. If the MOU is terminated by City as provided in this
paragraph CBIN shall be entitled to receive just and equitable compensation for services
provided and work completed on other materials to the effective date of such termination.
In the event the MOU is terminated, the City reserves the right to contract with another
entity or to directly administer the BEBC and to maintain the BEBC Manager and BEBC
Administrative Assistant/Office Manager as either City employees or consultants.
Preeminence of Amended and Restated Memorandum of Understanding: All obligations
under the original MOU which have been satisfied shall remain satisfied notwithstanding the
parties execution of this Amended and Restated MOU. The Amended and Restated MOU
shall supersede in its entirety the original MOU previously executed on June 14, 1994.
SIGNATURE PAGE FOLLOWS ON NEXT PAGE.
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By: Date
Sheila Washington, President
California Business Incubator Network
Acknowledged and Approved By:
Jim Robbins
Business Cluster Development
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AMENDED AND RESTATED
MEMORANDUM OF UNDERSTANDING
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By: Date
John Goss, City Manager
City of Chula Vista
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ATTACHMENT D
AMENDED AND RESTATED
CONTRACT FOR SERVICES
DEVELOPMENT OF BORDER ENVIRONMENTAL BUSINESS CLUSTER
(INCUBATOR PROGRAM)
This AGREEMENT made this
day of
, 1995, between:
CLIENT: California Business Incubation Network (CBIN), having a principal place
of business at: 350 S. Grand Ave., Los Angeles, CA 90071; and
CONTRACTOR: Business Cluster Development (BCD), having a principal place of
business at: 160 N. Castanya, Menlo Park, CA 94028. Referred to herein as "Developer".
RECITALS:
WHEREAS, on June 14, 1994 CBIN and BCD executed the original Contract for
Services; and
WHEREAS, subsequent to the award of an Economic Development Administration
grant, which provided implementation funding for the BECA which includes the BEBC,
conditions have changed such that an Amended and Restated Contract for Services is
required; and
WHEREAS, the purpose of this Amended and Restated Contract for Services is to
amend the existing Contract for Services to reflect the program as necessary to operate the
BEBC as a City of Chula Vista administered program and allow CBIN to complete the tasks
contained within the Amended and Restated Contract for Services; and
WHEREAS, all obligations under the original Contract for Services which have been
satisfied shall remain satisfied not withstanding the parties execution of this Amended and
Restated Contract for Services; and
WHEREAS, the Amended and Restated Contract for Services shall supersede in its
entirety the original Contract for Services previously executed on June 14, 1995.
NOW, THEREFORE, in consideration of the above recitals and the mutual obligations
setforth herein, the parties referenced herein desire to execute this Amended and Restated
Contract for Services.
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DEFINITIONS:
Border Environmental Business Cluster (BEBQ - referred to herein as
"Incubator": The incubator program and facility which will group small start-up
environmental companies in one building and provide benefits and assistance to encourage
the commercialization and demonstration of environmental technologies.
Business Cluster Development: Referred to herein as "Developer". BCD will
act as the Incubator developer. Under contract to CBIN, and in accordance with the related
MOU between CBIN and the City of Chula Vista, BCD will prepare and implement the
Incubator Business Plan, and accomplish the initial opening of the Incubator facility.
California Business Incubator Network: Referred to herein as "CBIN", CBIN
is the interim non-profit administering agent of the proposed Incubator and is the "local team
member" to assist BCD to develop the Incubator program and facility.
City of Chula Vista: Referred to herein as "City". The City is providing
$10,000 in seed money to the Incubator project and has the right of approval of the Draft
and Final Incubator Business Plan, as well as of payment to the developer and CBIN for costs
incurred as delineated herein and in the related MOU.
MOU: Refers to the Memorandum of Understanding between the City of
Chula Vista and CBIN which outlines their respective roles in the Incubator project and
requires CBIN to contract with BCD, the developer, to develop the Incubator program and
facility.
ARTICLE 1. TERM OF CONTRACT
Section 1.01. This agreement will become effective upon execution, and will continue in
effect until the services provided herein have been performed, unless terminated in
accordance with provisions of Article 7 of this agreement.
ARTICLE 2. INDEPENDENT CONTRACTOR STATUS
Section 2.01. It is the express intention of the parties that the Developer is an independent
Contractor and not an employee, agent, joint venturer or partner of CBIN. Nothing in this
agreement shall be interpreted or construed as creating or establishing the relationship of
employer and employee between CBIN and the Developer or any employee or agent of the
Developer. Both parties acknowledge that the Developer is not an employee for state or
federal tax purposes. The Developer shall retain the right to perform services for others
during the term of this agreement, except as prohibited in the MOU.
Page 2
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ARTICLE 3. SERVICES TO BE PERFORMED BY DEVElOPER
Specific Service
Section 3.0.1. The Developer agrees to develop an environmental business incubator within
the City of Chula Vista, including the following tasks:
1. Identify and recruit financial sponsors to provide a site/facility for the incubator, as
well as available furniture and seed capital for the incubator. (Seed capital is the
funding needed to pay operational expenses until tenant rents are sufficient to cover
such expenses.) Recruitment of sponsors shall include presentations to potential
sponsors and follow-up to help secure their support.
2. Identify a preferred incubator site and at least one alternative site, each of which
accommodate 15,000 to 20,000 square feet of incubator space, or enough space to
adequately accommodate up to 25 start up businesses.
3. Provide a detailed written site analysis which includes a functional and financial
analysis of the advantages and disadvantages of each site, and a spread sheet analysis
of estimated income and expenses at the potential sites, i.e. a projected operating
budget for the first two years, including all development costs.
4. Recommend and secure appropriate donated site.
5. Develop recommended incubator program goals, initial incubator policies; operating
principles including application and tenant selection criteria (consistent with the
Border Environmental Commerce Alliance Mission Statement); and management
structure, including recommended Incubator staffing.
6. Prepare a marketing plan to identify potentially successful environmental business
niches/sectors and to attract potential start-up tenants to the incubator and prepare
public relations plan to publicize the incubator. Develop and print a "Border
Environmental Business Cluster" brochure.
7. Hire and train incubator staff (who will then assist in remaining tasks).
8. Solicit incubator tenants. Screen and qualify interested start-up businesses; select
initial incubator tenants in accordance with approved selection criteria.
9. Oversee facility planning and site fit-up.
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10. Assist and cooperate with CBIN in the creation of an alliance of local and regional
environmental, business, public and educational institution resources to work with
the incubator start-ups.
11. Assist with the formation of the Board of Directors for the incubator, as well as the
Technical and Financial Advisory Committees, as deemed appropriate by the City,
and with the development of related policies and procedures.
The Developer agrees to prepare and submit to the Chula Vista City Council for their review
and comment, a Draft detailed, written business plan for the Incubator program. The
Business Plan shall include:
a. site identification per item 2 above.
b. site analysis per item 3 above.
c. identification of potential sponsors per item 1 above.
d. two year operating budget per item 3 above.
e. recommended Incubator goals, policies, operating principles and
management structure per item 5 above.
f. proposed implementation schedule.
g. marketing plan per item 6 above.
h. recommended service providers/all iance network, per item 10 above.
I. recommended Board and Advisory Committee structure and policies
per item 11 above.
Following receipt of staff and Council input, the Developer agrees to prepare a Final Business
Plan for review and adoption by the City Council and shall submit four bound and one
unbound copies.
Employment of Others
Section 3.02. Developer may, at the Developer's own expense, employee such assistants
or subcontractor as Developer deems necessary to perform the services required of
Developer by this agreement. CBIN may not control, direct, or supervise Developer's
assistants or employees in the performance of those services. Developer assumes full and
sole responsibility for the payment of all compensation and expenses of these assistants and
subcontractors.
Place of Work
Section 3.03. Developer shall perform the services required by this agreement at any place
or location and at such times as Developer shall determine. Developer will, however, attend
meetings in the city of Chula Vista as requested by City staff. Travel costs to Chula Vista and
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related lodging expenses will be reimbursed separately from the compensation stated below
in Section 4.01, from cash donations.
ARTICLE 4. COMPENSATION
Payment Benchmarks
Section 4.01. In consideration for the services to be performed by Developer, CBIN agrees
to pay Developer:
The development fee for this project shall be $60,000.00, plus travel and lodging expenses.
As indicated in Section 3.0.1. above, the Developer's scope of work shall include fundraising
activities for the Incubator, including donation of a facility and equipment as well as cash
donations for operational costs. The Developer's compensation shall be paid by CBIN from
the funds raised by the Developer, with the exception of the first $10,000 payment which
shall be made by CBIN from the $10,000 in seed money provided by the City of Chula
Vista. Any corporate sponsorship raised for the BEBC shall be immediately transferred to the
Border Environmental Commerce Alliance office within the Chula Vista Community
Development Department upon receipt.
The development fee shall be paid to the Developer according to the following schedule of
benchmarks:
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)
Benchmark
1.
First benchmark: Signing of
development contract
2.
Second benchmark:
. Transfer a total of $13,000 cash in
corporate sponsorships
. Complete Phase I facility fit-up
(10,000 square feet)
3.
Third benchmark:
. Final Business Plan is submitted and
approved by City Council
. Incubator Grand Opening and at least
8 tenants are admitted
. Transfer a total of $15,000 cash in
corporate sponsorships
4.
Fourth benchmark:
. Complete solicitation, screening and
qualifying of at least 6 more incubator
appl icants
. Transfer a total of $50.000 cash in
corporate sponsorships
5.
Fihh benchmark:
. Complete Phase 2 of facility fit~up
(remaining 8,000 square feet)
. Pre-lease Phase 2 space to at least 4
tenants
. Transfer a total of $55.000 cash in
corporate sponsorship
6.
Sixth benchmark:
. Transfer a total of $44.000 cash in
corporate sponsorship
. Complete all tasks as stated in this
agreement
TOTAL
Target Date
Executed in February
1994
July 15,1995
August 15, 1995
(By Odober 10, 1995)
December 1, 1995
April 1, 1996
July 1, 1996
Payment
$10,000 (paid)
$10,000 when tasks are
completed, including
Coundl approval
$10,000 when tasks are
completed, including
Cound I approval
$15,000 when tasks are
completed, including
Council approval
$10,000 when tasks are
completed
$5,000 when tasks are
completed
$60,000.00
Further project specific details are contained within the SESC Project Checklist which will
be used for scheduling purposes.
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Payment of local team member
Section 4.02. The Developer shall be responsible for developing/implementing the
Incubator, and specifically for the tasks delineated in Section 3.0.1. above. However, in that
capacity, the Developer shall be able to utilize the services of CBIN to assist as the local
Incubator team member (as noted in the MOU between CBIN and the City of Chu/a Vista)
in such implementation. BCD may reimburse CBIN on a billable basis at a rate of $50.00
per hour, not to exceed $30,000 in total over the life of the contract.
Invoices
Section 4.03. The Developer shall submit invoices for all services rendered per the schedule
above. Such invoices shall also identify an hourly breakdown of billable services by CBIN
as authorized by BCD. Upon receipt of payment by the developer, the developer shall
immediately pay to CBIN any amounts owed to CBIN for hourly services performed and
approved thereby.
Expenses
Section 4.04. Developer shall be responsible for all costs and expenses incident to the
performance of services, including but not limited to, all costs of equipment provided by
Developer, all fees, fines, licenses, bonds or taxes required of or imposed against Developer
and all other of Developer's costs of doing business.
ARTICLE 5. OBLIGATIONS OF DEVELOPER
Tools and Instrumentalities
Section 5.01. Developer will supply all tools and instrumentalities required to perform the
services under this agreement. Developer is not required to purchase or rent any tools,
equipment or services from CBIN.
Section 5.02. Developer will not be liable to CBIN, or to anyone who may claim any right
due to a relationship with CBIN, for any acts or omissions in the performance of services
under the terms of this Agreement or on the part of employees or agents of the Developer
unless such acts or omissions are due to negligence or willful misconduct. CB/N will
indemnify and hold Developer free and harmless from any obligations, costs, claims,
judgments, attorney's fees, and attachments arising from, growing out of, or in any way
connected with the services rendered to CBIN under the terms of this Agreement, unless
Developer is judged by a Court of competent jurisdiction to be guilty of willful misconduct.
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Assignment
Section 5.03. Neither this agreement nor any duties or obligations under this agreement may
be assigned by Developer without the prior written consent of CBIN and the City of Chula
Vista in their sole discretion.
State and Federal Taxes
Section 5.04. As Developer is not CBIN's employee, Developer is responsible for paying
all required state and federal taxes. In particular:
. CBIN will not withhold FICA (Social Security) from Developer's payments;
. CBIN will not make state or federal unemployment insurance contributions on
Developer's behalf;
. CBIN will not make disability insurance contributions on behalf of Developer;
. CBIN will not obtain workers' compensation insurance on behalf of Developer.
Financial Interests of Developer
Section 5.05. At City's request, CBIN and/or any executive therefor, as designated by City,
shall file with the City Form 730 "Statement of Economic Interests" in accordance with the
FPPC regulations.
ARTICLE 6. OBLIGATIONS OF CLIENT
Cooperation of Client
Section 6.01. CBIN agrees to comply with all reasonable requests of Developer (and provide
access to all documents reasonably) necessary to the performance of Developer's duties
under this agreement.
CBIN agrees to receive contributions, manage accounting and bookkeeping and pay
incubator employees until such time as a local non-profit agency is identified or created to
be the permanent owner/sponsor of the incubator.
Assignment
Section 6.02. Neither this agreement or any duties or obligations under this agreement may
be assigned by CBIN without the prior written consent of Developer and the City of Chula
Vista.
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ARTIClE 7. TERMINATION OF AGREEMENT
Termination by Client for Default of Developer
Section 7.01. Should Developer default in the performance of this agreement or materially
breach any of its provisions, Client, at Client's option, or the City of Chula Vista at its option,
may terminate this agreement by giving written notification to Developer. Payment shall still
be due Developer for any completed benchmarks.
Termination by Developer for Default of Client
Section 7.02. Should CBIN default in the performance of this agreement or materially
breach any of its provisions, Developer, at the Developer's option, may terminate this
agreement by giving written notice to CBIN and the City. Notwithstanding the foregoing,
such termination shall not become effective until 30 days after such notice, during which
time CBIN shall, at the City's sole discretion, be given the opportunity to cure such breach
in a manner satisfactory to the developer and to the City. The City shall reserve the right to
replace CBIN as stated in the "Operations" section of the MOU during the developer's 30
day notice period - or at anytime during the contract period with 30 days notice by the City.
Payment shall sti II be due Developer for any completed benchmarks.
