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CALL TO ORDER
ROLL CALL: Cotmcilmembers Davis, Moot, Padilla, Salas, and Mayor Hotton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· OATH OF OFFICE: PARKS AND RECREATION COMMISSION YOLANDA
RAMOS
· OATH OF OFFICE: CHILD CARE COMMISSION - DEBRA Mt~OZ
· OATH OF OFFICE: GROWTH MANAGEMENT OVERSIGHT COMMISSION-
ROBERT TUGENBERG
· PRESENTATION OF CERTIFICATES OF RECOGNITION TO THE FOLLOWING
STUDENTS FROM ODAWARA, JAPAN: SATOKO JIMBO, CHIE KITANO,
ATSUMI SANO, KAYOKO NISHIYAMA
CONSENT CALENDAR
(Items 1 through 4)
The staff recommendations regarding the following items listed under the Consent
Calendar will be enacted by the Council by one motion, without discussion, unless
a Councilmember, a member of the public, or City staff requests that the item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak "form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1. RESOLUTION APPROV1NG AGREEMENT WITH THE CITY OF LEMON GROVE
FOR ANIMAL CONTROL SERVICES, AND AMENDiNG THE FISCAL YEAR 2001
BUDGET, APPROPRIATING $13,500 FOR A. 25 KENNEL ATTENDANT POSITION
(4/5THS VOTE REQUIRED)
Chula Vista has provided animal control services for the City of Lemon Grove since
1995. In November of 1999, Lemon Grove requested a bid for animal control services
from both the County of San Diego and the City of Chula Vista. The Police Department
submitted a proposal and entered into contract discussions with the City of Lemon Grove.
The proposal was based on established formulas that ensure full cost recovery associated
with services to be rendered. Subsequently, the contract was awarded to Chula Vista
contingent upon City Council approval. Staff is recommending approval of the contract
to continue to provide animal control services to Lemon Grove. (Chief of Police)
Staff recommendation: Council adopt the resolution.
........... ~T ..... m 'r 'r
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL BID PROCESS AND APPROVING A PURCHASE
ORDER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND EMPIRE
COMPUTER SOLUTIONS FOR COMPUTER HARDWARE AND SOFTWARE, AND
FOR CONTINUED INTEGRATION, TRAINING AND SUPPORT SERVICES FOR
THE EXPANSION OF THE CITY'S DOCUMENT IMAGING PROGRAM
Adoption of the resolution will approve a purchase order contract with Empire Computer
Solutions for continued service and support for the expansion of the City's LaserFiche
document imaging program. (City Clerk and Director of Management Information
Services)
Staffrecommendation: Council adopt the resolution.
3 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH THE NAUTICAL HERITAGE SOCIETY
FOR THE DESIGNATION OF CHULA VISTA HARBOR AS THE SOUTHERN
HOME PORT OF THE TALL SHIP CALIFORNIAN AND APPROPRIATING $2,335
IN UNANTICIPATED REVENUES FOR THE INCREASED COST (4/STHS VOTE
REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE
EXISTING CONTRACT WITH THE COUNTY OF SAN DIEGO FOR RECEIPT OF
FINANCIAL ASSISTANCE IN THE AMOUNT OF $6,500 TO SUPPORT THE
DESIGNATION OF CHULA VISTA HARBOR AS THE SOUTHERN HOME PORT
OF THE TALL SHIP CALIFORNIAN
Since July 1986, Chula Vista has had a contract with the Nautical Heritage Society
designating the City as the southern home port of the state's official tall ship, the
Californian. The proposed agreement extends that designation for five years and is for
$30,000 annually, which is an increase of $2,335 over the current contract. In addition,
for a number of years, the County of San Diego has recognized the benefits of the
Californian to the region and provided financial assistance to the City. The proposed
amendment extends the City's contract with the County. (Public Information Officer)
Staff recommendation: Council adopt the resolutions.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS, AWARDING CONTRACT FOR TERRA NOVA PUMP
STATION WET WELL UPGRADE PROJECT (SW-221) TO ORION
CONSTRUCTION CORPORATION AND APPROPRIATING FUNDS
THEREFOR (4/5THS VOTE REQUIRED)
On July 5, 2000, the Director of Public Works received sealed bids for the Terra
Nova pump station wet well upgrade project. The work consists, in general, of
the following: bypassing of existing sewer flows, constructing a reinforced
concrete cast-in-place wall within a wet well, installing a check valve within the
concrete wall to allow passage of sewage flow, and applying a wet well material
or lining on the concrete wall and all exposed existing surfaces within the wet
well. The work also includes all labor, material, equipment, transportation and
traffic control necessary for the project. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda 08/08/2000
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda, State law generally prohibits the Council from taking action on any
issue not included on the agenda, but, if appropriate, the Council may schedule
the topic for future discussion or refer the matter to staff Comments are limited
to three minutes.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussion and deliberation by the Council, staff, or members of the public. The
items will be considered individually by the Council, and staff recommendations
tnay, in certain cases, be presented in the alternative. If you wish to speak on any
item, please fill out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE BALLOT TEXT AND THE IMPARTIAL ANALYSIS OF TWO
PROPOSED CHARTER AMENDMENTS TO SECTION 300.D TO BE SUBMITTED
TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD
IN SAID CITY ON TUESDAY, NOVEMBER 7, 2000
On August 1, 2000, Council voted to direct the City Attorney to return with a resolution
incorporating ballot text and impartial analyses to place two Chatter amendments on the
November 7, 2000 ballot. The amendments are to Charter Section 300.D concerning
term restrictions for the Mayor and Councilmembers. (City Attorney)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION AMENDiNG RESOLUTION NO. 2000-276 TO iNCORPORATE
ADDITIONAL BALLOT MEASURE TEXT AND REQUESTING THE BOARD OF
SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM
SERVICES FOR THE CONDUCT OF THE SPECIAL MUNICIPAL ELECTION FOR
THE CITY OF CHULA VISTA TO BE CONSOLIDATED WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000
The California Elections Code requires the adoption of a resolution requesting the Board
of Supervisors to (1) consolidate Chula Vista's election with the statewide election and
(2) permit the Registrar of Voters to perform certain services in conjunction with the
City's election. It also requires that the test of any measures to be included on the ballot
be included in the resolution. Adoption of the resolution will amend Resolution No.
2000-276, adopted by the Council on August 1, 2000, to incorporate ballot measure text
for measures concerning term limitations for the Mayor and Councilmembers. The
resolution must be submitted to the Registrar of Voters by August 11, 2000. (City Clerk)
Staff recommendation: Council adopt the resolution.
ITEMS PULLED FROM THE CONSENT CALENDAR
Page 3 - Council Agenda 08/08/2000
OTHER BUSINESS
7. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
8. MAYOR'S REPORTS
A. Consideration of approval of a letter providing support to the City of Carlsbad
regarding development of a proposed golf course
9. COUNCIL COMMENTS
ADJOURNMENT to the Regular Meeting of August 15, 2000, at 6:00 p.m. in the Council
Chambers.
Page 4 - Council Agenda 08/08/2000
COUNCIL AGENDA STATEMENT
Item No /
Meeting Date 8~8~00
ITEM TITLE: Approvir~g Agreement with the City of Lemon Grove for
Animal Control Services, and amending the FY 2001
Budget, appropriating $13,500 for a .25 Kennel Attendant
Position.
SUBMITTED BY: Chief of Polic~//
REVIEWED BY: 'ty Manage
~2'~u (4/5ths Vote: Yes XX No .)
C~ J __
Chula Vista has provided animal control services for the City of Lemon Grove
since 1995. In November of 1999, Lemon Grove requested a bid for animal
control services from both the County of San Diego and the City of Chula Vista.
The Police Department submitted a proposal and entered into contract
discussions with the City of Lemon Grove. The proposal was based on
established formulas that ensure full cost recovery associated with services to be
rendered. Subsequently, the contract was awarded to Chula Vista contingent
upon City Council approval. Staff is recommending approval of the contract to
continue to provide animal control services to Lemon Grove.
RECOMMENDATION:
That the City Council approve the Resolution authorizing the Mayor to enter into
a five year agreement with the City of Lemon Grove for full animal control
services; and amend the FY 2000-2001 budget appropriating $13,500 for the
addition of a .25 kennel attendant.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION:
Since July, 1995, the City of Lemon Grove has contracted with Chula Vista for
animal control services. A renewal of a contract for full animal control services
was awarded to Chula Vista contingent upon Council approval. The proposed
contract recovers all direct costs associated with staffing, services and supplies
in addition to some indirect cots. A portion ($10,000) of citywide overhead is
recommended to be waived for the first two years because the City of Lemon
~ /
Page 2, Item
Meeting Date 8/8/00
Grove has agreed to pay for shelter infrastructure. Ten additional kennels,
estimated at $65,000 will be paid 'for by Lemon Grove and included in the new
animal shelter construction. The City benefits from acquisition of an asset, which
will provide extra capacity and remain the property of the City of Chula Vista.
Services to be Rendered
Services provided to Lemon Grove will encompass all sheltering services for lost
and abandoned animals found in Lemon Grove, which will include holding,
feeding, veterinarian care, adoption, redemption, collection of fees, selling of
licenses, euthanasia and disposal Monday through Saturday. Full animal control
patrol services will be provided Monday through Friday, 9:30 to 4:30 P.M. and
emergencies will be handled on an overtime basis after hours and on weekends.
Lemon Grove will pay for all overtime worked in the City of Lemon Grove.
Animal control patrol services include emergency transportation of injured and
sick animals found without owners, issuance of citations for violations of animal
related laws, investigation of biting and vicious dogs, beach patrol, impounding of
trays, and picking up dead animals.
Excluded Services
Services which are excluded from the agreement are the trapping and nuisance
control of wildlife, the trapping or capture of non-biter stray cats and the removal
of dead animals on private property.
Staffinq
Currently, the Police Department has one Animal Control Officer (ACO) assigned
to Lemon Grove. The salary and benefit costs of the position are fully recovered
through the service contract. No additional ACO's are necessary to staff this
contract; however, staff is recommending the addition of .25 Kennel Attendant.
Additional kennel staffing is necessary to facilitate the provision of shelter
service. The costs associated with this position are recovered in the contract. In
addition, the City of Lemon Grove will reimburse all overtime for Animal Control
Officers to provide emergency service aft6r hours, weekends and planned
special events. Lemon Grove has agreed to pay for all direct costs associated
with staffing. Payments will be automatically adjusted for future salary and
benefit increases associated with these positions.
Services & Supplies
No additional funds are requested to be appropriated for services and supplies.
Staff anticipates that the existing animal control budget is sufficient. The services
and supply costs are included in the contract amount. Services and supply
increases may be adjusted annually up to 5% of the total contract. Based on a
historical review of animal control service and supply account increases, staff
Page 3, Item
Meeting Date 8~8~00
believes the 5% cap on services and supplies will not impact the full recovery of
costs associated with this contract.
Licensin~l
The Chula Vista Finance Department will p~'ovide animal licensing services for
Lemon Grove. Finance has calculated the fee to be $4.25 per license. The
$4.25 fee recovers all direct costs including full cost recovery associated with
staffing, services and supplies needed to process licenses for Lemon Grove.
