HomeMy WebLinkAboutAgenda Packet 2002/05/14 AGENDA
May 14, 2002 6:00 P.M.
CALL TO ORDER
ROLL CALL: Couneilmembers Davis, Padilla, Rindone, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
,, OATHS OF OFFICE: JESSE NAVARRO - BOARD OF ETHICS, DANIEL MUglOZ ~
ECONOMIC DEVELOPMENT COMMISSION, JOHN ACOSTA - COMMISSION
ON AGING
PRESENTATION BY MAYOR HORTON OF A PROCLAMATION TO JOHN
LIPPITT, DIRECTOR OF PUBLIC WORKS, PROCLAIMING THE WEEK OF
MAY 19, 2002 AS NATIONAL PUBLIC WORKS WEEK
CONSENT CALENDAR
(Items 1 through 6)
The Council will enact the staff recommendations regarding the following items
listed under the Consent Calendar by one motion, without discussion, unless a
Councilmember, a member of the public, or City staff requests that an 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. APPROVAL OF MINUTES of April 11 and May 7, 2002.
Staffrecommendation: Council approve the minutes.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, TO PROVIDE SECTIONS 21624, 21626, AND 21628 (POST-RETIREMENT
SURVIVOR ALLOWANCE) FOR LOCAL MISCELLANEOUS MEMBERS, AND
SECTION 21362.2 (3% @ 50 FULL FORMULA) FOR LOCAL FIRE MEMBERS
(SECOND READING AND ADOPTION)
Existing labor agreements with all miscellaneous employees and the International
Association of Fire Fighters (Local 2180) contain provisions for enhancements to their
retirement benefits to be effective July 1, 2002. This ordinance, introduced on April 23,
2002, is required to amend the City's contract with CalPERS to provide these benefits.
(Director of Human Resources)
Staffrecommendation: Council place the ordinance on second reading for adoption.
3 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE THREE-BID REQUIREMENT OF ORDINANCE NO. 2716, AND
AUTHORIZiNG MCMILLiN COMPANIES TO CONSTRUCT THE POGGI
CANYON SEWER BETWEEN PASEO RANCHERO AND EAST PALOMAR
STREET, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN THE
AGREEMENT WITH THE MCMILLIN COMPANIES, MODIFYING THE
REQUIREMENT OF THE MUNICIPAL CODE
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING VARIOUS NAMED DEVELOPERS TO CONSTRUCT ELIGIBLE
STREETS AND OTHER FACILITIES AND RECEIVE DEVELOPMENT IMPACT
FEE CREDIT OR REIMBURSEMENT FOR THE COST OF SUCH CONSTRUCTION,
AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN THE
AGREEMENTS WITH THE VARIOUS DEVELOPERS
The City Engineer has received letters from five developers requesting authorization to
construct various Development Impact Fee (DlF)-eligible facilities in return for
reimbursement and/or credit under current D1F ordinances. Current policy requires
developers to follow established procedures to obtain credit for privately financing
eligible DIF projects. Adoption of the resolutions authorizes the developers to construct
the facilities and be eligible to receive future cash reimbursement or credit against the
payment of DIF fees. According to Ordinance Nos. 2802, 2617, and 2716, the Director
of Public Works will determine the DIF credit amounts. (Director of Public Works)
Staffrecommendation: Council adopt the resolutions.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A COUNCIL POLICY FOR MEETING ROOM USE AT THE CIVIC
CENTER AND PUBLIC WORKS CENTER, AND RESCINDING COUNCIL POLICY
856-01 REGARDiNG THE USE OF MEETING ROOMS IN THE LIBRARY, AND
ESTABLISHING AN ADMINISTRATIVE POLICY REGARDING THIS USE
A formal Council policy addressing use of meeting and conference rooms at the Civic
Center and Public Works Center is needed due to the increasing number of requests to
use the facilities by outside groups, as well as some recent incidents where City property
was damaged when the facilities were being used by outside groups. In addition, an
existing Council policy regarding library meeting rooms is recommended to be rescinded
in favor of having an administrative policy that can be amended by the City Manager
and/or Library Deparmaent. (Deputy City Manager Palmer)
Staffrecommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDiNG THE FISCAL YEAR 2001/2002 CITY ATTORNEY'S BUDGET AND
THE HUMAN RESOURCES BUDGET AND APPROPRIATING FUNDS THEREFOR
(4/STHS VOTE REQUIRED)
Page 2 ~ CouncilAgenda 05/14/02
During Fiscal Year 2001/2002, the City Attorney's Office and its Litigation Division
have been involved in the defense and prosecution of an unusually high number of very
complex lawsuits and pre-litigation matters. These matters include not only the defense
of actions brought against the City, but also the unanticipated prosecution of actions
resulting in the successful recovery of funds/fines in excess of $200,000. The volume
and magnitude of such matters have not only been greater than normal, but have also
involved specialized and highly technical issues, requiring an additional expenditure of
$100,000. (City Attorney)
Staffrecommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIl, OF THE CITY OF CHULA VISTA
APPROPRIATING $850,000 FROM THE GENERAL FUND TO THE BUDGET OF
THE RISK MANAGEMENT DIVISION OF THE HUMAN RESOURCES
DEPARTMENT FOR PAYMENT OF SETTLEMENT AND RELATED EXPENSES
(4/5THS VOTE REQUIRED)
Settlement has been reached in the matter of Tuchscher vs. City of Chula Vista, Case No.
GIC 758620 - Superior Court, County of San Diego, in the amount of $850,000. In order
to finalize this settlement the City Council must approve the necessary appropriation.
(City Attorney)
Staff recommendation: Council adopt the resolution.
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.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
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 Clerkprior to the meeting.
7. CONSIDERATION OF A TENTATIVE SUBDIVISION MAP FOR SAN MIGUEL
RANCH LOT 5, CHULA VISTA TRACT NO. 02-08, INVOLVING 107 SINGLE
FAMILY LOTS ON 22.39 ACRES LOCATED IN THE SAN MIGUEL ROAD AND
PROCTOR VALLEY ROAD (PCS 02-08 - PARDEE CONSTRUCTION) (Director of
Planning and Building)
Staff recommendation: Council open the public hearing and continue to May 28, 2002.
Page 3 - Council Agenda 05/14/02
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 individuall~ by the Council, and staff,recommendations
may, in certain cases, be presented in the alternative. If you wish to speak on any
item, please J~ll out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
8. CONSDERATION OF ADOPTION OF A RESOLUTION APPROVING AN
AMENDMENT TO THE RESTATED AMERICAN MEDICAL RESPONSE
AGREEMENT FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE
SERVICE
The City entered into an agreement with American Medical Response (AMR) for basic
and advanced life support ambulance service on November 1, 1998. Council approved
three extensions of the agreement in order to explore the possibility of renewing the
agreement for an additional three years. Staff has since successfully negotiated a three-
year extension of this agreement with AMP,. (Fire Chief)
Staffrecommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AMENDMENT TO THE RESTATED AMERICAN MEDICAL
RESPONSE AGREEMENT FOR BASIC AND ADVANCED LIFE SUPPORT
AMBULANCE SERVICE
9. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING A DECISION
TO NOT EXTEND THE AGREEMENT WITH ORGANIC RECYCLING WEST FOR
COMPOSTING SERVICES, AND APPROVING A FRANCHISE
IMPLEMENTATION AGREEMENT WITH PACIFIC WASTE SERVICES FOR THE
USE OF GREEN WASTE AS ALTERNATIVE DAILY COVER (CONTINUED
FROM APRIL 23, 2002)
In 1993, Pacific Waste Services began to collect green waste from Chula Vista generators
as part of the City's recycling program. At that time, Laidlaw contracted directly with
Organic Recycling West to process and market the material collected in Chula Vista. In
May 1997, the City entered into a 60-month agreement with Organic Recycling West,
with two optional extension terms of two years each. Pacific Waste has continued to
deliver the City's green waste to Organic Recycling West since they acquired the City's
solid waste and recycling fi'anchise agreement. On April 23, 2002 Council directed staff
to work with Organic Recycling West and Pacific Waste Services to clarify and address
the issues regarding the City's diversion of green waste and return to Council. Staff met
with both companies to identify issues and develop alternatives that could potentially
meet everyone's needs. (Special Operations Manager)
Page 4 - Council Agenda 05/14/02
Staffrecommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A DECISION TO NOT EXTEND THE AGREEMENT WITH
ORGANIC RECYCLING WEST FOR COMPOSTING SERVICES, AND
APPROVING A FRANCHISE IMPLEMENTATION AGREEMENT WITH
PACIFIC WASTE SERVICES FOR THE USE OF GREEN WASTE AS
ALTERNATIVE DAILY COVER
10. CONSIDERATION OF ACCEPTANCE OF A REPORT REGARDING THE CHULA
VISTA PUBLIC LIBRARY STRATEGIC PLAN 2002-2006
The Chula Vista Public Library has completed the development of a strategic plan, which
provides a blueprint for library services over the next five years. The plan identifies
strategic initiatives, library service responses, and specific goals and objectives. (Deputy
City Manager Palmer)
Staffrecommendation: Council accept the report.
11. CONSIDERATION OF APPROVAL OF A CITY-INITIATED PROPOSAL TO
AMEND THE GROWTH MANAGEMENT ORDINANCE; THE GROWTH
MANAGEMENT PROGRAM; AND THE THRESHOLD STANDARDS AND
GROWTH MANAGEMENT OVERSIGHT COMMISSION POLICY TO ENACT
CORRECTED THRESHOLD STANDARDS FOR POLICE AND FIRE/EMERGENCY
MEDICAL SERVICES, AND A REVISED LIBRARIES THRESHOLD STANDARD
At the May 31, 2001 joint meeting of the Growth Management Oversight Commission
(GMOC), Planning Commission, and City Council, the GMOC presented the 2000
Growth Management Annual Report, which calls for amendments to the threshold
standards for Police, Fire/Emergency Medical Services, and Libraries. The Planning
Commission and City Council unanimously accepted the report and directed staff to
prepare the proposed changes in the threshold standards for formal adoption. (Deputy
City Manager/Library Director, Police Chief, Fire Chief, Director of Planning and
Building)
Staff recommendation: Council place the following ordinances on first reading and adopt
the following resolutions:
A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHI, JLA VISTA
AMENDING SECTION 19.09.040 D OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO GROWTH MANAGEMENT QUALITY OF LIFE
THRESHOLD STANDARDS FOR LIBRARY THRESHOLD STANDARDS
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SECTIONS 19.09.040 A AND B OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO GROWTH MANAGEMENT QUALITY
OF LIFE THRESHOLD STANDARDS FOR POLICE AND
FIRE/EMERGENCY MEDICAL SERVICES THRESHOLD STANDARDS
Page 5 - Council Agenda 05/14/02
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SECTION 3.6.1 OF THE CITY'S GROWTH MANAGEMENT
PROGRAM, AND THE LIBRARY THRESHOLD STANDARD OF THE
CITY'S THRESHOLD STANDARDS AND GROWTH MANAGEMENT
OVERSIGHT COMMISSION POLICY
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SECTIONS 3.3.1 A AND B, AND 3.4.1 OF THE CITY'S
GROWTH MANAGEMENT PROGRAM, THE POLICE AND
FIRE/EMERGENCY MEDICAL SERVICES THRESHOLD STANDARDS OF
THE CITY'S THRESHOLD STANDARDS, AND THE GROWTH
MANAGEMENT OVERSIGHT COMMISSION POLICY
12. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING THE
CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR 2002/2003 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAMS, AND AUTHORIZING TRANSMITTAL OF
THE CONSOLIDATED ANNUAL PLAN TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD)
The City of Chula Vista is eligible to receive $2,085,000 in CDBG funds and $935,000 in
HOME funds from the U.S. Department of Housing and Urban Development for
2002/2003. Combining both CDBG and HOME entitlements, the City will be able to
invest into the community a total of $3,020,000. (Director of Community Development)
Staffrecommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR
2002/2003 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND
HOME INVESTMENT PARTNERSHIP (HOME) PROGRAMS, AND
AUTHORIZING TRANSMITTAL OF THE CONSOLIDATED ANNUAL
PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
B. Report on Assembly Bill 2160.
14. MAYOR'S REPORTS
A. Recommendation fi.om the Chula Vista Chamber of Commerce for ratification of
appointment to the Economic Development Commission - Kevin Carlson.
15. COUNCIL COMMENTS
Page 6 - Council Agenda 05/14/02
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Clerk's office in
accordance with the Ralph M. Brown Act (Government Code 54957. 7).
15. CONFERENCE WITH LEGAL COUNSEL REGARDiNG EXISTiNG LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
· San Diego Metropolitan Transit Development Board v. Wells, et al (Case No.
GIC 785925 - San Diego Superior Court)
16. CONFERENCE WITH LEGAL COUNSEL REGARDiNG SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
· One case
ADJOURNMENT to a Regular Meeting of May 28, 2002, at 6:00 p.m. in the Council
Chambers, and thence to an Adjourned Regular Meeting on May 30, 2002
at 4:00 p.m. in the Assembly Room of the Corporation Yard at 1800
Maxwell Road.
Page 7 - Council Agenda 05/14/02
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 5/14/02
ITEM TITLE: A) Resolution waiving the three bid requirement of
Ordinance No. 2716 and authorizing McMillin Companies to construct the
Poggi Canyon Sewer between Paseo Ranchero and East Palomar Street
and authorizing the Public Works Director to sign the agreement with the
McMillin Companies modifying the requirement of the Municipal Code.
B) Resolution authorizing various named developers to
construct eligible streets and other facilities and receive Development
Impact Fee credit or reimbursement for the cost of such construction and
authorizing the Public Works Director to sign the agreements with the
various developers.
/
SUBMITTED BY: Director &Public Works (~
/
REVIEWED BY: City Manage~f"og, (4/5ths Vote: Yes No X )
The City Engineer has received letters from five developers requesting authorization to construct
various Development Impact Fee ("DIF') - eligible facilities in return for reimbursement and/or
credit under current Development Impact Fee Ordinances. Current policy requires developers to
follow established procedures to obtain credit for privately financing eligible DIF projects.
Tonight's action authorizes the developers to construct the facilities and be eligible to receive
future cash reimbursement or credit against the payment of D1F fees. According to Ordinance
Nos. 2802, 2617, and 2716, the Director of Public Works will determine the DIF credit amounts.
RECOMMENDATION: That the Council adopt:
A. The resolution waiving the three bid requirement of Ordinance No. 2716 for the
construction of the Poggi Canyon Sewer between Paseo Ranchero and East Palomar
Street and authorizing the Public Works Director to sign the agreement with the
McMillin Companies modifying the requirement of the Municipal Code.
B. The resolution authorizing developers to construct eligible streets and other facilities
identified on Attachment A and receive Development Impact Fee credit or
reimbursement for the cost of such construction and authorizing the Public Works
Director to sign the agreements.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
Page 2, Item
Meeting Date 5/14/02
DISCUSSION:
Background:
The City of Chula Vista has established a v~iety of fees that reflect future development's fair
share of public facilities and capital improvements required to meet the demands of future homes
and businesses when they are constructed. To facilitate and coordinate the reimbursement of
these capital improvements, City staff has implemented the Transportation Development Impact
Fee directive and procedures policy. The procedures identify the following process for
reimbursement and/or credit to developers and for determining which elements of such projects
are eligible for reimbursement:
1. Initial City Council Approval.
To confirm the eligibility of a particular TDIF/DIF project for reimbursement/credits, the
developer must request City Council approval of project's eligibility prior to the start of
actual construction of the particular project. The procedure for obtaining such approval
includes the following:
a. Submit request no sooner than when the improvement, grading and/or
landscaping plans are submitted for third plan check by the City.
b. Direct request to the Director of Public Works accompanied by a detailed project
description including preliminary and cost estimate.
c. Compare the preliminary cost estimate to the most recent cost estimate used in the
TDIF/DIF program report in effect at the time of developer's request.
The City Council may approve the developer's request contingent on the developer
satisfying the following requirements:
A. Prepare plans and specifications for approval by the City;
B. Secure and dedicate and fight-of-way required for the project;
C. Secure all required permits and environmental clearances necessary for the
project;
D. Provide performance bonds; and
E. Pay all City fees and costs.
2. Bidding Process
The goal of the bidding process is to ensure an open, public process that secures the
lowest competitive price for construction of the public improvement. Bidders are
required to present a bid that reflects the quantities, unit prices and extensions of cost for
each element of the work.
D1F Credit Procedure:
Developers are required to comply with the procedural requirements of the various ordinances in
order to receive DIF credit. The credits assigned to the developer can be used in lieu of the DIF
fees due at building permit issuance. Developers must provide the following information before
DIF credit is determined and assigned by the Director of Public Works:
Page 3, Item ~
Meeting Date 5/14/02
1. Provide a project description along with cost estimates or bids
2. Submit and receive approval of grading and improvement plans.
3. Provide performance bonds.
4. Provide and secure easements and rights-of-way for the project.
5. Provide hll necessary permits and environmental clearances for construction of the
projects.
6. Pay all required permit and plan check fees to the City.
7. Secure at least three (3) qualified bids for the work to be done and award the contract to
the lowest bidder.
8. When all work is complete to the satisfaction of the City, the developer shall submit
verification of payments made for the construction of the project to determine eligibility
of credit or reimbursement.
Additional procedures and guidelines govern the construction phase, change orders,
determination of reimbursement levels, final determination of eligible costs, and hard and soft
costs.
The following impact fee programs and their corresponding improvements are the subject of the
various developer requests for authorization to construct the eligible facilities: (See Attachment
^)
1. Poggi Canyon Sewer Basin DIF
On December 9, 1997, the Poggi Canyon Sewer Basin Development Impact Fee was established
with adoption of Ordinance No. 2716. The Poggi Canyon Basin Gravity Sewer Basin Plan
(Report) was completed in July 1997 by Wilson Engineering. The purpose of this fee is to
finance the construction of a trunk sewer in the Poggi Canyon Sewer Basin from a proposed
regional trunk sewer west of 1-805 along Olympic Parkway to the boundary of the Eastlake
development. All new development within the Poggi Canyon Sewer Basin is charged the fee
before pulling a building permit and connecting to the sewer system. The funds are used to 1)
pay for the construction of the sewer system or 2) reimburse a developer for constructing the
sewer.
According to Ordinance No. 2716, a developer may request credit or reimbursement for the
construction of all or a portion of the public improvement. The following conditions have been
met by the developers as required by Ordinance No. 2716 and City's procedures and guidelines
in order for construction and DIF reimbursement or credit to be authorized.
,, The improvement plans and specifications have been prepared for approval by fhe
City, along with a preliminary cost estimate that itemizes costs of construction. (At
this time, the permits to construct these portions of the Poggi Canyon sewer and
storm drain have been issued.)
· Easements and right-of-way required for the project secured and dedicated to the City
· All required permits and environmental clearances secured
Page 4, Item 3
Meeting Date 5/14/02
· Performance bonds in form and amount provided to the City
· All City fees and costs paid
A. Sewer Reach: La Media Road to Paseo Ranchero (2VlcMillin)
On August 28, 2000, Robert A. Pletcher, Vice-President of the Corky McMillin Companies
("McMillin") sent a letter to the City requesting approval to construct a portion of the Poggi
Canyon trunk sewer as well as reimbursement for D1F-eligible components (see Exhibit 1). This
portion of the Poggi Canyon trunk sewer is located along Olympic Parkway between La Media
Road and Paseo Ranchero Street.
The Otay Ranch Company ("Otay Ranch, L.P.") designed and conducted the bid process for the
project and McMillin contracted out the work for construction. Due to timing constraints,
McMillin and Otay Ranch, L.P. entered into an agreement to construct separate portions of the
sewer improvements. In this case, McMillin constructed the sewer improvements from Paseo
Ranchero to La Media Road.
The improvement plans for the sewer and storm drain work associated with Olympic Parkway
Phase 2 were subject to public bid by Otay Ranch, L.P. The public bid process was used so that
McMillin could seek reimbursement from the bond proceeds of Community Facilities District
(CFD) 97-03. The bids were opened at the offices of Otay Ranch, L.P. on May 25, 2000. Five
firms obtained bid packages. However, according to the bid report, only Cass Construction and
T. C. Construction submitted bids. Since only two companies submitted bids, McMillin requests
a waiver from the three-bid requirement of Ordinance No. 2716. As discussed in the letter from
Roy Peace, Senior Vice-President, Otay Ranch, L.P. made every effort to obtain multiple bids
(see Exhibit 2) McMillin contracted with the apparent low bidder for the entire roadway
segment. In this case, T. C. Construction submitted the lowest overall bid as well as the lowest
bid for the sewer portion only. The construction contract was signed on June 28, 2000
McMillin may request reimbursement following the procedures established by the Acquisition
and Financing Agreement for CFD 97-03. Once a substantial portion of the project is completed
as approved and certified by the Director of Public Works, the City may pay the developer
progress payments or reimbursements not to exceed 75% of the estimated cost of the
construction completed to date. An equivalent amount of credit may also be applied to the
Development Impact Fees for any future building permits issued to the developer.