Termination for Failure to Make Agreed-Upon Payments
Section 7.03. Should CBIN fail to pay Developer all or any part of the compensation set
forth in Article 4 of this agreement on the date due, Developer, at the Developer's option,
may terminate this agreement if the failure is not remedied by CBIN with thirty (30) days
from the date payment is due by giving written notice to CBIN and the City.
ARTIClE 8. GENERAL PROVISIONS
Notices
Section 8.01. Any notices to be given hereunder by either party to the other may be effected
either by personal delivery in writing or by mail, registered or certified. postage prepared
with return receipt requested. Mailed notices shall be addressed to the parties at the
addresses appearing in the introductory paragraph of this agreement, but each party may
change the address by written notice in accordance with this paragraph. Notices delivered
personally will be deemed communicated as of actual receipt; mailed notices will be
deemed communicated as of two days after mailing.
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Entire Agreement of the Parties
Section 8.02. This agreement supersedes any and all agreements, either oral or written,
between the parties hereto with respect to the rendering of services by Developer for CHIN
and contains all the covenants and agreements between the parties with respect to the
rendering of such services in any manner whatsoever. Each party to this agreement
acknowledges that no representations, inducements, promises, or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are
not embodied herein, and that no other agreement, statement, or promise not contained in
this agreement shall be valid or binding. any modification of this agreement will be effective
only if it is in writing signed by the party to be charged.
Partial Invalidity
Section 8.03. If any provision in this agreement is held by a court of competent jurisdiction
to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue
in full force without being impaired or invalidated in any way.
Attorney's Fees
Section 8.04. If any action at law or in equity, including an action for declaratory relief, is
brought to enforce or interpret the provisions of this agreement, the prevailing party will be
entitled to reasonable attorneys' fees, which may be set by the court in the same action or
in a separate action brought for that purpose, in addition to any other relief to which that
party may be entitled.
Third Party Beneficiary
Section 8.04. The parties hereto acknowledge and agree that the obligations set forth herein
are for the benefit of the City of Chula Vista as a third party beneficiary of this contract.
Preeminence of Amended and Restated Contract for Services
Section 8.05. All obligations under the original Contract for Services which have been
satisfied shall remain satisfied not withstanding the parties execution of this Amended and
Restated Contract for Services. The Amended and Restated Contract for Services shall
supersede in its entirety the original Contract for Services previously executed on June 14,
1995.
[NEXT PAGE 15 SIGNATURE PAGE]
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Page 10
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Approved by:
Jim Robbins
Business Cluster Development (BCD)
Date
Approved by:
Sheila Washington, President
California Business Incubator Network (CBIN)
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Date
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Page 11
MEMORANDUM
August 17, 1995
TO:
The Honorable Mayor and City Council,(j,
John D. Goss, City Manager~ ~~ ~ .
Chris Salomone, Community Development Director L ...
VIA:
FROM:
SUBJECT:
Summary of Border Environmental Commerce Alliance Agenda Items
The Council meeting agenda for August 22 includes three items that are related to the Border
Environmental Commerce Alliance (BECA). The issues are somewhat complex, the items are
necessarily lengthy, and two of them are substantially interrelated. The intent of this memo
is to give Council a brief comparative summary of the three items to assist the Council in
focusing on the three seJjarate actions.
Item 9:
ADDrovina Amended MOU With California Business Incubator Network (CBIN)
This item changes the existing MOU with CBIN in response to the changed circumstance of
the City having received federal EDA funds to pursue the BECA effort, which includes the
incubator (called the Border Environmental Business Cluster, or BEBC). The existing, pre-EDA,
MOU with CBIN provided for the City to act as a sponsor for CBIN's incubator as a non-city
program in Chula Vista. The MOU had them raising private funds, overseeing start-up and
leasing of the incubator, and acting as the interim non-profit administrator of the incubator
until a permanent non-profit could be established.
The existing MOU does not "fit" with the requirements of the subsequently-awarded EDA
funds which establishes the BEBC as a City program. The City has two choices to accomplish
the necessary fit with the federal funding in order to be able to use EDA funds: amend the
CBIN contract to expand CBIN's role in the incubator; or, amend the CBIN contract to focus
CBIN on fund-raising, and clarify that the City is the BEBC administrator and to switch
incubator staff to the City. The agenda statement recommends the latter. This item requires
immediate action to avoid program funding interruption.
Item 10:
Ordinance and Resolutions Takina Formal SteDs to Switch Administration of
BEBC !lncubatorl to the Citv
This item would approve the necessary steps to allow the City to directly administer and staff
the incubator program. It adds the two BEBC staff members (currently employed by CBINI
to the Municipal Code as unclassified employees, takes associated budget actions, and
authorizes staff to notify EDA of these actions.
Item 11:
BECA Interim Advisorv Board
This item recommends the formation of a small interim advisory board of professionals in the
environmental field to provide immediate guidance to the BECA program and to assist with
the development of a larger, permanent advisory board. The interim board members would
"graduate on" to the permanent board when it can be formulated.
It) ~I /It)-;;<
ITEM TiTlE:
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
COUNCIL AGENDA STATEMENT
Item / LJ
Meeting Date 8/22/95
ORDINANCE ,2~3/ Amending Section 2.05.010 of the Chula Vista
Municipal Code to add two unclassified Border Environmental Business Cluster full-
time positions
RESOLUTION / S"Rt'imending the Fringe Benefit Resolution for Middle Managers
and Unrepresented Employees to include BEBC full-time positions
RESOLUTION / r~ ~ Amending the FY 1995/96 City budget to add two 9rant-
funded, unclassified BEBC full-time positions ($106,700) and to transfer the Border
Environmental Business Cluster Contractual Services account to the Border
Environmental Commerce Alliance Operational Account (100-0262); 2) authorizing
staff to notify the Economic Development Administration that the Border
Environmental Business Cluster will be directly administered by the City of Chula
Vista; and 3) appropriating $35,083 to the City's BECA FY 1995/96 budget for the
purchase of equipment
Community Development arlo; C_S .
City Manager~ ~ ~\
(4/5ths Vote: YesXNo_)
In order for any expenses to be paid for the Border Environmental Business Cluster (BEBC) program from
EDA funds, the City must either immediately enter into an EDA approved contract with a second party
for BEBC management services or directly administer the BEBC program itself. The purpose of this item
is to allow for the City to immediately assume administration of the BEBC. The proposed actions allow
for the City to 1) hire a BEBC Manager and Office Assistant (specifically, to transfer the existing BEBC
Manager and Office Assistant, currently employees of the California Business Incubator Network, to City
personnel), and 2) to transfer EDA funds for the BEBC from a Contractual Services account to the City's
BECA operations account.
This item is being requested as an urgent action to avoid any interruption in the BEBC program. The
program has been making impressive progress, and not providing for the immediate ability to utilize EDA
funds would bring that progress to a halt. Operating expenses, including the salaries of the two existing
BEBC staff have been paid since the July 1 opening with private funds raised by CBIN per an existing
MOU with the City, which does not allow for use of EDA funds. The private funds available for operating
expenses have been exhausted.
Note that Council is receiving a related staff report recommending amendments to CBIN's existing MOU
with the City.
RECOMMENDA TION: That Council approve the resolutions which: 1) adopt the Urgency Ordinance
amending Section 2.05.010 of the Chula Vista Municipal Code to include the BEBC Manager and
Administrative Assistant/Office Manager as unclassified full-time City positions; 2) amend the Fringe
Benefit Resolution for Middle Manager and Unrepresented employees to include the BEBC Manager and
Administrative Assistant/Office Manager; and 3) amend the Fiscal Year 95-96 City Budget to add the
BEBC Manager and Administrative Assistant/Office Manager ($106,700), and transfer the BEBC
ItJ~ :J
Page 2, Item / Il
Meeting Date 8/22/95
contractual services account to the Border Environmental Commerce Alliance (BECA) operation account
(100-0262); 4) authorize staff to notify the EDA of the above BEBC program related modifications; and
5) appropriate an additional $35,083 of EDA funds to the City's FY 1995/96 BECA budget for the
purchase of BEBC equipment.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On June 27, 1995 Council appropriated the FY 1995/96 (Year I) Border Environmental Commerce Alliance
(BECA) budget in the amount of $956,536. This appropriation included three separate budgets as
approved in the City's contract with EDA, the program's primary funding source. These three budgets
include: 1) the BECA administration budget (City staff and operational monies); 2) Contractual Services
for the BETRC (the contract with Southwestern College); and 3) Contractual services for the BEBC. Staff
is recommending that no contract be executed for administration of the BEBC using EDA monies. Instead,
staff is recommending that for the near term, the BEBC be directly administered by the City. Therefore,
staff is requesting that the BEBC contractual budget be transferred to the City BECA administration
budget, that two new BEBC city positions be authorized, and that the 2 existing BEBC staff, currently
employees of the California Business Incubator Network (CBIN). be transferred to these City positions,
subject to meeting all City requirements. Until this is done, no EDA funds may be expended for the BEBC
program or staff. As noted above, BEBC staff have been paid to-date by private dollars raised by CBIN
per an existing MOU with the City which focuses on the incubator facility's development and private
fundraising.
At the time an application was submitted by the City to EDA for grant funding of the BECA, it was
contemplated that the BEBC would be administered under a contract between the City and the California
Business Incubation Network (CBIN). in a manner similar to the arrangement between the City and
Southwestern College for the administration of the Border Environmental Technology Resource Center
(BETRC). This would have required a new contract with CBIN subject to all City and EDA performance
and regulation requirements. It has since been determined that a preferable arrangement is for the City
to directly administer the BEBC on an interim basis until such time as a permanent BECA and/or BEBC
nonprofit is created to assume this role. Staff's recommendation is based upon the need for CBIN to
focus on completion of the required tasks under their existing MOU primarily related to facility
development and fundraising. This existing MOU does not authorize expenditure of EDA funds nor is it
subject to client related performance standards nor grant-related regulatory compliance. CBIN is paid
exclusively from fund raising proceeds. Further, experience has shown us that a BEBC administrative
contract subject to complex state and federal regulatory requirements, as well as City and federal service
delivery performance requirements, would not be a good fit for CBIN which prefers to work in an
entrepreneurial environment without government regulatory constraints (as is allowed under their existing
MOU).
I. BECA BUDGET:
As discussed above, it is imperative that the City immediately begin to directly administer the
BEBC program, in order for BEBC expenses to be eligible for EDA funding. Accordingly, the City's
FY 95-96 BECA Operations Account must be amended to include the BEBC Contractual Services
account in the amount of $219,356. Transfer of these BEBC funds to the City's BECA account
will allow the City to pay for BEBC staff and other BEBC operational expenses. Additionally, staff
is recommending that $35,083 be appropriated in the FY 95-96 BECA budget for equipment
purchase (by transferring these funds from BECA's Year II and III Equipment accounts). Council
is therefore requested to approve the following amended BECA budget accounts:
/~,'(
Page 3. Item / ZJ
Meeting Date 8/22/95
YEAR 1 BECA PROGRAM BUDGET
FUNDING SOURCES
PROGRAM GRAND
OBJECT DESCRIPTION STATE EDA CDBG REVENUE' TOTAL TOTAL
Staff Services 2:
5101 Salaries 0$177,325 $ 29,160 0 $ 206.485
5103 Overtime 0 2,608 0 0 2,608
5141 Retirement 0 25,838 4,048 0 29,886
5142 Employee Benefit Plan 0 23.458 5.450 0 28,908
5143 Medicare 0 3,350 454 0 3,804 $271.691
Specialized Contract Services:3
5201 Professional Services 0 4,300 0 34.700 $ 39,000
5202 Other Contractual Services 0 13,200 0 0 13,200
5203 Contract Services $ 91,050 332,252 0 36,232 459,534
SESe Development Fee4 0 0 0 60,000 60,000 $571.734
5221 Travel 0 $ 3,000 0 0 $ 3,000
5224 Training 0 1,282 0 $ 1.718 3,000
5398 Capital Outlay 0 48,542 0 4,926 53.468
5271 Copier Leases 0 6,270 0 0 6,270
5301 Office Supplies 0 4.400 0 500 4,900
5212 Printing and Binding 0 2,000 0 6,500 8,500
5218 Postage 0 2,000 0 0 2,000
5252 Telephone 0 4,300 0 0 4,300
5331 Publications & Subscriptions 0 3,500 0 1,500 5,000
5298 Security System & Janitorial 0 9,632 0 0 9,632
5251 Utilities 0 20,230 0 0 20,230
5262 Maintenance 0 4,198 0 0 4.198
5233 Insurance 0 2,640 0 0 2.640
5253 Waste Removal 0 1,056 0 0 1,056
5399 Program Reserve 0 0 0 $ 20,000 20,000 $ 148,194
$ 991,619
Program Revenue is projected income from SESe rental fees, corporate sponsorships, and, potentially, client fees.
Staff Services refer to 1.00 BECA Director, 1.00 BECA Contract Manager, and 1.00 BECA Administrative Assistant,
plus the proposed full-time BEBC Manager and BEBC Administrative Assistant\Office Manager. Each position was
budgeted to allow hiring up to "E" step. (All staff, but the Administrative Assistant\Office Manager were hired at
"A" Step.)
Specialized Contract Services refers to the contract with Southwestern College for administration of the BETRC.
This contract covers ~ costs associated with the BETRC program including personnel and operating costs. (Note:
the contract with Southwestern College was approved by Council on June 20, 1995.)
,
BEBC Development Fee refers to: 1} $50,000 per the existing agreement with the California Business Incubation
Network (CBIN) and Business Cluster Development (as previously approved by Council) for the development of the
BESC, fund-raising, and initial BEBC administration (this $50,000 fee will be paid exclusively from fund-raising
proceeds generated by the contractors); and 2) $10,000 for additional proposed services from Business Cluster
Development (BCD) related to statewide Environmental Business Cluster networking per a future contract.
/~-5
Page 4, Item / tJ
Meeting Date 8/22/95
II. BEBC STAFFING
A. Unclassified Positions
In order for the existing BEBC Manager and Administrative Assistant/Office Manager to
be transferred from CBIN to City personnel, Council will need to authorize the following
two new full time unclassified positions: "Border Environmental Business Cluster
Manager" and "Border Environmental Business Cluster Administrative Assistant/Office
Manager". The Chula Vista Charter Article VII, Section 701 (a)(7) defines Unclassified
Service positions to include, "Persons employed to fill positions which have been created
for work and/or projects funded entirely or in part by grants made to the City." Hiring the
BEBC staff as unclassified personnel will allow the existing two staff members to be
retained. That is, it will not be necessary to initiate another recruitment and selection
process. This is highly desirable as the two individuals that have been selected are
viewed by staff as very competent and extremely well qualified for the positions (see
resumes attached). Additionally, if these positions needed to be re-recruited and
interviewed, etc., the BEBC program's implementation would be significantly delayed,
which would create problems in terms of BECA overall credibility and meeting EDA
performance criteria. It is important to note that both employees were hired following
City personnel procedures. Specifically, job descriptions, job announcements, advertising
and applicant screening were overseen by the City's Personnel Department; candidates
were interviewed by a four member panel, including a CBIN representative, a Business
Cluster Development representative, a Board Member of the San Diego BIC incubator, and
the City's Economic Development Manager. The final selection was approved by the
Community Development Director.