Approximately 3,000 dogs are licensed in the City of Lemon Grove. In order to
provide these services, the City of Lemon Grove has agreed to provide the City
of Chula Vista with:
Right-hand window envelops
Lemon Grove letterhead and
Dog tags subject to the City of Chula Vista's approval
Equipment
The City of Lemon Grove will provide an animal control vehicle and vehicle
insurance. Future replacement for the vehicle will also be the responsibility of
Lemon Grove. The vehicle will be maintained and replaced in accordance with
Chula Vista's vehicle maintenance and replacement schedules.
Terms
The terms of the agreement are that the City of Chula Vista provide these
services for five years. Either party may terminate this agreement for any reason
giving specific written notice at least ninety (90) days before the effective date of
such termination. If the City of Lemon Grove terminates the Agreement, the City
of Chula Vista shall be entitled to just and equitable compensation for all services
performed prior to the termination date. Each year the City of Chula Vista may
review the cost for these services and adjust the fee structure up to 5% of the
total cost of the contract to cover services and supply increases. Payments will
be automatically adjusted for salary and benefit increases associated with the
Animal Control Officer and the .25 Kennel Attendant.
Additional Kennels
Included in the new Animal Shelter CIP are three (3) banks of 28 kennels each,
for a total of 84 kennels which allows the City to maintain the projected service
levels for Chula Vista. The addition of ten (10) kennels will allow the City to
increase its shelter capacity to continue to service Lemon Grove as Chula Vista
grows. Similar provisions were included in the City of Imperial Beach's contract
approved by Council on September 14, 1999. The goal is to ultimately build 112
Page 4, Item
Meeting Date 818100
kennels to service the projected growth for the City and continue to service
contract cities.
The City of Lemon Grove will pay for the construction of ten (10) kennels. The
cost of these kennels is estimated at $65,000. Lemon Grove will pay for the
kennels in throe installments over a three year period. The payment is non-
refundable. This cost is based on the current estimates for construction of
kennels for the new Chula Vista Animal Shelter.
Method of Payment
Beginning July 1,2000, Lemon Grove will pay the City of Chula Vista $8,793 per
month for the first two years of the agreement for a total of $115,524 per year.
Lemon Grove will pay the City of Chula Vista $9,627 for the last three years of
the agreement for a total of $115,524 per year. Chula Vista will submit the billing
to Lemon Grove on or before the 10h day of the month following the billing
period, and is payable upon receipt but no later than the last day of the billing
month. Chula Vista will credit Lemon Grove with the amount of monies received
as redemption fees during the previous month. Redemption fees are anticipated
to average approximately $200 per month. Reimbursement is appropriate since
the service is included in the cost of the contract with the City of Lemon Grove.
FISCAL IMPACT:
The total revenue anticipated from this contract is $105,516 per year for the first
two years. This amount is approximately $10,000 less than the full costs of
providing the services, and $28,322 more than the direct cost of providing the
services. Total revenue anticipated from this contract for the three subsequent
years is $115,524 per year which is the full cost of providing the services. Staff is
requesting appropriation of $13,500 for one .25 Kennel Attendant. The cost of
adding a .25 Kennel Attendant is fully recovered in the contract. The City of
Lemon Grove will pay for all staff salary and benefit increases including overtime
and call-outs. Additionally, the total cost of the contract may increase up to 5%
of the total contract a year for services and supply increases.
A\LemonGroveASA113(3nd)
RESOLUTION NO.
RESOLUTION APPROVING AGREEMENT WITH THE
CITY OF LEMON GROVE FOR ANIMAL CONTROL SERVICES, AND A
AMENDING THE FY 2001 BUDGET, APPROPRIATING $13,500
FOR A .25 KENNEL ATTENDANT POSITION.
WHEREAS, Chula Vista has an animal shelter and provides animal control
services to the citizens of Chula Vista; and,
WHEREAS, Lemon Grove desires to enter into an agreement with Chula
Vista for FY 2000-2005 to provide animal shelter and control services for the
impounding, adoption, redemption and disposition of dogs, cats and other small
animals; and,
WHEREAS, Chula Vista agrees to amend its FY 00-01 budget to add .25
Kennel Attendant; and,
WHEREAS, Lemon Grove wilt pay $65,000 forthe kennels to be constructed
over a three year period; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby
approve the Agreement with the City of Lemon Grove forAnimal Control Services, a
copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED, that the Mayor of the City of Chula Vista is
hereby authorized and directed to execute said revised agreement for and on behalf
of the City of Chula Vista.
BE IT FURTHER RESOLVED that the FY 2000-2001 budget is amended
by appropriating $13,500 for a .25 Kennel Attendant position.
Presented by: Approved as to form by:
Richard P. Emerson ~ n M. Ka
Chief of Police y
H;~SHARED\CLERK~LEMON GROVE ANIMAL CONTROL
; ~'~
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF
LEMON GROVE PROVIDING FULL ANIMAL CONTROL SERVICES.
WHEREAS, Chula Vista has an animal shelter and provides animal
control services to the citizens of Chula Vista; and,
WHEREAS, Lemon Grove desires to enter an agreement with Chula
Vista for FY 2000-2005 to provide animal shelter and control services for the
impounding, adoption, redemption and disposition of dogs, cats and other small
animals, and
NOW, THEREFORE, IT IS AGREED by and between Chula Vista and
Lemon Grove as follows:
I. SERVICES:
1. Chula Vista agrees to provide animal control services to residents
of Lemon Grove in the form of shelter services, animal control
patrol services and administrative services.
SHELTER SERVICES
2. Chula Vista agrees to permit the City of Lemon Grove the use of
animal shelter facilities owned and operated by the City of Chula
Vista presently located at 690 Otay Valley Road for the
impounding, adoption, redemption, and disposition of dogs, cats
and other small animals subject to the provisions of the Lemon
Grove Animal Ordinances.
Chula Vista is in the process of building a new animal shelter,
which will be located at Fourth Avenue and Beyer Way in Chula
Vista. The City of Chula Vista plans on occupying the new shelter
on or about December 31,2000.
3. Chula Vista agrees to provide shelter services for residents of
Lemon Grove during normal shelter hours currently, Monday
through Friday 10:00 to 5:00 and on Saturday 10:00 to 4:00 for
emergencies only. The shelter will be closed on Sunday and all
major holidays. Chula Vista agrees to notify Lemon Grove Of
changes in shelter hours in advance.
4. Chula Vista agrees to accept all stray animals from Lemon Grove
residents at no charge. Appropriate fees, in accordance with Chula
Vista's Master Fee Schedule (Attachment 1), will be charged for
Lemon Grove residents wishing to relinquish owned animals to the
shelter for euthanasia or adoption, or to redeem animals.
5. Chula Vista agrees to hold all dogs and cats for the minimum
holding period pursuant to the California Food and Agriculture Code
and other applicable State Laws. As per applicable State Code
sections, animals, which are too young to survive, have
communicable diseases and severe injuries or illness may be
euthanized prior to the normal holding period. Veterinary medical
care will be provided for all impounded animals for the duration of
their holding period as needed. Chula Vista will attempt to notify
owners of identified animals as tot he whereabouts of the animal
and the holding period, Lemon Grove shall relinquish all animals
not claimed or adopted to the City of Chula Vista for disposition in
accordance with all applicable laws. policy or procedure as deemed
appropriate by the Chula Vista Shelter Manager. Upon payment of
redemption fees, Chula Vista will release to the legal owner, any
impounded domestic animal. Chula Vista will have discretion
without recourse to Lemon Grove to release animals under special
circumstances regardless of payment of fees. Chula Vista will
conduct all impound and administrative hearings as required by
law. Lemon Grove will provide a hearing officer if Chula Vista is
unable to due to conflict of interest or prejudice.
6. Chula Vista shall not be responsible to any resident of Lemon
Grove, or to the City of Lemon Grove, because of the destruction of
any animal delivered to and accepted by the shelter pursuant to this
agreement, and both parties agree to hold harmless the.other from
any claims arising from damage or injury to animals belonging to
residents of the City of Lemon Grove and accepted by the Chula
Vista Animal Shelter, except only for those claims arising from the
sole negligence of either party, its elected or appointed officials,
employees and agents.
7. Chula Vista shall maintain its shelter in a humane manner and shall
keep its shelter in a sanitary condition at all times. All services
furnished by Chula Vista shall be provided in accordance with local
laws, and the laws of the State of California. Chula Vista shall use
humane methods in care, euthanasia, and disposition of any animal
coming under its jurisdiction.
8. Chula Vista will not sell or give any live or dead animal to a medical
research facility at any time or from any jurisdiction.
9. Chula Vista will ensure all dogs, cats and rabbits adopted from the
shelter are spayed and or neutered at the time of adoption in
accordance with state law. Additionally, Chula Vista Animal Shelter
will provide the public with low cost spay and neuter information
and assistance.
PATROL SERVICES
10. Chula Vista agrees to provide a uniformed Animal Control Officer to
patrol Lemon Grove Monday through Friday 9:30 a.m. to 5:00 p.m.
in the manner and to the extent that Chula Vista deems
appropriate.
11. Patrol Services shall be conducted five (5) days a week Monday
through Friday 9:30 a.m. to 5:00 p.m. and shall include emergency
transportation of injured or sick animals, the issuance of citations
for violations of state and local laws and ordinances, impounding of
strays, investigation of biting and vicious animals, trapping of
animals (except as noted below), investigating humane complaints,
investigating barking dog or animal noise complaints, picking up
dead animals and educating the public about pet responsibility.
Lemon Grove will pay for the overtime cost associated with
emergency responses after normal business hours at the actual
overtime cost, plus $50.00 call-out fee per call.
12. All requests for service will be handled in a reasonable time and
manner and based on a priority system (Attachment 2). Chula
Vista will execute staff as needed in emergency situations to assure
reasonable response times. Chula Vista is excused from timely
performance during equipment failures, strikes, labor disputes,
personnel shortages, severe weather road impediments, disasters
and other forces outside the control of Chula Vista.
13. Large livestock such as equine and bovine will be removed under
contract by a separate agency. chosen by the Chula Vista Animal
Shelter, and capable of removing livestock. Trailing, board and
other fees will be paid by Lemon Grove.
14. Chula Vista agrees to conduct special enforcement animal control
patrols as needed or requested by Lemon Grove providing there
are no conflicts with the City of Chula Vista's needs. This will
include special animal control patrol hours or special enforcement
sweeps. All overtime will be paid by Lemon Grove.
15. Chula Vista will provide Animal Control personnel scheduled
special events as requested provided there are no conflicts with the
City of Chula Vista's needs. These events will be performed on an
overtime basis and all overtime will be paid by Lemon Grove.
ADMINISTRATIVE SERVICES
16. Chula Vista may issue dog or other animal licensed to Lemon
Grove residents at the shelter and collect fees for same.
17. Chula Vista will provide licensing services to Lemon Grove and
maintain a Dog License Data Base System of Lemon Grove's
licensed and delinquent dogs and owners. The cost for Chula Vista
to administer a license program is $4.25 per license. Chula Vista
will assist Lemon Grove with the implementation of a
Rabies/Licensing clinic program. In order to provide these
services, Lemon Grove agrees to provide the City of Chula Vista
the following:
· Envelopes with a right-hand window
· Letterhead with the Lemon Grove Logo
· Dog tags subject to our approval, because of U.S. postal
restrictions on size of tag.
Lemon Grove may discontinue licensing services with the City of
Chula Vista at any time with a written thirty (30) day notice. Chula
Vista will negotiate alternative licensing programs with Lemon
Grove as opportunities and computer programs become available.