COST COMPARISON AND ELIGIBLE CREDIT
PIPE SIZE LENGTH CONSTRUCTION COST
Estimate from Poggi Canyon
Basin Sewer Plan Report 18-inch diameter 6000 LF $690,000.00
Contract Cost 18-inch diameter 5525Li0 $385,786.00
Page 5, Item ~
Meeting Date 5/14/02
When all work is completed to the satisfaction of the City, the developer shall submit verification
of payments for construction of the project. An audit by the City or its representative is required
per CFD 97-03 and/or the Poggi Canyon Sewer DIF credit procedures to determine eligible
reimbursements or credits. The Director of Public Works will make the final determination of
expenditures that are eligible based on actual final costs.
B. Sewer Reach: Brandywine Avenue to Pasco Ranchero (Otay Ranch Co.)
The City Engineer received a letter dated October 19, 2001 from The Otay Ranch Company
(ORC) requesting Development Impact Fee (DIF) Credit for the Poggi Canyon Sewer Line
constructed from Brandywine Avenue to Paseo Ranchero, Reach 214 to Reach 218 (see Exhibit
3).
The improvement plans for the sewer and storm drain work associated with Olympic Parkway
Phase 1 & 2 (Brandywine to La Media) were subject to a public bid that was handled by ORC.
This public bid process was also used by McMillin to expedite the processing and reimbursement
from the bond proceeds of their Community Facilities District No. 97-03 (CFD No. 97-3), while
ORC has obtained their reimbursement from Communities Facilities District No. 99-1 (CFD No.
99-1). The bid opening was held at the office of ORC on June 16, 1999. Six qualified firms
obtained bid packages (Attachment "C"). However, according to the bid report (Attachment
"D"), only Cass Construction, T. C. Construction, and Biotech Pipeline submitted bids.
Both ORC and McMillin contracted with the low bidder for the entire roadway segment
(Oleander to East Palomar). In this case, Cass Construction submitted the lowest overall bid as
well as the lowest bid for the sewer portion only. The Construction Contract was signed on July
16, 1999 between ORC and Cass Construction.
COST COMPARISON AND ELIGIBLE CREDIT
PIPE SIZE LENGTH CONSTRUCTION COST
1997 Plan Cost Estimate
Estimate from Poggi Canyon
Basin Sewer Plan Report 18-inchdiameter 9,000LF $1,035,000.00
From Reach 214 to Reach
218
Actual Eligible Contract
Cost
Trunk Sewer 18-inch diameter 8,750 LF $ 423,062.50
Change Order #35/11/00 18-inch diameter 48.35 LF $ 6,478.90
Manholes N/A 24 EACH $ 77,520.00
Adjust Manholes N/A 24 EACH $ 7,200.00
Remove Existing Sewer N/A Lump $ 2,000.00
Smn
Soft Costs~~ ~ $$ 574,338.4058'077'00
Total Contract Cost ~
Page 6, Item '~
Meeting Date 5/14/02
2. Salt Creek Sewer Basin D1F
In December 1994, the Salt Creek Sewer Basin Development Impact Fee was established with
adoption of Ordinance No. 2617. The Salt Creek Basin Gravity Sewer Analysis ("Report") was
completed in November 1994 by Wilson Engineering. Thc purpose of this fee is to finance the
construction of a trunk sewer in thc Salt Creek Sewer Basin. All new development within this
basin is charged the fee before connecting to the sewer system and thc funds are used to 1) pay
for thc construction of sewers or 2) reimburse a developer for constructing thc sewer.
On September 27, 2000, Bill McKibbin of The Eastlake Company ("Eastlake") sent a letter to
thc City requesting approval for the construction of a portion of the Salt Creek Trunk Sewer
between Clubhouse and Creckside as well as reimbursement for thc DIF eligible components
(see Exhibit 4). This portion of the Salt Creek Trunk Sewer is along Creekside between
Clubhouse and Creekside. According to Ordinance No.2617, thc developer may request credit or
reimbursement for the construction of the public improvement facilities within their
development.
The improvement plans for thc sewer facilities were subject to public bid by Eastlake. A pre-bid
meeting was held on Wcdncsday, May26, 1999. Sealed proposals were received at the Eastlake
offices until May 28, 1999 at which time they were opened and read. Three companies
submitted bids for the project - T. C. Construction, Basile Construction and Cass Construction.
Based on the lowest takeoff price, Cass Construction submitted the lowest bid of $957,913.85.
A contract was entered into between Eastlake and Cass Construction on June 8, 1999.
The portion constructed by Eastlake is included within Reach 2 of the Salt Creek Gravity Sewer
Basin Analysis as discussed in the Report. According to the Report, thc cost distribution for
Reach 2 by Eastlakc was $t43,865.00. The actual contract costs for this portion of the Salt Creek
Trunk Sewer total $232,200.30. According to the current ordinance, thc developer can receive up
to 75% of costs as D1F credits upon City Council authorization. Therefore, Eastlake is eligible to
receive DIF credits of up to $223,983.66 x 0.75 -- $167,987.75 at this time, which does not
include engineering design or soils engineering.
3. Ota¥ Ranch Pedestrian Bridge DI]3'
In January 1999, this fee was established with adoption of Ordinance No. 2767. The purpose of
the fee is to finance the construction of pedestrian bridge improvements between Otay Ranch
Villages 1 and 5. All new development within the area generally surrounded by Telegraph
Canyon Road, Otay Lakes Road, Paseo Ranchero, SR 125, and Olympic Parkway is subject to
the fee and the fee revenues are used to 1) pay for the construction of the bridge improvements or
2) reimburse a developer for constructing the improvements.
On July 16, 2001, Terri Ibarra of McMillin sent a letter to the City requesting approval for the
construction of the Phase 2 Pedestrian Bridge at Otay Ranch SPA I (see Exhibit 5). According to
Ordinance No.2767, the developer may request credit or reimbursement for the eligible cost of
constructing the pedestrian bridge improvements. The letter identified the three bids received
together with the lowest bid of $674,066.75.
When all work is completed to the satisfaction of the City, the developer shall submit verification
of payments for construction of the project. An audit by the City is required to determine
Page 7, Item --~
Meeting Date 5/14/02
reimbursements or credits. The Director of Public Works will make the final determination of
expenditures that are eligible based on actual final costs.
4. Transportation DIF (TDIie)
This fee was first established in 1986 to fund traffic system improvements in Eastlake I. The fee
was expanded in January 1988 to include future new development in the Eastern Area of the city
east of 1-805 as identified in the report entitled The Interim Eastern Area Development Impact
Fees for Streets ("TD[F Report") dated December 1987. The purpose of the fee is to finance the
construction of traffic and transportation improvements in support of future development as
established by Chula Vista Municipal Code Sections 3.54.010, et seq. All new developments
within the Eastern Territories pay the fee and the funds are to used to 1) pay for the construction
of the traffic and transportation improvements or 2) reimburse a developer for constructing the
improvements. According to Chula Vista Municipal Code Sections 3.54.010, et seq., the
developer may request credit or reimbursement for the eligible cost of constructing the street
improvements. According to the Municipal Code, the developer can receive up to 75% of costs
as DIF credits upon City Council authorization. The last comprehensive update of the TDIF
Report was completed by Project Design Constdtants as The Interim Eastern Area Development
Impact Fees for Streets ("TDIF Report Update") dated October 25, 1999.
When all work is completed to the satisfaction of the City, the developer shall submit verification
of payments for construction of the project. An audit by the City is required to determine
reimbursements or credits. The Director of Public Works will make the final determination of
expenditures that are eligible based on actual final costs.
The following is a description of projects for which approval has been requested:
A. Proctor Valley Road
Pacific Bay Homes has requested approval to construct Proctor Valley Road from Hunte
Parkway eastward to the entrance to Neighborhood No. 9 in Rolling Hills Ranch that is project
no. 59 in the TDIF Report Update (see Exhibit 6).
B. Mount Miguel Road
On February 27, 2001, Stephen Hester of Trimark Pacific Homes sent a letter to the City
requesting approval for the construction of TDIF eligible streets within CFD 2001-01 (see
Exhibit 7). The request included Mount Miguel Road that is project no. 47 in the TDIF Report
Update.
C. East Palomar Street
On December 5, 2001, Otay Ranch, L.P. addressed a letter to the City requesting approval for the
construction of East Palomar Street (Village One West portion) from the Sunbow boundary to
the westerly boundary of Pasco Ranchero that is project no. 26 in the TDIF Report Update (see
Exhibit 8).
3-7
Page 8, Item -~
Meeting Date 5/14/02
D. Olympic Parkway
Eastlake has requested authorization to construct Olympic Parkway from Hunte Parkway to SR
125 that is project 22 and a portion of project 24b in the TDIF Report Update (see Exhibit 9).
McMillin has requested authorization to grade Olympic Parkway through the McMillin property
known as CVT 98-04 and construct improvements from La Media Road to East Palomar Street
(see Exhibit 10).
E. La Media Road (Phase II)
McMillin has requested authorization to grade and construct improvements for La Media Road
from East Palomar Street to Olympic Parkway (see Exhibit 11).
F. Otav Lakes Road Widening
McMillin has requested authorization to construct improvements for the widening of Otay Lakes
Road at the entrance to Otay Ranch SPA I (see Exhibit 12).
G. Various Traffic Signals
McMillin, Eastlake, and Pacific Bay Homes have each requested authorization to construct the
following TDIF-eligible traffic signals that are contained in project no. 63 in the TDIF Report
Update (see Exhibits 13, 14, and 15)
· Santa Cora Ave. @ East Palomar St.
· La Media Rd. ~ East Palomar St.
· Htmte Parkway ~ Oaksprings Dr.
· Hunte Parkway ~ King Creek Way
· Hunte Parkway ~ Otay Lakes Road
· Lane Ave. ~ Otay Lakes Road
· Lane Ave. ~ Fenton Street
Developer Agreements
Pursuant to the respective Ordinances, developers have executed agreements to construct DIF
facilities as outlined below. Staff recommends Council authorize the Director of Public Works
to sign said agreements.
DIF Facility Developer
Poggi Sewer DIF La Media Road to Paseo Ranchero (Reach 219) McMillin
Pedestrian Bridge La Media Pedestrian Overerossing McMillin
DIF
Salt Creek Sewer Clubhouse Drive to Creekside
DIF
Poggi Sewer DIF Brandywine Ave. to Paseo Ranchero (Reach 214- Otay Ranch
218)
Page 9, Item -~
Meeting Date 5/14/02
Environmental Evaluation:
The City's Environmental Review Coordinator has reviewed thc proposed activity for
compliance with thc California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA guidelines;
therefore, pursuant to Section 15060 ( c ) (3)of the State CEQA Guidelines the activity is not
subject to CEQA. Thus, no environmental review is necessary.
FISCAL IMPACT: The total estimate of all D]F projects listed above is $30,152,000. The
individual project totals are described above and listed in Table A. Actual credit or
reimbursement will be determined by the Director of Public Works and will bc based on actual
final costs. There is no impact to the City's General Fund.
Attachment A: Table A, List of Developers and DIF Facilities
Exhibit I Letter to Clifford Swanson from Robert Pletchcr dated August 28, 2000.
Exhibit 2 Letter to Amy Partosan from Roy Peace dated May 17,2001.
Exhibit 3 Letter to Clifford Swanson from Kent Aden dated October 19, 2001.
Exhibit 4 Letter to Cliff Swanson from Bill McKibbin dated September 27, 2000.
Exhibit 5 Letter to Clifford Swanson from Tcrri lbarra dated July 16, 2001.
Exhibit 6 Letter to Cliff Swanson from Liz Jackson dated June 5, 2001.
Exhibit 7 Letter to Dave Rowlands from Stephen Hester dated February 27, 2001.
Exhibit 8 Letter to CliffSwanson from Mora de Murguia dated December 5, 2001.
Exhibit 9 Letter to CliffSwanson from Bill McKibbin dated March 13, 2002.
Exhibit 10 Letter to Clifford Swanson from Robert Pletcher dated January 26, 2000.
Exhibit 11 Letter to Clifford Swanson from Robert Pletcher dated January 26, 2000.
Exhibit 12 Letter to Clifford Swanson from Terri Ibarra dated February 20, 2002.
Exhibit 13 Letter to Clifford Swanson from Frank Zaidlc dated June 26, 2001.
Exhibit 14 Letter to Tom Bandy (Muni£mancial) dated December 1 I, 2001.
Exhibit 15 Letter to Clifford Swanson from Liz Jackson dated March 13, 2002.
Attachment B - Developer Agreements
JSEngineerLAGENDA~DIFauthorizationAGENDA STATEMENT 5~14-02 v-2.doc
FEB 21 '02 00:10 1'0-918584671346 rROH-
· T-852 P. 02/04 F-568
The orky McMillin Companies
August 28, 2000
Mr. Clifford L. Swamon
Deputy Public Works Director/City Engino:r
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
RE: McMillin Otay Ranch gPA I, Phase 1
Poggi Canyon Sewer D.LF. Credit Application
Dear Mr. Swanson,
Attached, please find the documentation of construction and staking confracts for thc
~ tnmk sew~r from La M~lla Road to Paseo Rancher-
~ "'_.*,o'"'~'r.i'.~: m lmor~-orrespondence,.~ve.had requ~t or
construcung omer po~ons of the trunk sewer, but wer~ unsure at the lime whether we
~o°~u~d¢i~~_ ~vtr~ting at=po.r, or p~rrnanent sew. line. We hereby request CRv
D I F elm xor consm~cttun of the trunk sewer, as well
In addition, this facility is eligible for reimbursement under the 97-03 Community
Facilities Dis~ct. Upon substantial complelion, we will reqncst reimbtmtement trader thc
~r~;~dures e~tablished by the Acquisition and Financing Agreement for the referenced
The improvement plans for OlYmpic Parkway Phase 2 were subject to public bid by the
Otay Ranch Company. We contracted with thc apparent low bidder that resulted from the
bidding process for the entire ro~lway s=gment.
Thc costs for the referenced portion of the PogEi Canyon Trunk Sewer total $ 390,386 as
follows:
Hard Costs- $ 385,786
goi~ Cost~- $ 4,600
Pursuant to the current ordinance, we hereby request that D.I.F. credits in the amount of
$292,7~9.$0 be approved. Tkis represents 73% of thc cost amounts reference
Exhibit 1
· FEB 21 '02 09:10 T0-918584671346FROH- T-852 P.03/04 F-568
If you have any particular questions or re, qu/rc additional information, please contact mc
directly at 336-3672.
Sincerely,
M~~mt
Robe~ ^. Pl~t~h~r
Vice-President
W/o Attachments
ce: Donna Snyder (w/o ^tt~.~nents)
Tom Adler (w/o Attachments)
MAR, 13,2002 ll:30AM THE OTAY RANCH CO NO. 4987 P, 2
City of Chula Vis~ / Engi~ Dep~m~e~t
276FounhA~ue THE OTAY I~ANCH COMPANY
Ch~J~ V',~t~, Cal~o~ 91910
P.e: Public Bid Proc~s
'~lympic P~lo~y Pl~so 2 & Vill~g~ ~ .~s~ psJ _~,~,~ $~-~et Storm Dm~ 8: Sew~ l. mp~v~mm~~ pm~ec~
c~.
~. ~ bid ~ ~ ~ up, ~ c~ ~ ~e b~ M~ ~ ~ ~ ~ a~ of~ ~,
~y 9, 2000 ~ ~ bM ~ oc~d ~ ~y ~, 2000.
Ciu of ~ ~.
Ple~e feel ~ to co~t ci~ M~ ~m ~ m~=Mffyou ~ve ~y ~o~.
~ OTAY ~ CO~
S~or V~e ~i~t
Mm d~
04/12/02 FRI 09:02 FAX 619 691 5171 CHULA VISTA ENGINEERING [~002
Or, mba' 1~, 2001 'r~r .0iAY m,,.b~c ~l CO~'AN",'
Mr. Clifford L. Swanson
D~' Public Wod~ Director/City Engineer
CITY OF CIiULA VESTA
276 Fomlh Avcnue
Chula Vista, CA 91910
RE: OTAY RA_~CH SPA I. OLYMPIC PARXWAY - PHASE I
POGGI CAICYON SLOWER DIF CREDIT APPLICATION
Dear Mr. Swsnson:
Ag~ched, pla~sc find the doCum~tion ~la~d to the consU~tion conll'act~ for
Parkway. We are h~reby r~qucsling City Co~acil approval for Pog~
eligible components of ~h,, Poggi Canyon mml~ s~r tl~ has bean cons~mcmi.
This portion of the uank ~war has b~n ~'ou~h thc audit process by ~he City and McGill
Mmin Self, I~c. (MMS) for Communigcs Fa~!l_ifi~ Disiri~ No. 99-1 (t~-'l~ No. 99-1). The
Or~y P,~w.h Company has r~c,-ived r~imhu~ement from t~e ClrD No. 99-1 up ~o 75 % of thc
to~l consLrucilon cost. Upoa City acccptance of this project, w,' will rcqu~t r~imburscmen~
(25% Rc~aincd Increment) ~ndcr the procedures established by thc Acquisilion and Financing
Agr~mcnt for th~ CFD No. 9~-!.
Olympic Parkwsy Phase I was subject ~o the public bid process and was completed by
O~ay Ranch Company. Wc have contract'cd wiflt ~e lowest bidder, Cs.~s Co~tmction, which
r~sult~d from the biddin~ pro,cas for th~ ~e roadway se~m~t (Brandy~in~ to E~st
Palomar).
Thc costs t-or the r-'ferenced portion of the Pog~i Canyon Trunk Scwcr t~r~l $~74,338.40 '
as follows:
Hard Costs $ $1~,2~1.40
Soft Co~ $ $1~,077.00
Pursuan~ to the current Ordinance No. 2716, we hereby r~quest that DIt~ ~lit$ in
amount of $ ~30,7~.l~0 be approved. This rcp~ts 7~% of thc cost araotmls
above The me~ehan! builders will be able !o r~civc ~cdit for these fe~, upon issusnce of
the building permit.
Exhibit 3
04/12/02 FRI 09:02 FAX 619 691 5171 CHULA VISTA ENGINEERING [~003
Mr. Clifford L. Swanson
Depu~ Public Works Director/City En~in~r
CITY OF CHULA VISTA
October If), 2001
Page 2
If you havz any p~tieular quesfiofie or r~quire ~kliliona! infom~tion, pl~ c~t ~
dirtily at (619) 234-4050.
~i~ely,
~ OTAY ~CH CO~
Ex~ag~ Vice ~id~t
September 27, 2000
Mr. CliffSwanson, City Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Subject: Trunk Sewer Reimbursemant
Dear Cliff,
Please allow this letter to serve as our formal mquast for reimbursement for the consmaction of the Salt
Creek Trank Sewer through portions of the Easflake Trails South Pro eet to Olympic Parkway. These
improvements had been bonded as part of the Eastlake Trails project and installation is now complete.
Enclosed please fin the following documanta for your review in establishing reimbursement.
1. Detailed Summary Sheet of Costs
2. Bid Comparison Spread Sheet
3. Copy of Bids
4. Copy of contract awarded to lowest bidder.
5. Payment Invoices and Lien Releases
6. Copy of Bond securing improvements
Thank you for your assistance. Please let me know if any additional information or backup is needed.
Sincerely,
THE EA.STLAKE COMPANY
Bill McKibbin
Assistant Project Manager
Exhibit 4
Via Messenger
July 16, 2001
Mr. Clifford L. Swanson
Deputy Public Works Director/City Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: McMillin Otay Ranch SPA I
Phase 2 Pedestrian Bridge
DIF REIMBURSEMENT REQUEST
Dear Mr. Swanson,
McMillin has completed the bidding process and has awarded the contract for the
construction of the Phase 2 Pedestrian Bridge at Otay Ranch SPA I. This project
is eligible for Development Impact Fee (DIF) reimbursement.
I have enclosed a tabulation detailing the bids resulting from our public bid of the
project. In addition, a copy of the letter to proceed and the awarded contract
(Hazard Construction) is included. Please note that the total for the construction
of the Phase 2 Pedestrian Bridge amounts to $674,066.75.
Please contact me directly at 619-336-3167 is you have any questions.
Respectfully yours,
Terri Ibarra
Special Districts Coordinator
Enclosures
cc: r ,_M Millin w/o, encl.
Alex AI-Agha, City o{ Criula ~/~;~'~i';'~ '~'
Tom Adler, City of Chula Vista w/o encl.
a& Exhibit 5
McMillln Realty McMillin Mortgage McMi]lin I~nd Development McMillin Homes McMillin Commercia
CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITY, CA 91950 TEL (619) 477-411 ? FAX (619) 336 3112 ww~v mc~r
FEB 28 '02 1G:55 FR PRCiFIC BAY HOMES,S.DG19 656 430G TO 1858467134G P.E~3x23
HOMES
June 5, 2001
Mr. CliffSwanson
City Engiaeer
CitY of Chula Vista
276 Fourfia Avenue
Chula Vista, CA 92010
Subject: Roli~g Hills Ranch DIF Recovery Applioatiun
Dear Cliff:
As you know, Rolling Hills Ranch - Phase 2A is under construction.