B. Uroencv Ordinance
The positions are proposed to be created by adopting an urgency ordinance to amend
section 2.05.010 of the Chula Vista Municipal Code. Taking this action on an urgent
basis allows the customary second reading to be waived, thereby allowing the BEBC
personnel to immediately transfer to City employment, subsequent to the steps outlined
in Section C below. It is anticipated that the staff could be hired as early as August 25.
These actions would assure that serious program disruption would be avoided.
Necessary BEBC operational expenses could be reimbursed to the City by EDA. The
BEBC staff would receive their paychecks in a timely fashion. Waiting for a second
reading of the ordinance, which is the ordinary non-urgency procedure, would result in
a damaging thirty-day interruption in the BEBC program, including an interruption in salary
and benefits to existing staff.
Specifically, the BEBC Manager and Administrative Assistant/Office Manager will be paid
by CBIN on August 20 from the balance of available fund raising proceeds. Assuming
Council approval, the following paycheck would be paid by the City from budgeted EDA
funds.
C. Salaries and Benefits
The two recommended positions and the related budget have been previously approved
by EDA and the City (albeit as "Contractual Services"). Salary and benefit information,
as well as comparable City positions, were previously provided to Council and are
included in Attachment B. Essentially, the BEBC Manager's position is equivalent to a
/tJ-?
Page 5, Item /0
Meeting Date 8/22/95
Principal Community Development Specialist ($48,324 - $58,741) and the BEBC
Administrative Assistant/Office Manager is equivalent to an Administrative Office
Specialist II ($20,892 - $25,381). The SESC Manager was hired by CSIN at A Step. The
BESC Administrative Assistant/Office Manager was hired at $24,000, basically equivalent
to an E Step, based upon previous experience and qualifications. It is recommended that
both employees be transferred to the City at these same salaries and "Step" levels. Both
employees will receive City benefits.
Following approval by council of the two new unclassified BESC positIOns and related
Resolutions, the following administrative steps need to occur prior to the City's hiring of these
two individuals:
1) EDA approval of City/EDA contract modifications obtained (EDA has
previously approved the individuals)
2) SESC Manager takes and passes City's quantitative examination
3) BESC Manager and Administrative Assistant/Office Manager take and pass
City physicals
4) SESC Manager and Administrative Assistant/Office Manager attend City
orientation
III. EDA APPROVAL
The recommendations outlined in this report require alterations to the City's contract with EDA.
While we are required to submit a letter registering the proposed changes, discussions with EDA
indicate that there should be no problem in receiving EDA's approval.
IV. NEW APPROPRIATION
When Council appropriated the Year 1 BECA Program Budget it included a line item for leasing
Computer\Copier\Fax equipment. However, after working with the City's Management
Information Systems and Purchasing Divisions it has become clear that it is more cost effective
to purchase the equipment. Staff is therefore recommending that Council appropriate an
additional $35,083 which transfers funds from the Equipment line items from Years 2 and 3 of
the BECA budget to Year 1.
FISCAL IMPACT:
The recommendations outlined in this report will result in no new costs to the City. All related expenses
are to be paid from SECA grant or program income, all of which has been previously approved by
Council. Council action will, in summary:
1) approve two new City unclassified positions to staff the SESC at a total Year I
cost of $106,700;
2) authorize a budget adjustment, transferring $219,356 in Year I (95/96) SESC
funds from a contractual services account to a City BECA account; and
3) appropriate to the City's FY 1995/96 BECA budget an additional $35,083 for the
purchase of equipment. (This money will come from BECA Years II and III
equipment leasing line items.)
[(MD) c:wp51\document\1200.95 (August 17, 1995}]
/jJ~ 7
RESOLUTION NO. /&V~t?~
RESOLUTION OF
CHULA VISTA
RESOLUTION
UNREPRESENTED
ENVIRONMENTAL
POSITIONS
THE CITY COUNCIL OF THE CITY OF
AMENDING THE FRINGE BENEFIT
FOR MIDDLE MANAGERS AND
EMPLOYEES TO INCLUDE BORDER
BUSINESS CLUSTER FULL-TIME
WHEREAS, on June 27, 1995, Council appropriated
1995/96 (Year 1) Border Environmental Commerce Alliance
budget in the amount of $956,536; and
the FY
(BECA)
WHEREAS, this appropriation included three separate
budgets in the City's contract with EDA, the program's primary
funding source; and
WHEREAS, the Border Environmental Business Cluster is one
initiative of the City's BECA; and
WHEREAS, staff is recommending that no contract be
executed for administration of the BEBC using EDA monies and that
BEBC be directly administered by the City; and
WHEREAS, therefore, staff is requesting that the BEBC
contractual budget be transferred to the City BECA administration
budget and that two BEBC city positions be authorized and the two
existing BEBC staff be transferred to these positions; and
WHEREAS, concurrently herewith the City is amending the
BEBC budget and creating two new BEBC positions in accordance with
staff's request; and
WHEREAS, in order to fully effectuate such actions it is
also necessary to amend the Fringe Benefit Resolution for Middle
Managers and Unrepresented employees to include the Border
Environmental Business Cluster Manager and Administrati ve
Assistant/Office Manager.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby amend the Fringe Benefit Resolution
for Middle Manager and Unrepresented Employees to include the
Border Environmental Business Cluster Manager and Border
Environmental Business Cluster Administrative Assistant/Office
Manager as set forth in Exhibit 1 and incorporated herein by
reference as if set forth in full.
Presented by
Approved as to form by
Chris Salomone, Director of
Community Development
C;\rs\BEBC.FB
ItJ!l -/
EXECUTIVE, MIDDLE MANAGEMENT AND UNREPRESENTED
FRINGE BENEFIT COMPENSATION
FISCAL YEAR 1993-94
Exhibit 1
Page 1
II. MIDDLE MANAGEMENT GROUP
A. Membership
Assistant Transit Coordinator
Battalion Chief
Border Environmental Business Cluster Manager
Building Projects Supervisor
Building Services Superintendent
Business Office Manager
CIP Projects Supervisor
Collections Supervisor
Communications Systems Manager
Computer Operations Manager
Conservation Coordinator
Deputy City Attorney
Deputy City Clerk
Deputy Director of Parks and Recreation
Disaster Preparedness Coordinator
Development Projects Manager
Environmental Projects Manager
Environmental Resource Manager
Environmental Review Coordinator
Fire Marshal
Fleet Manager
Geographic Information Systems Manager
Housing Coordinator
Information Systems Manager
Landscape Architect
Library Automation Manager
Micro Computer Specialist
Open Space Coordinator
Principal Community Development Specialist
Principal Librarian
Principal Management Analyst
Principal Management Assistant
Principal Personnel Analyst
Principal Planner
Public Information Coordinator
Public Works Coordinator
Public Works Maintenance Superintendent
Purchasing Agent*
ItJ8, J
EXECUTIVE, MIDDLE MANAGEMENT AND UNREPRESENTED
FRINGE BENEFIT COMPENSATION
FISCAL YEAR 1993/94
III. UNREPRESENTED GROUP
A. Membership
Border Environmental Business Cluster Administrative Assistant/Office
Manager
Bookstore Manager
Confidential Administrative Secretary
Confidential Bi-Iingual Secretary
Executive Assistant to the City Manager
Legal Assistant
Personnel Analyst
Personnel Technician
aWl/Training Coordinator
Receptionist/Mayor and Council Assistant
Risk Analyst
Secretary to the Assistant City Manager
Secretary to the City Attorney
Secretary to the City Manager's Office
Secretary to the Mayor/City Council
Secretary to the Planning Commission
Secretary to the Redevelopment Agency
B. Fringe Benefits
1. Retirement
The City will pay the 7% employee's contribution to the Public Employees
Retirement System.
2. Deferred Compensation Plans
(A) Employees in the Unrepresented group may participate in the City's
approved deferred compensation plans.
(B) There will be a cap of 25% of the adjusted flex plan balance which
may be used for deferred compensation, provided the employee
has contributed a like amount during the same fiscal year.
3. Flexible Benefit Plan
Effective 7/1/93, the Unrepresented Group will receive $5380 each annually
to be used for the purchase of employee benefits as specified in the CVEA
Memorandum of Understanding for FY 1993-94, and any additional uses
/CJ.E-f
RESOLUTION NO. j%~~7
RESOLUTION OF THE CITY OF CHULA VISTA AMENDING THE FY 1995/96
CITY BUDGET TO ADD TWO GRANT-FUNDED, UNCLASSIFIED BEBC FULL-
TIME POSITIONS ($106,700) AND TO TRANSFER THE BORDER
ENVIRONMENTAL BUSINESS CLUSTER CONTRACTUAL SERVICES ACCOUNT
TO THE BORDER ENVIRONMENTAL COMMERCE ALLIANCE OPERATIONAL
ACCOUNT (100-0262); 2) AUTHORIZING STAFF TO NOTIFY THE ECONOMIC
DEVELOPMENT ADMINISTRATION THAT THE BORDER ENVIRONMENTAL
BUSINESS CLUSTER WILL BE DIRECTLY ADMINISTERED BY THE CITY OF
CHULA VISTA; AND 3) APPROPRIATING $35,083 TO THE CITY'S BECA FY
1995/96 BUDGET FOR THE PURCHASE OF EQUIPMENT
RECITALS
WHEREAS, on June 27,1 995, Council appropriated the FY 1995/96 (Year 1) Border Environmental
Commerce Alliance (BECA) budget in the amount of $956,536; and
WHEREAS, this appropriation included three separate budgets in the City's contract with Economic
Development Administration (EDAI. the program's primary funding source; and
WHEREAS, staff is recommending that the Border Environmental Business Cluster (BEBCI be directly
administered by the City; and
WHEREAS, therefore, staff is requestin9 that the BEBC contractual budget be transferred to the City
BECa administration budget and that two BEBC city positions be authorized and the two existing BEBC staff
be transferred to these positions; and
WHEREAS, concurrently herewith the City is amending the BEBC budget and creating two new BEBC
positions in accordance with staff's requests; and
WHEREAS, it is also necessary to adopt the amended Year 1 BECA Program Budget.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend
the FY 1995/96 City budget by revising Division 0262, referred to previously as the Year 1 Border
Environmental Commerce Alliance budget, to include two additional full-time BEBC staff positions, appropriate
an additional $35,083 for the purchase of equipment and read as delineated in Attachment A.
BE IT FURTHER RESOLVED, the two unclassified positions are as follows:
Salarv Ranoe
Job DescriPtion
Job Title
BEBC Contract Manager
Administrative Assistant/Office Manager
$48,000-63,530
$18,600-24,000
Attachment B
Attachment C
Presented by
Approved as to form by
~~~~
t ey
Chris Salomone
Director of Community Development
[(MDlc:\wp51\document\547.95 (rev. August 16, 199511
jJJC- /
ATTACHMENT A
YEAR 1 BECA PROGRAM BUDGET
FUNDING SOURCES
PROGRAM GRAND
OBJECT DESCRIPTION STATE EDA CDBG REVENUE' TOTAL TOTAL
Staff Services2:
5101 Salaries 0$ 177,325 $ 29,160 0 $ 206,485
5103 Overtime 0 2,608 0 0 2,608
5141 Retirement 0 25,838 4,048 0 29,886
5142 Employee Benefit Plan 0 23,458 5,450 0 28,908
5143 Medicare 0 3,350 454 0 3,804 $271.691
Specialized Contract Services:3
5201 Professional Services 0 4,300 0 34,700 $ 39,000
5202 Other Contractual Services 0 13,200 0 0 13,200
5203 Contract Services $ 91,050 332,252 0 36,232 459,534
BESC Development Fee4 0 0 0 60,000 60,000 $571,734
5221 Travel 0 $ 3,000 0 0 $ 3,000
5224 Training 0 1,282 0 $ 1,718 3,000
5398 Capital Outlay 0 48,542 0 4,926 53,468
5271 Copier Leases 0 6,270 0 0 6,270
5301 Office Supplies 0 4,400 0 500 4,900
5212 Printing and Binding 0 2,000 0 6,500 8,500
5218 Postage 0 2,000 0 0 2,000
5252 Telephone 0 4,300 0 0 4,300
5331 Publications & Subscriptions 0 3,500 0 1.500 5,000
5298 Security System & Janitorial 0 9,632 0 0 9,632
5251 Utilities 0 20,230 0 0 20,230
5262 Maintenance 0 4,198 0 0 4,198
5233 Insurance 0 2,640 0 0 2,640
5253 Waste Removal 0 1,056 0 0 1,056
5399 Program Reserve 0 0 0 $ 20,000 20,000 $ 148,194
$ 991,619
Program Revenue is projected income from BESC rental fees, corporate sponsorships, and, potentially, client fees.
2
Staff Services refer to 1.00 BECA Director, 1.00 BECA Contract Manager, and 1.00 BECA Administrative Assistant,
plus the proposed full-time BEBC Manager and BEBC Administrative Assistant\Office Manager. Each position was
budgeted to allow hiring up to "E" step. (All staff. but the Administrative Assistant\Office Manager were hired at
"A" Step.1
3
Specialized Contract Services refers to the contract with Southwestern College for administration of the BETRC.
This contract covers ~ costs associated with the BETRC program including personnel and operating costs. (Note:
the contract with Southwestern College was approved by Council on June 20, 1995.)
4
SESC Development Fee refers to: 1} $50,000 per the existing agreement with the California Business Incubation
Network (CBIN) and Business Cluster Development (as previously approved by Council) for the development of the
BEBC, fund-raising, and initial BEBC administration (this $50,000 fee will be paid exclusively from fund-raising
proceeds generated by the contractors); and 2) $10,000 for additional proposed services from Business Cluster
Development (BCD) related to statewide Environmental Business Cluster networking per a future contract.
[(MD}c:\wp51\document\550.95 {rev. August 16. 1995}]
/~C-;L
ATTACHMENT B
CITY OF CHULA VISTA
Class Specification
BEBC MANAGER
DEFINITION
Under general supervision of BECA Director within the Community Development Department,
performs professional management of a variety of complex tasks involving the development and
implementation of the BEBC - a business incubator program.