18. Chula Vista will provide a representative to attend any Lemon
Grove meetings that involve animal control issues upon request
and with reasonable notice.
19. Chula Vista will meet and confer in good faith with a Lemon Grove
administrator over operational issues associated with the
administration of this contract.
20. Chula Vista will provide monthly reports to the' City of Lemon
Grove. These reports will include the number of impounds,
redeems, euthanasia, licenses sold. service responses and
adoptions.
II. EXCLUDED SERVICES:
1. Chula Vista will not trap skunks, opossums or other indigenous
small animals for the purpose of nuisance control. Wildlife will only
be handled for purposes of public safety or for humane reasons.
Cats, feral or tame, will only be trapped when a bite has occurred or
to protect the public health or safety. Cat traps will be provided by
Lemon Grove. Only dangerous snakes will be removed from
private property.
2. Dead animals on private property are the responsibility of the
property owner. -Owned sick or injured animals are the
responsibility of the animal owner.
III, .LEMON GROVE RESPONSIBILITY:
PAYMENT OF SERVICES
1. Lemon Grove will pay the Actual Cost for providing all services
provided for under this agreement. Actual Cost means all
customary charges including, without limitation, labor and indirect
overhead charges, overtime, benefits, paid time off, administrative
cost, supply and food costs, and clerical support as described in
Attachment 3.
2. Chula Vista will credit Lemon Grove's account for redemption fees
collected under this Agreement. Redemption fees are the Impound
Fees Collected from Lemon Grove residents who claim their
animals from the Chula Vista Animal Shelter. Each week these
impound fees and the receipts are reconciled and noted in a cash
report, which is sent to Chula Vista Department of Finance. The
Finance Department then reimburses the City of Lemon Grove for
the amount of those Impound Fees.
3. Lemon Grove agrees to provide Chula Vista with an animal control
vehicle that is white in color and is substantially similar to Chula
Vista's existing animal control fleet. Vehicle replacement is the
responsibility of Lemon Grove. If Lemon Grove and Chula Vista
agree to extend or not extend services beyond this Agreement, the
animal control vehicle remains the property of Lemon Grove. The
vehicle will be identified with appropriate lettering spelling out
"Lemon Grove Animal Control" and appropriate Lemon Grove City
Seal placed on the left and right doors and Chula Vista Animal
Shelter phone number clearly displayed.
Vehicle maintenance, fuel and oil will be the responsibility of Chula
Vista.
4. Chula Vista will automatically adjust Lemon Grove payments for
future salary and benefit increases. In addition, Chula Vista agrees
to limit any increases in on-going cost or license processing cost to
Chula Vista pursuant to Section III of this agreement to five percent
(5%) of the total cost of the contract annually. Calculations
justifying the increase will be provided to the City of Lemon Grove
prior to implementing any increase.
5
Commencing on July 1, 2000 and extending through June 30, 2002, Lemon
Grove agrees to pay the City of Chula Vista the sum of $8,793 per month for the
aforementioned services and facilities. Commencing on July 1, 2002 and
extending through June 30, 2005, Lemon Grove agrees to pay the City of Chula
Vista the sum of $9,627. At the end of each Fiscal Year, a review of this contact
will be made and appropriate adjustments for services and supplies will +be
determined. Payments will automatically adjusted for future salary and benefit
increases.
The City of Chula Vista shall, as of the first day of each month, credit Lemon
Grove with the amount of monies received during the previous month from
Lemon Grove residents as fees for redemption of Lemon Grove animals. The
Finance Department shall submit the billing to Lemon Grove on or before the 10th
day of the month following the billing period and that amount shall be due and
payable within thirty (30) days of the invoice date. A penalty often percent (10%)
will be assessed on late payments as well as on a one and one half percent
(1.5%) finance charge per month on the original delinquent charge.
CONSTRUCTION OF 10 KENNELS
The City of Chula Vista agrees to modify its design plans for its new animal
shelter to add ten (10) kennels ("Additional Kennels") which shall be built with the
same construction materials as the other kennels being built a the new animal
shelter and to the same specifications. The parties acknowledge that the kennels
would not be necessary but for Chula Vista's agreement hereunder to provide
Lemon Grove animal shelter services. In consideration for Chula Vista's
agreement to construct additional kennels, Lemon Grove agrees to reimburse
Chula Vista over a three (3) year period of the cost thereof. Such cost may
include construction materials and labor.
Lemon Grove's reimbursement obligation for additional kennels shall be $65,000
in actual cost and is non-refundable. Payment for the kennels will be made by
Lemon Grove over a three (3) year period and shall be made in three equal
installments starting July 1, 2000, and on each July 1 thereafter until paid in full.
For example:
· The first payment of $21,666.00 is due and payable on July 1, 2000.
· The second payment of $21,666.00 is due and payable on July 1, 2001.
· The third payment of $21,666.00 is due and payable on July 1, 2002.
The Finance Department shall submit the billing to Lemon Grove on or before the
10th day of the month following the billing period and that amount shall be due
and payable within thirty (30) days of the invoice date.
A penalty of ten percent (10%) will be assessed on late payments. in addition,
for each thirty (30) day period or portion thereof that an installment remains
unpaid, Lemon Grove will be charged an additional one-half percent (.5%)
finance charge on the amount (including previous delinquent charges) then
outstanding.
The kennels shall be the permanent property of Chula Vista, and Lemon Grove's
reimbursement to Chula Vista for the costs of constructing the ten (10) kennels
shall in no way give Lemon Grove any proprietary interest in the kennels or the
animal shelter.
Should Lemon Grove terminate or default in this agreement prior to the
commencement of construction of the new kennels, Lemon Grove will not be
responsible for reimbursement of the kennel costs, however, Chula Vista
reserves all available remedies for costs and expenses attributable to Lemon
Grove's termination or default.
SUPPORT SERVICES
1. Lemon Grove will provide Chula Vista with a current listing of all
animal licenses issued, including permits or licenses for dogs, cats,
dangerous dogs or animals, exotic animals, kennels, pet shops,
ranches or farms, dog shows, obedience trials and circuses.
Lemon Grove will notify Chula Vista in advance of any temporary
permits issued for circuses, petting zoos, or any traveling animal
shows to which the public is invited.
2. Lemon Grove will notify Chula Vista of any animal related issues,
which are Or anticipated to be scheduled on an agenda for the City
Council or any legislative or administrative body of Lemon Grove.
3. Lemon Grove agrees to provide all police services necessary for
Chula Vista to carry out its duties including police backup upon
request of the Chula Vista Animal Control Officer.
4. Lemon Grove agrees to permit Chula Vista Animal Control Officers
to carry sidearm within the City of Lemon Grove. Chula Vista
Animal Control Officers are employees of the Chula Vista Police
Department and may be required to carry a sidearm while on duty
in their animal control uniform. Chula Vista Animal Control Officers
also carry in their vehicles tranquilizer guns and equipment.
5. Lemon Grove agrees to adopt and/or follow the Fee Schedule
established by Chula Vista.
6. Both parties agree to meet and confer in good faith with Chula
Vista's Administrator regarding operational matters upon request,
7. Lemon Grove will provide legal representation in cases of Public
Nuisance, Dangerous, or Potentially Dangerous animal cases, and
for lawsuits, claims or litigation pertaining to these cases.
IV. TERMS AND CANCELLATION RIGHTS
TERM OF AGREEMENT
The term of agreement will be for a period of five (5) years, and will contain three
(3), one-year renewal options that may be exercised and executed by the Lemon
Grove City Manager prior to the expiration to the Agreement and/or renewal
period with approval of the City of Chula Vista.
TERMINATION OF AGREEMENT FOR CONVENIENCE
Either party may terminate this Agreement at any time and for any reason, by
giving specific written notice of such termination and specifying the effective date
thereof, at least ninety (90) days before the effective date of such termination. If
the Agreement is terminated by Lemon Grove as provided for in this paragraph,
Chula Vista shall be entitled to receive just and equitable compensation for all
services performed prior to the effective date of such termination. Kennels paid
for by the City of Lemon Grove become the permanent property of Chula Vista.
TERMINATION 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
termination. If the Agreement is terminated by Lemon Grove as provided for in
this paragraph. Chula Vista shall be entitled to receive just and equitable
compensation for all services performed prior to the effective date of such
termination.
NOTICES AND DESIGNA~'ION OF ADMINISTRATOR
1. 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
notice of a change of name or address, notices to the giver of that
notice shall thereafter be given as demanded in that notice. Notices
shall be deemed received seventy-two (72) hours after deposit in
the United States Mail.
2. 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 his/her designee
3232 Main Street
Lemon Grove, CA 91945
V. WAIVER
1. 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 the consistent remedies unless they are
expressly excluded.
V. CONSTRUCTION
1. 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.
2. Amendment. This Agreement may only be amended by the written
consent of all the Parties at the time of such amendment.
3. Governing Law. This Agreement has been executed in and shall
be governed by the laws of the State of California.
4. Invalidity. If any term, covenant, condition or provision of this
Agreement is held by a court of competent jurisdiction to be invalid,
void or unenforceable, the remainder of the provisions hereof shall
9
remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
5. 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.
6. No Strict Construction. This Agreement shall not be strictly
construed against any party hereto.
7. Authority. Individuals signing this Agreement have full right and
authority to bind their respective Parties to this Agreement.
8. Best Efforts and Cooperation. The parties promise to use their best
efforts to satisfy all conditions to this Agreement and to take all
further steps and execute all further documents reasonably
necessary to put this Agreement into effect.
9. All persons employed in the performance of services and functions
for the City Lemon Grove shall be Chula Vista employees. No
Lemon Grove employee shall perform services or functions that
Chula Vista is obligated to provide under this Agreement. All
persons employed by Chula Vista to perform the services pursuant
to this Agreement shall be entitled solely to the rights and privileges
given to Chula Vista employees and shall not be entitled, as a
result of providing services pursuant to this Agreement, to any
additional rights and privileges given to Lemon Grove employees.
Lemon Grove shall not be liable for the direct payment of any
salaries, wages, or the compensation to any Chula Vista personnel
performing services hereunder for Chula Vista or any liability other
than that provided for in this Agreement. Except as specified
otherwise, Lemon Grove shall not be liable for compensation or
indemnity to any Chula Vista employee for injury or sickness or any
other claims arising out of his/her employment. Chula Vista is an
independent contractor and no agency relationship, either
expressed or implied, is created by the execution of this
Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement on
the date above set forth.
CITY OF CHULA VISTA Date:
City of Chula Vista
Attest:
City of Chula Vista
Approved as to Form:
Attest:
Christine Taub, City Clerk
City of Lemon Grove
11
COUNCIL AGENDA STATEMENT
Item No.: ~
Meeting Date: 08/08/00
ITEM TITLE: Resolution of the City Council of the City of Chula Vista waiving
the formal bid process and approving a purchase order agreement
between the City of Chula Vista and Empire Computer Solutions
for computer hardware and software, and for continued integration,
training and support services for the expansion of the City's
document imaging program
anB~ '~'
SUBMITTED BY: Sus 'gelow, City Clerk
Louie Vignapiano, Management & Information Services Director
REVIEWED BY: CityManager~_!~Fv (4/5thsVote: Yes NoX )
SUMMARY:
Adoption of the Resolution will approve a purchase order contract with Empire Computer
Solutions for products, continued service and support for the expansion of the City's
LaserFiche document imaging program.