Per City Ordinance No. 2251, Section 4 and amended Ordinances 2289 anti 2850 we
would like to request that the following transportation facility within Rolling Hills Ranch
be authorized for reimbursement:
PROCTOR VALLEY ROAD ONSITE - from Hunte Parkway to ~e entry to
Neighborhood 9, reaches 3 and 4. (Project #$9).
The City has approved and signed all construction plmas. These plans are:
· Gradinz
00022-01 to 00022-10
Approved 10/24/00
· Improvement
Reach 3:00026-01 to 00026-10
Approved 2/13/01
Reach ~-: 00027-01 to 00027-10
Approved 5/1/01
· Landscape
00138-01 to 00138-30
Approved 3/14/01
'vVe would like to get ti'ds process imitiated expeditiously and have a~ached the cost
estimate for the entire roadway as well as a DIF eligible estimate. Bi~s will be sent under
separate cover.
9 Exhibit 6
2300 Bos;w:l{ P, oad. Suite !09. Ch,J;~ %'i51a, CA 9tot~
FEB 28 '02 16:55 FR PACIFIC BAY HOMES,S.D619 656 4386 TO 18584691346 P.04×23
Mr. CliffSwanson
June 5, 2001
Page 2
Please let me know what additional information you require to prepare your report for
council approval and I will be happy to provide it to your staff.
Sincerely,
, f....r / .
S~n~e President/Division M~agcr
Trimark
Pact[Sc Homes, L.P.
February 27, 2001
Mr. Dave Rowlands
City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 92010
Dear Dave:
Thc pu~ose of this ~,~mittal is to formally request the City of Clmla Vista ("City") to
irdtiate the proccss to form a Community Facilities DisUict ("CFI)") pursuant to the
City's "Statement of Coals and policies Regarcling the Establishment of Community
F~/cilities Districts" to fund certain public improvemeols applicable to the San Miguel
Ranch ('~Project"). Included within this transmittal is the foliowing:
The boundar~ of the CID would include tho project owned by NN'P-Trimark San Miguel
Ranch, LLC ('~rrinlark"). The boundary would consist of two inlprovement areas with
Improvement Area No. 1 containing the portion of the Project that lies on the eastside of
SR-125, and Improvement Area blo. 2 containing the poltion of tho project that lies on
the westside of SR-125. The Project a~ you know has an approved SPA, Tentative Tract
Map and ~ssociated environmental decrements and rccenfl5' received a graai~§ permit.
The improvement plans, Final "A' map and master landscape plans are in process with
the City. Exhibit A provides a land use map of the Project.
2. Authorized ClrD Improvements
The public improvements anticipated to be authorized and acqu/red from the iss-~nco of
CFI) bonds secured by Improvement Area No.1 and/or Improvement Area lqo. 2
generally incl.ude.: (i)~ (ii) tho portion of Proctor Valley Road .~.,.t
fronts the Project and (ii1) Calle La Marina. Tho total conshuction cost of these public
improvements is ~mated to be $13.4 millior~ It should be noted that total construction
cost of the public improvements srtticipat~d to be authorized are in excess of the
contemplated CFD bovaiug capacity. This is stnlctured this way in order to leave some
cushion for differences between estimated versus actual construction costs and bond
costs. Exhibit B outlines a cost eStilllate of the public improvements anticipated to
authorized by the CFI).
3. Bond Amount of GFD.
We are anticipating the CFI) will be formed by June 2001. It is envisioned tho CFD will
issue two separate bonds issues with the first bond issue being secured by land within
Improvement Area No. 1 in the approximate amount of $9,933,000 around August 2001
' to acquire $7,847,000 in CFD improvements, and the second bond issue being secured by
85 ^rgon~ut, suite 205. Al/so Viejo. California 92656 949.465.1655 1AX
Exhibit 7
,10/01 M0N 11:41 FAX 619 691 $171 CHULA VISTA ENGINEERING [~003
-- Mr. Dave Rowlands
City of Chula Vista
Page 2
the land within Improwment Area No. 2 in thc approximate amount of $5,062,000 to
acquire $3,999,000 in CFI) improvcmcnts shor[ly after the resolution of any SR-125
d~velopm:nt-r¢lated constraints. Exkibit C outlines in D'eater detail the calculation of
the CFD bond amount(s) and the related ennslruction proceed(s).
4. Compliance with the City's 2~°/~ Tax Rate I.imltation
The CFI) is structured to comply with the City's 2% policy requ'uin~ the total
public debt applicable: to each residence not exceed 2% of its home price. The Project is
currently encumbered by Sweetwater Union High School Dishic~'s CFD No. 13.
Additionally, Trimark is in the process of fmslizing a Community Facilities Di~hi~ with
Chula Vista Elementary School Dislrict. Extu'bit C also outiines the application of the
City's 2% policy to thc Project's land uses given the existing and the proposed CPI) debt
to be issued. As noted in Exhibit C, T~mark's targeted total propan'y tax rat~ for th~
Project is 1.f/0%.
5..Own~rshiv/1~i'~ancial Information
Tho City's policy requires that applicant own or have the consent of not less than 67% of
the acreage within a proposed cor-munity facilities district. As meationed, Trimank is the
solo owner of the land within the proposed CFD. Exhibit D includes a cu~ent tire report
evidancin~ such ownership.
Tho community facilities district pohcy also requires the submittal of financial
information to the City to demonslxate the landowner's ability to construct the authoriz~i
-public improvements and make special tax payments. Tdmark will submit this
information io the appropriate City team members under a separate cover letter on a
confidential basis.
We look forward to meeting with you and the City's consultants to cthcnss the enclosed
Wansmittal and to bcgill the formal pwcess necessary to form the CFD and issu~ bonds.
If you have any qu~fions or comments, please do not hesitate to call me at (949) 609-
1300 or John Foreman our financial consultant at (949) 348-7022.
Sin cerelY'
Division President
Triw~ Pacific Homes
cc: George Krempl lohn For~nau
lohu Lippitt $ohn Yeager
Robert Powell
Tom Adler
MAR, 13,2002 ll:22AM THE OTAY RANCH CO N0,4986 P. 2
TH~ OTAY RANCI-I COMPANY
D~c~mber 5, 2001
I'~. Ctiff S~vanson
CITY' OF ~ 'vISTA
276 F om-,h Avenue
ChulaVista, CA 91910
Re: Au~ori~ati~n for Consrr#ctio# ora D~ Road
De~ ~:
I ~ ~g au~o~on for ~c~on of a D~ wad. ~e
S~t ~m ~ S~bow b~ ~ ~e ~stcrly b~ ofP~co ~.
I have c~a~ ~ a~tc D~ ~t of ~2.8 million ~r co~c~on of~ mad. Plca~ let
~ow ~you ~ve ~y que~s.
cc: K~ A~
R~ Peace
03/14/2002 10:08 FAX $194211530 EASTLAKE COMPANY ~002
13, oo2 am:
COMPANY, LLC
Mr. Cliff Swanson
City of Chula Vista
276 Fourth Avenue
Chula Vista, Californ/a 91910
Re: Authorization for Construction of a DI[F Road
Olympic Parkway from ltunte Parkway to 8R-125
Dear Cliff:
The EastLake Company, LLC is hamby requesting authorization from the City of Chula Vista
City Cotmeil to construct a portion of Ol~m~pic Parkway from I-Iume Parlcw~y to SR-125. The
completiou of this segment of Olympic P~rkwsy will fulfill EastLake's obhgaUon to deS~l~ and
construct this DiF Facility.
Wc have calculated an approximate DIF mount of $10.6 million for design and construction of
this facility based on cost estimates from our Engineers. Please contact me with any qucstions
that you may have regarding this matter at (619) 421-0127.
Sincerely,
TIlE EASTLAKE COMPANY, LLC
Bill McKibbin
A~sistant Project Manager
Cc: Guy Asaro, The EastLake Company, LLC
Curt Smith, The EastLake Company, LLC
Bob Moor~, The East.Lake Company, LLC
E hibit 9
FEB 20 '02 16:14 TO-91858467134G FROH- T-843 P. 07/07 F-554
McMillin Land Development k
5~uary26,2~O
City of Chula Vista
Engineer/rig Dcplutment
2?6 Fourth Avenue
Chula Vista, CA 91910
Attn: Clifford L. Swanson, Deputy Public Works Director/City Enffmecr
RE: Olympic Parkway/La Media Development Impaet Fee Credit
McMillin Land Development (DeveIol)er'~ r__e/lU_~s authorization to construct
Transportation Development Impact Fcc Facilities (TDIF) known as Project Numbers
lO(b), and portions of 24(a) as listed in Municipal Code Section 3.34.0:)0. Thc
Transportation projects which will be constructed by Mcldilli- Land Development
include the following:
1. LA MEDIA ROAD l~om East Palomar Street to Olympic Parkway - hnprovcmcnt~
and grading
2. OLYMPIC PKWY through thc McMillin property known as CVT 98-04 -/radin§
3. OLYMPIC PKWY from La Media Road to East Palomar Street- improvements
In addition, bond proceeds from Community Facilities District No. 97-3 have provided
$4.7 million to flnanco a portion of Phase 1 and 2 of Olympic Parkway pursuant w thc
Agreement for Financin§ and Construct/on of Olympic Parkway and Related Roadway
Improvements approved by Resolution No. 19410.
Sincerely,
McMillin Land Development
Robert A. Pletcher
Vice-President
Exhibit 10
FEB20 '02 16:14 TO-gl8584671346 FROH- T-843 P.07/07 F-554
McMillin Lan D evelopment b
January 26, 2000
City of Chula Vista
Engineering Department
276 Fourth Avenue
Chula Vista, CA 91910
AII~: Clifford L. Swanson, Deputy Public Works Director/City ~ngJnecr
RE: Olympic Parkway/La Media Developroent Iropset Fee Credit
McMillin Land Development (Developer") requests authorization m construct
Transportation Development Impact Fcc Facilitie~ (TDIF) known as Project Numbers
10Co), and portions of 24(a) as lis~ed in Mmlicipal Cot~ S~cflon 3.~4.030. Thc
Tnmsportation projects which will be constructed by McMillin Land Development
include the following:
1. LA MEDIA ROAD from Bast Paloma Street to Olympic Parkway - improvements
and grading
2, OLYMPIC PKWY through the McMillin property known as CVT 98-04 - gradin§
3, OLYMPIC PKWY from La Media Road to Bast Palomar Street - improvements
In addition, bond proceeds from Community Facilities District No. 97-3 have provided
$4.7 million to finance a portion of Phase 1 and 2 of Olympic Parkway pursuant to the
A~'eemcnt for Financing and Construction of Olympic Parkway and Related Roadway
Improvcmgnts approved by Resolution No. 19410.
Sincerely,
McMillin Land Development
Robert ^. Plctcher
Vice-President
Exhibit 11
McMIIIbl Reahy McMLI~ Mon~ge McMJ~n Lml~ Otwelopm~t MI:MUll ~)mcs M~
FEB20 '02 16:13 T0-918584671346 FROH- T-843 P.02/07 F-554
McMillin Land Development
February 20, 2002
Mr. Clifford L. Swanson
Deputy Public Works Director/City Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: Otay Lakes Road Widening
DIF Reimbursement Request
Dear Mr. Swanson,
McMillin has completed the bidding and construction process for the Otay Lakes
Road Widening at Otay Ranch SPA I. In addition, the facility has been accepted
by the City of Chula Vista. This project is eligible for Development Impact Fee
(DIF) reimbursement.
I have enclosed a tabulation detailing the bids resulting from our public bid of the
project. In addition, a copy of the awarded contract is enclosed. Please note
that the total for the widening amounts to $144,233.00.
Please contact me directly at 619-336-3167 if you have any questions.
Respectfully yours,
Terri Ibarra
McMillin Land Development
CC: Frank Zaidle, McMillin wlo encl.
Tom Adler, City of Chula Vista w/o encl.
Tom Bandy, Willdan w/sncl.
Exhibit 12
McMillin Land Development
June 26, 2001
Mr. Clifford L. Swanson
Deputy Public Works Director/City Engineer
CITY OF CHULA VISTA
276 Fourth Avenue
ChulaVism, CA 91910
RE: McMillln Otay Ranch SPA I,
TRAFFIC SIGNAL DIF REIMBURSEMENT REQUEST
Dear Mr. Swanson,
We have completed construction on ~wo traffic signals which are eligible for
reimbursement via the Traffic Signal Developer Impact Fee.
1. Traffio signal at La Media and East Palomar- V: offotal Cost $54,999
(requesting reimbursement of 50% of total cost, the remainder has been taken
care of through the TDIF credit for La Media.)
2. Traffic Signal at Santa Cora Ave. and East Palomar- Total Cost $24,000
Attached please find a tabulation detailing the three low bids resulting from our public
bid of the above referenced project. In addition, a copy of the awarded contract is
included.
Please contact me directly at 336-3175 if you require any further information or
documentation to facilitate this request.
Sincerely,
M~and Development
Frai~Zaldl .E~~
Project Engineer
cc: Sylvester Evetovich
Elizabeth Chopp Exhibit13
Tom Adler
McMi[lin Land Development McMillin Homes Mc~Millln Commercial
blcMillin Realty McMillin Mortgage
H:\data\engnringWZAIDLE\t~afficdi fREQ.doe
THE EASTLAKE COMPANY, LLC
900 LANE AVENUE
SUITE 100
CHULA VISTA, CA 91914
PHONE: (619) 421-0127
FAX: (619) 421-1830
LETTER OF TRANSMITTAL
TO: Tom Bandy DATE: 12/11/01
Senior Project Manager
Muni-Financial [] U.S. MAIL
9275 Sky Park Court [] OUR MESSENGER
Suite 1 l0 [] YOUR MESSENGER
San Diego, CA 92123 [] OVERNIGHT
CC:
FROM: Bill McKibbin, Assistant Project Manager
THE FOLLOWING IS BEING SENT: EastLake Traffic Signal Reimbursement Packages
· Hunte Parkway & King Creek Way Signal Reimbursement Package
· Fenton Street & Lane Avenue Signal Reimbursement Package
MESSAGE: Torn enclosed are the signal packages we talked about on yesterday. I will forward
to the copies of the invoices and checks as soon as payment is complete. Let me know if there is
any additional information that you need. Thanks
THE PURPOSE OF THIS TRANSMITTAL IS:
[] As Requested [] For your review and comment [] For Your Information
OTHER:
RECEiVED BY: DATE:
Exhibit 14
MAR 1~ ~02 16:11FR PACIFIC BAY HOMES,S.D619 656 4306 TO 18584671346 P.02×07
paci?_ ay
HOMES
March 13, 2002
Mr. Clifford L. Swanson
Deputy Public Works Director/City Engineer
City of Chula Vista
276 Fourth Avenue -~
ChulaVista, CA 91910
RE: McMillin Otay Ranch SPA I,
TraflSc Signal DIF Reimbursement Request
Dear Mr. Swanson:
We have completed constraction on two traffic signals which are eligible for
reimbursement via the Traffic Signal Developer Irnpaet Fee.
1. Traffic signal at Otay Lakes and Hunte Parkway.
2. Traffic signal at Otay Lakes and Lane Avenue.
We will forward, ffneeded, a tabulation detailing the three low bids resulting from our
bid of the above referenced project.
Please contact me directly at (619) 656-4300 if you require any further information or
documentation to facilitate this request.
Sincerely,
,-,' L,i~'l~ac~on
P~cl'iic Bay Homes
cc: Tom Adler
Tom Ba~dy
Exhibit 15
2300 Boswell Road, Suite 209, C '~ a,
(619) 656-4300 · Fax (619) 656-4306
RESOLUTION NO. 2002 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE THREE BID REQUIREMENT OF
ORDINANCE NO. 2716 AND AUTHORIZING MCMILLIN
COMPANIES TO CONSTRUCT THE POGGI CANYON SEWER
BETWEEN PASEO RANCHERO AND EAST PALOMAR STREET,
AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN
THE AGREEMENT WITH THE MCMILLIN COMPANIES,
MODIFYING THE REQUIREMENT OF THE MUNICIPAL CODE
WHEREAS, on December 9, 1997 the City Council adopted Ordinance 2716
establishing a development impact fee program for the construction of the Poggi Canyon Sewer
Main; and
WHEREAS, the purpose of this fee is to finance the construction of a trunk sewer
in the Poggi Canyon Sewer Basin from a proposed regional trunk sewer west of I -805 along
Olympic Parkway to the boundary of the Eastlake development: and
WHEREAS, The Otay Ranch Company ("Otay Ranch, L.P.") designed and
conducted the bid process for the project and McMillin Otay Ranch LLC contracted out the work
for construction; and
WHEREAS, Otay Ranch, L.P made every effort to obtain multiple bids for the
improvement construction; and
WHEREAS, only two companies submitted bids for the project during the public
bid opening on May 25, 2000; and
WHEREAS, McMillin Otay Ranch LLC constructed the sewer improvements
from Paseo Ranchero to La Media Road and requested that the three bid requirement of
Ordinance 2716 be waived, and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby waive the three bid requirement of ordinance no. 2716 and authorize
McMillin Otay Ranch LLC to construct the Poggi Canyon Sewer between Paseo Ranchero and
East Palomar Street.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
does hereby authorize the Public Works Director to sign the agreement with McMillin Otay
Ranch LLC modifying the requirement of the municipal code.
Presented by:
Approved as to form:
John Lippitt, Director of Public Works
,~c_
J:\Attorney\RESO\Poggi Canyon Sewer Paseo.doc
3-30
DRAFT
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
A TTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
fßm:~~~
John M. Kaheny
City Attorney
Dated: s-./ 1--0 z....--
Agreement with the McMillin Companies, Modifying the Requirement
of the Municipal Code
d-3/
DRAFT
DEVELOPMENT IMPACT FEE AGREEMENT
BY AND BETWEEN THE
CITY OF CHULA VISTA AND MCMILLIN OTAY RANCH, LLC
This Agreement is made this day of
2002 by and between McMillin Otay Ranch, LLC ("Developer")
and the City of Chula Vista, a California Municipal
Corporation ("City") with reference to the facts set forth
below, which recitals constitute a part of the Agreement.
Recitals
A. WHEREAS, Developer has requested authorization from
the City through a written resolution approved by the
City Council to construct certain Facilities which are
described in the request attached hereto as Exhibit A;
and
B.
WHEREAS, on May 14,
Developer's request
Resolution No.
2002
for
the City Council approved
authorization pursuant to
; and
C.
WHEREAS, Ordinance
agreement setting
authorization.
No.
forth
2716
the
requires a
conditions
written
on such
NOW, THEREFORE, BE IT RESOLVED that the Parties agree
as follows:
1.
Developer shall
specifications and
approval.
prepare
submi t same
all
to
plans
the City
and
for
2. Developer shall secure and dedicate any right-of-
way required for the improvement work.
3.
Developer shall secure all required permits
environmental clearances necessary
construction of the improvements.
and
for
4.
Developer shall
form and amount,
to the City.
provide performance
and with a surety
bonds in a
satisfactory
5. Developer shall pay all City fees and costs.
1
.:f -3¿
6. Developer further understands and agrees that
Ci ty, (as "indemnitee") or any officer or
employee thereof, shall not be liable for any
bodily injury, death, or property damage,
including thereto hazardous materials and
property takings claims occasioned by reason of
the acts or omissions of Developer, its
subcontractors or suppliers, its agents or
employees, or Indemnitee (which are not the
result of Indemnitee's sole negligence or willful
misconduct), related to the construction of the
Facilities. Developer further agrees to defend,
indemnify, protect and hold the Indemnitee, its
officers and employees, harmless from any and all
claims, demands, causes of action, liability,
costs and expense (including, without limitation,
reasonable attorney's fees) or loss for bodily
injury, death or property damages, including
thereto hazardous materials and property takings
claims because of or arising out of Developer's
construction of the Facilities or the acts or
omissions of Developer, its subcontractors or
suppliers, its agents or employees, or
Indemnitee, related thereto; provided, however,
that Developer shall have no obligation to
indemnify, defend, protect or hold Indemnitee
harmless from any such losses, claims, demands,
causes of action, liability, damages, costs or
expenses which arise out of the sole negligence
or willful misconduct of the Indemnitee or any
officer or employee thereof. Developer further
agrees to defend, indemnify, protect and hold the
Indemnitee harmless from any such losses, claims,
demands, damages, causes of action, liability,
costs and expenses to the extent that they have
arisen due to the sole negligence or willful
misconduct of Indemnitee. Such indemnification
and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or
the taking of property from owners of such
adjacent or downstream properties as a result of
construction of the Facilities as provided
herein. It shall also extend to damages
resulting from diversion of waters, change in the
volume of flow, modification of the velocity of
the water, erosion or siltation, or the
modification of the point of discharge as the
2
3-33
resul t of construction of the Facilities. The
approval of plans for the Facilities shall not
constitute the assumption by City of any
responsibility for such damage or taking, nor
shall City, by said approval, be an insurer or
surety for said work and related improvements.
The provisions of this paragraph shall become
effective upon the execution of this Agreement
and shall remain in full force and effect for ten
(10) years following the acceptance by the City
of the Facilities.