EXAMPLES OF TYPICAL DUTIES:
Typical duties include, but is not limited to the development and implementation of a business
incubator marketing plan and networking programs; solicitation of corporate sponsorship and grants
to support additional incubator programs. Development and implementation of specific business
support programs to assist incubator tenants in reaching their goals for growth and success.
Managing staff and consultants, maintaining key relationships with community-based organizations,
as well as, economic development, environmental and the business incubation industry groups.
DESIRABLE QUALIFICATIONS:
Traininq and experience - Any combination of training and experience equivalent to graduation
from college with a degree in business administration, public administration, or a related field, and
five years of increasingly responsible experience in government and/or private business sector
management. Business incubator management experience is highly desirable.
Knowledqe, Skills, and Abilities - Include but not limited to; knowledge of economic
development policies and programs; strategic planning skills; business incubator operation. Excellent
senior-level negotiating and communications skills; strong public relations abilities. Experience with
public/private partnerships; administrative experience, including budgeting, contract administration,
grant administration, non-profit operations, technology transfer and knowledge of technology-based
businesses particularly in the environmental industry.
Tvpical Duties are examples of duties performed by employees in this class. The list may not
include all required duties, nor are all listed tasks necessarily performed by everyone in this class.
TERM OF EMPLOYMENT
The BEBC Manager position will be grant funded for a maximum of 34 months and as such
will be unclassified AT-WILL position. In no event shall the position term extend beyond the
Economic Development Administration (EDA) grant funding for this position.
[(MDlc:\wp51\document\548.95 (rev. August 16,1995)]
/{lC..-]
ATTACHMENT C
CITY OF CHULA VISTA
Class Specification
SESC ADMINISTRATIVE ASSISTANT/OFFICE MANAGER
DEFINITION
Under general supervision of BEBC Manager within the Community Development Department,
performs a variety of routine to very difficult and complex administrative support activities: day-to-
day duties of facilities management, provides assistance to business incubator tenants, fulfills
reception functions, maintains bookkeeping records, and provides administrative assistance to the
BEBC manager, including secretarial support.
EXAMPLES OF TYPICAL DUTIES:
Typical duties include, but are not limited to assisting with preparation of correspondence,
documents, records and reports; maintaining lobby and reception area; scheduling appointments and
maintaining all supplies for the facility and the incubator program; assisting incubator tenants with
setting up office space; operating standard office equipment; receiving and screening visitors;
identifying building problems or improvements requiring Manager or landlord's attention; performing
duties of key operator for copier, fax machine, and/or other office equipment; collecting rents and
other fees; maintaining bookkeeping records; researching and compiling information for the program.
DESIRABLE QUALIFICATIONS:
Traininq and experience - Any combination of training and experience equivalent to graduation
from college with a degree in business administration, public administration, or a related field, and
three years of increasingly responsible experience in government and/or private business sector.
Business incubator management experience is highly desirable.
Knowledqe. Skills. and Abilities - Include but not limited to; knowledge of office practices and
procedures; correct English usage, including spelling, grammar and punctuation; business writing;
basic business data processing principles and use of word processing and personal computing
equipment, including Word Perfect 5.1 or later version; knowledge and abilities in performing the full
range of office management duties.
Tvpical Duties are examples of duties performed by employees in this class. The list may not
include all required duties, nor are all listed tasks necessarily performed by everyone in this class.
TERM OF EMPLOYMENT
The BEBC Administrative Assistant/Office Manager position will be an unclassified AT-WILL
position. In no event shall the position term extend beyond the term of the Economic Development
Administration (EDA) grant funding for this position.
I(MD)c:\wp51\document\549.95 (rev. August 16, 1995})
/tJc~r
COUNCIL AGENDA STATEMENT
Item J I
Meeting Date 8/22/95
ITEM TITLE: Resolution J 3" t? (fl r Approving the Interim Border Environmental
Alliance (BECA) Advisory Board, and approvmg in concept the composition
Advisory Board (\0
SUBMITTED BY: Community Development ~~tor rJk
REVIEWED BY: City ManagerJ~ ~ ~
Commerce
of the full
(4/5ths Vote: Yes_No.1U
BACKGROUND:
Included in the Council-adopted BECA Operational Plan is a BECA Advisory Board and proposed Board
parameters. Council has asked staff to return with recommended Board members for their approvaL
BECA has the need for immediate assistance and guidance from professionals in the environmental field who
can help steer the program through the critical start-up phase. For example, since opening its doors in July,
the BECA program has been quickly forging ahead with a number of initial marketing and recruitment efforts
for the incubator, and the time has come to develop criteria for the selection of incubator tenants.
To address this urgent advisory need, staff suggests that a small Interim Advisory Board be formed. The role
of this Interim Advisory Board will be to work informally with staff to provide guidance and insight on
immediate BECA program implementation as well as assist in developing final Board membership
recommendations to CounciL Members of the Interim Board are proposed to continue as members of the
full Board. A draft of the full Board composition is being submitted with this report for Council's review
prior to staffs finalizing recommendations - with the Interim Board's input
RECOMMENDA TION: That Council adopt the resolution: I) Approving the Interim Advisory Board
members; 2) Approving in concept the proposed structure of the fun Advisory Board; and 3) Instructing staff
to return with a recommended final composition of the Advisory Board and recommended Board policies and
procedures, incorporating input from the Interim Advisory Board.
BOARDS/COMMISSIONS RECOMMENDATION: The BECA program continues to be one of the EDC's
five priority projects.
DISCUSSION:
L Importance of the Advisory Board
The expertise and involvement of the BECA Advisory Board will no doubt playa key role in the ultimate
success of the program. BECA is a regional, entrepreneurial program, and as such, requires the ongoing
input of private environmental companies to insure that BECA's services are designed to meet their needs,
as well as the input of public/private partners to insure that BECA services are regionally coordinated and
leveraged.
II~ /
Page 2, Item (I
Meeting Date 8/22/95
The proposed role of the Advisory Board is to provide this needed guidance to staff regarding BECA
implementation and to advise Council on major policy decisions. The Advisory Board, if properly
composed, can also be the conduit for the identification and securing of outside funding sources, crucial to
the longevity of BECA beyond the three-year period supported by the U.S. Economic Development
Administration. A top priority of the BECA Director is to transform the program into a full-fledged non-
profit entity headquartered in Chula Vista.
It is for these reasons that the structuring of the Board should be carefully crafted. Since the time the Council
approved in concept the initial proposed advisory board structure as included in the Operational Plan, BECA
is faced with many new opportunities and challenges. For example, Chula Vista's invitation to participate
in the newly-formed Environmental Technology Leadership Challenge provides a national forum for the
program, and thought will need to be given as to the connections between the Advisory Board and
Washington, D.C.
Another opportunity is the recent formation of the Border Environment Cooperation Commission, the North
American Development Bank, and other cross-border environmental efforts. The "border" is a crucial
element of the BECA program. Mexico representatives need to be thoughtfully selected. Clearly, the active
participation of reputable Mexican businesses and agencies on the Advisory Board will provide the necessary
liaison with the untapped environmental marketplace in Mexico.
lL Interim Advisory Board
Given the many activities currently being undertaken by BECA staff to market the Border Environmental
Business Cluster (BEBC) and the Border Environmental Technology and Resource Center (BETRC), there
is an immediate need for technical and administrative guidance from a small group of experts in the
environmental industry. Among the areas requiring immediate input are:
BETRC and BEBC service delivery
BEBC program development, including tenant selection criteria & assistance in tenant
selection
Identification of immediate sponsors, donors
Marketing to BETRC clients & BEBC tenants, including participation in the BECA
Grand Opening planning and implementation
Development of the full Advisorv Board composition and related policies and
procedures
Input into BECA's role with the National Leadership Challenge
Coordination with other environmental business efforts (such as the currently forming
UCSD's EnviroConnect)
Assistance in developing initial tenant application and selection criteria would be given to both Community
DevelopmentIBECA staff and to Business Cluster Development (BCD), the company under contract with the
city to develop and market the BEBC. It should be noted that almost 50 companies have already expressed
an interest in becoming tenants in the BEBC.
JI"~
Page 3, Item (I
Meeting Date 8122/95
Staff is recommending an Interim Board of 11 individuals (see Attachment A). Of these, seven represent
private industry, including four directly involved in environmental issues, both locally and binationally and
including representatives from Rohr Inc., and the San Diego region and South Bay region Economic
Development Agencies. Also included are the U.S./Mexico Border Progress Foundation (a cross-border
environmental non-profit), UCSD's Environmental Services, the County of San Diego's Pollution Control
Department and the Mayor of the City of Chula Vista. Attachment A includes brief biographies of each
member. It is proposed that these individuals be included on the proposed Full Advisorv Board composition
that will be presented to Council.
IlL Full Advisory Board
Staff is recommending that Council approve in concept the composition of the full Advisory Board as shown
in Attachment B. (Note that no individuals or organizations have yet been contacted.) The full BECA Board
is generally modeled after the San Diego Technology Council - the oversight body for San Diego's $6 million
EDA economic conversion program which we are partners with under our EDA grant. The emphasis, per
that body and per Council's direction, is upon private sector participation. As indicated above, staff will be
soliciting the Interim Board's input prior to returning to Council with a formal recommendation for approval
of the specific Board composition and individual participants.
The key categories of representation include the environmental industry, business support organizations
(including trade organizations), BECA sponsors, cross-border environmental agencies, academic resources
and the Mayor of Chula Vista. Overall, out of 30 proposed members, approximately 16 are private business
representatives. It is currently proposed that a separate blue ribbon committee be considered which would
include representation from local, state and federal elected officials.
IV. Conclusion
The Interim Advisory Board will provide much needed assistance to ensure the immediate success of the
program. The additional care taken in the proper structuring and filling of the full advisory board will no
doubt be time well spent in ensuring the ultimate success of the program.
FISCAL IMPACT: The recommendation results in no fiscal impact to the City, with the exception of staff
support, which will primarily be provided by grant funded employees.
ATTACHMENTS
A - Proposed Interim Advisory Board
B - Tentative Full BECA Advisory Board
C - Interim Board Resumes
D - San Diego Technology Council Members
[(GG) a:coWlcil (Augmt 11.1995)]
/f'~j-,y
RESOLUTION /8"tttt r
RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE COMPOSITION
OF THE INTERIM ADVISORY BOARD AND APPROVING IN CONCEPT THE
PROPOSED COMPOSITION OF THE FULL BECA ADVISORY BOARD
WHEREAS, on August 22, 1995 the City Council of the City of Chula Vista was duly
convened upon notice properly given and a quorum was duly noted; and,
WHEREAS, the Border Environmental Commerce Alliance (BECAI is a regional border-
oriented coalition designed to encourage the development and commercialization of
environmental technologies and the start-up and expansion of environmental companies; and,
WHEREAS, BECA officially began operations on July 10, 1995 and is presently moving
quickly to implement the two key components of the program, the Border Environmental
Business Cluster (BEBC) and the Border Environmental Technology and Resource Center
(BETRC); and,
WHEREAS, Community Development/BECA staff have an immediate need for advice and
guidance from skilled professionals in the environmental technologies fields during the critical
first weeks of the program; and,
WHEREAS, Community Development/BECA staff have identified eleven individuals
and/or organizations, as shown on Attachment A incorporated herein by this reference, to
serve on an Interim BECA Advisory Board to informally provide guidance and assistance during
the initial phases of developing and marketing the program; and,
WHEREAS, Community Development/BECA staff have developed a tentative composition
of a full Advisory Board to provide policy guidance to the City Council and ongoing input to
staff; whose ultimate composition will be developed with the input of the Interim Advisory
Board and submitted to Council at a future meeting for approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
find, order, determine and resolve as follows:
1 . Direct staff to form the recommended eleven-member Interim BECA Advisory Board to
be composed of the individuals shown on Attachment A whose role will be to informally
provide guidance and assistance to staff during the initial phases of developing and marketing
the program, as well as to assist in developing the full Advisory Board for recommendation to
Council.
2. The City Council approves in concept the proposed structure of the Advisory Board
whose role will be to provide policy guidance to the City Council and ongoing input to
Community Development/BECA staff, and directs staff, with the input of the Interim Advisory
Board, to develop a final composition of the full Advisory Board and related policies and
procedures for City Council approval.