RECOMMENDATION:
Council adopt the resolution waiving the formal bid process as impractical and approving
a purchase order agreement with Empire Computer Solutions.
BOARD/COMMISSION RECOMMENDATIONS:Not applicable
DISCUSSION:
During Fiscal Year 1999-2000, under the City Manager's authority, the City Clerk's
Office implemented the LaserFiche document imaging system. The LaserFiche system
was selected following the City Clerk's several years of research on available systems
and after interviews with and demonstrations by various vendors. LaserFiche is an
excellent and user-friendly product used by more than 700 municipalities (as well as 300
school districts and over 17,000 sites worldwide) because of its successful
implementation and level of customer satisfaction. The system was installed to reduce
physical storage space requirements, simplify the processing of public information
requests, preserve vital and permanent documents, improve customer service, and
provide access to imaged records to other departments via the citywide network. Also
during Fiscal Year 1999-2000, LaserFiche was installed in the Engineering Division, and
a scanner was purchased to accommodate large-size maps and drawings, many of which
have been scanned into the program.
Item No.:
Meeting Date: 08/08/00
On June 6, 2000, Council adopted a Resolution that established the Document Imaging
Program Expansion Capital Improvement Project (CIP) and appropriated $147,587 to
expand LaserFiche imaging capabilities in the Engineering Division and to the Human
Resources, Planning and Building, and Police Departments. The project will also expand
the current citywide system from 10 to 25 users and from 35 to 100 concurrent viewers.
It is anticipated that other City departments, such as Community Development, City
Attorney and Finance, may wish to implement imaging activities in future years.
Empire Computer Solutions (ECS) was selected to install the City Clerk's pilot imaging
project as a result of the City Clerk's three-year discussions with various vendors and
reference checks, as well as site visits to other cities. ECS' experience is demonstrated
by its extensive list of satisfied customers. In addition, ECS was recently recognized as
the leading authorized value-added LaserFiche reseller.
The City Clerk and the Director of Management Information Services are recommending
that, pursuant to Municipal Code §2.56.070.B.3, the Council waive as impractical the
formal bid process and approve a purchase order agreement with Empire Computer
Solutions for the imaging expansion project to provide continuity and continued,
integrated support between the City Clerk's Office, MIS Department, and the various
departments using the software. ECS has (1) provided the hardware, sottware and
continued support for the City Clerk's imaging operations, (2) worked closely with MIS
staff to provide LaserFiche access to the City Clerk's records via the city-wide computer
network, (3) trained users in other departments in the use of the software; (4) provided
scanning services for Engineering maps and drawings; (5) consulted with other
departments to identify needs and recommend long-term imaging solutions; and (6)
established an excellent working relationship with the City Clerk's and MIS staff.
Fiscal Impact: Council previously authorized the expenditure of $147,587 in CIP funds
and on-going costs of $25,400 to be budgeted by MIS. Included in the FY 2000-2001
operating budget is $112,200 for scanning services for the Planning and Building
Department and $6,000 for scanning services for the Engineering Department.
Additional funds are not requested at this time, and it is expected that the City will
request bids for the scanning services portion of the project.
RESOLUTION NO. 2000-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WA1V1NG THE FORMAL BID PROCESS AND
APPROVING A PURCHASE ORDER AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND EMPIRE COMPUTER
SOLUTIONS FOR COMPUTER HARDWARE AND SOFTWARE
AND FOR CONTINUED INTEGRATION, TRAINING AND
SUPPORT SERVICES FOR THE EXPANSION OF THE CITY'S
DOCUMENT IMAGiNG PROGRAM
WHEREAS, during Fiscal Year 1999-2000, under the City Manager's authority, the
LaserFiche document imaging system was implemented in the Office of the City Clerk; and
WHEREAS, Empire Computer Solutions was selected as the vendor for the project due to the
company's responsiveness to the City's needs, extensive list of satisfied customers, and
demonstrated experience; and
WHEREAS, on June 6, 2000, the City Council adopted a resolution establishing the
Document Imaging Program Expansion Capital Improvement Project and appropriated $147,587 to
expand the LaserFiche imaging capabilities in the Engineering Division and to the Human
Resources, Planning and Building, and Police Departments; and,
WHEREAS, the City Clerk and Director of Management Information Services have
determined that Empire Computer Solutions is best qualified to provide the continuity and continued
integrated support between the City Clerk's Office, Management Information Services Department
and the departments to which the program will be expanded; and
WHEREAS, as a further result, it has been determined that competitive bidding requirements
would be impractical in this instance, and that the City's interests would be materially better served
by contracting with Empire Computer Solutions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista,
pursuant to Municipal Code §2.56.070.B.3, does hereby waive the formal bidding process as
impractical and approve a purchase order agreement with Empire Computer Solutions for computer
hardware and software, and for continued integration, training and support services for the expansion
of the City's document imaging program.
Presented by Approved as to form by
Susan Bigelow M. Kaheny C_~
City Clerk
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 84 day of August, 2000, by the following vote:
AYES: Cotmcilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Shirley Horton, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2000-~ was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 8th day of August, 2000.
Executed this 8th day of August, 2000.
Susan Bigelow, City Clerk
COUNCIL AGENDA STATEMENT
ITEM:
MEETING DATE: 08/08/00
ITEM TITLE: A. Resolution Approving an Agreement with the
Nautical Heritage Society for the designation of Chula
Vista Harbor as the Southern Home Port of the Tall
Ship Californian and appropriating $2,335 in
· unanticipated revenues for the increased cost.
B. Resolution Authorizing the Mayor to execute
an amendment to the existing contract with the County
of San Diego for receipt of financial assistance in the
amount of $6,500 to support the designation of Chula
Vista Harbor as the Southern Home Port of the tall ship
Californian.
SUBMITTED BY: Public Information Officer Jeri Gulbransen
Deputy City Manager David Palmer
REVIEWED BY: City Manager (4/5ths Vote: Yes ~'N~/~5
Since July 1986, Chula Vista has had a contract with the Nautical Heritage Society (NHS)
designating the City as the Southern Home Port of the state's official tall ship, the
Californian. This Agreement extends that designation for five years. The new Agreement is
for $30,000 annually, which is an increase of $2,335 overthe current contract. In addition,
for a number of years the County of San Diego has recognized the benefits of the
Californian to the region and provided the City financial assistance. This amendment
extends the City's contract with the County.
RECOMMENDATION: That Council adopt the resolutions to:
A. Approve the Agreement with the Nautical Heritage Society for the designation of
Chula Vista Harbor as the Southern Home Port of the tall ship Californian and
appropriating $2,335 in unanticipated revenues for the increased cost.
B. Authorize the Mayor to sign the attached amendment to renew the existing contract
and accept the $6,500 from the County to support the tall ship Californian
BOARDS/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The attached Agreement with the Nautical Heritage Society represents a continuation of
the designation of Chula Vista as the Southern Home Port of the tall ship Californian. One
t · 'r T
Page 2, Item
Meeting Date: 08/08/00
new feature, requested by the Tall Ship Society of San Diego County, adds two more days
for school visits by Chula Vista elementary students. Last year more than 680 students
enjoyed an educational visit on-board the Californian. The addition of two more days will
double the number of students who can participate. The rest of the new contract contains
some refinements; however, the Agreement is basically a continuation of the terms
contained in four previous contracts.
The terms of the Agreement are summarized below:
1. The term of the Agreement is five years, from August 8, 2000, to August 8, 2005,
with one three-year extension option. Either party may terminate the Agreement for
any reasons by giving thirty days notice. If terminated, NHS will reimburse the City
on a pro-rated basis for any remaining part of the year.
2. The NHS has a separate contract with California Yacht Marina for use of Marina
Parkway Pier in Chula Vista Harbor.
3. The Californian must base its operations, including berthing, in Chula Vista for at
least twenty days per year, including Harbor Days and one additional special event.
4. The ship will accommodate free public tours in Chula Vista Harbor on at least six
holiday or weekend days each year, including Harbor Days and one additional
special event.
5. The ship will be open for free tours especially designed for Chula Vista school
children during four weekdays each year.
6. The ship will serve as a goodwill ambassador for the City, be available for public
relations activities as the ship's schedule permits and fly the City flag when in San
Diego Bay.
7. A penalty of $500 will be assessed for every day fewer than 20 that the ship fails to
berth in Chula Vista Harbor during any year of the agreement.
8. All advertising and printed material produced by the NHS shall promote the City of
Chula Vista as the Southern Home Port, and the City has the right to use the ship in
its promotional materials.
9. At least one full Sea Cadet cruise (16 cadet positions) per year will be available for
Chula Vista high school students.
Page 3, Item
Meeting Date: 08~08~00
10. The NHS shall maintain a complete record of activities of the ship that relate to the
City and submit this record to the City at the end of each year of the Agreement.
The amendment to the existing contract with the County of San Diego recognizes that the
tall ship's visits, open houses and special cruises are enjoyed by residents throughout San
Diego County, as well as tourists to the region. To help keep the home port status, the
County has agreed to pay the city the sum of $6,500 in FY '00-01.
BENEFITS OF THE HOME PORT DESIGNATION
During the last 14 years, the Californian has been an effective tool forthe City in promoting
our bayfront as a recreational and visitor destination. The Californian and other tall ships
have formed the centerpiece of the bayfront's most successful special events including
Harbor Days.
For the term of the previous contract, the Californian spent more than 100 days in Chula
Vista Yacht Harbor. Six free, public open houses were held each year. The number of
residents and tourists who visit the ship during open houses or special events each year
continues to increase. For example, more than 5,100 people visited the ship during the
1999-2000 public events.
In the 1999-00 school year, one five-day Sea Cadet cruise gave a high seas educational
adventure to 14 students from the region. The NHS is instrumental in raising money to
support scholarships for the Chula Vista Sea Cadet educational cruises, working with the
Tall Ship Society of San Diego County.
During the last contract year more than 680 students from five elementary schools
attended a special program on-board the Californian and had an opportunity to learn more
about the environment, Californian history, tall ships and marine life. In addition, several
elementary schools from around the region had a chance to participate in the Nautical
Heritage Society's successful Sea Chest program.
In the last several years the Californian has participated in a number of high profile events
and activities. Most recently the ship has participated in Operation Sail 2000 tall ship
parades in Miami; Norfolk, VA; Baltimore; New York; and New London, CT. Because of
this involvement on the East Coast, the Californian will not be at Harbor Days this
Septemberforthe firsttime in the history ofthe event, However, through this new contract
with the Nautical Heritage Society they are responsible for ensuring that another tall ship
will participate in this premier event in Chula Vista. The Nautical Heritage Society has
already secured the tall ship "Bill of Rights" for Harbor Days.
Page 4, Item
Meeting Date: 08/08/00
Last yearthe Californian led the Gold Rush Race Tall Ship Parades in San Francisco, Los
Angeles and San Diego Bay. During the event in San Diego, the Califomian spent one day
in Chula Vista with the tall ship "Pilgrim of Newport" for a free public open house. The
Californian also has the honor of being the official flagship of the California
Sesquicentennial.
The Californian was in the national spotlight when it appeared in Steven Speilberg's
historical film, "Amistad." The Californian was repainted for its title role in "Amistad" and, at
the time the movie was released, the Californian was in Chula Vista. This activity captured
a great deal of media attention for the ship and the city.