7. Developer shall advance all necessary funds for
the improvements, including design and
construction. The City will not be responsible
for any of the costs of constructing the
facilities.
8. Developer shall secure at least three (3)
qualified bids for work to be done. The
construction contract shall be granted to the
lowest qualified bidder. Any claims for
additional payment for extra work or charges
during construction shall be justified and shall
be documented to the satisfaction of the Director
of Public Works.
9. Developer shall provide a detailed cost estimate
which itemizes those costs of the construction
attributable to the improvements. The estimate
is preliminary and subject to final determination
by the Director of Public Works upon completion
of the Public Facility Project.
10. Upon determination of satisfactory incremental
completion of the public facility project, as
approved and certified by the Director of Public
Works, the City may pay the Developer progress
payments in an amount not to exceed 75 percent of
the estimated cost of the construction completed
to the time of the progress payment, but shall
provide in such case for the retention of 25% of
such costs until issuance by the City of a Notice
of Completion.
11. Any funds owed to the Developer as reimbursements
may be applied to the Developer's obligations to
3
3- 3'1
pay the Impact Fee for building permits to be
applied for in the future.
12. When all work has been completed to the
satisfaction of the City, the Developer shall
submit verification of payments made for the
construction of the project to the City. The
Director of Public Works shall make the final
determination on expenditures which are eligible
for reimbursement.
13. After final determination of expenditures
eligible for reimbursement has been made by the
Public Works Director, the parties may agree to
offset the Developer's duty to pay Impact Fees
required by this ordinance against the City's
duty to reimburse the Developer.
14. If, after offset if any, funds are due the
Developer under this section, the City may at its
option, reimburse the Developer from the Fund
either in cash or over time as Fees are
collected, or give a credit against the Impact
Fee levied by this Ordinance or some combination
thereof, in the amount of the costs incurred by
the Developer that exceeds their required
contribution to such Facilities as required by
this Ordinance, for the design and construction
of the Facility not to exceed the estimated cost
of that particular Facility as included in the
calculation and updating of the Impact Fee and in
an amount agreed to in advance of their
expenditure in writing by the City.
4
.;1- 35
CITY OF CHULA VISTA
Director of Public Works
Approved as to form by
City Attorney
SIGNATURE PAGE TO
DEVELOPMENT IMP ACT FEE AGREEMENT
5
3- 3(;;
McMillin Otay Ranch, LLC
a Delaware limited liability company
By: McMilli C anies, LLC
a Delawar r ed iabi 'ty company
Its: Mana
By:
Its'
B'
Its:
FEB 21 '02 09:10 TO-918584671346
FROH-
T-852 P.02/04 F-568
D;xr 4-_
~~
D.,".!'
. .
.
.\\
The Corky McMillin Companies
Raalrt ~ ~. Lind DfMIIOpmenI . HOfMa· ComrMtClal
August 28, 2000
Mr. Clifford L. Swanson
Deputy Public Works Director/City Engineer
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
RE: McMUlID Otay Ranch SPA I, Phase 1
Poggi Canyon Sewer D.1.F. Credit Application
Dear Mr. Swanson,
Attached, please find the docwnentation of constrUCtion and staking contracts for the
P021Ú Canyon trunk sewer from La Media Road to Pasco Ranchero Street (Stations
132'1-3'5.74 to 187+77'.74); In prior-eorrespondence,wo·had requested approval for
constructing other portions of the trunk sewer, but were unsure at the time whether we
would be constructing a temporary or pennanent sewer line. We hereby request City
Council ~oval for construction of the trunk sewer, as well as reimbursement for the
DJ.F. eligtble components.
In addition, this facility is eligible for reimbursement under the 97-03 Community
Facilities District. Upon substantial completion, we will request reimbursement under the
procedures established by the Acquisition and Financing Agreement for the referenced
CFD.
The improvement plans for Olympic Parkway Phase 2 were subject to public bid by the
Otay Ranch Company. We contracted with the apparent low bidder that resulted from the
bidding process for the entire roadway segment.
The costs for the referenced portion of the Poggi Canyon Trunk Sewer total $ 390,386 as
follows:
Hard Costs- S 385,786
Soft COI;ts- $ 4,600
Pursuant to the current ordinance, we hereby request that DJ.F. credits in the amount of
$292.789.50 be approved. This represents 75% of the cost amounts rcferenc
1Â 1Â _:3-37-
Þ:da.."'n8"r.¡¡¡,~l1Wa;,,&\MI$J~G~ ~\ft:"d Dcv<lopm... M.MIlIIn H..... McMillin ComIn......
CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITY. CA 81960 TEL (&191.477""'7 FAA (619) ~118 VNNI.mcmlJlln.com
.
Exhibit A
FEB 21 '02 09:10 TO-918584671346
FROH-
T-852 P.03/04 F-568
.. .
If you have any particular questions or œquire additional infonnation, please contact me
directly at 336-3672.
Sincerely,
Robert A. Pletcher
Vice-president
W/o Attachments
cc: Donna Snyder (w/o Attachments)
Tom Adler (w/o Attachments)
h:d.lalcnl5"ring\bplolChorIoaoymohlPnagi Sewer DIF CroðtlS ..:3 -3 8
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING VARIOUS NAMED DEVELOPERS TO
CONSTRUCT ELIGIBLE STREETS AND OTHER FACILITIES AND
RECEIVE DEVELOPMENT IMPACT FEE CREDIT OR
REIMBURSEMENT FOR THE COST OF SUCH CONSTRUCTION AND
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO SIGN THE
AGREEMENTS WITH THE VARIOUS DEVELOPERS.
WHEREAS, the City of Chula Vista has by ordinance established vanous
development impact fee programs including Poggi Canyon Sewer Basin DIF, Otay Ranch
Pedestrian Bridge DIF, Salt Creek Sewer Basin DIF, and Transportation DIF; and
WHEREAS, developers McMillin Otay Ranch, LLC, The Eastlake Company,
Otay Project L.P., Pacific Bay Homes and Trimark Pacific Homes, L.P. have requested
authorization to construct the Development Impact Fee projects; and
WHEREAS, pursuant to the ordinance requirements City Council must approve
the developers' request; and
WHEREAS, developers are required to comply with the procedural requirements
of the various ordinances in order to receive DIF credit; and
WHEREAS, the Transportation DIF Ordinance does not require developers to
enter into an agreement regarding construction of eligible transportation projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby authorize developers McMillin Otay Ranch, LLC, The Eastlake
Company, Otay Project L.P., Pacific Bay Homes and Trimark Pacific Homes, L.P. to construct
eligible streets and other facilities and receive development impact fee credit or reimbursement
for the cost of such construction.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
does hereby authorize the Public Works Director to sign DIF agreements with McMillin Otay
Ranch, LLC, Otay Project L.P. and The Eastlake Company.
Presented by:
Approved as to fonn:
John Lippitt
Public Works Director
~~~&~
City Attorney
J:\Attorney\RESO\OIF Authorization Various Developers.doc
3-39
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~'~
~hn M. Kaheny
City Attorney
Dated: s- _ cr - 0 2.-
Agreements for DIF Authorizations with the Various Developers
..3 - If ()
'I.
DEVELOPMENT IMPACT FEE AGREEMENT
BY AND BETWEEN THE
CITY OF CHULA VISTA AND OTAY PROJECT L.P.
This Agreement is made this day of
2002 by and between Otay Project L.P. ("Developer") and the
City of Chula Vista, a California Municipal Corporation
("City") with reference to the facts set forth below, which
recitals constitute a part of the Agreement.
Recitals
A. WHEREAS, Developer has requested authorization from
the City through a written resolution approved by the
City Council to construct certain Facilities which are
described in the request attached hereto as Exhibit A;
and
B.
WHEREAS, on May 14,
Developer's request
Resolution No.
2002
for
the City Council approved
authorization pursuant to
; and
C.
WHEREAS, Ordinance
agreement setting
authorization.
No.
forth
2716
the
requires a
conditions
written
on such
NOW, THEREFORE, BE IT RESOLVED that the Parties agree
as follows:
1.
Developer shall
specifications and
approval.
prepare
submi t same
all
to
plans
the City
and
for
2. Developer shall secure and dedicate any right-of-
way required for the improvement work.
3 .
Developer shall secure all required permits
environmental clearances necessary
construction of the improvements.
and
for
4.
Developer shall
form and amount,
to the City.
provide performance bonds in a
and with a surety satisfactory
5. Developer shall pay all City fees and costs.
1
3 -'1/
\
6. Developer further understands and agrees that
City, (as "indemnitee") or any officer or
employee thereof, shall not be liable for any
bodily injury, death, or property damage,
including thereto hazardous materials and
property takings claims occasioned by reason of
the acts or omissions of Developer, its
subcontractors or suppliers, its agents or
employees, or Indemnitee (which are not the
result of Indemnitee's sole negligence or willful
misconduct), related to the construction of the
Facilities. Developer further agrees to defend,
indemnify, protect and hold the Indemnitee, its
officers and employees, harmless from any and all
claims, demands, causes of action, liability,
costs and expense (including, without limitation,
reasonable attorney's fees) or loss for bodily
injury, death or property damages, including
thereto hazardous materials and property takings
claims because of or arising out of Developer's
construction of the Facilities or the acts or
omissions of Developer, its subcontractors or
suppliers, its agents or employees, or
Indemnitee, related thereto; provided, however,
that Developer shall have no obligation to
indemnify, defend, protect or hold Indemnitee
harmless from any such losses, claims, demands,
causes of action, liability, damages, costs or
expenses which arise out of the sole negligence
or willful misconduct of the Indemnitee or any
officer or employee thereof. Developer further
agrees to defend, indemnify, protect and hold the
Indemnitee harmless from any such losses, claims,
demands, damages, causes of action, liability,
costs and expenses to the extent that they have
arisen due to the sole negligence or willful
misconduct of Indemnitee. Such indemnification
and agreement to hold harmless shall extend to
damages to adj acent or downstream properties or
the taking of property from owners of such
adj acent or downstream properties as a result of
construction of the Facilities as provided
herein. It shall also extend to damages
resulting from diversion of waters, change in the
volume of flow, modification of the velocity of
the water, erosion or siltation, or the
modification of the point of discharge as the
2
..3'-ý.).....
result of construction of the Facilities. The
approval of plans for the Facilities shall not
constitute the assumption by City of any
responsibility for such damage or taking, nor
shall City, by said approval, be an insurer or
surety for said work and related improvements.
The provisions of this paragraph shall become
effective upon the execution of this Agreement
and shall remain in full force and effect for ten
(10) years following the acceptance by the City
of the Facilities.
7. Developer shall advance all necessary funds for
the improvements, including design and
construction. The City will not be responsible
for any of the costs of constructing the
facilities.
8. Developer shall secure at least three (3)
qualified bids for work to be done. The
construction contract shall be granted to the
lowest qualified bidder. Any claims for
additional payment for extra work or charges
during construction shall be justified and shall
be documented to the satisfaction of the Director
of Public Works.
9. Developer shall provide a detailed cost estimate
which itemizes those costs of the construction
attributable to the improvements. The estimate
is preliminary and subject to final determination
by the Director of Public Works upon completion
of the Public Facility Project.
10. Upon determination of satisfactory incremental
completion of the public facility project, as
approved and certified by the Director of Public
Works, the City may pay the Developer progress
payments in an amount not to exceed 75 percent of
the estimated cost of the construction completed
to the time of the progress payment, but shall
provide in such case for the retention of 25% of
such costs until issuance by the City of a Notice
of Completion.
11. Any funds owed to the Developer as reimbursements
may be applied to the Developer's obligations to
3
3 - '/'3
pay the Impact Fee for building permits to be
applied for in the future.
12. When all work has been completed to the
satisfaction of the City, the Developer shall
submit verification of payments made for the
construction of the project to the City. The
Director of Public Works shall make the final
determination on expenditures which are eligible
for reimbursement.
13. After final determination of expenditures
eligible for reimbursement has been made by the
Public Works Director, the parties may agree to
offset the Developer's duty to pay Impact Fees
required by this ordinance against the City's
duty to reimburse the Developer.
14. If, after offset if any, funds are due the
Developer under this section, the City may at its
option, reimburse the Developer from the Fund
either in cash or over time as Fees are
collected, .or give a credit against the Impact
Fee levied by this Ordinance or some combination
thereof, in the amount of the costs incurred by
the Developer that exceeds their required
contribution to such Facilities as required by
this Ordinance, for the design and construction
of the Facility not to exceed the estimated cost
of that particular Facility as included in the
calculation and updating of the Impact Fee and in
an amount agreed to in advance of their
expenditure in writing by the City.
4
.::J ~ t/f
SIGNATURE PAGE TO
DEVELOPMENT IMPACT FEE AGREEMENT
CITY OF CHULA VISTA
OTAY PROJECT L.P.,
a California limited partnership
Director of Public Works
By: OTAY PROJECT, LLC,
a California limited liability company,
General Partner
Approved as to form by
By: OTAY RANCH DEVELOPMENT, LLC
A Delaware limited liability company,
its managing member
City Attorney
BY:_~
3-'15'
. 04/12/02 FRI 09:02 FAX 619 691 5171
CHULA VISTA ENGINEERING
141002
..... r. I}. .;\lV I J. U Illi\
i 1;1,. "01.1'\1 ¡\"i\l,dl \tV
IIV, I ¿¡~ r. i
.
October 19, 2001
TH[ .OTAV RANCH COMP....NY
Mr. Clifford L. Swanson
Deputy Public Works Director/City Engineer
CITY OF CHULA VISTA
276 FoW1h Avenue
Chola Vista, CA 91910
RE: OTAY RANCH SPA I. OLYMPIC PARKWAY . PHASE 1
POGGI CANYON SEWER DlF CREDIT APPLICATION
Deill" Mr. Swanson:
Attached, please find the documeDtalÏon rellled to the cons1rllclÏon contracts for the Poggi
CanYOn tnl~1t jewer f'r~", BPAnduine Avenue tD tIIIsI}.~ ~tteet wådUn 019C
Parkway. Weare hereby requel1ing City Council approval for 0igi èanyon DlF c t Cor
eligible components of the Poggi Canyon IrIIDk sewer that bas been eOllStnlCted.
This ponion oCtllo tnmk seIVer has been tbrough the audit plOUSS by the City and McGill
ManiD Self, Inc. (MMS) for CommWlÍties Facilities District No. 99-1 (CFD No. 99-1). The
Otay Rand> çompany has received reimbursement from the CFD No. 99-1 up to 75 ~. of the
total construction cost. Upon City acceptance oflhis pmjecl, we will rcqllCSt reimbursement
(25% Retained Incremenl) wder the procedures established by the Acquiliition and Financing
Agreement for lhe CFD No. 99-1.
Olympic Parkway Phase 1 was subject to the public bid process and was completed by the
OIaY Ranch Company. We have contraçted with the lowest bidder, Cass ConslrUclion, wbich
resulted from the bidding proçess for the mtire roadway segment (Brandywine 10 ElISt
Palomar).
The costs for the referenced portion of the Poggi Canyon Tnmk Sewer total 5574.338.40
as follows:
Hard Costs
Soft Costs
$ 516,261.40
$ 58,077.00
Pursuant 10 Ihe cuuent Ordinance No. 2716, we hereby rèquest that DIF credits in the
amo\lllt of S 430,753.80 be approved. This represents 75% of the \;051 arnollJlts referenced
above. The merchant builders will be able to receive credit for these fees, upon. issul\ßee of
the building permit.
Uo W, AS.. !òUUT. SUITt 110. SAÞ.I 01(£00, I:A 9~IOt PLl~ 1'19. 2U.I05C1 ~:It. C"O) a~"..Oð' "."....1[.; ''''oOQut.."ch,col'l''
Exhibit A
.3 - 'Ib
.. ,"04/12/02 FRI 09:02 FAX 619 691 5171
CHULA VISTA ENGINEERING
141003
..v . I J. I.IJ ~ I oJ·. V lilt!
¡ILL \Jlnl l\n'~\'iI I,.V
'IV. I ~ I~ 1". J
Mr. Clifford L. Swanson
Deputy Public Works Director/City Engineer
CITY OF CHULA VISTA
Oclobcr 19,2001
Page 2
If you have any particular questions or require additional information, ple4se contact me
directly at (619) 234-40S0.
Sincerely,
THE OTAY RANCH COMPANY
Ii
Executive Vice President
..:3-'17
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
?~
~{
~hn~. Kaheny
City Attorney
Dated: S- _ 1" - 0 2--
Agreements for DIF Authorizations with the Various Developers
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,
,
DEVELOPMENT IMPACT FEE AGREEMENT
BY AND BETWEEN THE
CITY OF CHULA VISTA AND MCMILLIN OTAY RANCH, LLC
This Agreement is made this day of
2002 by and between McMillin Otay Ranch, LLC ("Developer")
and the City of Chula Vista, a California Municipal
Corporation ("City") with reference to the facts set forth
below, which recitals constitute a part of the Agreement.
Recitals
A. WHEREAS, Developer has requested authorization from
the City through a written resolution approved by the
City Council to construct certain Facilities which are
described in the request attached hereto as Exhibit A;
and
B.
WHEREAS, on May 14,
Developer's request
Resolution No.
2002
for
the City Council approved
authorization pursuant to
; and
C.
WHEREAS, Ordinance
agreement setting
authorization.
No.
forth
2767
the
requires a
conditions
written
on such
NOW, THEREFORE, BE IT RESOLVED that the Parties agree
as follows:
1.
Developer shall
specifications and
approval.
prepare
submi t same
all
to
plans
the City
and
for
2. Developer shall secure and dedicate any right-of-
way required for the improvement work.
3 .
Developer shall secure all required permits
environmental clearances necessary
construction of the improvements.
and
for
4 .
Developer shall
form and amount,
to the City.
provide performance bonds in a
and with a surety satisfactory
5. Developer shall pay all City fees and costs.
1
.3--'17
6. Developer further understands and agrees that
City, (as "indemnitee") or any officer or
employee thereof, shall not be 1 iable for any
bodily injury, death, or property damage,
including thereto hazardous materials and
property takings claims occasioned by reason of
the acts or omissions of Developer, its
subcontractors or suppliers, its agents or
employees, or Indemnitee (which are not the
result of Indemnitee's sole negligence or willful
misconduct), related to the construction of the
Facilities. Developer further agrees to defend,
indemnify, protect and hold the Indemnitee, its
officers and employees, harmless from any and all
claims, demands, causes of action, liability,
costs and expense (including, without limitation,
reasonable attorney's fees) or loss for bodily
injury, death or property damages, including
thereto hazardous materials and property takings
claims because of or arising out of Developer's
construction of the Facilities or the acts or
omissions of Developer, its subcontractors or
suppliers, its agents or employees, or
Indemnitee, related thereto; provided, however,
that Developer shall have no obligation to
indemnify, defend, protect or hold Indemnitee
harmless from any such losses, claims, demands,
causes of action, liability, damages, costs or
expenses which arise out of the sole negligence
or willful misconduct of the Indemnitee or any
officer or employee thereof. Developer further
agrees to defend, indemnify, protect and hold the
Indemnitee harmless from any such losses, claims,
demands, damages, causes of action, liability,
costs and expenses to the extent that they have
arisen due to the sole negligence or willful
misconduct of Indemnitee. Such indemnification
and agreement to hold harmless shall extend to
damages to adj acent or downstream properties or
the taking of property from owners of such
adjacent or downstream properties as a result of
construction of the Facilities as provided
herein. It shall also extend to damages
resulting from diversion of waters, change in the
volume of flow, modification of the velocity of
the water, erosion or siltation, or the
modification of the point of discharge as the
2
.d - SLJ
result of construction of the Facilities. The
approval of plans for the Facilities shall not
constitute the assumption by City of any
responsibility for such damage or taking, nor
shall City, by said approval, be an insurer or
surety for said work and related improvements.
The provisions of this paragraph shall become
effective upon the execution of this Agreement
and shall remain in full force and effect for ten
(10) years following the acceptance by the City
of the Facilities.
7. Developer shall advance all necessary funds for
the improvements, including design and
construction. The City will not be responsible
for any of the costs of constructing the
facilities.
8. Developer shall secure at least three (3)
qualified bids for work to be done. The
construction contract shall be granted to the
lowest qualified bidder. Any claims for
additional payment for extra work or charges
during construction shall be justified and shall
be documented to the satisfaction of the Director
of Public Works.
9. Developer shall provide a detailed cost estimate
which itemizes those costs of the construction
attributable to the improvements. The estimate
is preliminary and subject to final determination
by the Director of Public Works upon completion
of the Public Facility Project.
10. Upon determination of satisfactory incremental
completion of the public facility project, as
approved and certified by the Director of Public
Works, the City may pay the Developer progress
payments in an amount not to exceed 75 percent of
the estimated cost of the construction completed
to the time of the progress payment, but shall
provide in such case for the retention of 25% of
such costs until issuance by the City of a Notice
of Completion.
11. Any funds owed to the Developer as reimbursements
may be applied to the Developer's obligations to
3
.3-5/
· .
"
pay the Impact Fee for building permits to be
applied for in the future.