Presented by
Approved as to form by
_~.s:~
Chris Salomone
Community Development Director
lJ.-.v- ~ Q b
Bruce M. Boogaard ~
City Attorney
IBBlC:\WP51 \COUNCIL\RESOS\BOARD-l.RESI
J /~.3
ATTACHMENT A
PROPOSED INTERIM ADVISORY BOARD
NAME
BUSINESS
ADDRESS/PHONE/FAX
I I
Shirley Horton I Mayor, City of Chula Vista : 276 Fourth Avenue
I : Chula Vista, CA 91910
I : Phone: 691-5044
-----------------------~--------------------------------------~----------------------------------------
To be determined by I Rohr Industries : P.O. Box 878
Rohr! ! Chula Vista, CA 91912
I I Phone: 691-3248
I I FAX: 691-3671
-----------------------~--------------------------------------~----------------------------------------
Grant Ferrier I Environmental Business International (EBI) : P.O. Box 371769
i ! San Diego, CA 92137-1769
I : Phone: 295-7685
I : FAX: 295-5743
-----------------------~--------------------------------------~----------------------------------------
Richard Kiy I Science Applications International : 10260 Campus Point Drive
i Corporation (SAIC) ! San Diego, CA 92121
I I Phone: 546-6000
I : FAX: 535-7589
-----------------------~--------------------------------------~----------------------------------------
Frank Urtasun I San Diego Gas & Electric : 436 H Street
i ! Chula Vista, CA 91911
I : Phone: 654-1210
I : FAX: 654-1117
-----------------------~--------------------------------------~----------------------------------------
Jeanette Moorhouse I Environmental Committee, Greater San : Greater San Diego Chamber of Commerce
I Diego Chamber of Commerce : 402 W. Broadway, Suite 1000
I I
: : San Diego, CA 92101
: : Phone: 544-1361/1311
I : FAX: 459-7622
-----------------------~--------------------------------------~----------------------------------------
Elsa Saxod I U .S./Mexico Border : 1615 Murray Canyon Road
: Progress Foundation : Suite 1000
I I
: : San Diego, CA 92108
: : Phone: 291-1574
: I FAX: 291-3827
-----------------------~--------------------------------------~----------------------------------------
Dave Carey : UCSD : UCSD San Diego
: Environmental Services and Education : University Extension -0176
I I
: : La Jolla, CA 92093-0176
I : Phone: 534-6157
I : FAX: 534-7385
-----------------------~--------------------------------------~----------------------------------------
To be determined by : South County Economic Development : 1200 A Avenue
South County EDC i Council (EDC) i National City, CA 91950
: : Phone: 336-2474
: : FAX: 336-1066
-----------------------~--------------------------------------~----------------------------------------
To be determined by San Diego Technology Council The City of San Diego
Technology Council Redevelopment Program
Security Pacific Plaza
1200 Third A venue, Suite 1620
San Diego, CA 92101
Phone: 236-6551
FAX: 236-6512
-----------------------~--------------------------------------~----------------------------------------
Linda Pratt : San Diego County : 9325 Hazard Way
i Department of Environmental i San Diego, CA 92123-1217
: Health/Pollution Prevention : Phone: 338-2215
: : FAX: 338-2377
I I
JI-t
ATTACHMENT B
TENTATIVE BECA ADVISORY BOARD
AREA OF REPRESENTATION NAM EfTlTLE/ORGANIZA TION ADDRESS/PHONE/FAX TYPE OF SIZE OF
BUSINESS BUSINESS
Environmental Industry 1 McKenna & Cuneo LLP 750 B St., Suit 3200 Environmental Medium
San Diego, CA 92101 Law
Phone: 595-5400,
FAX: 595-5450
2 Greenfield Environmental 15151 Innovation Drive Hazardous Large
San Diego, CA 9212B Waste
Phone: 673-6000 Treatment and
FAX: 673-6013 Disposal
3 Grant Ferrier/Environmental P.O. Box 371769 Environmental Small
Business International (EBI). San Diego, CA 92137-1769 Business
Phone: 295-7685 Consultant
FAX: 295-5743
4 Richard Kiy, Science 10260 Campus Point Drive R & 0 (Major Large
Applications International San Diego, CA 92121 Environmental (Inlemallonal)
Corporation (SAIC). Phone: 546-6000 Division)
FAX: 535-7589
5 Woodward-Clyde Consultant. 1615 Murray Canyon Road Environmental Large
Suite 1000 Consultants
San Diego, CA 92108
Phone: 294-9400
FAX: 293-7920
6 San Diego Gas & Electric. 436 H St. Utility Large
Chula Vista, CA 91911
Phone: 239-7511, No FAX
7 Deborah Davis, Sole Proprietor, 6975 Camino Amero Wel Small
Cleaner by Nature San Diego, CA 92111 (nol dry)
Phone: 268-3904 Cleaning
8 The Recycling Group, Inc. 1011 Camino Del Mar, Suite 270 Recycling Small
Del Mar, CA 92014 Consultant
Phone: 794-0501
FAX: 794-0523
TYPE OF ORGANIZATION
Business Support 9 San Diego Technology Council, San Dk!go Regional Advisory Group to
Environmental Company* San Otago Council (High Tech
BuslneSl. Academic, and
Business Support)
10 California Environmental 1739 Bering Drive., #22 Environmental Businell
Business Council (CEBC) Inc. San Jooe, CA 95112 Professional Al8oclation
Phone: (408) 436-7686
FAX (408) 436-7688
11 UCSD Connect UCSD Extension - 0178 Non-profit Network of Business
La Jolla, CA 92093 Leaders and Service Providers.
Phone 534-6114 Affiliated wtth UCSD.
FAX: 552-0649
12 San Diego Economic 701 B Street, Sutte 1850 Non-profit Regional Economic
Development Corporation San Diego, CA 92101 Development Corporation
(SDEDC) Phone: 234-$484
FAX: 234-1935
13 South County Economic 1200 A Avenue Non-profit Southbay Economic
Development Council (EDC)* Nallonal City, CA 91950 Development Corporation
Phone: 336-2474
FAX: 336-1086
;1- ?
AREA OF REPRESENTATION NAM EfTlTLE/ORGANlZA TION ADDRESS/PHONE/FAX TYPE OF ORGANIZATION
14 Jeanette Moorehouse, Greater San Diego Regional BuslnaSl Aasociation -
Environmental Committee, Staff, Chamber of Commerce Environmental Committee
Greater San Diego Chamber of 402 W. Broadway I Suite 1000,
Commerce. San Diego, CA 92101
Phone: 544-1361/1311
FAX: 459.7622
15 Chula Vista Chamber of 233 4th Ave. Chula Vista Business
Commerce (CEO Chula Vista Chula Vista, CA 91910 Association
Environmental Company) Phone: 420-6602
FAX: 420-1269
16 U.S. Department of Commerce 6363 Greenwich Dr., Suite 230 Federal Agency
San Diego, CA 92122
Phone: 557-5395
FAX: 557-6176
17 COPARMEX (Tijuana Business Tijuana, B.C. Tijuana Business Association
Chamber) (011) 52 66 82 99 50
18 The Ministry of Commerce and Tijuana, B.C. Mexican Federal Agency
Industrial Development
SECA Sponsors 19 Rohr Industries. P.O. 80x 878 Chula Vista Aerospace Business
Chula Vista, CA 91912
20 San Diego Unified Port District P.O. Box 488 Quasi-governmentall
San Diego, CA 92112 Port AdministraUon
Phone: 686-6200/6300
FAX: 291-0573
21 California Trade & Commerce 750 "B" Street, Suite 1830 State Economic Development
San Diego, CA 92101 Agency
Phone: 645-2657
FAX: 645-2663
Cross-Sorder 22 U.S.JMexico Border Progres8 1615 Murray Canyon Road, Suite Non-profit border-oriented
Environmental Foundation. 1000, San Diego, CA 92108 economic development
Agencies Phone: 291-1574 organization
FAX: 291-3827
23 San Diego County Department of 9325 Hazard Way County Program
Environmental Health/Pollution San Diego, CA 92123-1217
Prevention Phone: 940-2807
FAX: 894-3559
24 City of San Diego Environmental 4950 Murphy Canyon Road Handles solkt waste collection
Services Department, Programs San Diego, CA 92123 for the city
Division Phone: 492-5000
FAX: 492-5021
25 CalEPA OtrlCe of the Secretary, Suite 235 State Environmental Protection
555 Capnol Mall Agency
Sacramento, CA 95814
Phone: (916) 445-3846
FAX: (916) 445-6401
26 Ministry of Ecology of Baja Tijuana, B.C. Baja California Counterpart to
California Cal-EPA
27 U.S. EPA San Diego Border 810 W. Ash Street, Sune 703 U.S. Environmental Protection
Liaison Office San Diego, CA 92101 Agency
Phone: 235-4769
FAX: 235-4771
28 Western Maquiladora Trade P.O. Box 3746 Cross-border ManUfacturing
Association Chula Vista, CA 91909 Association
Phone: 420-9682
//~rr
AREA OF REPRESENTATION NAMEmTLE/ORGANIZATION ADDRESS/PHONE/FAX TYPE OF ORGANIZATION
Academic 29 Institute for the Regional Studies 5500 Campanile Dr. Research Institute
of the California'., SDSU San Diego, CA 92182-4403
Phone 594-5423
FAX: 594-5474
30 Dave Carey, UeSD, UCSO San Diego Environmental Training and
Environmental Services and University Extension - 0176 EducaUon (Lead Contamination
Education- La Jolla, CA 92093-0176 Abatement)
Phone: 534-6157
FAX: 534-7385
EDA Grant Recipient 31 Mayor, City of Chula Vista 276 Fourth Avenue local government
Chula Vista, CA 91910
Phone: 691-5044
* Asterisk indicates member of the Interim Advisory Team.
MISSION OF THE ADVISORY BOARD
The role of the BECA Advisory Board will be to provide regionally-based public and private input to the City of Chula Vista
as the grant recipient and responsible administering agency, The BECA Board will ensure that the interests of the environ-
mental industry are integrated into the overall program development and the refinement of service delivery systems. It will
provide a vehicle for coordination of resources among BECA partners. The BECA Board will also serve as the formal
regional group to seek additional outside funding and programmatic resources and to support such efforts made at the staff
level.
{Disk: Glenda 219: Environ5.tbl}
//-1
ATTACHMENT C
ELSA R. SAXOD
Executive Director
U.S.lMexico Border Progress Foundation
Ms. Saxod is Executive Director of the U.S.lMexico Border Progress
Foundation, a border wide, binational organization. The Foundation's mission is to
improve the environment, health, and infrastructure along the U.S.lMexico border
region through outreach and education.
In 1991, she was appointed Director of Governor Wilson's Office of
California/Mexico Affairs. The office, which was established in recognition of the
growing importance of relations between the State of California and Mexico, was
moved to San Diego with her appointment.
Among other activities, Ms. Saxod's community work has included posts as
Commissioner, State Fair Employment and Housing Commission; Member, Board of
Directors of the San Diego Chamber of Commerce; Member, Board of Directors,
United Way of San Diego; Member, San Diego State University Alumni Association;
Charter Member, Women in Business; Vice Chair, San Diego County Charter Review
Panel; Member, School of the Future, Blue Ribbon Committee; Member, California
State Task Force on California-Mexico, Board member United States Good Neighbor
Environmental Board.
Ms. Saxod is a graduate of San Diego State University. She has been a
producer and host for a magazine format program on public radio. Consequently, she
was honored by California Women in Government, the California Cable Television
Industry, and the United States Small Business Administration as "Woman Business
Advocate of the Year." She is listed in the Who's Who in Business and Finance,
Who's Who in California, and Who's Who Among Hispanic Americans.
IJ-/ I
JEANETTE L. MOORHOUSE
Environmental Committee
Greater San Diego Chamber of Commerce
Jeanette L. Moorehouse has over 15 years of project and management
experience in the environmental field. She has conducted both domestic and
international projects for industry, agencies, law firms and engineering firms. In 1988
she established Practical Environmental Risk Management, a woman-owned business
enterprise specializing in environmental risk management. Representative projects
include a year-long environmental assessment for a World Bank international industrial
development project, regulatory compliance and strategic environmental planning for
an independent oil refiner with operations located throughout the United States, and
an environmental risk assessment for nearly $1 billion of new construction for the City
of San Diego Metropolitan Wastewater Department.
//-/:2-
RICHARD KIY
Vice President
SAIC de Mexico, SA de C,v.
Richard Kiy is Vice President for SAIC de Mexico, SA de C.V. a subsidiary of
Science Applications International Corporation (SAIC). SAIC is a leader in developing
proven technological solutions in the areas of the environment, telecommunications,
information technology, security, and transportation. The largest employee owned
company in North America, with sales of $1.6 billion and over 17,000 employees,
SAIC has operations in 25 U.S. states and 5 Canadian provinces.
Prior to joining SAIC, Kiy served as the Acting Environmental Attache at the
U.S. Embassy in Mexico. He also served at the Special Assistant for U.S.lMexico
Border Affairs at the U.S. Environmental Protection Agency's Office of International
Activities where he has direct responsibility for bilateral coordination of the Integrated
Environmental Plan for the Mexico/U.S. Border Area.
Mr. Kiy graduated from Stanford University in 1984 with a degree in Economics
and later earned an advanced degree at the John F. Kennedy School of Government
at Harvard University in 1986. Following graduation, he served as the Associate Vice
President of the San Diego Economic Development Corporation (EDC) where he
served until late 1989 as the organization's chief liaison for the San Diego/Tijuana
border region. In 1990, Mr. Kiy continued his activity along the border facilitating
inbound Japanese maquiladora investment to Mexico as U.S. Branch/Marketing
Manager for Mitsui Kensetsu Engineering/Sanken de Mexico.
//--<J
DAVID W. CAREY
Academic Director
Department of Environmental Management
University of California
San Diego Extension
Mr. Carey is the Academic Director, Department of Environmental Management,
University of California, San Diego Extension where he is responsible for courses and
programs in hazardous materials management, air quality, site assessment and
remediation, fire protection engineering and occupational health & safety. He is also
the Director for the EPA Western Regional Lead Training Center at UCSD. He has 14
years experience with the San Diego County Department of Environmental Health in
the Areas of hazardous materials, solid waste, housing and consumer food protection.
Mr. Carey is a Registered Environmental Health Specialist in the State of
California and is an active member of the California State Bar. He obtained a
bachelor of science in Zoology from San Diego State University and holds a doctorate
in law from Western State University.
/ I~/'I
LINDA GIANNELLI PRATT
Program Manager, Pollution Prevention Program
San Diego County Environmental Health Services,
Community Services and Planning Division
Since 1986, Ms. Pratt has worked for the San Diego County Environmental
Heath Services, Community Services and Planning Division. As Manager of the
Pollution Prevention Program from 1987 to the present, she administers the
development and implementation of program activities which include: securing
funding; coordination with local, state and federal agencies; and liaison with industry,
academia, and community groups. She also has responsibility over is to design and
deliver resource documents and brochures targeted for the public and private sections,
including elected officials and policy makers. Additionally, she organizes and
facilitates comprehensive symposia and workshops. The Program's success was
recognized with County Achievement Awards in both 1989 and 1995, from the
National Association of Counties.
Prior to her current position, Ms. Pratt managed the Household Hazardous
Materials Program from 1986 through 1990. Instrumental in the design of an
innovative community outreach campaign to promote the safe use and disposal of
household toxics, she also managed a $1.8 million dollar budget and provided
oversight of three contracts. The success of the Program was recognized by a 1988
County Achievement Award from the National Association of Counties.
Ms. Pratt holds a Bachelors of Science degree in Microbiology from California
State University, Long Beach, as well as a Masters of Science degree in
Environmental Studies from California State University, Dominguez Hills.
(Glenda Diok#1/Prall.R.o)
I/j~
ECONOMIC DEVELOPMENT D ID:236-6512
AUG 10'95
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ATTACHMENT D
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Dr. Ken Widder
Chairman & CEO
Molecular Biosystems
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Mr. John Belden
CEO
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Mr. Ernesto Corte
President
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Mr. Richard Forsythe
Chairman, Board of Directors
Luce, Forward, Hamilton and
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Mr. Joe Francis
Executive Secretary Treasurer
AFL CIO Central Labor Council
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Juot Goodman
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Dr. Donald M. Karr
Corporate Executive VP
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La Jolla, CA 92031
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Mr. Mark Nelson
Govt. Affairs Director
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RUG 10'95
10:48 No.012 P.02
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Honorable Susan Golding
(aR-officio)
Mayor
~an Diego
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Honorable Dianne Jacob
(ex-officio)
2nd District
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Mr. Dan Pegg
President
SD Econonomic Development
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Mr. Geoffrey Phillips
Regional Director
Federal Lab Consortium
Mr. Lee Rizio (ex-officio)
Executive Vice President
SD Data Processing Corp.
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Mr. Rohit Shukla (ex-officio)
Director
LA Regional Tech. Alliance
92096
Hr. Harvey Whi to
President
Qualcomm, Inc.
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Dr. Gene W. Ray
President & CEO
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Mr. Richard Shearer
Executive Director
Naval Comm. Control & Ocean
surveillance Center RDT & E
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Mr.. Curt Stephenson
Vice President
Eastlake Development Co.