Other recent activities included its debut as a 1/3-scale replica float in the 1997 Rose
Parade and involvement in A&E's "Hornblower" series
Because of its ties to other nautical groups, the Nautical Heritage Society has been
instrumental in helping to bring other tall ships to Chula Vista for special events and free
public tours. These have included the "Red Witch," "Spike Afdca," '~/Vitch of Wood,"
"Pacific Swift," a Canadian tall ship, and most recently "Pilgrim of Newport."
Chula Vista was identified as the Californian's Southern Home Port in all three issues of
the Nautical Heritage Society's newsletter, "Points of the Compass"; and on 20,000 copies
of "Californians and the Sea" brochures. Chula Vista is given a full page in the "Californian
Passport" and is mentioned in all the Californian Sea Chest coastal logs. All press
releases produced by the Nautical Heritage Society also identify Chula Vista as the
Southern Home Port.
The Californian has attracted local, regional, national and, on occasion, intemational media
coverage for special events, open houses, Sea Cadet sails, elementary school programs
and environmental awareness activities. The presence of the Californian in Chula Vista
Yacht Harbor has attracted television stations which increases visibility of the city's
bayfront. Local newspaper coverage has included stories and photographs in the San
Diego Union-Tribune, Star-News, San Diego Log, The Reader, La Prensa, Baja California
and numerous other publications in the area. Radio stations throughout the county have
run announcements about the Californian's visits and public open houses. The Californian
has accommodated numerous public relations activities, including taking newspaper, radio
and television reporters on-board for stories.
Coverage in the state has included features---with many mentioning home ports---in
regional newspapers and magazines including Sunset Magazine, San Francisco Chronicle,
Yachtsman Magazine and Orange County Register. Broadcast stories have aired on radio
and CBS, NBC and ABC affiliates in the state. Occasionally, the Californian has drawn
national media attention with featured pieces on "Sunday Morning", ABC Sunday morning
./
Page 5, Item
Meeting Date: 08/08/00
news, CBS national news, "California Gold" program and ESPN with Gary Jobson. During
the past year Huell Howser featured the ship and the Sesquicentennial on a "California
Gold" program. Internationally, the Californian has received extensive coverage on a
Spanish sports station (similar to ESPN) that is broadcast in 80 countries worldwide for its
work to help save whales in Mexican waters.
The Californian is designated as the official flagship of the National Oceanographic and
Atmospheric Administration (NOAA) for the California Marine Sanctuary System. The
Californian also is continuing as historic flagship for the U.S. Customs Service/California
region, and the Society is expanding its work with California State Parks to do historic re-
enactments throughout the State.
Chula Vista has had home port status since 1986 and currently is listed as one of the
Californian's two home ports with Long Beach.
CONCLUSION
In addition to the involvement of the NHS in promoting Chula Vista, the City has used the
Californian in its visitor and economic development brochures and other public relations
communication tools to increase awareness of the bayfront and to help foster a positive
image of the City. Staff believes that continuing the contract with the NHS will provide
additional promotional opportunities in the future.
The Nautical Heritage Society is a private, nonprofit entity. The City's initial $25,000 grant
to the Nautical Heritage Society did not increase between 1986 - 1992. In light of
operating budget increases ranging from seven to 24 percent between 1989 - 1992 and
increased expenses to operate the ship, the contract approved in 1992 increased the base
to $26,000 for FY '92-93, and added CPI increases (up to a maximum of 5% per year) in
the following two years. The five-year contract approved in 1995 brought the yeady total to
$27,665 and no CPI increases were implemented due to budgeting constraints. At the
same time, the Nautical Heritage Society's operating budget has grown from $325,000 in
1995 to $360,000 in 2000 for an overall increase of 10 percent. Labor and fuel costs
account for the bulk of the increase. For this contract, staff recommends increasing the
contract amount to $30,000 which represents an 8.4 percent increase for the contract.
California Yacht Marina, the leaseholder with the Port District for Marina Parkway Pier,
wholeheartedly supports the presence of the tall ship Californian in Chula Vista and has
given a signed license agreement to the Port District for use of the pier by this non-profit
group. Support for this Agreement also comes from the Tall Ship Society of San Diego
County, which provides hundreds of volunteer hours to staff the public open houses,
organize the Sea Cadet cruises, assist with Sea Chest programs and provide local
elementary school programs.
Page 6, Item
Meeting Date: 08/08/00
FISCAL IMPACT: The FY 2000-01 cost of the proposed contract is $30,000. Included in
the approved FY '00-01 Community Promotions Budget is $27,665, which is the amount of
the previous contract. The payment of $6,500 from the County will cover the $2,335
increase for the new contract as well as reimburse a portion of the General Fund
expenditure,
Attachments: Agreement between City of Chula Vista & Nautical Heritage Society
County Contract Amendment
Tall Ship Society summary of Californian activities for 1999-2000
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH THE
NAUTICAL HERITAGE SOCIETY FOR THE DESIGNATION
OF CHULA VISTA HARBOR AS THE SOUTHERN HOME
PORT OF THE TALL SHIP CALIFORNIAN AND
APPROPRIATING $2,334 IN UNANTICIPATED REVENUES
FOR THE INCREASED COST
WHEREAS, since July 1986, Chula Vista has had a contract
with the Nautical Heritage Society designating the City as the
Southern Home Port of the state's official tall ship, the
Californian; and
WHEREAS, the new Agreement, for $30,000 for the first
year, extends that designation for five years and will add two
more days for school visits by Chula Vista elementary students.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve an Agreement with the
Nautical Heritage Society for the designation of Chula Vista Harbor
as the Southern Home Port of the Tall Ship Californian, a copy of
which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the amount of $2,335 is
hereby appropriated from unanticipated revenues for the increased
cost.
Presented by Approved as to form by
Information Coordinator ~rney
H:\home\attorney\reso\tallship Nautical Heritage Society
AGREEMENT BETWEEN
CITY OF CHULA VISTA
AND
NAUTICAL HERITAGE SOCIETY
FOR DESIGNATION OF CHULA VISTA HARBOR
AS THE SOUTHERN OPERATING PORT
FOR THE TALL SHIP CALIFORNIAN
This Agreement, dated August 8, 2000 for the purpose of reference only, and effective
as of the date last executed between the parties, between the City of Chnla Vista ("City") herein, a
municipal corporation of the State of California and the Nautical Heritage Society ("Society"), a
nonprofit Corporation, and is made with reference to the following facts:
RECITALS
WHEREAS, the City of Chula Vista has been recognized since 1986 as the Southern
Home Port of the tall ship CALIFORNIAN, the designated official tall ship ambassador of the State
of California; and
WHEREAS, the Nautical Heritage Society, a private nonprofit corporation, desires
to continue the designation of Chula Vista Harbor as the Southern Home Port of their tall ship
CALIFORNIAN; and
WHEREAS, the presence of the CALIFORNIAN in Chula Vista Harbor provides
substantial benefit to the conununity's school students and to the residents of Chula Vista in terms
of education, recreation, publicity and economic development; and
WHEREAS, the City is providing $30,000 annual fmancial support for the
CALIFORNIAN and her activities;
NOW, THEREFORE, BE IT RESOLVED that the City and Society do hereby
mutually agree as follows:
SECTION 1: SERVICES
OPERATIONS IN CHULA VISTA
The CALIFORNIAN shall base its operations fi-om Chula Vista Harbor, including
berthing for at least part of each day, for a minimum of twenty (20) days a year subject to the
availability of docking facilities. This minimum shall include Harbor Days (mid to late September),
and one additional special event agreed upon by the City and Society. The Society shall be notified
of the dates of these special events at least 180 days in advance.
The Society shall maintain an agreement with California Yacht Marina (CYM) for
use of Maxina Parkway Pier in Chula Vista Harbor and provide City with a copy of that agreement.
The Society shall provide City with the CALIFORNIAN's schedule in Chula Vista Harbor at least
180 days in advance.
The tall ship CALIFORNIAN shall be commanded by a professional United States
Coast Guard liceused skipper at all times it is in Chula Vista Harbor.
PUBLIC TOURS
The Society shall accommodate free organized public tours of the CALIFORNIAN
on a minimum of six (6) holiday or weekend days (including Harbor Days and one additional special
event) during each year when the CALIFORNIAN is berthed in Chula Vista Harbor. Said tours shall
be for a minimum period of three (3) hours, except on Harbor Days when the ship will be available
the full day for tours, parades and other activities. It is primarily the City's responsibility to publicize
such free tours and other public activities of the ship when it is berthed in Chula Vista Harbor. If
the CALIFORNIAN is not in Southern California waters during a time the City desires to schedule
one of the public tours, the City and Society may mutually agree to substitute another of the
Society's vessels or the Society shall, at its expense, up to the pro-rated contract amount, make
arrangements for another tall ship to be part of the festival.
During open houses, the Society shall provide a minimum of four crew members on~
board the CALIFORNIAN to conduct tours and ensure the safety of visitors. The crew may be
relieved only if the captain of the CALIFORNIAN deems that a sufficient number of volunteers are
on-board and performing the same duties expected of the crew.
During public open houses on-board the CALIFORNIAN, the Main Salon and
Governor's Cabin shall be open to visitors, unless an emergency situation dictates otherwise.
The CALIFORNIAN shall open for free public or school tours during four weekdays
during each year when berthed in Chula Vista Harbor for a minimum of six hours each day.
PUBLIC RELATIONS ACTIVITIES
The CALIFORNIAN will serve as a goodwill ambassador for the City of Chula Vista
and be available for public relations activities of the City, such a day cruises and receptions, as her
schedule permits.
The CALIFORNIAN shall fly the flag of the City of Chula Vista when it is berthed
in Chula Vista Harbor and sailing in San Diego Bay. City shall provide flag to Society for this
purpose.
.............. 'r ............ · 'r r
City has the right to use the name or image of the CALIFORNIAN in brochures,
video and slide presentations, and other promotional materials published by the City. Use of the
Society's logotype by the City shall require written approval from the Society. Society's approval
shall not be unreasonably withheld.
All advertising in San Diego County and appropriate printed material produced and
distributed by the Society shall include the City of Chula Vista name and indicate that Chula Vista
Harbor is the CALIFORNIAN's Southern Home Port.
SEA CADET CRUISE
The Society shall provide to the City the right of first refusal each year for a minimum
of one (1) eleven-day Sea Cadet cruise (16 cadet positions) or two (2) five-day cruises (16 cadet
positions each) during the school calendar year for qualified youth in the Chula Vista area. In the
event that there are not students for the cruise, the positions may be filled from other geographic
areas. The City must inform the Society at least 180 days in advance of its intent to place cadets on
the cruise. In place of one (1) five-day Sea Cadet cruise, the City and Society may substitute five
days of another sailing/maritime activity, if mutually agreeable to both parties.
RECORD QF ACTIVITIES
The Society shall maintain a record of the CALIFORNIAN's activities relating to the
City. This record shall include, but not be limited to, days in which the ship's operations were based
in Chula Vista Harbor, number and length of free public tours, number of times the City was
publicized in Society publications, day sails originating from Chula Vista Harbor, etc. The record
shall be submitted in writing to the City prior to the end of July of each year covered by this
Agreement.
SECTION 2: TERM
TERM
The term of this Agreement will be for five (5) years commencing on August 8, 2000,
and terminating on August 8, 2005, with one three-year extension opti6n.
TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, Society shall fail to fulfill in a timely and proper manner
Society's obligations under this Agreement, or if Society shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the fight to terminate this Agreement
by giving written notice to Society of such termination and specifying the effective date thereof, at
least thirty (30) days before the effective date of such termination.
TERMINATION OF AGREEMENT FOR CONVENIENCE
Either party may terminate this Agreement at any time and for any reason, by giving
specific written notice to the other party of such termination and specifying the effective date thereof,
at least thirty (30) days before the effective date of such termination.
SECTION 3: GRANT
GRANT AMOUNT
In consideration for designating Chula Vista as Southem Home Port and providing
community and public relations support, the City shall provide a yearly grant of $30,000 to support
the Society and activities of the CALIFORNIAN. This grant may be adjusted annually, after the first
year, in an mount that equals the percentage increase of the All Urban Consumers Price Index for
the San Diego Region (CPI) for the most recent twelve months, up to a maximum of 5 percent.
GRANT PAYMENT
For the first four years of this A~eement, the grant shall be payable on or after July
28 of each year after a calendar of operations for Chula Vista Harbor has been submitted by the
Society and approved by the City. In the final year, half of the grant shall be payable on or after July
28 after a calendar of operations for Chala Vista Harbor has been submitted by the Society and
approved by the City, the remainder of the grant shall be payable after the snip has fnl~lled its yearly
operations in Chula Vista.
PENALTIES
Failure by the Society to meet the conditions of Section 1: Service of this Agreement
specifying the minimum number of days in wnich the snip shall base its operations, including
berthing at least part of each day, in Chula Vista Harbor shall result in a penalty of $500 per day for
each day less than 20 days unless otherwise agreed to in writing by both parties. Such penalties shall
be deducted fi-om subsequent payments due to the Society. If all payments due to the Society as
specified in Section 3: Grant of this Agreement have been made prior to a penalty situation being
identified, the Society shall retired to the City the mount equal to the penalty within 45 days after
the end of the term of this Agreement or 45 days after the Agreement has been terminated by either
party.
If the Agreement is terminated by either party, any payment due to the Society shall
be pro-rated according to the percentage of the contract year expired. If terminated by either party,
any payments already made by the City to the Society shall be pro-rated according to the percentage
of the contract year expired and any amount due to be returned to the City shall be payable within
90 days.
T · 'r r
AUDIT
City may request a review and audit of Society's financial records. Said review and
audit shall be consistent with the terms of applicable Corporations Code requirements relating to
nonprofit organiTalions. In the event City desires an independent audit, said audit shall be performed
at City's sole cost.
SECTION 4: ADMINISTRATION
INSURANCE
Society represents that it and its agents, staff and subcontractors employed by it in
connection with the services required to be rendered, are protected against the risk of loss by the
following insurance coverage, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that a Best's Rating of "A, Class V" or better, or shall meet
with the approval of the City.
Statutory Worker's Compensation Insurance and Employer's Liability Insurance
Coverage in the amount orS1,000,000.
Commercial General Liability Insurance coverage in the amount ors 1,000,000 which
names City as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the City and Society in the
same manner as members of the general public CCross-liability Coverage"). Business Automobile
Insurance is waived under the condition that the Society does not transport guests, program
participants or the general public in vehicles.
PROOF OF INSLrRANCE COVERAGE
CERTIFICATES OF INSURANCE
Society shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may not be canoeled without at least
thirty (30) days written notice to the Additional Insured.
POLICY ENDORSEMENTS REQUIRED
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Society's Commercial General Liability Insurance Policy,
Society shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed
and approved by the Risk Manager.
HOLD HARMLESS
Society shall defend, indemnify and hold harmless the City, its elected and appointed
officers and employees, from and against all claims for damages, liability, cost and expense
(including without limitation attomeys' fees) arising out of the conduct of the Society, or any agent
or employee, subcontractors, or others in connection with the execution of the services covered by
this Agreement, except only for those claims arising from the sole negligence or sole willful conduct
of the City, its officers, or employees. Society's indemnification shall include any and all costs,
expenses, attomeys' fees and liability incurred by the City, its officers, agents, or employees in
defending against such claims, whether the same proceed to judgment or not. Further, Society at its
own expense shall, upon written request by the City, defend any such suit or action brought against
the City, its officers, agents, or employees. Society's indemnification of City shall not be limited by
any prior or subsequent declaration by the Society.
ADMINISTRATIVE CLAIMS REOUIREMENTS AND PROCEDURES
No suit or arbitration shall be brought arising out of this Agreement, against the City
unless a claim has first been presented in wrifmg and filed with the City and acted upon by the City
in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as
same may from time to time be amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used by the City in the implementation
of same.
Upon request by City, Society shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
ATTORNEY'S FEES
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to cover all reasonable costs incurred in the defense of the claim,
including costs and attorneyls fees.
ASSIGNABILITY
The services of Society are personal to the City, and Society shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or
novation), without prior written consent of City.
INDEPENDENT CONTRACTOR
City is interested only in the results obtained and Society shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Society's work.
Society and any of the Society's agents, employees or representatives are, for all purposes under this
Agreement, an independent contractor and shall not be deemed to be an employee of City, and none
of them shall be entitled to any benefits to which City employees are entitled including but not
limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave
benefits.
SOCIETY NOT AUTHORIZED TO REPRESENT CITY
Unless specifically authorized in writing by City, Society shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
NOTICES
All notices, demands or requests provided for or permitted to be given pursuant to
this Agreement must be in writing.
ADMINISTRATION OF CONTRACT
Each party designates the individuals ("Contract Administrators"), as indicated below,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration of this Agreement.
CITY CONTRACT ADMiNISTRATOR SOCIETY CONTRACT ADMINISTRATOR
David Palmer Steven Christman
Deputy City Manager Nautical Heritage Society
276 Fourth Avenue 1064 Valle Negocio, Unit B
Chula Vista, CA 91910 San Clemente, CA 92673
(619) 691-503 1 (800) 432-2201
· SIGNATURE PAGE TO
~ AGREEMENT DATED AUGUST 8, 2000
BETWEEN THE CITY OF CHULA VISTA AND
NAUTICAL HERITAGE SOCIETY
DESIGNATING CHULA VISTA HARBOR AS
SOUTHERN HOME PORT OF THE TALL SHIP CALIFORNIAN
IN WITNESS WHEREOF, City and Society have executed this Agreement this day of
August 8, 2000.
THE CITY OF CHULA VISTA NAUTICAL HERITAGE SOCIETY
Mayor Executive Director
Approved as to form:
Dated:
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE
AN AMENDMENT TO THE EXISTING CONTRACT WITH THE
COUNTY OF SAM DIEGO FOR RECEIPT OF FINAMCIAL
ASSISTANCE IN THE AMOUNT OF $6,500 TO SUPPORT
THE DESIGNATION OF CHULA VISTA HARBOR AS THE
SOUTHERN HOME PORT OF THE TALL SHIP
CALIFORNIAM
WHEREAS, the City's agreement with the Nautical Heritage
Society to designate Chula Vista Harbor as the Southern Home Port
of the tall ship Californian requires that the City make a $30,000
grant in FY 2000/01 to the ship's organization; and
WHEREAS, in consideration of the value of the ship as a
shared community asset, the County has allocated $6,500 in its
Community Enhancement Funds to support this service; and
WHEREAS, staff recommends continuing the project and
recommends executing an amendment to the agreement with the County
of San Diego.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does approve an Amendment to The Existing
Contract with the County of San Diego for receipt of financial
assistance in the amount of $6,500 to support the designation of
Chula Vista Harbor as the Southern Home Port of the tall ship
Californian, a copy of which is on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
amendment for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
Information Officer
M: \home\lorraine\rs\tallship. Ca
COMMUNITY ENHANCEMENT PROGRAM
EXHIBIT A
FOR 2000-01
NAME OF ORGANIZATION: City of Chula Vista
DATE OF AWARD BY THE BOARD OF SUPERVISORS: June 19, 2000
PERIOD OF CONTRACT: July 1,2000 - June 30, 2001
SCOPE OF SERVICE:
Tall Ship "Californian"
AWARD AMOUNT: $6,500.00
I agree to the Contract terms stated above:
Signature Date
TaftShip Society of San )iego
juiy25,200o
From: ]'ohn Willerr, Commodore
To: ~eri Oulbransen, City of ChulaVista, Public Information
Subj: Summary of the CALIFORNIAN in port Chuia Vista Yacht Harbor and ~ Diego Bay
The following is a summary of the CALIFORNIAN, dufin~ the period of January 1999 Lhru
]'anuary 18,2000. [Revised 11:00]
Day Date Times TypeActivity Visitors
Jannarp 1999
Saturday 23rd 1000-1700 FreePublic OpenHouse 380
Sunday 24th 1000-1700 FreePublic OpenHouse 452
Saturday 30th 1000-1700 FreePublicOpenHouse 391
Tuesday 13th 0900-1600 TallShipsParade(FestivaLofSail)NightBer[hCY1Vl
Wednesday 14th 1400-1700 GunBattle, SanDiegoBay, NightBerth, BERKELEY, 513
Thursday 15th 1400-1700 GuaBattle, SanDiegoBay, NightBorth, BBERKELEY, SD
Friday 16th 1400-1700 GtmBattle, 9anDiegoBay, lxlightBerth, BERKELEY, 513
Saturday 17th 1400-1700 Gt~aBattle, SanDiegoBay, biightBerth, BERKELEY, SD
Saturday 17th 1900-2100 T~q/CVYCDirmerforCALIFORNIAN, Night Berth CYM
Sun-Fri 25-30 Lay Day, berthed CYM Public Pier
Saturday 31st 0800-1800 CoronadosIslandsSailfromKKIYC, SheRerlsland 48
NT. ee: During the period of the 14th thru the 17th the
ship was open to public visiting during the hours of 1000-1230, the ship was
berthed alongside the BERKELEY each day, no record of attendance was kept.
September 1999
Monday 6th Arrives ChulaVistaYacht Harbor late afternoon
Tuesday 7th 0900-1200 EastlakeElementarySchoolSail(SeaChestProgram) 45
1300-1630 EastlakeEIementarySchoolSail(SeaChestProgram) 45
Wednesday 8th 0900-1200 EastlakeElementarySchooISail(SeaChestProgram) 45
1300-1700 ShipsMaintenance, berthedCYM PublicPier
Thursday 16th 1600 ArrivedChulaVistaYachtHarbor, berthedCYM PublicPier
Friday 17th Lay Day, berthed CYM Public Pier
Saturday 18th 1000-1600 Chu[aViseaHarborDays, berthedCYM PublicPier 1112
Sunday 19th 1000-1600 ChulaVistaHarborDays, berthedCYM PublicPier 1250
Monday 20th 0900 DepartedforDanaPoint
November 1999
Sunday 14th 0700 Arrived ChulaVistaHarbor CYM PublicPier
1000-1600 FreePublic OpenHouse, berthed CYM Public Pier 267
Monday 16th 0900 DepartedofSdayCadetSailCruise 12
Friday 19th -1500 Returned from 5 day Cadet Sail Cruise
Saturday 20th 1000-1600 Free Public OpenHouse, berthed CYM Public Pier 362
1800 DepartedforKK[YC
Sunday 21st 0800-1800 CoronadosIslandsSailffomKKIYC, Shel[erlsland 48
.lanuary 2000
Friday 14th 2030 Arrived ChulaVistaHarbor CYM PublicPier
Saturday 15th 1000-1600 Free Public Open House, bertbed CYM Public Pier 278
Sunday 16th 1000-1600 FreePublicOpenHouse, berthedCYM PublicPier 250
Monday 17th 0900-1600 Originally scheduled for Dock Side Program, no school,
(MartinLutherKing). Shipthen Opened republic 163
Tuesday 18th 0900-1500 ElementarySchoolDockSideProgram(3schools) 60
1600 DepartedforDanaPointNofurthervisitsin2O00
Total vlsils toCALIFORhrIAIV in Cl~ula Visit = 5112
97 M0ntebello St, Chula Vista, CA. 91910 Tel (619)420-1607 Fax (619) 425-9521 Emai jawillett@home.com
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date: 8/8/00
ITEM TITLE: Resolution Accepting bids, awarding contract for "Terra Nova Pump
Station Wet Well Upgrade, in the City of Chula Vista, California (SW-221)"
project to Orion Construction Corporation in the amount of $49,600.00, and
appropriating $25,000.00 from the available fund balance in the Sewer Facilities
Replacement Fund to CIP Project SW-221.