12. When all work has been completed to the
satisfaction of the City, the Developer shall
submit verification of payments made for the
construction of the project to the City. The
Director of Public Works shall make the final
determination on expenditures which are eligible
for reimbursement.
13. After final determination of expenditures
eligible for reimbursement has been made by the
Public Works Director, the parties may agree to
offset the Developer's duty to pay Impact Fees
required by this ordinance against the City's
duty to reimburse the Developer.
14. If, after offset if any, funds are due the
Developer under this section, the City may at its
option, reimburse the Developer from the Fund
either in cash or over time as Fees are
collected, or give a credit against the Impact
Fee levied by this Ordinance or some combination
thereof, in the amount of the costs incurred by
the Developer that exceeds their required
contribution to such Facilities as required by
this Ordinance, for the design and construction
of the Facility not to exceed the estimated cost
of that particular Facility as included in the
calculation and updating of the Impact Fee and in
an amount agreed to in advance of their
expenditure in writing by the City.
4
J-5.J-..
.. .
CITY OF CHULA VISTA
Director of Public Works
Approved as to form by
City Attorney
SIGNATURE PAGE TO
DEVELOPMENT IMPACT FEE AGREEMENT
5
3·S3
McMillin Otay Ranch. LLC
a Delaware limited liability company
By: McMi[· C anies, LLC
a Delawar Ii . d iab "lil): company
Its: Mana
By:
It
Its:
~ It #-' J
"
~\~
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,-¡,,\t<: ~---- -,,-,. ,."
"-.'"
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~.. """
I;'! JUL 2Wi
I"' 0rrc
\.:~ ULùdV11 ')
\~")è'L cI (/:?
'~;/
McMillin A~~VJ£\,)?~~;y,elopment
Via Messenger
July 16, 2001
Mr. Clifford L. Swanson
Deputy Public Works Director/City Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: McMillin Otay Ranch SPA I
Phase 2 Pedestrian Bridae
DIF REIMBURSEMENT REQUEST
Dear Mr. Swanson,
McMillin has completed the bidding process and has awarded the contract for the
construction of the Phase 2 Pedestrian Bridge at Otay Ranch SPA I. This project
is eligible for Development Impact Fee (DIF) reimbursement.
I have enclosed a tabulation detailing the bids resulting from our public bid of the
project. In addition, a copy of the letter to proceed and the awarded contract
(Hazard Construction) is included. Please note that the total for the construction
of the Phase 2 Pedestrian Bridge amounts to $674,066.75.
Please contact me directly at 619-336-3167 is you have any questions.
Respectfully yours,
~
Terri Ibarra
Special Districts Coordinator
Enclosures
CC:
frªn~~~i.Ç ll?'iM.gMillin...\fý/oencl.
æh!¡fjtít1:ï;\~hçjp~~t~I~:!)tN!!I~~'~iMi~r~ \fý/o .~rcL $
Alex AI-Agha, City of Chula Vista w/o encl.
Tom Adler, City of Chula Vista w/o encL
.\\ .\\ .\\ .\\ .\\
McMillin Realty McMillin Mortgage McMillin Land Development McMillin Homes McMillin Con:
Exhibit A
CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITY, C~5~/ TEL (619) 477-4117 FAX (619) 336·3112 Wi....,,""',
.",3 - ~...,-
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
A TTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~
--rì/J"
~ /¿;~l.
~hn~. Kaheny
City Attorney
Dated:ç _ 1" - 0 2..-
Agreements for DIF Authorizations with the Various Developers
a-5r:
::;.
DEVELOPMENT IMPACT FEE AGREEMENT
BY AND BETWEEN THE
CITY OF CHULA VISTA AND THE EASTLAKE COMPANY
This Agreement is made this day of
2002 by and between The Eastlake Company ("Developer") and
the City of Chula Vista, a California Municipal Corporation
("City") with reference to the facts set forth below, which
recitals constitute a part of the Agreement.
Recitals
A. WHEREAS, Developer has requested authorization from
the City through a written resolution approved by the
City Council to construct certain Facilities which are
described in the request attached hereto as Exhibit A;
and
B.
WHEREAS, on May 14,
Developer's request
Resolution No.
2002
for
the City Council approved
authorization pursuant to
; and
C.
WHEREAS, Ordinance
agreement setting
authorization.
No.
forth
2617
the
requires a
conditions
written
on such
NOW, THEREFORE, BE IT RESOLVED that the Parties agree
as follows:
1.
Developer shall
specifications and
approval.
prepare
submi t same
all
to
plans
the City
and
for
2. Developer shall secure and dedicate any right-of-
way required for the improvement work.
3.
Developer shall secure all required permits
environmental clearances necessary
construction of the improvements.
and
for
4 .
Developer shall
form and amount,
to the City.
provide performance bonds in a
and with a surety satísfactory
5. Developer shall pay all City fees and costs.
1
~-$(o
6.
Developer further understands and agrees that
City, (as "indemnitee") or any officer or
employee thereof, shall not be liable for any
bodily injury, death, or property damage,
including thereto hazardous materials and
property takings claims occasioned by reason of
the acts or omissions of Developer, its
subcontractors or suppliers, its agents or
employees, or Indemnitee (which are not the
result of Indemnitee's sole negligence or willful
misconduct), related to the construction of the
Facilities. Developer further agrees to defend,
indemnify, protect and hold the Indemnitee, its
officers and employees, harmless from any and all
claims, demands, causes of action, liability,
costs and expense (including, without limitation,
reasonable attorney's fees) or loss for bodily
injury, death or property damages, including
thereto hazardous materials and property takings
claims because of or arising out of Developer's
construction of the Facilities or the acts or
omissions of Developer, its subcontractors or
suppliers, its agents or employees, or
Indemnitee, related thereto; provided, however,
that Developer shall have no obligation to
indemnify, defend, protect or hold Indemnitee
harmless from any such losses, claims, demands,
causes of action, liability, damages, costs or
expenses which arise out of the sole negligence
or willful misconduct of the Indemnitee or any
officer or employee thereof. Developer further
agrees to defend, indemnify, protect and hold the
Indemnitee harmless from any such losses, claims,
demands, damages, causes of action, liability,
costs and expenses to the extent that they have
arisen due to the sole negligence or willful
misconduct of Indemnitee. Such indemnification
and agreement to hold harmless shall extend to
damages to adj acent or downstream properties or
the taking of property from owners of such
adjacent or downstream properties as a result of
construction of the Facilities as provided
herein. It shall also extend to damages
resulting from diversion of waters, change in the
volume of flow, modification of the velocity of
the water, erosion or siltation, or the
modification of the point of discharge as the
....¥.... .
2
.;1-57
resul t of construction of the Facilities. The
approval of plans for the Facilities shall not
constitute the assumption by City of any
responsibility for such damage or taking, nor
shall City, by said approval, be an insurer or
surety for said work and related improvements.
The provisions of this paragraph shall become
effective upon the execution of this Agreement
and shall remain in full force and effect for ten
(10) years following the acceptance by the City
of the Facilities.
7. Developer shall advance all necessary funds for
the improvements, including design and
construction. The City will not be responsible
for any of the costs of constructing the
facilities.
8. Developer shall secure at least three (3)
qualified bids for work to be done. The
construction contract shall be granted to the
lowest qualified bidder. Any claims for
additional payment for extra work or charges
during construction shall be justified and shall
be documented to the satisfaction of the Director
of Public Works.
9. Developer shall provide a detailed cost estimate
which itemizes those costs of the construction
attributable to the improvements. The estimate
is preliminary and subject to final determination
by the Director of Public Works upon completion
of the Public Facility Project.
10. Upon determination of satisfactory incremental
completion of the public facility project, as
approved and certified by the Director of Public
Works, the City may pay the Developer progress
payments in an amount not to exceed 75 percent of
the estimated cost of the construction completed
to the time of the progress payment, but shall
provide in such case for the retention of 25% of
such costs until issuance by the City of a Notice
of Completion.
11. Any funds owed to the Developer as reimbursements
may be applied to the Developer's obligations to
3
3-~7
','
pay the Impact Fee for building permits to be
applied for in the future.
12. When all work has been completed to the
satisfaction of the City, the Developer shall
submit verification of payments made for the
construction of the project to the City. The
Director of Public Works shall make the final
determination on expenditures which are eligible
for reimbursement.
13. After final determination of expenditures
eligible for reimbursement has been made by the
Public Works Director, the parties may agree to
offset the Developer's duty to pay Impact Fees
required by this ordinance against the City's
duty to reimburse the Developer.
14. If, after offset if any, funds are due the
Developer under this section, the City may at its
option, reimburse the Developer from the Fund
either in cash or over time as Fees are
collected, or give a credit against the Impact
Fee levied by this Ordinance or some combination
thereof, in the amount of the costs incurred by
the Developer that exceeds their required
contribution to such Facilities as required by
this Ordinance, for the design and construction
of the Facility not to exceed the estimated cost
of that particular Facility as included in the
calculation and updating of the Impact Fee and in
an amount agreed to in advance of their
expenditure in writing by the City.
4
.:f-~7
'.'.',
;.
.
SIGNATURE PAGE TO
DEVELOPMENT IMPACT FEE AGREEMENT
CITY OF CHULA VISTA
Director of Public Works
Approved as to form by
City Attorney
J:\Attorney\Agree\DIF Agreement
5
3-00
THE EASTLAKE CO.
Guy A ,Vice President
~preSident
,-.
.
September 27, 2000
Mr. Cliff Swanson, City Engineer
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Subject: Trunk Sewer Reimbursement
Dear Cliff,
Please allow this letter to serve as our formal re uest for reimbursement for the construction of the Salt
Creek Trunk Sewer throu h ortions of the Eastlake Tmils ou ro ect to m lC ar a. ese
improvements had been bonded as part of the Eastlake Tmils project and instal ation IS now complete.
Enclosed please fin the following documents for your review in establishing reimbursement.
I. Detailed Summary Sheet of Costs
2. Bid Comparison Spread Sheet
3. Copy of Bids
4. Copy of contract awarded to lowest bidder.
\ 5. Payment Invoices and Lien Releases
6. Copy of Bond securing improvements
Thank you for your assistance. Please let me know if any additional information or backup is needed.
Sincerely,
THEEASTLAKECOMPANY
£if fI1~
Bill McKibbin
Assistant Project Manager
.3 _/ b I
Exhibit A
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 05/14/02
ITEM TITLE: a) Resolution establishing a Council policy for meeting room
use at the Civic Center and Public Works Center
b) Resolution rescinding Council policy 856-01 regarding the
use of meeting rooms in the Library and establishing an administrative
policy regarding this use
SUBMITTED BY: Deputy City Manager Palmer~
City ManagefT~,9~/ (4/5ths Vote: Yes __ No x )
REVIEWED
BY:
When the Civic Center Branch Library opened in 1976, practically the only public meeting
rooms in a City owned building, where those at the library. As a result, Council approved a
Council Policy 856-01 to govern public use of those spaces. However, thyoughout the last 26
years, other City facilities have been built with public meeting rooms, including the Public
Services Building, Norman Park Center, the Nature Center and now the new Public Works
Center. There is no formal policy for use of the meeting rooms at the Civic Center while the
Recreation Department and Nature Center have established administrative policies.
The accompanying resolutions would rectify the con~usion by establishing a Council Policy for
use o£ meeting rooms at the Civic Center and Public Works Center - facilities housing multiple
departments It would also rescind the Council Policy governing use of the meeting rooms at
public libraries and allow the Library Department to establish an administrative policy similar to
the process used by the Recreation Department and the Chula Vista Nature Center.
RECOMMENDATION: That Council adopt the resolutions a) establishing a Council Policy
for meeting room use for the Civic Center and Public Works Center and b) rescinding Council
Policy 856-01 regarding use of meeting rooms at the Library in favor of establishing an
administrative policy.
BOARDS/COMMISSION: The Library Board o£ Trustees approved the revised
Administrative Policy by a unanimous vote at its September 19, 2001 meeting.
DISCUSSION:
Civic Center and Public Works Center Meeting Rooms
A formal Council Policy addressing use of meeting and conference rooms at the Civic Center
and Public Works Center is needed due to the increasing number of requests to use those
facilities by outside groups as well as some recent incidents where City property was damaged
when our facilities were being used by outside groups.
This policy (please see Attachment "A") aims to ensure that use of facilities by outside groups
does not significantly limit the availability to city staff, boards and commissions, or create an
undue burden for custodial staff, etc. Establishing and following a formal policy and process
Page 2, Item t~
Meeting Date 05/14/02
will also allow the City to hold outside groups liable for any loss or damage incurred to City
property as a result of their activities.
To summarize:
· This policy applies to conference/meeting rooms at the Civic Center (City Hall, Public
Services Building and Ken Lee Building) and the Public Works Center.
· City staff, the city's elected officials and city-appointed commissions and boards may
continue to reserve meeting and conference rooms to conduct city business, as they have
always done.
· The only other groups who will be permitted to use meeting/conference rooms at the
Civic Center and Public Works Center are federal, state or county elected officials,
governmental agencies and non-profits. See Attachment "B" for the "Conditions of Use"
document for the terms and restrictions that may apply.
· Eligible outside groups who wish to use city meeting and conference rooms must apply
to the City of Chula Vista's Office of Communications via the application process
described in the attached documents. Only Office of Communications staff is authorized
to grant or deny permission to these groups.
· Use of the rooms for official city business takes precedence over use by outside groups.
Chula Vista Public Library Meeting Room~
In order to comply with recent court decisions interpreting the First Amendment, it is necessary
to modify the Library's existing Meeting Room Policy. The revised policy, as shown as
Attachment "D" states that "the meeting room facilities at the Civic Center and South Chula
Vista branch libraries are open to groups and organizations engaged in educational, cultural,
intellectual or charitable activities. Library meeting rooms are not available for regularly
scheduled meetings of organizations or groups recurring at stated intervals and extending over a
period of time. Approval may be granted for up to four meeting times in a calendar year."
Admission to the meeting rooms must be free and open to the entire community as space
permits. No charges or registration fees may be collected. The sale of merchandise or services of
any type is also prohibited.
In order to bring the policy into legal compliance the Library recommends the Council rescinds
the existing policy and adopts the revised Library Meeting Room Policy as an administrative
policy and that the City Manager or his designee make all future modifications of this policy.
FISCAL IMPACT: There is no fiscal impact with the adoption of the new meeting room
policies, as there is no charge for use of these meeting moms.
File: C:hMY DOCUMENTS\L1BRARY~A. 113 MEETING ROOM POLICY.DOC
Attachment A
OIYOF
CHULAVISTA
Meeting and conference rooms in the City of Chula Vista Civic Center complex (276 Fourth Avenue, 430 "F" Street,
and adjacent city offices) and the Public Works Center (1800 Maxwell Road) aro pdmadly intended for use by city staff,
the city's elected officials and city-appointed commissions and boards, for the purpose of conducting city business.
Federal, state, county and city elected officials may also use city meeting and conference rooms for purposes other
than official business of the City of Chula Vista - subject to the terms of the city's policy regarding "official city
participation in politically motivated events"; after completing the application process; subject to room availability; and
per the meeting room "conditions of use".
Outside groups whose activities are formally sponsored by the city may also use city meeting and conference rooms -
affer completing the application process, subject to availability and per the "conditions of use".
The only other outside groups who may use city meeting and conference rooms are non-profit and governmental
organizations, hereafter referred to as "other approved outside groups". No other types of outside groups or entities will
be permitted to use any city meeting and conference rooms.
· Priority will be given to organizations and groups headquartered in Chula Vista, or whose membership is
composed of Chula Vista residents.
No charges or registration fees may be collected for admission to the meeting rooms. The sale of merchandise or
services of any type is also prohibited.
City business/events take precedence over those of any outside groups, and the city reserves the right to revoke or
change an outside group's meeting location, time or schedule.
When conducting city business, city staff, the city's elected officials and city-appointed comroissions and boards may
reserve meeting and conference rooms directly, without completing the formal application process. Exception:
Reservation of Council Chambers by any individual or group, for any purpose, must be made through the Office of
Communications which maintains the schedule for Council Chambers.
Federal, state or county elected officials, outside groups sponsored by the city, and other "approved outside groups"
who wish to use city meeting and conference rooms must apply to the City of Chula Vista's Office of Communications,
using the "Application for use of Meeting Room" and "Conditions of Use" forms. Only Office of Communications staff is
authorized to grant or deny permission to these groups. All other city staff/departments are directed to refer requests for
use of meeting and conference rooms by federal, state or county elected officials, outside groups sponsored by the city,
and other "approved outside groups", to the Office of Communications (619-691-5296).
Applications should be filed at least seven days, but not more than one year in advance of the meeting.
Meeting rooms will be allocated to approved groups on a first-ceme, first-served basis, subject to availability.
A representative of the organization (at least 18 years of age) must agree to sign the official application form and
conditions of use, accepting responsibility for the condition of the room, for city property and for the conduct of the
group.
The Office of Communications roust be notified of a cancellation at least 72 hours prior to the scheduled date. In the
event the City must cancel or relocate a scheduled meeting of an "approved outside group", every effort will be made to
notify the applicant at least 72 hours in advance.
The applicant will receive notice of approval or rejection of this application by telephone. If requested, a copy of the
approved application can be faxed or mailed to the applicant, or collected in person from the Office of Communications.
City of Chula Vista - 05/02/02
Meeti~?g Room Policy - Civic Center and Public Works Center
Attachment B
1 ) Federal, state or county elected officials and outside groups formally sponsored by the City of Chula Vista may use any
meeting/cenference room in the city's Public Services Building, Monday - Fdday, from 8 a.m. to 9 p.m., subject to
availability. Meeting rooms will not be made available to these groups on weekends, public holidays or other official
closure pedods.
2) "Other approved outside groups" (non-profit and governmental organizations) may only use conference rooms 2 and 3 in
the city's Public Services Building. The following schedule of availability applies:
· Monday, Wednesday, Thursday and Friday, 5:00 p.m. - 9:00 p.m.
· Meeting rooms will not be available on Tuesday evenings, due to City Council meetings.
· Meeting rooms will not be available du~ing rogular business hours (M - F, 8 a.m. - 5 p.m.), on weekends, on public
holidays or on other City Hall closure periods.
3) The maximum occupancy as posted in each conference room or specified below, must not be exceeded.
· Conference Room 1:24 people
· Conference Room 2:20 people
· Conference Room 3:22 people
· Conference Rooms 2 and 3 opened into one, large room: 49 people
· Council Chambers: 150 people
4) The Office of Communications (619-691-5296) must be notified of a cancellation by an outside group at least 72 houm
prior to a scheduled meeting date.
5) The organization using the room is responsible for pre-planning room set-up, prompt clean up and the removal of its
property at the close of the meeting. No city custodial staff will be made available to assist with these tasks. The
organization may be billed for the cost of custodial services if meeting rooms are not left in a clean and orderly state.
6) Each conference room is equipped with tables and chairs. Extra chairs are available from Conference Room 2. No other
furniture or equipment will be provided by the city.
7) No food or beverages may be served or consumed in the Council Chambers. Prepared food and non~alcoholic beverages
may be served in Conference Rooms 1, 2 and 3, however no kitchen facilities ara available.
8) Decorations or displays must be limited to those items that ara self-supporting, and on a floor or table that conforms to the
fire regulations. Nothing may be attached to the walls or ceilings of these rooms.
9) Alcoholic beverages may not be served at meetings.
10) Smoking is prohibited in these meeting rooms and inside all City Of Chula Vista buildings.
11 ) Children or student groups must have adequate supervision by a person of at least 18 years of age.
12) Admission to the meeting rooms must be free. No charges or registration fees may be collected. The sale of merchandise
or services of any type is also prohibited.
13) Authorized city personnel shall have the right to enter the premises at all times.
14) Neither the name nor address of the City of Chula Vista may be used as a mailing address or contact for organizations
meeting in these rooms.
15) Permission to use a meeting room is not transferable from one organization to another. Further, any change in the
authorized officer or in the subject of the program as indicated on the form must be reported immediately to the Office of
Communications (619-691-5296).
16)The City does not advocate or endorse viewpoints of meeting room users.
17)The City of Chula Vista reserves the right to revoke or change the organization's meeting location, time or schedule.
18) An authorized representative of the organization (at least 18 years of age) must agree to these conditions of use by
signing below, and must also complete and sign the "Application for Use of Meeting Room" form. By doing so, the
representative accepts responsibility for the condition of the room, for City property and for the conduct of the group. This
representative shall be liable for any loss or damage to City property sustained as a result of, or during, the organization's
use of the meeting rooms.
19) The applicant agrees to hold the City of Chula Vista, and all of its officers, agents and employees, at all times free and
harmless from and against any and all claims, demands, or judgments that may arise out of, and in connection with, or be
the result of any injury sustained or suffered by any person or persons while attending the above meeting, or while on the
premises of said building and grounds. The City of Chula Vista is not responsible for any lost or stolen property belonging
to meeting room users.
20) Failure to comply with any of these conditions may result in denial of future room use.