Chula ~sta,
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COUNCIL AGENDA STATEMENT
Item~
ITEM TITLE
Meeting Date 08/22/95
1/. Resolution J"irO() q Approving an Agreement with the City of
Lemon Grove regarding the provision, by Chula Vista, of Animal Control
Services in Lemon Grove.
8. Resolution -1 yO I () Amending the FY 1995-96 budget to reflect
the $38,680 in Employee Services and Supplies and Services Expenses
required to support an additional 1.0 Animal Control Officer position in
the Animal Regulation Division of the Police Department; and, $3,660
in Directly Related Employee Services and Supplies and Services
Expenses in the Revenue and Recovery Division of the Finance
Department.
SUBMITTED BY Chief of pOliceQ;r ~
REVIEWED BY City ManagerJ6( ~ '/ (4/5ths Vote: Yes.lL No.J
The Police Department, through its Animal Regulation Division, currently provides animal regulation
services for the cities of Chula Vista, National City and Imperial Beach. Lemon Grove City staff
contacted the City Manager in December 1994 to request that the two cities work cooperatively to
explore the option of Lemon Grove contracting with Chula Vista for such services. As a result of this
cooperative effort, a proposed five-year agreement was developed by staff of both cities. The proposed
agreement arranges for Chula Vista to provide the same level of animal control, animal shelter and
animal licensing services to the citizens of Lemon Grove as are currently provided for the citizens of
Chula Vista. Lemon Grove has agreed to pay Chula Vista the actual Employee Services costs
associated with providing the proposed level of services plus applicable Full Cost Recovery program
charges. The Lemon Grove City Council approved the proposed agreement on August 1, 1995.
RECOMMENDATION:
Approve the Resolutions
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
Background. The Police Department's Animal Regulation Division (ARD) provides full-service animal
control, animal shelter and animal licensing services in Chula Vista. The ARD currently has agreements
to provide animal regulation services in the cities of National City and Imperial Beach. The agreement
with National City provides for the Chula Vista Animal Shelter to receive and house animals for
relinquishment, impound, adoption, destruction and disposal from National City citizens. Under this
1987 agreement, National City pays a fixed amount per animal per day to cover associated costs.
Under the existing agreement with Imperial Beach (approved by City Council 2/2/93), the City assigns
a full-time Animal Control Officer to provide patrol services in Imperial Beach. The City is reimbursed
by Imperial Beach for the actual salary costs of the assigned Animal Control Officer plus applicable Full
Cost Recovery Program charges. The agreement with Imperial Beach also provides the citizens of
Imperial Beach the same full-range of animal shelter services, under similar terms and conditions, as are
provided to the citizens of National City and Chula Vista. The ARD generated approximately $197,790
in revenue in FY 1994-95 through license fees ($72,542) and impound fees ($51,293) paid by Chula
Vista residents and the aforementioned agreements (Imperial Beach $73,955; National City $1,160).
l!2-f
Page 2, Item
Meeting Date 08/22/95
Animal Shelter Operations. The Animal Regulation Division is administered by the Animal Control
Manager under the direction of the Police Department's Administrative Service Captain. The ARO
responds to calls for animal control service in Chula Vista and Imperial Beach, and, houses impounded
animals from Chula Vista, National City and Imperial Beach. Services are provided 24-hours-a-day,
seven-days-per-week by a staff of eight persons including 5.0 Animal Control Officers, 1.0
Administrative Office Assistant and 2.0 Kennel-persons. The current fiscal year budget for the Animal
Shelter is approximately $399,040.
The shelter facility, located on Otay Valley Road east of 1-805, has 72 dog kennels designed to house
90 dogs and 18 cat kennels designed to hold 36 cats. In addition to floor-heated kennels, the facility
includes an office/workroom building. The office/workroom was relocated to a temporary portable
building in 1993 to accommodate the Otay Valley Road widening project. All animal control activities
are conducted according to applicable state law as contained in the California Humane Laws Handbook.
In 1992, about 9,000 animals were impounded, a rate of nearly 25 animals per day. Approximately
14,000 animals were impounded in both 1993 and 1994, a rate of over 38 animals per day. The
increase was due to improved enforcement in Imperial Beach and an increase in the number of animals
relinquished by residents. According to records maintained by the ARO, between June and December
of 1994, 30% of the animals impounded were redeemed by their owners, another 37% were adopted
by new owners and the remaining 33 % were humanely euthanized. These figures compare favorably
with other animal regulating agencies in San Diego county.
History of the Proposed Agreement. Lemon Grove formally contacted the City Manager in December
1994 to request that the two cities "work cooperatively to explore the option of Lemon Grove
contracting with Chula Vista" for animal regulation services. Staff concluded that Chuta Vista could
provide a higher level of serviCe to the residents of Lemon Grove, at a lower cost, than the County
Department of Animal Control (the current provider).
During their FY 1995-96 budget discussions, the Lemon Grove City Council directed its staff to enter
into formal negotiations with the City of Chula Vista. These negotiations extended through the end of
July with staff from the two agencies discussing a variety of issues in order to prepare a formal
agreement suitable for City Council consideration in both jurisdictions. The agreement presented for
Council consideration this evening reflects all of the conditions agreed to during these staff-level
negotiations. The Lemon Grove City Council reviewed and approved the proposed agreement at its
regular meeting on August 1, 1995.
Proposal -- Services to be Provided by Chula Vista. The proposed agreement (see Attachment 2)
will provide the same level of animal regulation services in Lemon Grove as are now enjoyed in Chula
Vista. These services include:
. resident requested animal control services including routine patrol, response to all calls for
service, animal bite responses, the trapping of wild animals, the provision of spay/neuter and
rabies programs, and, other public education programs as may be required from time-to-time;
. animal sheltering services including stray and wild animal impoundment, pet redemption and
adoption, emergency veterinary services and humane euthanasia; and,
. dog licensing services including customer service, in-person and by-mail dog license renewals
and dog license database management services.
1')..- :z
Page 3. Item
Meeting Date 08/22/95
Proposal -- Significant Contractual Provisions. The proposed agreement includes all provisions
deemed necessary by Police Department staff and the City Attorney. Significant contractual provisions
include the following:
T) Approp,;ate STaffing. Staff conducted an analysis to determine staffing levels necessary to serve
Lemon Grove on a seven-day-per-week. twenty-four-hour-per-day basis. Based upon a projected call
for animal control service volume (which was derived from comparative population data from the cities
currently served by the ARD) and associated supervisory requirements, staff has concluded that an
additional 1.0 Animal Control Officer position will be required. In order to ensure proper service and
staff training, an existing Animal Control Officer will be assigned to Lemon Grove
2) Animal Control Officer Safety. In order to ensure the safety of City employees. Lemon Grove has
agreed to provide prompt sheriff backup services upon request. As is standard procedure with Animal
Control Officers, if they determine that situation is not sufficiently stable to ensure their personal safety,
they will refrain from providing animal control service until it is safe to do so.
3) Full Cost Recovery Program Charges. In the proposed agreement, Lemon Grove has agreed to fund
Employee Services costs (salary, overtime, retirement, flexible benefits, medicare and uniform cleaning
allowance) of this position plus applicable Full Cost Recovery (FeR) Program charges. The FCR Program
is designed to recover costs associated with providing staff and services including: city-wide overhead,
Police Department supervisory costs, animal control supplies (Le.. food, veterinary expenses and
cleaning supplies) equipment maintenance, utilities and related contractual services. FCR Program
charges also include an allocation for capital replacement expenses (i.e, vehicle replacement).
4) Direct Expenses. Lemon Grove has agreed to pay directly for the following expenses associated with
the implementation and operation of its animal regulation partnership with Chula Vista: overtime
expenses as incurred; vehicle radio and installation; shotgun and shotgun locking system; Officer side-
arm, uniforms, leather accessories and body armor; catch poles; tranquilizer equipment; cat cages; and,
dog license data base system conversion costs.
5) Payment for Services Rendered. Under the proposed agreement, Lemon Grove will make payments
to the City on a monthly basis. The payment methodology has four components:
a. month Iv animal control costs (i.e., employee services costs and FCR Program charges);
b. monthlv licensina fees (i.e., customer service. processing and postage related to providing dog
licensing services);
c. sUDDlemental charoes (i.e., overtime billings, Lemon Grove requested data base enhancements
and the cost of caring for livestock); and,
d. monthlv redemotion reimbursements (i.e., fees paid by Lemon Grove residents to redeem their
impounded pets).
I (}. -3
Page 4, Item
Meeting Date 08/22/95
Lemon Grove's Net Monthly Costs will be determined based upon the following formula:
Monthly Animal Control Costs
+ Monthly Licensing Fee
+ Supplemental Charges
Monthlv Redemotion Reimbursements
= Lemon Grove's Net Monthlv Costs
Based upon anticipated Lemon Grove resident pet redemption activity levels, it is expected that Lemon
Grove's Net Monthly Costs will be $5,782.83 in FY 1995-96.
6) Termination. The agreement includes a termination for cause provision (either party fails to fulfill an
obligation or violates the contracts covenants and/or conditions) after five days notice. Lemon Grove
objected to the inclusion of the City's standard ninety (90) day termination for convenience clause.
Staff's analysis is that, to the extent Lemon Grove meets its obligations thereunder, it would be in the
City's best interests to provide the services contemplated in the proposed agreement through the initial
five-year term. Should unforeseen circumstances arise that change this analysis, the proposed
agreement may be terminated by mutual consent.
7) Review and Amendment of the Proposed Agreement. The proposed agreement also provides for the
two agencies to meet and confer in good faith on operational matters.
8) Vehicle Requirements, Maintenance and Replacement. Lemon Grove will lease an animal regulation
equipped pick-up truck for five-years. This vehicle will be exclusively assigned to Lemon Grove. The
vehicle and its amenities will be matched to the City's existing animal control fleet by using the bid
document issued by the City for its most recent animal regulation vehicle purchase. If it is determined
that it is appropriate for the City to continue to provide animal regulation services to Lemon Grove
beyond the initial five-year term of this agreement, Lemon Grove will exercise its option to purchase
the lease vehicle, then transfer ownership of the vehicle to the City. Chula Vista will be responsible
for all vehicle fuel and non-warranty maintenance on the vehicle. The City has agreed to replace the
vehicle initially acquired by and assigned to Lemon Grove in FY 2001 .
9) Dog Licensing. The agreement requires Chula Vista to provide dog licensing services for Lemon
Grove. This includes all dog license customer service, licensing processing and required dog licensing
data base management activities. The ARD and Finance Department will provide required customer and
license processing services (Lemon Grove will purchase and be responsible for providing all required
letterhead, envelopes and dog licenses). The Management and Information Services Department will
provide required data base management services. Lemon Grove will pay the City on a FCR-based, per
license cost basis (calculated at $3.89 per license) for these services.
10) Cost Increase Limitation. The proposed agreement provides a 5% cap on cost increases from year-
to-year. The cap was included at the request of Lemon Grove to provide what they felt was a
necessary safeguard against a repeat of the unreasonable increases in animal control costs that city has
endured during the last five years of its animal control contract with the County. According to Lemon
Grove staff, the County has increased its billings to Lemon Grove as much as 14% annually since FY
1991-92. City staff felt the 5% annual cap was acceptable for the proposed agreement's initial five-
year term given the recent history of FCR Program charges not escalating significantly from year-to-year
and the salary and benefit terms of the four year labor agreement recently reached with the CVEA.
I~-i
Page 5, Item
Meeting Date 08/22/95
Proposal -- Benefits to the City of Chula Vista. The proposed agreement would result in two
primary benefits of the City. First, through the FCR Program, the overhead associated with operating
the Animal Regulation Division is partially shifted to Lemon Grove. In this case, the FCR Program
benefits the General Fund by recovering additional revenues for fixed overhead expenses that will be
incurred even in the absence of the proposed agreement. Second, the additional Animal Control Officer
will provide staff more flexibility in providing animal regulation services throughout ARD's regional
service area . Total ARD staffing will increase from eight to nine and the number of Animal Control
Officers available to provide field services will increase from four to five. If the proposed agreement
is approved, the ARD will be serving the four cities with a total population in excess of 250,000
residents.
Proposal -- Fiscal Impact. The proposed Resolution would amend the FY 1995-96 budget to reflect
the addition of 1.0 Animal Control Officer and all Employee Services costs associated therewith in the
ARD; and, additional hours for a part-time, permanent status, employee in the Finance Department's
Revenue and Recovery Division. Furthermore, the proposed resolution also amends the FY 1995-96
budget to reflect Supplies and Services expenditures required to implement the proposed agreement in
the ARD and the Vehicle Maintenance component of the Public Works Department. These proposed
budget amendments were recommended and reviewed by administrative staff in each affected City
department to ensure appropriate budgetary costs are reflected accurately in the FY 1995-96 budget
amendment contained in the proposed Resolution (see Attachment 1).
FISCAL IMPACT:
FY 1995-96
The total FY 1995-96 budget adjustment required to support the proposed agreement is + $42,340.
Staff anticipates FY 1995-96 payments by Lemon Grove will total $63,204.50. The amount to be paid
by Lemon Grove reflects both its Net Monthly Costs (assuming a September 5 start date) and direct
reimbursement for one-time items required to outfit and equip the Animal Control Officer. Based on this
analvsis. staff anticioates the City will derive a oositive net fiscal imoact of $20.864.50 in FY 1995-96.
FY 1996-97 through FY 99-00
During the next four fiscal years, the City can anticipate Lemon Grove Animal Regulation Agreement
related revenues and expenses as are described in the table below. The diminishing Net Revenue is the
result of increasing Employee Services costs associated with the additional 1.0 Animal Control Officer
required to support implementation of the proposed agreement. The Net Revenue also reflects no
change in direct Employee Services or Full Cost Recovery Program charges over the term of the
proposed agreement. The proposed agreement provides for such charges to Lemon Grove be increased
up to 5% annually.
I:J.. .S
ATTACHMENT 1
FY 1995-96 Budget Amendment Schedule -- lemon Grove Animal Regulation Agreement
Item Amount Account Recovery Method
ACO Salary $20,120 100-1011-5101 Direct -- Monthly
ACO Retirement $3,430 100-1100-5141 Direct -- Monthly
ACO Flexible Benefits $4,240 100-1100-5142 Direct -- Monthly
ACO Medicare $290 100-1100-5143 Direct -- Monthly
One-Time Items $6,340 100-1100-5398 Direct Reimbursement
Fuel & Non-Warranty Maintenance $2,270 100-1100-5269 FCR Program Charges
Vehicle Replacement $1,990 100-1100-5270 FCR Program Charges
Sub-Total 100-1011 $38.680
Customer Service Part-Time Salary $1,640 100-0480-5101 Lemon Grove Direct
Customer Service Retirement $300 100-0480-5141 Lemon Grove Direct
Customer Service Flexible Benefits $390 100-0480-5142 Lemon Grove Direct
Customer Service Medicare $20 100-0480-5143 Lemon Grove Direct
Licensing Postage $950 100-0480-5218 Lemon Grove Direct
Licensing Printing and Binding $360 100-0480-5212 Lemon Grove Direct
Sub-Total 100-0480 $3.660
Total Budget Adjustment $42.340
/:J.- "
ATTAOIMftJT 2.
AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN
TIm CITY OF CHULA VISTA AND TIm CITY OF LEMON GROVE
THIS AGREEMENT, made this 1 stday of August ,1995 for the purpose of reference
only, and effective as of the date last executed by the parties, is made between THE CITY OF
CHULA VISTA, a charted municipal corporation of the State of California ("CV") and THE CITY
OF LEMON GROVE, a general law city o(the State ofCalifomia ("LG"), and is made with reference
to the following facts:
WHEREAS, CV has an Animal Control Shelter located at 690 Otay Valley Road that
provides to its citizens animal control services; and,
WHEREAS, LG does not have an animal control shelter and desires that the City of Chula
Vista now provide animal control services as herein specified.
NOW, TIffiREFORE, in consideration of their mutual promises, the Parties agree as follows:
Lev's Duties
CV shall provide animal control services to LG residents in the form of shelter-generated
services, resident requested services, maintenance services, administrative services, licensing and
patrol services as specifically provided herein below:
A. Shelter-Generated Services.
CV will provide public access to animal shelter during established business hours (Monday
through Friday from 9:00 a.m. to 5:00 p.m. and Saturday from 9:00 a.m. to 12:00 p.m.,
holidays excluded), for adoption services, redemption services, humane disposal of animals,
animal impound services and vicious dog hearings.
B. Resident-Requested Services.
1. CV will make available to LG residents the following animal control services
to the same extent and in the same manner they are provided and made j
available to the residents of the City ofChula Vista
2. CV will provide spay/neuter referrals, emergency medical care, adoptive
services, animal trapping, except as herein below noted, acceptance of
relinquishments, animal bite response, rescue injured animals, investigate
humane cases, quarantined biter animals, investigate reports of vicious dogs,
and provide rabies clinics, public education programs and/or other services as
may be required by the Califomia Humane Laws Handbook.
Lemon Grove Animal Control Agreement
Page J. Draft #3. July 26.1995
1.;2 -7
" .,,-
3. CV will impound lost or stray animals found within the City of Lemon Grove
in violation ofLG ordinances, subject to the exceptions below.
a. CV wil\ not trap or impound animals which the law requires be
terminated upon trapping or impoundment.
b. Cats wiIl only be trapped in emergencies such as an act of biting or
demonstration of other vicious behavior.
4. CV wil\ respond on.a complaint basis for the purpose of removal of dead
animal carcasses from public property and streets during regular service hours
(Monday through Friday from 9:00 a.m. to 4:30 p.m.). Dead animals on
private property are the responsibility of the property owner. Injured or sick
animals are the responsibility of the animal owner.
5. CV will respond to reports of vicious animals on a complaint basis.
6. CV wil\ respond to requests for services, and when required, issue citations
within LG's jurisdiction, enforcing local and state laws.
7. CV will present cases to LG's City Attorney's Office for prosecution of animal
related violations.
8. The Shelter wiIl accept livestock (including, but not limited to, cattle, swine,
sheep, goats and horses) but the cost for trailering and feeding of such
livestock wiIl be paid separately by LG.
9. CV will release impounded domestic animals to their claimed owner upon
payment of required license, redemption and vaccination fees. However,
without regard to the receipt of such fees, the City of Chula Vista wiIl have
the unilateral authority to release impounded animals to their claimed owners
under special circumstances including, without limitation, sick pets or
immediately in advance oflong weekends.
10. CV will provide euthanasia services consistent with the California Humane I
Laws Handbook and Penal Code 597(f), Subsection (d).
11. Residents-requested services will be made available upon request throughout
the day, 24 hours day, 7 days a week; however, if requests are made after
normal business hours (Monday through Friday from 9:00 a.m. to 4:30 p.m.),
CV will respond only to emergency situations as promptly as possible.
Emergency situations would include the following services:
Lemon Grove Animal ContralAgreement
Page 2. Draft #3, July 26,1995
I;;J., J'
a. seriously injured animals;
b. biter at large;
c. imminent threat to a person by a vicious/dangerous animal; and,
d. pursuant to an arrest by law enforcement officials.
12. CV shall respond to LG resident-requested services in within twenty-four
hours. CV is excused from this standard in the event of equipment failures,
strikes, labor disputes, personnel shortages, severe weather, road
impediments, and other circumstances beyond CV's control.
C. Maintenance Services.
1. CV shall be responsible for the non-warranty maintenance and gasoline
expenses of the animal control vehicle leased by LG.
2. CV shall maintain in proper working condition the animal control equipment
purchased by LG pursuant to section II.A.l of this agreement.
D. Administrative Services.
CV will provide to LG certain administrative services as follows:
1. Upon notice, from the LG City Manager or his designee, CV will have a
representative in attendance at LG called meetings that involve animal control
issues.
2. CV agrees to meet and confer in good faith with the LG City Manager or his
designee over operational issues associated with the administration of this
agreement.
3. CV agrees to give LG a monthly report specifYing the number of animals that,
as a result of CV providing the agreed upon animal control services in LG are: I
a. impounded from LG;
b. claimed by their owners;
c. impounded from LG and adopted; and,
Lemon Grove Animal Control Agreement
Page 3, Draft #3. July 26,1995
1;)..-'1
d. impounded from LG and euthanized.
4. CV also agrees to give LG a quarterly report oflicensing activities and rabies
vaccination schedules.
E. Licensing Services
CV will provide certain lice?sing services to LG as follows:
1. Maintain a Dog License Data Base System of LG's licensed and delinquent
dogs and owners which includes:
a. Inputting all information from issued dog licenses within an average
of five (5) working days and a maximum of ten (10) working days
from receipt.
b. Process new and renewed LG dog license applications, payments and
other collection activities as needed which includes:
(1) Receiving payments by mail and in person and ensuring that
payment is the correct amount.
(2) Reconciliation oflicenses to cash/checks received.
(3) Placement of cash/checks and hard copies of licenses in a
deposit bag and securing in a locked area while awaiting for
the CV courier to deliver the bag to LG.
c. Print LG dog license applications with LG adopted license fee
schedule.
d. Issue one, two, or three year metal dog tags. The tag shall indicate
numerically whether the tag is for one, two or three years and shall be
stamped "Lemon Grove" or "LG", whichever is desired by LG. Tags
will be issued and mailed to LG dog owners by Cv. Tags will also be
made available at CV Animal Shelter.
e. Issue new and renewed licenses to LG dog license applicants.
f. Issue "FREE" one year dog license to LG residents when adopting a
dog from the CV Animal Shelter. This does not include the fee for
rabies vaccination required by California state law.
Lemon Grove Animal Control Agreement
Page 4, Draft #3, July 26.1995
1:;1..- II)
g. CV shall be responsible for miscellaneous correspondence to clear
discrepancies in services, fees, length of vaccine, tags, etc.
h. CV will provide telephone customer service on inquiries, payment
status and general information.
i. CV will retu!"ll all licensing revenues to LG in a sealable deposit bag
by CV courier on every Thursday of every week of the month,
holidays excluded.
F. Patrol Services.
1. CV will assign an animal control officer to the City of Lemon Grove who will
patrol LG from 9:00 a.m. to 4:30 p.m. Monday through Friday of each
week, except as necessary to transport animals to the CV Shelter and to
provide immediate emergency medical care ofLG animals.
2. The Animal Control Officer will be an employee of CV and will be
appropriately trained and equipped. CV shall be responsible for all
compensation for that employee including salary, benefits and. workers
compensation insurance.
3. CV will take all steps necessary to assure that an officer is assigned to patrol
at all times specified in IF (1).
4. CV will provide the assigned officer with use of the Vehicle leased by LG
pursuant to Section II A hereof. Should that vehicle be out of service, CV
will provide the assigned officer with a replacement vehicle.
n. LG's Duties.
A. Vehicle Acquisition and Assumption
LG agrees to provide CV with a new animal control vehicle that is gas operated, has
an automatic transmission and contains an animal collection utility body. In addition,
the vehicle will be white in color and substantially similar to CV's existing animal
control fleet.
1. The animal control vehicle will be leased by LG for a 60 month lease term.
LG is responsible for satisfYing all terms and condition of any lease agreement
for said animal control vehicle. These terms shall include a purchase option
at lease conclusion.
Lemon Grove Animal Control Agreement
Page 5, Draft #3, July 26,1995
/:l~ II
2. During the term of this Agreement, CV will be responsible for maintaining all
liability requirements imposed by the California Vehicle Code for vehicular
operations on public agencies.
3. LG and CV will reach a mutual agreement as to the markings of the vehicle,
CV will be responsible for acquisition and application of such markings.
4. IfLG and CV agree to extend services beyond the term of this Agreement,
LG will exercise its option to purchase the lease vehicle and LG will transfer
ownership of the vehicle to CV. CV will allocate to LG a new animal control
vehicle specified in section II.A of this Agreement during the sixth year of this
term.
5. CV will utilize vehicle in LG city limits and for the purpose of transporting
stray and/or impound animals to CV Animal Shelter.
6. As operations permit, CV will return the vehicle to LG on a nightly basis.
B. LG agrees to provide CV with all changes to its Municipal Code affecting this
Agreement.
C. LG agrees to notii)' CV with current listing of all animal licenses issued, including,
without limitation, permits or licenses for dogs, kennels, pet shops, ranches or farms,
dog shows, obedience trials, and circuses.
D. LG agrees to notii)' CV of any animal related issues which are, or are anticipated, to
be scheduled on an agenda for a City Council or any legislative or administrative body
ofLG.
E. LG agrees to provide all police services necessary to permit CV to perform its duties
hereunder and further agrees to fumish prompt police backup upon the request of cv.
F. LG agrees to permit assigned CV Animal Control Officer to carry firearms within the
City of Lemon Grove.
G. LG agrees to follow, or otherwise adopt, the Redemption Fee Schedule established
byCV.
H. LG and CV agree to meet and confer in good faith regarding any operational matters
upon request of either party with two weeks written notice.
I. LG agrees to provide an endorsement stamp to CV for endorsing checks prior to
delivery to LG.
Lemon Grove Animal ContralAgreement
Page 6. Draft #3. July 26.1995
l:l, 1.).-
J. LG agrees to provide sealable deposit bags for courier delivery of licensing revenues.
K. LG agrees to provide sufficient stationery bearing LG letterhead and envelopes for
correspondence related to dog licensing services.
L. LG agrees to provide sufficient right-side window envelopes for mailing of dog
license tags.
M. LG agrees to provide CV. with sufficient metal dog tags to process all license
applications. Tags shall numerically establish whether the dog license is for one, two
or three years.
N. LG agrees to maintain hard copies of the dog license applications in order to comply
with applicable record retention requirements.
III. Payment for Services
A. One Time Start-Up Costs
The one-time start-up costs are described in the table below and will total $6,345 plus
actual data base conversion costs incurred by CV. In no case shall the one-time start-
up costs exceed $6,800. CV shall bill, and LG shall pay, the one-time start-up costs
with the first montWy billing made by CV to LG under this Agreement.
-
lone Time Start4Up Costs II I
I COST COMPONENT II LGTO PAY CVI
I Radio and Installation II $600 I
Light Bar $800
Shotgun Locking System $55
Shotgun $300
I Pistol $200 I
I Uniforms $400 I
I Leather Accessories $140 I
I Body Armor I $500 I
I Catch Poles II 8150 I
I Tranquilizer Equipment II 8200 I
16 Cat Cages @ $500 per unit II $3,000 I
Lemon Grove Animal Control Agreement
Page 7. Draft #3. July 26.1995
I d. ~/3
Dog License Data Base System Conversion (variable based on actual) I $4551
~tal One-Time Stat-Up Costs 1 $6,800 I
B. On-Going Animal Control Costs
LG agrees to pay CV the following On-Going Costs in consideration of the personnel
costs incurred by CV to provide the animal control services specified by this
agreement in LG. A MontWy Cost of Animal Control will be calculated by dividing
the annual cost by twelve. Ifi Year 1 of this Agreement, the MontWy Cost of Animal
Control will be $5,782.83. .
Ion-GOing Animal Control Costs II I
I COST COMPONENT II LG TO PAY CV I
Staffing I $29,820 I
Full Cost Recovery Program Charges Calculated at .949 of Salary $28,299
Retirement Costs Calculated at .1781 of Salary $5,311
Employee Benefit Plan for CVEA Represented Employees I $5,2821
I Medicare Costs Calculated at .0145 of Salary II $4321
I Uniform Reimbursement and Cleaning II $250 I
Total Annual Animal Control Costs
I
I Monthly Animal Control Costs
ii
$69,394
I
$5,782.831
C. On-Going Dog Licensing Costs
LG agrees to pay for each dog license purchased by a resident of LG at a rate
calculated based on the factor specified in the table below. A MontWy Licensing Fee
will be calculated by multiplying the number of dog licenses issued in the month prior
to the billing multiplied by the Cost Per License Issued. In Year I of this Agreement,
the Cost Per License Issued will be $3.89.
Dog License Processing Costs w Cost Per License Issued I
I COST COMPONENT LGTOPAYCVI
I Customer Service @ 6 minutes per license $2.111
I Database Update@ .75 per license $0.881
Postage at Contract Bulk Rate $0.65
Other Supplies and Services specific to Lemon Grove contract $0.25
Cost Per License Issued $3.89
Lemon Grove Animal Control Agreement
Page 8, Draft #3, July 26.199$
(:J-- III
D. Adiustment to Payment for Service Calculations
1. CV reserves the right to adjust On-Going Animal Control Costs and Dog
License Processing Costs no more than once annually after Year 1 based on
demonstrated changes in specified employees annual salaries or benefits,
changes to postage rates paid by CV, or changes in CV's Full Cost Recovery
Program. (The Full Cost Recovery Program was adopted by the Chula Vista
City Council on December 6, 1993 and sets forth the means by which this
amount will be calculated.)
2. In consideration ofLO's desire to manage its animal control costs, CV agrees
to limit any increases in On-Going Animal Control Costs or Dog License
Processing Costs accruing to CV pursuant to section ill.D.1. of this
agreement to 5% annually.
E. Redemption Fee Reimbursement
CV will credit LO's account for any redemption fees collected under this Agreement
for animals impounded from LG. Each month's billing will reflect a credit for the
prior month's redemption fees collected under this Agreement for animals impounded
from LG.