REVIEWED BY: City Manager~ ~t (4/Sths Vote: Yes X No .}
At 2:00 p.m. on July 5, 2000, the Director of Public Works received sealed bids for the "Tetra Nova Pump
Station Wet Well Upgrade, in the City of Chula Vista, Califomia' project. The work consists in general of
the following: bypassing of existing sewer flows, construction of a reinforced concrete cast-in-place wall
within a wet well, installation of a check valve within the concrete wall to allow passage of sewage flow,
and applying a wet well material or lining on the concrete wall and all exposed existing surfaces within the
wet well. The work also includes all labor, material, equipment, transportation and traffic control
necessary for the project.
RECOMMENDATION:
1. That Council accept bids, and award the contract for the "Tetra Nova Pump Station Wet Well
Upgrade, in the City of Chula Vista, Califoruia (SW-221)" project to Orion Construction
Corporation of San Marcos, California for $49,600.00; and
2. That Council appropriate $25,000.00 from the available fund balance in the Sewer Facilities
Replacement Fund to CIP Project SW-221.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
General
This project involves the resizing of the wet well at the Tetra Nova Pump Station in order to reduce the
wastewater detention time. The full capacity of the existing wet well will be utilized to allow for
emergency storage and a check valve will be installed to accommodate the passage of sewage flow from the
emergency storage to the pump intake.
The existing capacity of the wet well has caused the wastewater to accumulate for a long period of time
prior to pumping operations beginning and, as a result, has caused the generation of foul odors to emanate
Page 2, Item
Meeting Date: 8/8/00
from the pump station. The existing condition of the wet well requires periodic mm~ual maintenance and
cleaning and the hydrogen sulfide gas produced is causing deterioration of the force main and the gravity
sewer lines. With the construction of the project, future maintenance and rehabilitation costs for the pump
station will be reduced.
The improvements for the project will include mobilization, bypassing of existing sewer flows, construction
of an approximate 8" x 7' x 14.5' reinforced concrete cast-in-place wall within a wet well, installation of a
check valve within the concrete wall to allow passage of sewage flow, and applying a wet well material or
lining on the concrete wall and all exposed existing surfaces within the wet well. The work also includes all
labor, materials, equipment, transportation, demolition and clearing necessary for the project.
Project Advertisement
Engineering staff prepared plans and specifications, and advertised the project. Staff received and opened
bids on July 5, 2000.
The City received bids from one contractor as follows:
CONTRACTOR $49,600.00
BID AMOUNT
1. Orion Construction Corporation - San Marcos, California.
The low bid from Orion Construction Corporation is above the EngineerIs estimate of $47,000.00 by
$2,600.00 or appruximately 5.5%. Due to the specialized knowledge and experience required to perform
the work for this project, staff feels that the bid received is satisfactory and that readvertisement of the
project would not result in rely significant cost savings. It is stMfs experience that these types of projects
draw a low number of bid proposals. Further, the heightened increase in construction activity in this region
accounts for the absence of other bid proposals for a project of this type.
Engineering staff checked the references provided by the contractor. All references were verified and their
work has been satisfactory. Their Cootractor's License No. 549309 is clear and current. Staff has
reviewed the low bid and is recommending awarding the contract to Orion Construction Corporation of San
Marcos, California.
Disclosure Statement
Attaclnnent "A'1 is a copy of the contractorIs Disclosure Statement.
Environmental Status
The Environmental Review Coordinator has reviewed the work involved in this project and has determined
that the project is exempt under Section 15301, Class 1 (c) of the California Environmental Quality Act
(Minor Alterations of Existing Public Improvements or Public Structures).
Prevailin~ Wa~e Statement
This project is funded through the Sewer Facilities Replacement Fund. Based on the current project
~unding guidelines, no prevailing wage requirements wcrc necessary as part of the bid documents.
Page 3, Item
Meeting Date: 8/8/00
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount (Orion Construction Corporation) $49,600.00
B. Contingencies (10%) $5,000.00
C. Staff Costs (Design, Inspection) $23,400.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $78,000.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Sewer Facilities Replacement Fund $53,000.00
B. Appropriation of funds from the available fund balance in the Sewer Facilities
Replacement Fund to CIP Project SW-221. $25,000.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $78,000.00
The above action of awarding the contract will authorize a total expenditure of $53,000.00 from the
budgeted CIP project. In order to complete the project, an additional $25,000.00 will be appropriated from
the available fund balance in the Sewer Facilities Replacement Fund to CIP Project SW-221. The
additional funds are needed to cover any potential additional construction costs, staff costs for the
preparation of the plans and specifications, administrative costs, and the future staff costs for construction
inspection. After construction, only routine City maintenm~ce will be required.
Attachments:
A - Contractor's Disclosure Statement
Vicinity Map
H:\SIIARED~ENGINEER\SW221AlI3.GET.doc
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You a~e required to file a Statement of Disclosure of cerw. in ownership or financial interests, payments, or campaign contributions, on
all matters which will require discretionary action on the pan of the City Council, Planning Commission, and all other official bodies.
The following information must be disclosed:
1. List the names of all persons having a financial interest in the property which is the subject of the application or the Contract,
e.g., owner, applicant, Contractor, subcontractor, material supplier.
2. If any person* identified pursuant to ( 1 ) above is a corporation or partnership, list the names of all individuals owning more
than 10% of the shares in the corporation or owning any partnership interest in the pannership.
3. If any person* identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as
director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions,
Committees. and Council within the past twelve month? Yes __ No f~f yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you have
assigned to represent you before the City in this matter.
(NOTE Attached addttton ) *
D,,e: 7/ 1oo $igna reofco ,Applicant
Print or type name of C~Applicant
13
p~RK~IDE DRIVE
PROJECT RLE
TERRA NOVA PUMP STATIONa~Eo
WET WELL UPCRADE ~HO~
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, AWARDING CONTRACT
FOR TERRA NOVA PUMP STATION WET WELL UPGRADE
PROJECT (SW-221) TO ORION CONSTRUCTION
CORPORATION AND APPROPRIATING FUNDS THEREFOR
WHEREAS, at 2:'00 p.m. on July 5, 2000, the Director of
Public Works received the following sealed bid for the ~Terra Nova
Pump Station Wet Well Upgrade, in the City of Chula Vista,
California" project:
CONTRACTOR BID AMOUNT
Orion Construction Corporation $49,600.00
San Marcos, California
WHEREAS, the low bid from Orion Construction Corporation
is above the Engineer's estimate of $47,000.00 by $2,600.00 or
approximately 5.5%, however, due to the specialized knowledge and
experience required to perform the work for this project, staff
feels that the bid received is satisfactory and that
readvertisement of the project would not result in any significant
cost savings; and
WHEREAS, staff has reviewed the low bid and is
recommending awarding the contract to Orion Construction
Corporation of San Marcos, California; and
WHEREAS, the Environmental Review Coordinator has
reviewed the work involved in this project and has determined that
the project is exempt under Section 15301, Class 1 (c) of the
California Environmental Quality Act (Minor Alterations of Existing
Public Improvements or Public Structures); and
WHEREAS, this project is funded through the Sewer
Facilities Replacement Fund and based on the current project
funding guidelines, no prevailing wage requirements were necessary
as part of the bid documents; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the
'T" · 'r r
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept said one bid and award the
contract for "Tetra Nova Pump Station Wet Well Upgrade, in the City
of Chula Vista, California (SW-221)' Project to Orion Construction
Corporation in the amount of $49,600.00.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
contract on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the amount of $25,000.00 is
hereby appropriated from the available fund balance in the Sewer
Facilities Replacement Fund to CIP Project SW-221.
Presented by Approved as to form by
John P. Lippitt J~heny~ ~~
Director of Public Works City Attorney
[H \HOMFATTORNEY%RESO\Terra Nova Pump Bid {August 3, 2000 (1017am)]
2
CITY COUNCIL AGENDA STATEMENT
ITEM ~
MEETING DATE: 8/8/00
ITEM TITLE: Resolution Approving the Ballot Text and the
Impartial Analysis of Two Proposed
Charter Amendments to Section 300 .D to be
Submitted to the Electorate at the
Special Municipal Election to be held in
said City on Tuesday, November 7, 2000
SUBMITTED BY: City Attorney
(4/Sths Vote: Yes__No X )
RECOMMENDATION:
Adopt the resolution.
BOARD/COMMISSION RECOMMENDATION:
N/A
DISCUSSION:
At the City Council meeting of August 1, 2000, the City Council,
after receiving a report from the City Attorney and hearing public
testimony, voted for the City Attorney to return to the Council
with a resolution to place two amendments to Charter Section 300.D
on the November 7, 2000 ballot along with the proposed ballot text
and impartial analysis.
One proposed Charter amendment repeals the current unrestricted
consecutive two full term limit for the Mayor and Councilmembers
and permits a third term when the incumbent restricts campaign fund
raising to six months prior to an election and it also expands from
one year to three years the period a termed out Councilmember must
wait to seek reelection.
The other Charter amendment repeals the current unrestricted
consecutive two full term limit for the Mayor and Councilmembers
and permits additional terms when the incumbent restricts campaign
fund raising to six months prior to an election.
FISCAL IMPACT:
None.
H: \home\lorraine\all3\term limit impartial
RESOLUTION NO. 2000-
RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, APPROV1NG THE BALLOT
TEXT AND THE IMPARTIAL ANALYSIS OF TWO
PROPOSED CHARTER AMENDMENTS TO SECTION
300.D TO BE SUBMITTED TO THE ELECTORATE AT THE
SPECIAL MUNICIPAL ELECTION TO BE HELD 1N SAID
CITY ON TUESDAY, NOVEMBER 7, 2000
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, by Resolution No. 2000-231, the City Council of the City of Chula Vista did
call an election to be held on Tuesday, November 7, 2000, for the purposes of electing two
members of the City Council; and
WHEREAS, at its meeting of August 1, 2000, the City Council, after receiving a report
from the City Attorney and hearing public testimony, voted for the City Attorney to return to the
Council with a resolution to place two amendments to Charter Section 300.D on the November
7, 2000 ballot along with the proposed ballot text and impartial analysi; and
WHEREAS, Elections Code Section 9280 directs the City Attorney to prepare an
impartial analysis of each proposed measure to amend the Charter of the City of Chula Vista;
and
WHEREAS, Elections Code Section 9282 authorizes the City Council, or any member or
members of the City Council authorized by the City Council, to file a written argument for any
City measure; and
NOW, THEREFORE, BE iT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the ballot text, the City Attorney's impartial analysis of two proposed
Charter amendments to Section 300., attached hereto as Exhibit "Ay' to be submitted to the
electorate at the special municipal election to be held in said City on Tuesday, November 7,
2000.