I hereby agree to the above conditions of use:
Signature of Authorized Representative: Date:
Print Name: Organization Name:
City of Chula Vista - 05/02/02
Meeti~g Room Policy - Civic Center and Public Works Center
CHULAVISTA
CONTACT INFORMATION
Name of Organization Requesting Room:
Category of Eligibility: [~ City-sponsored Group/Event FI Elected Official FI Government Agency r~ Non-profit
Name of authorized representative (must be at least 18 years of age):
Address:
Telephone: ( ) Fax: (_ ~)
Email:
I wish to receive notification of approval/denial of application via: r~ telephone r~ fax r3 email
MEETING INFORMATION
Date of meeting: Alternate date (if first choice is unavail):
Start time (set-up): End time (break-down):
Purpose of meeting:
Estimated number of attendees:
Note: Office of Communications must be notified at least 72 hours pdor to scheduled meeting, if purpose, dates or times
of meeting change after application is submitted. Any change could result in denial of room use.
ROOM(S) REQUESTED
Elected officials & city-sponsored groups only: Any eligible group:
Q Council Chambers 0 Conference Room 2
· Max. occupancy 150 people · Max. occupancy 20 people
· Dais and podium w/auditorium-style seating · Includes three, 6' tables and approx, thirteen chairs
r~ Conference Room 1 r~ Conference Room 3
· Max. occupancy 24 people · Max. occupancy 22 people
· Includes three, 6' tables and approx, twenty chairs · Includes three, 6' tables and approx, thirteen chairs
· Includes sink and counter area · Includes sink and counter area
Note:
All other conference rooms at the Civic Center complex and Public Works Center are restricted to use by city staff, city
elected officials and city-appointed commissions and boards.
Conference rooms 2 and 3 can be opened into a single room accommodating up to 49 people. Check both boxes if you wish
to use both rooms.
Groups reserving Council Chambers must also reserve the adjoining Conference Room 1 if they wish to serve food or
beverages. No food or beverages may be served in Council Chambers.
APplicant agrees to comply with the meeting room policy, conditions of use and application process:
Signature of Authorized Representative: Date:
(original signature required)
Submit completed application form to:
City of Chula Vista
Office of Communications
276 Fourth Avenue
Chula Vista, CA 91910
Tek 619-691-5296 Fax: 619-409-5448
City of Chula Vista - 05/02/02
Meetfi~g Room Poficy- Civ/c Center and Public Works Center
Attachment C
CITY OF CHULA VISTA
SUBJECT: LIBRARY- (NEW) - USE OF MEETING ROOMS POLICY EFFECTIVE
NUMBER DATE PAGE
856-01 11-26-74 I OF 3
ADOPTI~-l) BY: Minute Action [ DATED: 11-26-74
BACKGROUND
In order to prepare for public use of the conference rooms and auditorium in the new library facility, a Policy
for use of Public Rooms has been prepared indicating terms and conditions of their use.
Conference Rooms and auditorium in the Library building are primarily for the use of the Library itself for
programs and conferences related to its cultural and educational services. However, community organizations
may be granted approval to use a Library meeting room for programs shuilar to the Library's functions under
the following conditions:
1. Applications for use of meeting rooms must be filed, in writing, to the office of the Library Director who
is authorized to grant or deny permission for the use of Library meeting rooms. Application for the use
of meeting rooms must be filed in writing at least seven days, but not more than six months in advanc~
of the meeting. Such meetings must be scheduled at the convenience of the Chula Vista Library,
although the Library will make efforts to be accommodating within the constraints of the existing
schedule.
a. The application must be signed by an authorized officer of the organization who is at least 18 years
of age and is a resident of Chula Vista.
b. The organization must be headquartered in Chula Vista or irs membership must be composed
mainly of Chula Vista residents.
c. An authorized officer of the organization must agree to accept responsibility for the condition of the
room, for Library property, and for the conduct of the group.
d. The Library Directofs office must be notified of cancellation within 72 hours of the scheduled date.
In the event cancellation by the Library is necessary, every effort will be made to notify the
applicant at least 72 hours in advance.
e. The applicant will receive written notice of approval or disapproval of the application as soon as
possible.
f. A statement of the program for the meeting must be submitted with the request to use the facility.
g. Permission to use a meeting room is not transferable from one organization to another. Further,
any change in the authorized officer or in the subject of the program as indicated on the form must
be reported immediately to the office of the Library Director.
h. Children's or student groups must have supervision of a person at least 18 years of age.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: LIBRARY- {NE~O - USE OF MEETING ROOMS POLICY EFFECrIVE
NUMBER DATE PAGE
856-01 11-26-74 2 OF 3
Action [ DATED: 11-26-74
BY:
Minute
2. Approval is granted for a single meeting only. Library meeting rooms are not available for regularly
scheduled meetings of organizations or groups recurring at stated intervals and extending over a period
of time. These rooms are not suitable for recitals.
3. Admission to the meeting rooms must be free and open to the entire community as space permits. No
charges, fees, dues or regisu-ation fees or sale of merchandise of any type may be solicited or collected
at a meeting held in the library.
4. Meetings must be for educational, cultural and civic betterment. The meeting rooms and Library
facilities may not be used for meetings which are partisan, commercial or religious in their purpose or
aims.
Illegal or objectionable use of the Library's meeting rooms and facilities will not be permitted nor does
use of the facilities constitute endorsement of policies or beliefs of anyone using these facilities.
Permission may be granted to non-partisan organizations which do not endorse individual candidates or
political platforms to conduct meetings permitting free discussion of election issues, political theories, or
controversial matters provided all sides of a given issue are afforded equal time to present differing
5. Meeting rooms are available from 10:00 a.m. to 9:00 p.m. Monday through Wednesday and 10:00 a.m.
to 6:00 p.m. Thursday through Saturday.
6. The Library Director is responsible for supervision and management of these meeting rooms. The
Library Director, or authorized City personnel, shall have the right to enter the premises at all times.
7. Regulations governing use of conference rooms and auditorium are:
a. Smoking and alcoholic beverages are prohibited in the Library and its meeting rooms.
b. Decorations must be limited to those items which are self supporting and on a floor or table which
conform to the fire regulations. -
c. Nothing may be attached to walls or ceilings of these rooms.
d. The organization using a room is responsible for the prompt removal of its property at the close of
the meeting.
e. Occupancy of these rooms must be in agreement with regulations of the City Fire Marshal.
fi As limited kitchen facilities are available, serving of light refreshments is permitted.
COUNCIL POLICY
CITY OF CHULA VISTA
NUMBER DATE PAGE
856-01 11-26-74 3 OF 3
ADOI~I'ED BY: Minute Action [
DATED:
11-26-74
g. The Library is not responsible for equipment, supplies, mater/als, or other items owned by a group
or organization and used by them in the Library. Any group nor individuals using the Library
facilities shall be held responsible for all Library property involved.
8. Neither the name nor address of the Chula Vista Library may be used as a mailing address for
organizations meeting in these rooms.
9. Provisions of this policy may be waived or amended under special conditions only by the approval of the
City Manager or his designated agent.
Attachment D
._~vt~ CHULA VISTA PUBLIC I JBRARY
~ MEETING ROOM POLICY
CHUtA ~
· The Library's meeting room facilities at the Civic Center and South Chula Vista brauch libraries are open to
groups and organizations engaged in educational, cultural, intellectual or charitable activities.
· Library meeting roams are not available for regularly scheduled meetings of orgaulzations or groups recurring
at stated intervals and extending over a period of time. Approval may be granted for up to four meeting
times in a calendar year.
· Admission to the meeting rooms must be free and open to the entire community as space permits. No charges
or registration fees may be collected. The sale of merchandise or services of any type is also prohibited.
MEETING ROOM USE GUIDELINES
1. The Library's Meeting Room facilities may be used as follows:
Civic Center: Monday through Thursday 10:00 a.m. to 8:45 p.m.
Friday and Saturday 10:00 a.m. to 5:45 p.m.
Conference Room seating capacity is 26 persons
Auditorium seating capacity is 152 persons
South Chula Vista: Monday through Thursday 9:00 a.m. to 7:45 p.m.
Friday 9:00 a.m. to 5:45 p.m.
Saturday 10:00 a.m. to 3:45 p.m.
Conference Room A seating capacity is 25 persons
Multi-purpose Room B seating capacity, is 80 persons
2. No custodial staffassistance is available dttdng the scheduled meeting. The organization using the room is msponsit>le
for pre-planning and reserving room set-up time and prompt clean up and the removal of its property at the close
of the meeting.
3. Children under 18 must have adequate supervision by a person of at least 18 years of age.
4. Decorations or displays must be limited to those items, which are self-supporting, and on a floor or table which conform
to the fire regulations. (Nothing may be attached to the walls or ceilings of these rooms.)
5. Minimal kitchen facilities are available, however, alcoholic beverages may not be served at meetings scheduled through
this application process.
6. Smoking is prohibited in the Library and its facilities.
7. Illegal use of the Library's facilities is not permitted.
8. The Branch Manager or authorized City personnel shall have the right to enter the premises at all times.
9. Neither the name nor address of the Chula Vista Public Library may be used as a mailing address or contact for
organizations meeting in these rooms.
10. Permission to use a meeting room is not transferable fi.om one organization to another. Further, any change in the
representative or in the subject of the program as indicated on the application must be reported immediately to
the Branch Library.
11. The Library does not advocate or endorse the viewpoints of meeting mom users.
12. Provisions of this policy may be waived or amended under special conditions only by appmvai of the Library Director
or his designated agent.
13. The applicant agrees to hold the City of Chula Vista, the Library Trustees, including each and ail of their respective
officers, agents and employees, at ail times free and harmless from any and all claims, demands, or judgements that
may arise out of, and in connection with, or be the result of any injury sustained or suffered by any person while
attending the above meeting; or while on the premises of said building and grounds.
14. Failure to comply with any of the guidelines may result in the denying of future requests for room use.
APPLICATION PROCESS
1. Applications for use of meeting rooms must be filed, in writing, at the Branch Library (Civic Center or South Chnla Vista).
The Branch Manager is authorized to grant or deny permission for the use of the Library meeting room.
2. If there are special set-up requirements they must be included with the submission of this application.
3. Applications should be filed at least seven days, but not more than one year in advance of the meeting.
4. Priority will be given to organizations and groups headquartered in Chula Vista or whose membership is composed of
Chula Vista residents.
5. A representative of the organization (at least 18 years of age) must agree to sign this application and accept responsibility
for the condition of the room, for Library property and for the conduct of the group.
6. The Branch Library must be notified of a cancellation within 72 hours of the scheduled date. In the event the Library must
cancel a scheduled meeting every effort will be made to notify the applicant at least 72 hours in advance.
7.The applicant will receive notice of approval or disapproval of this application by phone call within 72 hours of submittal
of the application.
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING A COUNCIL POLICY FOR
MEETING ROOM USE AT THE CIVIC CENTER AND PUBLIC
WORKS CENTER AND RESCINDING COUNCIL POLICY 856-01
REGARDING THE USE OF MEETING ROOMS IN THE LIBRARY
AND ESTABLISHING AN ADMINISTRATIVE POLICY
REGARDING THIS USE
WHEREAS, when the civic Center Branch Library opened in
1976, practically the only public meeting rooms in a City owned
building, were those at the library; and
WHEREAS, as a result, Council approved a Council Policy
856-01 to govern public use of those spaces; and
WHEREAS, throughout the last 26 years, other city
facilities have been built with public meeting rooms, including
the Public Services Building, Norman Park Center, the Nature
Center and now the new Public Works Center; and
WHEREAS, there is no formal policy for use of the
meeting rooms at the Civic Center while the Recreation Department
and Nature Center have established administrative policies; and
WHEREAS, the accompanying resolutions would rectify the
confusion by establishing a Council Policy for use of meeting
rooms at the civic Center and Public Works Center - facilities
housing multiple departments. It would also rescind the Council
Policy governing use of the meeting rooms at public libraries and
allow the Library Department to establish an administrative
policy similar to the process used by the Recreation Department
and the Chula vista Nature Center.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby establish a Council policy for
meeting room use at the civic center and public works center and
rescind Council policy 856-01 regarding the use of meeting rooms
in the library and establishing an administrative policy
regarding this use.
4-1/
Presented by
Approved as to form by
f/ðUl ~h--¡b~
John M. Ka eny
city Attorney
David Palmer
Deputy City Manager
J:\Attorney\RESO\Council Policy for civic Center.DOC
2
4-1..J-
COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE ~lay 14, 2002
ITEM TITLE: RESOLUTION Amending the FY 2001/2002 City Attorney's
Budget and the Human Resources Budget appropriating funds therefor
SUBMITTED BY: City Attorney
REVIEWED BY: City Manager'~ (4/5th Vote: Yes x~ No.
RECOMMENDATION: Approve the Resolution.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: During Fiscal Year 2001/2002, the City Attorney's Office and its
Litigation Division have been involved in the defense and prosecution of an unusually high
number of very complex lawsuits and prelitigation matters. These matters include not only the
defense of actions brought against the City, but also the unanticipated prosecution of actions
resulting in the successful recovery of funds/fines in excess of $200,000. The volume and
magnitude of such matters have not only been greater than normal, but have also involved
specialized and highly technical issues (i.e., construction delay, design/installation and defect
matters; environmental issues; development and land use matters; etc.), requiring an additional
expenditure of $100,000.00.
In addition, for the past eight years, Ms. Peggy McCarberg, Esq., has assisted the Office of the
City Attorney on an hourly basis on a myriad of land use, planning and engineering issues. Due
to the volume and significance of such issues facing the City in the current fiscal period it has
been necessary to utilize Ms. McCarberg's expertise more than anticipated, requiring an
additional expenditure of $25,000.00.
Further, the public liability program of the Human Resources Risk Management bas incurred
unanticipated defense costs for the fiscal year and it is necessary to appropriate additional funds
in the amount of $475,000.00 in which to cover these expenses.
Based upon the above, it is now necessary to appropriate additional funds in total of $600,000.00
to cover the unanticipated expenses to continue normal operations through the end of the fiscal
year.
FISCAL IMPACT: Upon Council authorization, a total of $125,000.00 will be appropriated
from the General Fund balance to the City Attorney's Budget and $475,000.00 will be
appropriated from the General Fund balance to the public liability program in the Human
Resource's Risk Management Division Budget.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 2001/2002 CITY
ATTORNEY'S BUDGET AND HUMAN RESOURCE'S
BUDGET APPROPRIATING FUNDS THEREFOR
WHEREAS, during fiscal year 2001-2002, the City Attorney's Office and its Litigation
Division have been involved in the defense and prosecution of very complex lawsuits against the
City; and
WHEREAS, the volume of litigation has not only been heavier than normal, it has also
involved very complex lawsuits and prelitigation matters; and
WHEREAS, these lawsuits require expenditures to defend the City through the use of
outside counsel and highly specialized expert services beyond "normally" expected litigation
costs; and
WHEREAS, these lawsuits have also resulted in the expected successful recovery of
funds/fines in excess of $200,000.00; and
WHEREAS, it is now necessary to appropriate additional funding of $125,000.00 for the
Litigation Department Budget of the City Attorney's Office to continue normal operations
through the end of the fiscal year; and
WHEREAS, it is now necessary to appropriate additional funding of $475,000.00 for the
Public Liability Defense Budget of the Human Resource Department to continue normal
operations through the end ofthe fiscal year; and
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City ofChula Vista
does hereby amend the Fiscal Year 2001/2002 City Attorneys' Budget by appropriating
$125,000.00 from the General Fund balance in the amount of$125,OOO.00.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City ofChula Vista
does hereby amend the Fiscal Year 2001/2002 Human Resource's Budget by appropriating
$475,000.00 from the General Fund balance in the amount of $475,000.00.
Presented by and approved as to form by
.c:.. ,,-0
. Kaheny, City Attorneð
6-' ..2.....,
COUNCIL AGENDA STATEMENT
ITEM ~
MEETING DATE 5/14/02
ITEM TITLE: RESOLUTION Appropriation of $850,000 from the General Fund
to the Budget of the Risk Management Division of the Human Resources
Department for payment of settlement and related expenses
SUBMITTED BY: City Attorney
REVIEWED BY: City Manage;~ (4/5th Vote: Yes x~ No.
RECOMMENDATION: Approve the Resolution.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: Settlement has been reached in the matter of Tuchscher vs. City of Chula
Vista, Superior Court, County of San Diego, Case No. GIC 758620 in the amount of $850,000.
In order to finalize this settlement the City Council must approve the necessary appropriation.
FISCAL IMPACT: Upon Council authorization, a total of $850,000 will be appropriated
from the General Fund to the Budget of the Risk Management Division of the Human Resources
Department.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA FOR APPROPRIATION OF $850,000 FROM
THE GENERAL FUND TO THE BUDGET OF THE RISK
MANAGEMENT DIVISION OF THE HUMAN RESOURCES
DEPARTMENT FOR PAYMENT OF SETTLEMENT AND
RELATED EXPENSES
WHEREAS, a settlement has been reached in the matter of Tuchscher vs. Citv of Chula
Vista, Superior Court, County of San Diego, Case No. GIC 758620; and
WHEREAS, it is now necessary to appropriate funds of $850,000 for the settlement and
related expenses; and
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City ofChula Vista
does hereby approve the appropriation of $850,000 from the General Fund to the Budget ofthe
Risk Management Division of the Human Resources Department for the settlement and related
expenses.
Presented by and approved as to form by
~-.L
CITY COUNCIL AGENDA STATEMENT
Item No. ~
Meeting Date: 5/14/02
ITEM TITLE: PUBLIC HEARING; PCS-02-08; Tentative Subdivision Map known as San
Miguel Ranch Lot 5, Chula Vista Tract 02-08; involving 107 single family
lots on 22.39 acres located in the San Miguel Ranch Planned Community at
the northwest comer o£ Mount Miguel Road and Proctor Valley Road -
Pardee Homes.
SUMITTED
BY: Director o£Plarming and Building(~._.
City Manager~ I)~ (4/5ths Vote: Yes _- No X~
REVIEWED
BY:
This item was advertised for the Planning Cormxaission hearing of April 24, 2002 and City
Council hearing of May 14, 2002. Prior to the Planning Commission hearing, the Planning and
Building Department received letters from the Developer, Pardee Homes, requesting a 30 day
time extension of the hearing, and comments on the draft Tentative Map conditions of approval.
In order to finalize the draft conditions of approval prior to the Planning Commission hearing,
that hearing was continued to May 8, 2002. Staff and the developer have subsequently agreed to
the conditions of approval and the Planning Commission hearing has been held. This item must
now be continued to the City Council hearing of May 28, 2002 to allow staff to prepare the item
for City Council consideration.
RECOMMENDATION: That the City Council open the public hearing and continue the item
to May 28, 2002.
COUNCIL AGENDA STATEMENT
Item: ~
5/14/02
ITEM TITLE: RESOLUTION APPROVING AMENDMENT TO THE
RESTATED AMERICAN MEDICAL RESPONSE
AGREEMENT FOR BASIC AND ADVANCED LIFE
SUPPORT AMBULANCE SERVICE
SUBMITTED BY: Fire Chief~:)~
REVIEWED BY: City Manager ~ (41$ths Vote: Yes_No X_)
The City entered into an agreement with American Medical Response (AMR) for
Basic and Advanced Life Support Ambulance Service. This agreement
commenced on November 1, 1998. Council approved the first of three extensions
of the agreement in order to explore the possibility of renewing the agreement for
an additional three years. Staff has since successfully negotiated a three year
extension of the agreement with AMR.
RECOMMENDATION: That Council approve amendment to the restated
American Medical Response Agreement for Basic and Advanced Life Support
Ambulance Service.
BOARDSICOMMISSlONS RECOMMENDATION: N/A
DISCUSSION
The City is authorized by Government Code Section 38794 and Municipal Code
sections 5.10.310-5.10.340 to contract for ambulance services. Since 1989 the
City has contracted with American Medical Response (formerly know as Hartson
Medical Services) for the provision of Advanced Life Support emergency and
non-emergency services. A three-year extension to the existing agreement with
American Medical Response (AMR) was approved by the City Council on May
19, 1998. Council approved three additional extensions of the agreement in
order to explore the possibility of renewing the agreement for an additional three
years with AMR.
After evaluation of the alternative system (San Diego ALS system) for ALS
services, staff concluded that the City receives the highest level of service at the
lowest cost by participating in the Exclusive Operating Area (EOA) first responder
system, which responds to all emergencies originated in the 9-1-1system. The
Exclusive Operating Area adopted by the County of San Diego includes the City
of Chula Vista, Bonita/Sunnyside Fire Protection District, and the City of Imperial
Beach. Staff has successfully completed contract negotiations with American
Medical Response (AMR). As part of the evaluation of current services, staff
evaluated the costs and level of services in other area jurisdictions as shown on
Attachment 1. In reviewing this data staff concluded that Chula Vista's rates are
the County's lowest of any non-subsidized provider. Furthermore, AMR has
maintained service and performance levels and provided the City with excellent
service without disruption on a regular basis since inception of the original
contract. The service provider is also familiar with Chula Vista procedures,
hospitals, demographics and protocols. On this basis, staff concluded
participation in the current system provides for ALS service to Chula Vista
residents at the most cost effective rate. As such, staff has successfully
completed contract negotiations with American Medical Response (AMR) and
recommends Council approval.