F. Supplemental Charges
1. LG agrees to pay the overtime costs for CV staff providing animal control
services in LG pursuant to this Agreement. Supplemental overtime charges
include:
a. $50 per callout; and,
b. Actual costs at current overtime rate of $21.44/hr and as may be
adjusted annually be CV City Council approved salary scheduled.
2. LG agrees to pay the costs associated with LG Dog License Data Base
System enhancements requested by LG at the rate of$23.09 per hour plus
applicable Full Cost Recovery Program charges.
3. LG agrees to pay actual documented costs associated with the proper care of
livestock impounded from LG.
G. LG's Net Monthly Costs Calculation
LG agrees to pay CV for services rendered under this Agreement on a monthly basis.
The amount os such monthly billings shall be based on the following formula:
Lemon Grove Animal ConJrol Agreement
Page 9, Draft #3, July 26,1995
(~-/~
Monthly Costs of Animal Control
+ Monthly Licensing Fee
+ Supplemental Charges (if any)
Monthly Redemption Reimbursements
= LG's Net Monthly Costs
H. Billing
LG agrees to fully pay any billing or statement received from CV on a monthly basis.
LG shall have thirty (30) dltys from the date of the invoice to pay such billings or
statements. Should LG fail to make a timely payment hereunder, it shall be subject
to a 10% penalty charge that reflects the said invoice, plus a 1.5% interest costs
incurred in collecting such payments.
IV. Bi-Lateral Indemnification
CV shall defend, indemnify, protect, and hold LG and its agents, officers and employees
hannless from and against any and all claims asserted or liability established for damages or
injuries to any person or property, including injury to CV's employees, agents or officers
which arise from or are connected with or are caused or claimed to be caused by the acts or
omissions of CV, and its agents, officers or employees, in performing the agreement or
services herein; provided, however, that CV's duty to indemnify and hold harmless shall not
include any claims or liability arising from the sole negligence or willful misconduct ofLG,
its agents, officers or employees. LG shall defend, indemnify, protect, and hold CV and its
agents, officers and employees harmless from and against any and all claims asserted or
.liability established for damages or injuries to any person or property, including injury to LG's
employees, agents or officers which arise from or are connected with or are caused or claimed
to be caused by the acts or omissions of LG, and its agents, officers or employees, in
performing the agreement or services herein; provide, however, that LG's duty to indemnify
and hold hannless shall not include any claims or liability arising from the sole negligence or
willful misconduct of CV its agents, officers or employees.
V. Term and Cancellation Ril!hts
A. Term.
The provisions of this Agreement shall remain in force and effect from September 5,
1995 until June 30, 2000 subject to cancellation or termination as herein provided.
Lemon Grove Animal ConJrolAgreement
Page 10, Draft #3, July 26,1995
/d. - I ~
B. Annual Review.
CV agrees to provide ninetyl2Q} days notice prior to June 30th of each year of the
total On-Going Animal Control and Dog License Processing Costs proposed to be
charged to LG for the following fiscal year. This proposal shall be provided in a form
and content similar to that provided for in section m.B and m.c of this Agreement.
On-Going Animal Control and Dog Licensing Processing Costs shall be mutually
agreed upon by both parties no later than June 30th of each year this Agreement is in
effect.
C. Termination of Agreement for Cause.
If, through any cause, either Party shall substantially fail to fulfill in a timely and
proper manner any obligation under this Agreement, or violate any of its covenants,
agreements or conditions of this Agreement, the Parties shall have the right to
terminate this Agreement by giving written notification of such termination and
specifying the effective date thereof at least five (5) days before the effective date of
such termination. If the Agreement is terminated by LG as provided for in this
paragraph, CV shall be entitled to receive just and equitable compensation for all
services performed prior to the effective date of such termination. In the event of
termination for cause, the vehicle provided by LG will be returned to LG.
VI. Notices and Desil!nation of Administrator
A. All notices and demands shall be given in writing by personal delivery or first-class
mail, postage prepaid. Notices shall be addressed to the Administrator or his/her
designee, designated below for the respective Party; provided that, if any Party gives
notices of a change of name or address, notices to the giver of that notices shall
thereafter be given as demanded in that notice. Notices shall be deemed received
seventy-two (72) hours after deposited in the United States mail.
B. The following, including their respective addresses, are hereby designated as
Administrators for the purposes of this Agreement only:
City of Chula Vista
Chief of Police, and/or his/her designee
276 Fourth Avenue
Chula Vista, CA 91910
City of Lemon Grove
City Manager, and/or his/her designee
3232 Main Street
Lemon Grove, CA 91945
Lemon Grove Animal Control Agreement
Page 11. Draft#3.]uly 26.1995
J~-/7
vn. Waiver
The waiver by one Party of the performance of any covenant, condition or promise shall not
invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant,
condition or promise. The waiver by either or both Parties of the time for performing any act
shall not constitute a waiver of the time for performing any other act or an identical act
required to be performed at a later time. The exercise of any remedy provided in this
Agreement shall not be a waiver of any consistent remedy provided by law, and any provision
of this Agreement for any remedy shall not exclude other consistent remedies unless they are
expressly excluded.
VITI. Construction
A. Entire Agreement
This Agreement supersedes any prior agreement and contains the entire agreement of
the Parties on the matters covered. No other agreement, statement or promise made
by any Party or by any employee, officer or agent of any Party that is not in writing
and signed by all Parties shall be binding.
B. Amendment
This Agreement may only be amended by the written consent of all of the Parties at
the time of such amendment.
C. Governing Law
This Agreement has been executed in and shall be governed by the laws of the State
of California.
D. Invaliditv
If any term, covenant, condition or provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
E. Interpretation of Agreement
This Agreement shall be construed as a whole and in accordance with its fair meaning.
Captions and organizations are for convenience and shall not be used in construing
meaning.
Lemon Grove Animal Control Agreement
Page 12, Draft #3. July 26,1995
1/:l~/i
F. No Strict Construction
This Agreement shall not be strictly construed against any party hereto.
G. Authority
CV and LG represent that the individuals signing this Agreement have full right and
authority to bind their respective Parties to this Agreement.
H. Best Efforts and Cooperation
The Parties to use their best efforts to satisfY all conditions to this Agreement and to
take all further steps and execute all further documents reasonable necessary to put
this Agreement into effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date opposite
their signatures below.
(end of page, next page is signature page.)
Lemon Grove Animal Control Agreement
Page 13, Draft #3. July 26.1995
/;;"-11
Signature Page to
AGREEMENT FOR ANIMAL CONTROL SERVICES BETWEEN
THE CITY OF CHULA VISTA AND THE CITY OF LEMON GROVE
Date:
CITY OF CHULA VISTA
Shirley Horton, Mayor
Attest:
Beverly Authelet
City Clerk
Approved as to Form
Bruce M. Boogaard
City Attorney
CITY O~ LEMON GROVE
ckiJ, h ~
Dr. Robert F. Bums, Mayor
Attest:
r~A7M~
Christine Taub
City Clerk
Lemon GroveAnimaI Control Agreement
Page 14, Draft #3, July 26.1995
1,;)-020
DATE
August 17, 1995
~/A
TO
The Honorable Mayor and City COu~ \
John Goss, City Manager~ ~ ~
Richard P. Emerso~, Chief of Police ~ \) ~~
Lemon Grove Animal Control Agreement -- Animal Rights Advocacy
VIA
FROM
SUBJECT
The Lemon Grove City Council, at its regular meeting of August I, 1995, approved an
agreement that will, upon approval by a majority of the Chula Vista City Council, enable the
City's Animal Regulation Division (ARD) to provide animal regulation services in the City of
Lemon Grove. Police Department staff attended that meeting and made a very brief presentation
regarding Chula Vista's approach to providing animal regulation services. Representatives from
three animal rights advocacy groups that receive partial funding from the County of San Diego
(the Spay Neuter Action Project - SNAP, Mercy Crusade and Friends of the County Animal
Shelter - FOCUS) attended and made presentations as well. !f1ese_l'resentations contained a
number of factual misrepresentations. It is staff's analysis that these same groups will be making
presentations when the subject agreement is considered by the City Council.
This Information Item was prepared to brief City Council members on the issues these
organization's representatives are likely to present and to help ensure the Council has all
necessll!)' information required to develop appropriate City policy.
The following brief presents assertions made by these groups, as confIrmed by a review of the
tape recorded proceedings of the Lemon Grove City Council meeting of August I, 1995, and the
City's policies reference the issues raised by such assertions.
I. The ARD does not provide spay/neuter services in compliance with applicable state law.
Food & Agriculture Code Sections 30503 (ref: cats) and 31751.5 (ref: dogs) state that
animal shelters shall not give away any dog/cat: .tluJl 1ulS not been spayed or neutered I
unless a deposit for spaying and neutering the dogl cat 1ulS been tendered... . These
sections go on to limit the amount of such deposits to $40 for dogs and $30 for cats. The
ARD obtains a spay/neuter deposit from all persons adopting dogs ($25) and cats (females
-$20, males - $12) that the adoptee is entitled to a refund of such deposit upon proof, as
provided by the signature of a registered veterinarian, that the animal has been altered.
About 70% of the persons paying a spay/neuter deposit make a claim for and receive
reimbursement.
);< -;2 J
2. The ARD does not provide public education programming.
The ARD participates in community events and schools throughout the year to provide
information on responsible pet ownership. The ARD uses coloring books and other
learning aids that teach youngsters about pets and responsibility. Additionally, the ARD
has received a tremendous response to Humphrey, a live asian (miniature, pot-bellied)
pig.
3. The South County Animal Shelter is open more hours than the Chula Vista shelter
facility .
The County facility is open 9:30 a.m. to 5:30 p.m., Tuesday through Friday and 9:00
a.m. to 5:00 p.m. Saturday, a total of 40 hours per week. The Chula Vista Shelter is
open 9:00 a.m. to 5:30 p.m., Monday through Friday and 9:00 a.m. to 12:00 noon
Saturday, a total of 45.5 hours.
4. The ARD doesn't respond after regular business hours.
All after hours calls screened by the Animal Control Manager who determines the
appropriate response. ARD has informal automatic-aid agreements with the animal
control departments of the cities of La Mesa and El Cajon to help ensure adequate after-
hours resources are available.
5. }be ARD does not have an Animal Health Technician on staff.
The ARD has one staff member who is an Animal Health Technician.
6. The ARD in-humanely euthllni7.es animals by direct coronary injection.
Only two cases where the direct coronary injection is employed: 1) in the case of
aggressive animals that do not respond to tranquilizing agent administered prior to
euthanization; and 2) in the case of very sick animals that are dehydrated to the extent
that vascular systems are inaccessible. Coronary iIUections is a generally accepted I
humane practice in both these types of cases.
7. The ARD does not clean kennels and cat cages regularly.
Kennels and cat cages are cleaned twice daily.
/.2-022,
8. The ARD does not have a policy that ensures low-income families can redeem their
impounded pets.
ARD has policies that ensure every willing owner is immediately re-united with their pet.
9. The ARD does not provide grants to potential adoptive families and individuals to pay
adoption and spay neuter fees.
ARD's policy is that if an individual or family cannot afford the adoption and spay neuter
fees (maximum $30) associated with obtaining a pet, it is therefore unlikely that the pet
will be humanely cared for.
10. The ARD does not screen potential adoptive families and individuals.
The ARD does screen potential adopters, however, ARD does not conduct a site-visit to
the place the adopted animal will reportedly be kept.
11. The ARD does not have a veterinarian on staff.
The ARD has a professional services contract with the Bonita Pet Hospital to provide
veterinarian services twenty-four-hours-per-day, seven-days-per-week.
Staff will be available to answer additional questions at the meeting of August 22, 1995. If you
have ql!estions prior to the meeting, please contact Chief Emerson at ext. 5185.
/J -:27
\ '
"
RESOLUTION NO. 18009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH THE
CITY OF LEMON GROVE REGARDING THE PROVISION,
BY CHULA VISTA, OF ANIMAL CONTROL SERVICES IN
LEMON GROVE, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, the Police Department, through its Animal
Regulation Division, currently provides animal regulation services
for the cities of Chula Vista, National City and Imperial Beach;
and
WHEREAS, Lemon Grove city staff contacted the City
Manager in December 1994 to request that the two cities work
cooperatively to explore the option of Lemon Grove contracting with
Chula vista for such services; and
WHEREAS, as a result of this cooperative effort, a
proposed five-year agreement was developed by staff of both cities;
and
WHEREAS, the proposed agreement arranges for Chula vista
to provide the same level of animal control, animal shelter and
animal licensing services to the citizens of Lemon Grove as are
currently provided for the citizens of Chula vista.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve an Agreement with the city
of Lemon Grove regarding the provision, by Chula Vista, of Animal
Control Services in Lemon Grove, with such minor modifications as
may be approved by the City Attorney, a copy of which is on file in
the office of the City Clerk as Document No. , (to be completed
by the Clerk in the final document).
BE
Chula vista
Agreement for
IT FURTHER RESOLVED that the Mayor of the City of
is hereby authorized and directed to execute said
and on behalf of the City of Chula vista.
Presented by
Approved as to form by
Richard Emerson, Chief of
Police
J,,2~ -/
RESOLUTION NO. /f5tf7/L/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 1995-96 BUDGET TO
REFLECT THE $38,680 IN EMPLOYEE SERVICES AND
SUPPLIES AND SERVICES EXPENSES REQUIRED TO
SUPPORT AN ADDITIONAL 1.0 ANIMAL CONTROL
OFFICER POSITION IN THE ANIMAL REGULATION
DIVISION OF THE POLICE DEPARTMENT; AND, $3,660
IN DIRECTLY RELATED EMPLOYEE SERVICES AND
SUPPLIES AND SERVICES EXPENSES IN THE REVENUE
AND RECOVERY DIVISION OF THE FINANCE
DEPARTMENT
WHEREAS, Lemon Grove has agreed to pay Chula vista the
actual Employee Services costs associated with providing the
proposed level of services plus applicable Full Cost Recovery
program charges; and
WHEREAS, the fiscal year 1995-96 Budget Amendment is set
forth in Attachment 1, attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby amend the FY 1995-96 budget to
reflect $38,680 in employee services and supplies and services
expenses required to support an additional 1.0 Animal Control
Officer position in the Animal Regulation Division of the Police
Department and $3,660 in directly related employee services and
supplies and services expenses in the Revenue and Recovery Division
of the Finance Department.
Presented by
Approved as to form by
Clv- ~ ~~
Bruce M. Boogaard, city
Attorney
Richard P. Emerson, Chief of
Police
C:\rs\aniMal.LG
Jc28 -I