Submitted and Approved as to forn~
EXHIBIT 'A'
CITY ATTORNEY'S IMPARTIAL ANALYSIS
MEASURE 2: SHALL THE CHARTER OF CHULA VISTA BE AMENDED TO REPEAL
THE CURRENT UNRESTRICTED CONSECUTIVE TWO FULL TERM
LIMIT FOR THE MAYOR AND COUNCILMEMBERS AND PERMIT A
THIRD TERM WHEN THE INCUMBENT RESTRICTS CAMPAIGN
FUND RAISING TO SIX MONTHS PRIOR TO AN ELECTION AND TO
ALSO EXPAND FROM ONE YEAR TO THREE YEARS THE PERIOD
A TERMED OUT INCUMBENT MUST WAIT TO SEEK REELECTION?
This proposition would amend Article I11, Section 300.D to permit a Mayor or Councilmember to
seek a third term of office if the incumbent restricts fund raising to six months prior to an election.
Charter Section 300.D as currently written prohibits a Mayor or Councilmember from seeking a third
consecutive full term of office. A Yes vote is a vote to expand the current term limit from two full
terms to three full terms provided that the incumbent restricts fund raising to the six months before
the election. This measure also requires that a Mayor or Councilmember who has served three
consecutive full terms must wait three years prior to seeking reelection to such office, instead of the
current one year waiting requirement. This measure differs from the companion measure in that
the other term limit measure provides for unlimited consecutive terms provided the incumbent
restricts fund raising to the six months before the election. A No vote on both term limit measures
is a vote to retain the current consecutive two full term limit. In the event both term limit measures
receive a majority vote, the one with the highest affirmative vote will prevail. If neither receives a
majority vote, the current two full temq limit will remain in effect. There is no fiscal impact
associated with this measure.
CITY ATTORNEY'S IMPARTIAL ANALYSIS
MEASURE 3: SHALL THE CHARTER OF CHULA VISTA BE AMENDED TO REPEAL
THE CURRENT UNRESTRICTED CONSECUTIVE TWO FULL TERM
LIMIT FOR THE MAYOR AND COUNCILMEMBERS AND PERMIT
ADDITIONAL TERMS WHEN THE iNCUMBENT RESTRICTS
CAMPAIGN FUND RAISiNG TO SIX MONTHS PRIOR TO AN
ELECTION?
This proposition would amend Article III, Section 300.D to permit the Mayor and Councilmembers
to seek additional terms beyond the two terms of office currently authorized when the incumbent
restricts fund raising to six months prior to election. A Yes vote is a vo!e to repeal the current two
full consecutive term limit on reelection for the Mayor and Councilmembers, provided that the
incumbent restricts fund raising to six months before the election. This measure differs from the
companion measure on this ballot in that the other term limit measure permits only three terms under
similar conditions and expands the time a termed out incumbent must wait before seeking reelection.
A No vote on both term limit measures is a vote to retain the current two consecutive full term limit.
In the event both term limit measures receive a majority vote, the one with the highest affirmative
vote will prevail. If neither receives a majority vote, the current two full term limit will remain in
effect. There is no fiscal impact associated with this measure.
COUNCIL AGENDA STATEMENT
Item No.
Meeting Date 08/08/00
ITEM TITLE: Resolution of the City Council of the City of Chula Vista amending
Resolution No. 2000-276 to incorporate additional ballot measure text and
requesting the Board of Supervisors to permit the Registrar of Voters to
perform services for the conduct of the Special Municipal Election for the
City of Chula Vista to be consolidated with the statewide General Election to
be held on November 7, 2000
SUBMITTED BY: Susan Bigelow, CMC/AAE, City Clerk
The California Elections Code requires the adoption of a resolution requesting the Board of
Supervisors to (1) consolidate Chula Vista's election with the statewide election and (2) permit the
Registrar of Voters to perform certain services in conjunction with the City's election. It also
requires that the text of any measures to be included on the ballot be included in the resolution.
Adoption of the resolution will amend Resolution No. 2000-276, adopted by Council on August 1,
2000, to incorporate ballot measure text for measures concerning term limitations for the Mayor and
Councilmembers. The resolution must be submitted to the Registrar of Voters by August 11, 2000.
RECOMMENDATION: Council adopt the Resolution.
BACKGROUND: The purpose ofthe November 7, 2000 Special Municipal Election is to select a
Member of the City Council to fill Seat 3 and to submit proposed Charter Amendments to the
electorate. In order to consolidate the election with the statewide election, the Califomia Elections
Code requires the adoption of a resolution requesting the services of the Registrar of Voters and
incorporating the text of measures to be included on the ballot. On August 1,2000, Council adopted
Resolution 2000-276, which included the text of a measure to amend Charter Section 602 to
authorize the Council, upon a four-fifths vote, to appoint non-electors of the City to advisory boards
whose duties involve regional issues. The proposed resolution would amend Resolution 2000-276 to
incorporate ballot measure text for measures concerning term limitations for the Mayor and
Councilmembers.
FISCAL IMPACT: $34,400 has been budgeted in the Fiscal Year 2000/2001 budget for the
election, and it is anticipated that the amount budgeted is sufficient.
RESOLUTION 2000-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, AMENDING RESOLUTION NO.
2000-276 TO iNCORPORATE ADDITIONAL BALLOT
MEASURE TEXT AND REQUESTiNG THE BOARD OF
SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO
PERFORM SERVICES FOR THE CONDUCT OF THE SPECIAL
MUNICIPAL ELECTION FOR THE CITY OF CHULA VISTA TO
BE CONSOLIDATED WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON NOVEMBER 7, 2000
WHEREAS, the City Council of the City of Chula Vista has called an election to be held in
this City on November 7, 2000; and
WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego
authorizes the Registrar of Voters of the County of San Diego to render specified services relating to
the conduct of an election to any city or district which has by resolution requested the Board of
Supervisors to permit the Registrar to render the services, subject to requirements set forth in that
section; and
WHEREAS, a statewide election has been called to be held on the same day; and
WHEREAS, pursuant to SB 230, the Board of Supervisors has approved the consolidation of
the Chula Vista Special Municipal Election with a statewide general election to be held on the same
day; and
WHEREAS, on August 1, 2000, the City Council adopted Resolution No. 2000-276,
requesting the Board of Supervisors to permit the Registrar of Voters to perform services for the
conduct of the Special Municipal Election for the City of Chula Vista to fill City Council Seat 3 and
to submit a proposed Charter Amendment to the electorate, the text for which was specified in said
resolution; and
WHEREAS, on August 8, 2000, the City Council voted to place additional measures on the
ballot, the text for which is incorporated herein along with the text specified in Resolution No. 2000-
276.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER, AS FOLLOWS:
SECTION 1. Pursuant to above-cited provisions, the Board of Supervisors of the County of San
Diego is hereby requested to permit the Registrar of Voters to perform and render all services and
proceedings, and to procure and furnish any and all official ballots, notices, printed matter and all
supplies and equipment and paraphernalia incidental to and connected with the conduct of the
subject election of the City of Chula Vista, with the cooperation and assistance of the City Clerk of
Chula Vista, in order to properly and lawfully conduct such election.
Resolution 2000-276
Page 2
SECTION 2. The exact form of the offices to be voted upon to appear on the ballot and to be
submitted to the voters is as follows:
The election of one (1) member of the City Council of said City to fill Council Seat Number
3 for the full term of four years, commencing December 2000.
SECTION 3. Three Charter Amendment measures to be submitted to the voters and to appear on
the ballot as follows:
Shall the Charter of Chula Vista be amended to authorize, by a four-YES
fifth's vote of the Council, the appointment of non-electors of the City
of Chula Vista to advisory boards whose duties involve regional NO
issues?
Shall the Charter of Chula Vista be amended to repeal the YES
current unrestricted consecutive two-full-term limit for the
Mayor and Councilmembers and permit a third term when the NO
incumbent restricts campaign fund raising to six months prior
to an election and to also expand from one year to three years
the period a termed-out incumbent must wait to seek
reelection?
Shall the Charter of Chula Vista be amended to repeal the YES
current unrestricted consecutive two-full-term limit for the
Mayor and Councilmembers and permit additional terms when NO
the incumbent restricts campaign fund raising to six months
prior to an election?
SECTION 4. The Board of Supervisors of the County of San Diego is hereby requested to
consolidate this election with the statewide election to be held on the same day, in the same territory.
SECTION5. Pursuant to Section l0411and Section l0418 ofthe Elections Code, (a) the election
shall be held in all respects as if there were only one election; (b) only one form of ballot shall be
used; and (c) the Registrar of Voters of the County of San Diego shall canvass the returns of the
subject election as part of the canvass of the returns of the election consolidated hereby.
SECTION 6. Pursuant to Section 10410 and Section 10418 of the Elections Code within the
territories affected by this consolidation, the election precincts, polling places, voting booths and
polling hours shall, in every case, be the same, and there shall be only one set of election officers in
each of the precincts.
SECTION7. TheCountyofSanDiegoshallbereimbursedinfullfortheservicesperformedbythe
Registrar of Voters for the City of Chula Vista upon presentation of a bill therefor, and this City
agrees to indemnify and save flee and harmless the County, its officers, agents and employees from
expense or liability, including reasonable attorneys' fees, as a result of an election contest arising
after conduct of this election.
SECTION 8. The City Clerk is hereby directed to deliver forthwith certified copies of this
resolution to the Clerk of the Board of Supervisors of the County of San Diego and to the Registrar
of Voters of the County of San Diego.
Presented by Approved as to form by
Susan Bigelow Johll'
City Clerk City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8tht day of August, 2000, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Shirley Horton, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2000- was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 8th day of August, 2000.
Executed this 8th day of August, 2000.
Susan Bigelow, City Clerk
DRAFT LETTER FOR CONSIDERATION AT COUNCIL MEETING OF 8/8~00
August8,2000
The Honorable Claude A."Bud" Lewis
Mayor, City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008-7314
Re: Development of Municipal Golf Course
Dear Mayor Lewis:
Planning for a project as large as a 400-acre municipal golf course involves close coordination
with both state and federal wildlife agencies-- the same agencies that provide input into permit
processes conducted by the Army Corps of Engineers, the Environmental Protection Agency, the
California Coastal Commission, and others.
In designing a project of this magnitude, apparent impacts to 2.69 acres of riparian habitat and 8
acres of sensitive slopes-- if agreed to by the wildlife agencies and consistent with a planned
comprehensive habitat management plan --would seem to meet adequate design considerations
and biological mitigation concems.
The City of Chula Vista would like to support the spirit of the City of Carlsbad's planning
efforts, which appear to have been processed in good faith and to the satisfaction of the state and
federal wildlife agencies.
Sincerely,
Shirley Horton
Mayor