The following is a summary of key components in the formal agreement for the
provision of Advanced Life Support Services to be provided by AMR:
Services
AMR will provide pre-hospital Advance Life Support (ALS) and Basic Life Support
(BLS) emergency medical care and transport services in response to medical
calls for service received through 9-1-1 and/or public dispatch and
communication centers within the service area. The service will be provided
twenty-four hours each day, seven days a week without interruption and without
regard to the patient's financial status.
AMR will meet a maximum response time of 10 minutes for 90% of all ALS
emerg~ency calls dispatched for each service area. Calls designated, as BLS will
be responded to within 20 minutes for 90% of the calls dispatched in the service
area.
Transport Ambulances
At minimum AMR will provide four, Type III ALS Capable ambulances, operating
24 hours per day in addition to a ALS ambulance operating 12 hours per day to
be located within the EOA.
All ambulance units will be equipped and staffed at all times to meet ail state and
county laws and regulations affecting the service area. AMR will operate and
maintain all ambulances and equipment in a manner that will not endanger life or
property and in accordance with federal, state, and local laws, ordinances,
regulations, resolutions policies, procedures and protocols.
Staffing
AMR will guarantee minimum staffin9 levels on all units assigned to the EOA 24
hours per day for 365 days a year.
AMR agrees to employ Paramedics who meet and exceed state and county
licensing and certifications requirements.
Fee Schedule
The current base rates in Chula Vista are** $365.00 for Advanced Life Support,
$11.66 for mileage and $51.64 for oxygen. AMR is authorized to bill patients
transported originating as medical calls for service through 9-1-1 and/or public
dispatch. AMR will operate a billing and accounts receivable system that is well-
documented, easy to audit, and which minimizes the effort required of patients to
recover funds from third party sources. AMR will provide quarterly and annual
reports to the City. Base rate charges for the period ,July 1, 2002 until June 30,
2003 are guaranteed as follows:
CHARGE BONITA CHULA VISTA IMPERIAL
BEACH
ALS Emergency $465.00 $465.00 $500.00
Base Rate
Mileage Rate/mile $16.50 $16.50 $16.50
or portion
Oxygen Charge $ 60.00 $ 60.00 $ 65.00
Night Charge $ 60.00 $ 60.00 ! $ 65.00
Treatment Only $150.00 $150.00 $150.00
For each of the two contract years July1, 2003 (year 5) to June 30, 2005 (year 6),
the Primary Rate components may be increased at AMR's discretion by an
amount not to exceed 5% per year. If the City exercises its option to extend the
agreement for years 7 through 9, or 9 through 12, AMR agrees to meet and
confer with the City for the purpose of negotiating limitations on maximum rate
increases in those years.
Term of Agreement
The amended agreement will commence on June 1, 2002 (year 4). The
agreement will terminate at midnight, July 30, 2005, unless extended as provided
in the agreement.
Renewal Provisions
This agreement may be extended for two additional periods of three years each
at the City's option, in its sole discretion. The City will exercise its option to
extend by sending written notice to AMR of its intent by no later than six months
prior to the expiration of the agreement. If the City fails to notify AMR of its intent
then AMR shall notify the City in writing of its desire to extend or not to extend
the agreement. The City will have 30 days from receipt of notice to respond.
Termination
The City may terminate this agreement if AMR's license to operate ambulances
by the State is revoked or suspended or for cause. AMR will have the right to
terminate this agreement at the beginning of years 7 or 10 should both parties fail
to come to an agreement on basic rate charges.
Insurance
AMR will maintain at all times a policy of insurance by an insurance carrier
acceptable to the City against loss from public and automobile liability arising
from any operation and activity of AMR, its agents and employees.
Hold Harmless
AMR will indemnify, protect, defend and hold harmless the participating agencies
and its officers, agents, and employees from and against all claims, damages,
losses and expenses, including attorney's fees and other costs of defense,
arising out of or resulting from the performance by AMR of services specified in
this agreement or caused by third party by intention or negligent act or omission
of AMR and any subcontractor.
FISCAL IMPACT
The fees for ALS service in Chula Vista are paid by the users of the system;
there is no direct fiscal impact to the City.
Attachment 1 - Emergency Ambulance Rates
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RESOLUTION NO.
APPROVING AMENDMENT TO THE RESTATED AMERICAN MEDICAL
RESPONSE AGREEMENT FOR BASIC AND ADVANCED LIFE
SUPPORT AMBULANCE SERVICE
WHEREAS, the City entered into an agreement with American Medical
Response (AMR) for Basic and Advanced Life support ambulance Service on
November 1, 1998; and
WHEREAS, Council approved three extensions of the agreement in order
to explore the possibility of renewing the agreement for an additional three years;
and
WHEREAS, staff has successfully negotiated a three year extension of
the agreement with AMR; and
WHEREAS, AMR has maintained service and performance levels and
provided the City with excellent service without disruption on a regular basis
since inception of the original contract; and
WHEREAS, the service provider is familiar with Chula Vista procedures,
hospitals, demographics and protocols; and
WHEREAS, participation in the current Exclusive Operating Area (EOA)
system provides for Advanced Life Support (ALS) service to Chula Vista
residents at the most cost effective rate; and
WHEREAS, Chula Vista's rates are the County's lowest of any non-
subsidized provider; and
WHEREAS, base rate charges for the period July 1, 20002 until June 30,
2003 are guaranteed as follows:
CHARGE BONITA CHULA VISTA IMPERIAL
BEACH
ALS Base Rate $465.00 $465.00 $500.00
BLS Base Rate $406.00 $406.00 $406.00
Mileage Rate/mile $16.50 $ 16.50 $ 16.50
or portion
Oxygen Charge $ 60.00 $ 60.00 $ 65.00
Night Charge $ 60.00 $ 60.00 $ 65.00
Treatment Only $150.00 $150.00 $150.00
jOb
WHEREAS, this agreement will commence on June 1, 2002 and terminate
at midnight July 30, 2005 unless extended as provided in this agreement; and
WHEREAS, the agreement may be extended for two additional periods of
three years each at the City's option, in its sole discretion; and
WHEREAS, AMR will maintain at all times a policy of insurance by an
insurance carrier acceptable to the City; and
WHEREAS, AMR will indemnify, protect, defend and hold harmless the
participating agencies and its officers, agents, and employees from and against
all claims, damages, losses and expenses, including attorney's fees and other
costs of defense, arising out of or resulting from the performance by AMR of
services specified in this agreement or caused by third party by intention or
negligent act or omission of AMR and any subcontractor.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby approve amendment to the restated American Medical
Response Agreement for Basic and Advanced Life Support Ambulance Service.
Presented by:
(-)
,~
Approved as to form by:
¡:;DQ
Jo n . Kaheny
City Attorney
f7
DRAFT
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
A TTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
{be-
Dated: S - 8 - Oa--
Amendment to the Restated American Medical Response Agreement for
Basic and Advanced Life Support Ambulance Service
¿;-I
DRAFT
AMENDED AND RESTATED AGREEMENT FOR BASIC AND
ADVANCED LIFE SUPPORT AMBULANCE SERVICES
This AMENDED AND RESTATED AGREEMENT FOR BASIC AND
ADVANCED LIFE SUPPORT AMBULANCE SERVICE ("Agreement") is
entered into effective as of June 1, 2002 ("Effective
Date"), by and between the CITY OF CHULA VISTA, a municipal
corporation, herein called "CITY," together with Imperial
Beach Fire Department and Bonita/Sunnyside Fire Protection
District (collectively UParticipating Agencies") and
LAIDLAW MEDICAL TRANSPORTATION, INC., a Delaware
corporation, dba AMERICAN MEDICAL RESPONSE, herein called
IIAMR" i
WITNESSETH
A. WHEREAS, within the City of Chula Vista,
there is a public health and safety need for
effective and efficient basic and advanced
life support emergency and non-emergency
ambulance services; and
B. WHEREAS, various studies and actual practical
experience have clearly demonstrated that
communities of the approximate size and
population of Chula Vista are best assured of
receiving the highest level of emergency and
non-emergency ambulance transportation
services at the lowest cost to the consumer
where service calls are originated through
the 911 system if said services are delivered
by a single, competent provider on an
exclusive basis; and
C. WHEREAS, the City is authorized by Government
Code Section 38794 and Municipal Code
Sections 5.10.310-5.10.340 to contract for
ambulance services as public convenience
requires; and
D. WHEREAS, pursuant to Health and Safety Code
Section 1797.224, the County of San Diego has
adopted a plan, in which it has designated an
"exclusive operating area (EOA) " defined as
that part of San Diego County generally-known
as the City of Chula Vista, Bonita/Sunnyside
1/-9
Fire Protection District,
Imperial Beach, for which
empowered to contract; and
and
EOA
the
the
City
City
of
is
E.
WHEREAS, the City of Chula Vista Fire
Department participates in the EOA's first
responder system responding to all
emergencies originated in the 911 system; and
F. WHEREAS, on May 9, 1989, City and Med-Trans,
dba Hartson Medical Services, which has since
been acquired by AMR, entered into an
agreement for the provision of basic and
advanced life support and emergency and non-
emergency service; such agreement was amended
on November. 26, 1996 (as amended, the
"Original Agreement"); and
G. WHEREAS, the parties desire to amend and
restate the Original Agreement with this
Agreement on the terms and conditions set
forth herein.
NOW, THEREFORE, in consideration of the mutual
promises herein contained and for other good and valuable
consideration, receipt of which is hereby acknowledged, the
parties agree as follows:
1. SERVICES
AMR shall, without cost to PARTICIPATING AGENCIES, perform
the following services to the satisfaction of
PARTICIAPATING AGENCIES:
1.1 Provide pre-hospital Advanced Life
Support (ALS) and Basic Life Support (BLS)
emergency medical care and transport services in
response to medical calls for service received
through 9-1-1 and/or public safety dispatch and
communication centers for calls within the EOA,
twenty- four (24) hours each day, seven days a
week without interruption, without regard to the
patient's financial status.
1.2
AMR shall meet a maximum
minutes for 90% of all
dispatched for each Service
response time
ALS emergency
Area.
of 10
calls
2 .i~ID
1.3 AMR shall respond to all calls downgraded to BLS
calls within 20 minutes for 90% of the calls
dispatched for each Service Area.
1.4 Response time shall be calculated from the time
that a dispatch is received by AMR for the first
dispatched ambulance until the time that the
first ambulance arrives on the scene or at the
designated staging area as designated by the
incident commander. If an ALS call is downgraded,
the above maximum response time shall not apply;
however, AMR shall be responsible for responding
to such a downgraded call as is required for a
BLS response.
1.5 At a minimum AMR shall provide 4 (four), Type III
ALS capable ambulances, operating 24-hours per
day; and an additional Type III, ALS ambulance
operating 12-hours per day, normally posted
within the EOA.
1.6 Only Advanced Life Support responses shall be
rendered in direct response to calls for medical
emergencies originating from the 911 System or
requests from public safety dispatch and/or
communications centers.
1.7 Participate in disaster preparedness training
with EOA personnel. This training shall be in
accordance with San Diego County and EOA
disaster plans and consist of two training
sessions and participation in two exercises per
year in order to ensure effective coordination
between AMR and EOA employees during disaster
operations. AMR shall make a reasonable effort
to provide a supervisory level liaison to
Service Emergency Operations Center, when it is
activated, for the purposes of coordinating
emergency medical operations for the EOA.
1.8 Provide a telephone "Hot Line" between AMR and
the Fire Dispatch Center and the installation of
equipment in AMR vehicles to allow two-way radio
communications between AMR ALS and BLS units and
EOA Fire Departments on approved frequencies.
All AMR dispatch
electronically on a
data
shall
be captured
basis with a
"real-timell
3 Ç-//
computer system capable of providing
to CITY in respect to address,
dispatch, response, arrival and unit
information
times of
identifier.
1.9 Participate in EMS system activities including
development and operation of automatic and
mutual aid agreements, disaster drills,
paramedic ride-alongs, paramedic intern
training, and continuing education programs. AMR
also agrees to attend and participate in
meetings called at reasonable frequencies by the
CITY for the purpose of planning and
coordinating EMS service.
1.10 Provide
herein:
a
complaint
procedure
as
outlined
Whenever a complaint is received, regardless of
whether from a health care agency, public safety
agency, a patient, or the general public, an
Incident Report Form shall be completed. The
field supervisor shall conduct the initial
investigation with emphasis placed on
identification of potential system failures and
deficiencies, recommendations for short and long
range corrective actions, and the documentation
of facts for future review and reference.
Whenever possible,
response shall be
management team.
an
made
immediate face-to-face
by a member of AMR' s
All documentation on complaints and criticisms
shall be maintained for at least three (3) years
and a copy forwarded to appropriate
PARTICIPATING AGENCY within 30 days of
resolution or in a case where no resolution is
reached, the City Manager of the PARTICIPATING
AGENCY or his or her designee shall be notified
within two (2) business days of determining that
the matter is not resolvable.
1.11 AMR shall re-supply the Fire Departments of
PARTICIPATING AGENCIES with medical supplies and
related emergency medical equipment, including
Personal Protective Equipment and disposable
semi -automatic def ibrillator suppl ies contained
within the list of equipment and supplies
4 ,(I)"'"
described in Exhibit "Au, up to a maximum cost
("Maximum Resupply Obligation") per fiscal year
(July through June) .
a. Beginning July 1, 2002, the Maximum Resupply
Obligation shall be $11,000. AMR's Maximum
Resupply obligation shall be increased each
fiscal year thereafter by 10% per year, not
to exceed $16,000 for any fiscal year during
the term of this agreement or subsequent
extensions.
b. The ratio of the resupply amount shall
correspond, on a pro rata basis to the
percentage of calls for service for each
PARTICIPATING AGENCY.
c. The cost of the items supplied by AMR shall
be determined by the actual invoice cost to
AMR. City shall be provided with an
appropriate statement on a monthly basis
from AMR detailing supplies PARTICIPATING
AGENCIES have received through this process
and the cost assigned to same. In no event
shall AMR' s obligation hereunder exceed the
actual cost of PARTICIPATING AGENCIES' re-
supply needs.
d. AMR shall clearly label all items delivered
to the PARTICIPATING AGENCIES and to
provide, with the initial order, "Material
Safety Data Sheets" for any new items added
to the PARTICIPATING AGENCIES' use or
inventory.
e. In the event that changes in federal, state
or local regulations require additional
Personal Protective Equipment or other
medical equipment or supplies in support of
emergency Medical Services operations,
and/or if AMR and City, by mutual consent
agree to utilize new equipment in the field
to enhance patient care, and the Maximum Re-
supply Obligation by AMR is thereby caused
to be exceeded for a given fiscal year, the
parties agree to negotiate in good faith to
adjust the maximum limits of AMR's
contribution.
..<. '.
.
5
f/3
1.12 Properly transport and dispose of all
biological/medical waste material used in
patient care by PARTICIPATING AGENCIES pursuant
to this agreement.
1.13
Provide all ambulances, as
vehicles and equipment that
for the provision of services
this Agreement (including
lubricants, maintenance,
repairs/replacement) .
well as other
are necessary
required under
all fuel,
insurance, and
1.14 Provide standby ambulance support to the Fire
Department of PARTICIPATING AGENCIES at major
emergencies as determined appropriate and
necessary by PARTICIPATING AGENCY's incident
commander. Exemptions shall be granted to AMR
for calls received within the response area for
the unit assigned to such incidents during the
time that unit is committed. Additionally,
calls that can be shown to be exceptions because
of the deployment of this resource, may also be
granted exempt status from response time
compliance.
1.15 To participate in disaster preparedness planning
and training activities carried out by the
Agencies within the EOA and the County of San
Diego. AMR is not responsible for providing
medical supplies or equipment for such
activities.
1.16 Comply with all training requirements
established by the State of California, and all
applicable policies and provisions established
by the San Diego County Emergency Medical
Services Division (SDCEMSA)
1.17
Maintain
appearance
facilities.
neat,
of all
clean, and
personnel,
professional
equipment, and
2. SYSTEM REQUIREMENTS
2.1 All ambulance units must be equipped and staffed
at all times to meet all state and county laws
and regulations affecting service delivery. AMR
shall operate and maintain all ambulances and
equipment in a manner that will not endanger
6
f/Jj
life or property, and in accordance with all
existing and future federal, state, and local
laws, ordinances, regulations, resolutions,
policies, procedures, and protocols applicable
to AMR's performance pursuant to this Agreement.
AMR shall maintain Primary Type-III Modular ALS
units within the EOA in accordance with
practices in effect as of the Effective Date.
2.2 Staffing. For all requests for service received
through the 9-1-1 system and/or public safety
dispatch and communication centers for calls
within the Service Area, AMR shall ensure that,
at a minimum, the staffing requirements of
SDCEMSD or other appropriate successor in
interest with appropriate authority, will be met
at all times. In furtherance of this requirement:
a. AMR shall guarantee minimum staffing levels
on all units assigned to the EOA 24
hours/day, 365/days a year.
b. Such staffing levels shall be mandatory and
employees needed for such staffing shall not
be released until such time as minimum
staffing levels can be maintained.
2.3 AMR agrees to employ Paramedics who meet and/or
exceed all state and county licensing and
certification requirements. AMR will ensure that
all emergency personnel meet the continuing
education requirements specified by San Diego
County.
2.4 AMR shall notify PARTICIPATING AGENCIES
immediately whenever any condition exists which
adversely affects delivery of satisfactory
emergency medical services to the EOA. For
purposes of this paragraph, notification of
Heartland Fire Communications facility shall be
deemed appropriate notification.
2.5 Other County-permitted providers' ambulances and
personnel may be used for 9-1-1 pre-hospital
emergency medical care and transport only in
accordance with County policy and with approval
of AMR.
7 ¿--Ie'
2.6 When it becomes necessary to use other providers
to assist in responding to 9-1-1 calls, AMR
shall include such incidents in the monthly
report.
2.7 AMR is responsible for assuring that its
ambulances are staffed and equipped in
accordance with County policy and the terms of
this Agreement.
2.S
AMR shall
other EMS
development
the system.
participate in and cooperate with
System entities in furthering the
of and enhancing capabilities within
2.9 City acknowledges AMR's responsibility to inform
each Agency it contracts with of the
requirements contained in the Health Insurance &
Portability Act of 1996 regarding
confidentiality of patient records. The
PARTICIPATING AGENCIES agree to uphold the law
with regard to the confidentiality of patient
records and bear the costs of any violation of
patient confidentiality by their respective
employees.
2.10 A minimum of semi-annual operations meetings for
this EOA shall take place. Those present shall
include representatives from AMR and
representatives from each PARTICIPATING AGENCY.
These meetings will take place to review monthly
response time reports, and to discuss any other
issues involving this contract or operations.
3. Response Time Performance.
System response times are a key measurement of
performance. This measurement is the determining
factor which drives the placement and redeployment of
the system's resources throughout the entire system.
3.1
Each incident will be counted
response regardless of the number
respond.
as a single
of units that
3.2
AMR shall
variations
performance.
use
or
its best efforts
fluctuations in
to minimize
response time
SF/0
3.3 AMR shall not be held accountable for response
time compliance for any request for service
outside the EOA. Responses to requests for
service outside the EOA will not be counted in
the number of total calls used to determine
response time compliance under this Agreement.
3.4 Compliance Reporting: AMR shall file a report of
response time compliance on the following basis:
a.
For the City of Chula
response time compliance
on a monthly basis.
Vista,
shall
reports of
be submi t ted
b. For the City of Imperial Beach and the
Bonita/Sunnyside Fire Protection District, a
report combining the City of Imperial Beach's
and the Bonita/Sunnyside Fire Protection
District's response times shall be submitted
on a monthly basis.
c. The form and format of such reporting shall
approximate the form attached hereto as
Exhibit "B" , which from time to time may be
amended with agreement of the parties, and
shall be filed within 10 days of the end of
the previous month.
3.5 Response Time Exemptions - It is understood that
unusual circumstances beyond AMR's reasonable
control can induce response times that exceed the
aforementioned standards. These unusual
circumstances include only unusually severe
weather conditions, disaster, sudden and
unexpected street closures or accidents that
materially alter traffic patterns, or unusual
periods of very high demand upon the system.
Equipment failure, traffic collisions not
involving the responding ambulance, or lack of a
nearby ambulance shall not furnish grounds for
release from general response time standards. If
AMR feels that any run or group of runs should be
exempt from response time standards due to
unusual circumstances beyond AMR's reasonable
control, AMR may request that these runs be
excluded from response time performance
calculations. Each PARTICIPATING AGENCY shall
9 P·I?
determine the granting of exemptions within its
Service Area. If the PARTICIPATING AGENCY
concurs that the circumstances do fit the
contract's exemption criteria, it shall allow
such exemptions in calculating overall response
time performance.
a. Each request for exemption will be
accompanied by a completed "Exception Inquiry
Form" attached hereto as Exhibit "C", which
from time to time may be amended with the
agreement of the parties, and shall be filed
within 10 days of the end of the previous
month.
b. The Participating Agencies will have 10 days
from the receipt of the requested exemptions
in which to notify AMR as to whether the
requested exemptions have been granted or
denied.
3.6 Reassignment En Route. If a responding ambulance
is reassigned en route from a first call to second
call prior to arrival at the incident location,
the response time clock will not stop on the first
call until the arrival of an appropriately
staffed ambulance on the scene of the first call.
a. Separate code classifications and response
time measurements will be kept on each call.
b.
AMR is
response
diverted.
expected to
times for
meet the
the calls,
applicable
even when
3.7 Notwithstanding any other provision within this
Agreement, the ALS Ambulance may be canceled en
route or down graded by dispatch, or anyon-duty
paramedic, EMT, or public safety officer at the
scene consistent with San Diego County medical
protocols.
3.8 Cancellation of Calls. Calls cancelled prior to
the arrival of an ambulance on scene, shall not be
included in determining monthly response time
compliance, but will be noted in the monthly
report.
10 f·11
.._-~--
Penalties for Response
event AMR fails to meet
in any Service Area AMR
follows:
Time Non-Compliance: In the
the Response Time requirements
shall be accessed penalties as
4.
4.1
4.2
If AMR fails to meet the
after exemptions (if any)
shall add an additional 6
per day to the EOA.
Response Time Criteria,
have been granted, AMR
ALS Type III unit-hours
These additional unit-hours described
paragraph 4.1 shall remain in place until
time and AMR has maintained response
compliance for two consecutive months.
in
such
time
4.3 Notwithstanding paragraph 4.1, in the event that
AMR has 9 or more ALS calls for service in one
calendar month with response times of 20 minutes
or longer, the following penalty shall apply:
AMR shall add an additional 8 ALS Type III unit-
hours per day to the EOA for two months.
4.4
These additional
paragraphs 4,1 and
within 7 days of the
compliance.
unit-hours described in
4.3 shall be implemented
final determination of non-
5. FEE SCHEDULES
AMR shall operate a billing and accounts receivable
system that is humane, well-documented, easy to audit,
and which minimizes the effort required of patients to
recover funds from third party sources for which they
may be eligible. AMR shall be able to provide quarterly
and annual reports as specified by CITY.
5.1 AMR is authorized to bill patients transported on
calls originating as medical calls for service
through 9-1-1 and/or public safety dispatch and
communication centers according to AMR's fee
structure attached as Exhibit "D", which may be
modified from time to time as described in
Subparagraphs below. Patients billed shall be
provided with varied payment options.
5.2
Rates charged for
Night Charges and
{"Primary Rate
Base Rate, Oxygen, Mileage,
Treatment only (No Transport)
Components") shall not be
11 FlY
increased above those set forth on Exhibit "AU
for the period June 1, 2002 until May 31, 2003.
5.3 For each of the two contract years June 1, 2003
to May 31, 2004 (year 5) and June 1, 2004 to May
31, 2005 (year 6), the Primary Rate Components
may be increased at AMR's discretion by an amount
not to exceed 5% per year. No City approval shall
be required for such a rate increase.
5.4
If the City exercises
agreement for Years 7
through 12, AMR agrees
the City for the
limitations on maximum
years.
its option to extend the
through 9, or Years 10
to meet and confer with
purpose of negotiating
rate increases in those
5.5 The meet and confer process shall begin 6 months
prior to the expiration of year 6 and year 9.
5.6 All other non Primary Rate Component charges,
while not specifically assigned maximum rates
under this Agreement shall not exceed industry
standard rates charged by AMR and other ALS/BLS
service providers within the County of San Diego.
5.7 AMR reserves the right to submit a request to the
City Council for a fee increase, in addition to
that allowed above, for extraordinary expenses in
any of the following categories:
- Vehicle physical damage insurance
- Professional liability insurance
- Workers Compensation insurance
- General liability insurance
Gasoline, diesel, propane, oil and petroleum
products
- Pharmaceuticals or medical supplies.
Extraordinary expenses are defined as an increase
in cost from the previous year of twenty percent
(20%) or more for a specific contract year in any
of the above-stated categories. The City Council
reserves the right to approve or disapprove such
a request in its sole discretion.
12£·,)0
:R¿Ç///5~D ffl6(Ç
P-d/
5.8 Notwithstanding the above, AMR also reserves the
right to submit a request for a fee increase in
the event of any extraordinary change in the
payment or cost recovery provisions in MediCal,
MediCare, or their successor programs.
5.9 The CITY shall notify AMR in writing of approval
or disapproval of the increase within thirty (30)
calendar days of receipt of accurate and complete
information satisfactorily supporting any
increase.
5.10 In the event that either Bonita/Sunnyside FPD or
the City of Imperial Beach withdraws from this
agreement, the minimum ambulance requirements of
the above subparagraph shall be waived, and new
minimum ambulance requirements established upon
mutual agreement between the parties. The
withdrawing Agency must provide no less than 180
days notice to all parties of its withdrawal.
6. INSURANCE
AMR shall obtain and maintain at all times a policy of
insurance by an insurance carrier acceptable to CITY
against loss from public and automobile liability
arising from any operation or activity of AMR, its
agents or employees. Types and amounts of such
insurance to be maintained shall be as defined in
Exhibit "En Insurance Requirements, which is hereby
adoþted by reference and hereby made part of this
agreement.
7. HOLD HARMLESS
AMR shall indemnify, protect, defend and hold harmless the
PARTICIPATING AGENCIES, its officers, agents, elected
officials, volunteers and employees from and against all
claims, damages, losses and expenses, including attorneys'
fees and other costs of defense, arising out of or
resulting from the performance by AMR of the services
specified in this Agreement caused, or alleged by third
parties to be caused, by any intentional or negligent act
or omission of AMR, any subcontractor of AMR or anyone
directly or indirectly employed by AMR or its
subcontractors, except to the extent caused by
the sole negligence or sole willful misconduct of
the PARTICIPATING AGENCIES, any subcontractor of the
PARTICIPATING AGENCIES, or anyone directly or
13
y~ ;)-1
RéV/5~j) fb.qe
?? - d)./
5.8 Notwithstanding the above, AMR also reserves the
right to submit a request for a fee increase in
the event of any extraordinary change in the
payment or cost recovery provisions in MediCal,
MediCare, or their successor programs.
5.9 The CITY shall notify AMR in writing of approval
or disapproval of the increase within thirty (30)
calendar days of receipt of accurate and complete
information satisfactorily supporting any
increase.
5.10 In the event that either Bonita/Sunnyside FPD or
the City of Imperial Beach withdraws from this
agreement, the minimum ambulance requirements of
the above subparagraph shall be waived, and new
minimum ambulance requirements established upon
mutual agreement between the parties. The
withdrawing Agency must provide no less than 180
days notice to all parties of its withdrawal.
6. INSURANCE
AMR shall obtain and maintain at all times a policy of
insurance by an insurance carrier acceptable to CITY
against loss from public and automobile liability
arising from any operation or activity of AMR, its
agents or employees. Types and amounts of such
insurance to be maintained shall be as defined in
Exhibi t "E" Insurance Requirements, which is hereby
adopted by reference and hereby made part of this
agreement.
7. HOLD HARMLESS
AMR shall indemnify, protect, defend and hold harmless the
PARTICIPATING AGENCIES, its officers, agents, elected
officials, volunteers and employees from and against all
claims, damages, losses and expenses, including attorneys'
fees and other costs of defense, arising out of or
resulting from the performance by AMR of the services
specified in this Agreement caused, or alleged by third
parties to be caused, by any intentional or negligent act
or omission of AMR, any subcontractor of AMR or anyone
directly or indirectly employed by AMR or its
subcontractors, except to the extent caused by
the sole negligence or sole willful misconduct of
the PARTICIPATING AGENCIES, any subcontractor of the
PARTICIPATING AGENCIES, or anyone directly or
ß-.;L(
13
indirectly employed by the PARTICIPATING AGENCIES or
its subcontractors.
8. INDEPENDENT CONTRACTOR STATUS
8.1 Both parties hereto in the performance of this
Agreement will be acting in an independent
capacity and not as agents, employees, partners
or j oint venturers with one another. AMR is not
an employee of CITY and is not entitled to any of
the rights, benefits, or privileges of CITY
employees, including but not limited to medical,
unemployment, or workers' compensation insurance.
8.2 This Agreement contemplates the personal service
of AMR and AMR' s employees or independent
contractors, and it is recognized by the parties
that a substantial inducement to CITY for
entering into this Agreement was, and is, the
professional reputation and competence of AMR.
8.3 Neither CITY nor its off icers, agents or
employees shall have any control over the conduct
of AMR or any of AMR's employees or independent
contractors, except as herein set forth, and AMR
expressly agrees not to represent that AMR, or
any of AMR's agents, servants, employees or
independent contractors, are in any manner
agents, servants or employees of CITY, it being
understood that AMR, its agents, servants,
employees and independent contractors are as to
CITY wholly independent contractors and that
AMR's obligations to CITY are solely such as
prescribed by this Agreement.
9. ASSIGNMENT
AMR shall not assign any portion of this Agreement or
the services to be rendered thereunder without the
written consent first obtained from CITY, which will
not be unreasonably withheld.
10. permission to Subcontract Services. AMR may
subcontract for ALS First Responder services with each
PARTICIPATING AGENCY wi thin the service area. Each
agency may enter into an agreement with AMR for the
provision of those services.
14 ¡;.l.l...
10.1 The parties agree that upon execution of such
subcontracts for first responder services,
response time performance standards may be
modified and applicable paragraphs of this
agreement modified in conformance with these new
standards.
11. RIGHT TO REQUIRE PERFORMANCE
The failure of CITY at any time to require performance
by AMR of any provisions hereof, shall in no way
effect the right of CITY thereafter to enforce same.
Nor shall waiver by CITY of any breach of any of the
provisions hereof be taken or held to be a waiver of
any succeeding breach of such provision or as a waiver
of any provision itself.
12. SEVERABILITY
If any provision of this Agreement shall be declared
to be illegal, void or unenforceable by a court of
competent jurisdiction, such provisions shall be
deemed severable, and the other provisions shall not
be affected but shall remain in full force and effect.
13. AUDIT AND REPORTING PROCEDURES
AMR agrees to allow City officials complete access to
all operational and financial records and data
(including computer generated reports) pertaining to
the services provided pursuant to this Agreement. All
records and documents regarding this service shall be
available in San Diego for a period of not less than
three (3) years. AMR further agrees to submit to CITY
the following reports:
13 .1
San
EMS
Diego County
Report Forms
(pre-hospital patient records)
(ALS and BLS) on request.
13.2 Annual Financial Report: Revenues billed and
collected by payment source for calls
originating within the EOA, which includes a
list of all transports. (Note: CITY reserves the
right to conduct spot checks of patient
billings) .
13.3 Monthly Response Time Analysis Report: Which
shows percentage of calls arrived within minute
15 ;'-<3
parameters and shows all late responses for all
classifications.
13.4 Monthly Exception Report: Which lists all
response performance exceptions requested. AMR
shall make every responsible effort to identify
the cause of such extended response time and
shall document efforts to eliminate repetitions
of that cause of poor response time performance,
if requested by Participating Agencies. (Note:
Time in the system is counted in seconds, not in
whole minutes.)
13.5 Annual Collection Percentage Report: Which shows
a breakdown of collection performance.
14. NOTICES
All notices to AMR shall be mailed to:
Vice President of
Response, 8808 Balboa
92123
Operations,
Avenue, San
American Medical
Diego, California
and
CEO
American Medical Response, 20101 Hamilton, Suite 300
Torrance, California
All notices to Participating Agencies shall be mailed
to:
Fire Chief
City of Chula Vista, 276 Fourth Avenue, Chula Vista,
California 91910
and
City Manager
City of Chula Vista, 276 Fourth Avenue, Chula Vista,
California 91910
and
Fire Chief, City of Imperial Beach, 865 Imperial Beach
Boulevard, Imperial Beach, California 91932
and
16f""<¥
Fire Chief, Bonita Sunnyside F.P.D., 4900 Bonita Road,
Bonita, CA 91902
15. CONSIDERATION
Consideration provided to AMR for the comprehensive
services to be provided by AMR is that CITY shall
grant to AMR the exclusive rights to provide emergency
and non-emergency basic and advanced life support
service within the EOA originated through the 911
system.
16. CONTRACT ADMINISTRATION
The CITY designates the City Manager, City of Chula
Vista, 276 Fourth Avenue, Chula Vista, California
91910, or his/her designated representative, to
administer this agreement on behalf of the CITY. AMR
designates Kurt Williams, VP Operations, 8808 Balboa
Avenue, Suite 150, San Diego, California 92123, to
administer this agreement on behalf of AMR. All
reports, proposal, letters, notices and/or other
correspondence shall be sent to the attention of the
designated representati ves at their respecti ve
addresses.
17. TERM OF AGREEMENT AND RENEWAL PROVISIONS
The amended Agreement shall commence on June 1, 2002
(year 4). The Agreement shall terminate at midnight,
May 31, 2005, unless extended as provided for herein.
This agreement may be extended for two (2) additional
periods of three years each at City's option, in its
sole discretion. City shall exercise its option to
extend by sending written notice to AMR of its intent
by no later than six (6) months prior to the
expiration of the then current term. If City fails to
notify AMR of its intent as provided above, then AMR
shall notify City in writing of its desire to extend
or not to extend the term, and City shall have an
additional 30 days from its receipt of such notice to
make its election. Factors that will be considered by
the CITY include AMR's response time performance,
compliance with the terms and provisions of this
agreement, AMR's responsiveness and cooperation in
relationships with the CITY, County Emergency Medical
Services and the Base Hospitals, and any other factors
17 f "<5
considered of importance to the CITY in its sole
discretion.
18. RIGHT OF AMR TO TERMINATE AT BEGINNING OF YEARS 7 OR 10
18.1 Notwithstanding any other provisions of this
agreement, should the parties fail to come to
agreement on base rate charges at the beginning
of the two extension periods (Year 7 or Year
10), AMR may terminate this agreement by written
notification to the City providing notice of the
effective date of such termination which shall
not be less than 365 days from the receipt of
the notice. Service shall continue under the
terms of this Agreement for the time specified
in the notice from AMR.
18.2 If after due diligence by the City, the City has
not procured alternative ALS/BLS services, the
City shall be entitled to order an extension of
service for an additional period of up to 180
days after the termination by AMR. The City
shall notify AMR in writing at least 60 days
prior to the expiration of the one year notice.
Service shall continue under the terms of this
Agreement for the time specified in the notice
from CITY.
19. TERMINATION FOR CAUSE, LIQUIDATED DAMAGES
19.1 CITY may immediately terminate this agreement if
AMR's license to operate ambulances by the state
is revoked or suspended.
19.2 CITY may terminate this agreement for cause, if
the cause is not cured within thirty (30) days
after a written notice specifying the cause is
delivered to Kurt Williams, VP Operations, 8808
Balboa Avenue, Suite 150, San Diego, CA 92123.
a. Cause shall include, but not be limited to:
(1) Failure to comply with the material
terms and conditions of this
agreement, after notice of the failure
has been given to AMR;
(2) Gross misrepresentation or fraud;
18 f. J. {,
(3)
Failure to operate
the requirements
federal, state and
and regulations
provision of ALS
ambulance service.
in compliance with
of the applicable
local laws, rules
relating to the
paramedic and BLS
19.3 If. within the thirty (30) days after delivery
of the written notice of termination for cause,
the material breach has not been cured to the
reasonable satisfaction of CITY's
representative, then CITY may terminate this
agreement effective as of a date specified in a
written notice of termination delivered
thereafter. During the thirty (30) day cure
period, if CITY determines that the public
health and safety would be endangered by the
continued provision of service by AMR, in
consultation with the County EMS Medical
Director or designee, CITY may nevertheless,
immediately suspend further performance and give
written notice of immediate termination of this
agreement.
19.4 If, after termination of this Agreement for
cause by CITY pursuant to 19.1 and 19.2, it is
ultimately determined by an arbitrator that
CITY'S termination was not justified (that AMR
had not committed a material breach of this
Agreement), CITY and AMR agree that the injury
AMR may suffer as the result of such conduct by
CITY is, impossible to ascertain or estimate and
that the sum of $50,000, shall be paid by CITY
to AMR and is a reasonable estimate of the
potential injuries suffered. Said amount is
agreed upon as liquidated damages and not as a
penalty.
".
19.5 Any waiver, acceptance of services, or failure
to require compliance as it relates to the
agreement shall not be deemed to be a waiver of
any other breach of or change to the terms of,
or operate to stop CITY from enforcing the
provisions of this agreement. A consent to one
assignment by CITY shall not be deemed to waive
the right to consent to any future assignments.
19 f°..<7
20. TERMINATION FOR CONVENIENCE
Notwithstanding any provislons to the foregoing, City
may terminate this Agreement at any time and for any
reason, by giving specific written notice to AMR of
such termination and specifying the effective date
thereof, at least one hundred eighty (180) days before
the effective date of such termination. In the event
the Agreement is terminated by city as provided in
this paragraph, AMR shall be entitled to receive
compensation for services rendered prior to the
effective date of such termination. AMR hereby
expressly waives any and all claims for damage or
compensation arising from termination as provided for
herein.
21. EXTENSION
CITY shall be entitled to order extension of service
for a period of sixty (60) days after expiration of
this Agreement by notifying AMR in writing at least
thirty (30) days prior to expiration of this
Agreement. CITY shall be entitled to order two (2)
additional sixty (60) days periods of extension of
service, for a maximum of 180 days of extension of
service, providing that AMR is notified in writing at
least thirty (30) days prior to the expiration of each
period of extension and the parties agree on a
reasonable interim compensation for said services.
Service shall continue under the terms of this
Agreement for the time specified in the notice, or
notices, from CITY.
22. APPLICABILITY IN IMPERIAL BEACH
This Agreement shall apply throughout the EOA;
provided, however, with regard to the provision of
services within the corporate limits of the City of
Imperial Beach, the provisions of paragraph 3
(response time commitments) and Exhibit "D" (base
rates) shall be superseded by the provisions, if any,
in any agreement in effect between AMR and the City of
Imperial Beach.
If AMR and the City of
agreement in effect at
this agreement, then
Imperial Beach do not have an
any time during the term of
response times and the Fee
20 f ,,;f
Schedule for the Imperial Beach portion of the EOA
shall be as provided herein.
23. AGREEMENT TO RE-OPEN NEGOTIATIONS
At any time during the term of the agreement, either
party reserves the right to propose system enhancement
changes which will better meet the needs of the
service area. The parties agree to meet and confer and
determined the appropriateness of any such change to
the system and any necessary or appropriate
corresponding increase in AMR's rates. Any such change
shall be by mutual agreement with each party acting in
its sole discretion.
21 f·.lý
SIGNATURE PAGE TO AMENDED
AND RESTATED AGREEMENT FOR BASIC
AND ADVANCED LIFE SUPPORT AMBULANCE
SERVICE
THE CITY OF CHULA VISTA
LAIDLAW MEDICAL
TRANSPORTATION, INC.
a Delaware Corporation,
dba AMERICAN MEDICAL
RESPONSE
&:
Mayor of the City of Chula vista
ATTEST
City Clerk
Approved as to form by
City Attorney
CITY OF IMPERIAL BEACH
City Manager
BONITA/SUNNYSIDE FIRE PROTECTION
DISTRICT
Fire Chief
J:\Attorney\Agree\AMR Contract.doc
22 f 30
Exhibit "A"
Equipment List
· 4x4 Non Sterile
· 4x4 Sterile
· ABD Pads
· Ace Wraps 3"
· Band Aids
· Chux
· Cold Packs
· Defib Pads
· Eye Pads
· Flashlight
· Hot Packs
· Kerlix
· Occlusive Dressing
· Sam Splints
· Stethoscope
· Tape - 1" Transpore
· Tape - 1" Waterproof
· Tape - 2" Bron
· Trauma Dressing
· Trauma Shears
· Triangular Bandage
· Tourniquet
· Bulb Syringe
· 02 Wrench, small
· KY Jelly Packets
· Nasal Airway 12-36 fr
· Oral Airway, 0-6
· Nasal Cannula, Adult
· Nasal Cannula, Ped
· 02 Mask, NRB, Adult
· 02 Mask, NRB, Ped
· 02 Mask, Ped
· C-Collar each size
· NS, 500cc, Sterile
· Water, 500cc, Sterile
· Sharps Container
· Splint Arm & Leg each
· Sta-Bloks, Head Immobilizers
· Ambu-Bag, Adult set
· Ambu-Bag, Ped. Set
· Ambu-Bag, Infant set
· Mask, Resuscitator, ped
· Mask, Resuscitator, Infant
· Oxygen
· 02 Rings
· 02 Wrench
· 02 Humidifier
· 02 Nebulizer Set
· 02 Nebulizer Adult
· 02 Nebulizer Ped
· NaCI Bullet, 3cc
· Suction Cannister, 800cc wllid
· Suction Cannister, 1200cc wI lid
· Suction Cath. Rigid Tip
· Suction Cath, Flexible, 6-18 fr. Each
· Suction Connection Tubing
· Suction, Portable
· BIP Cuffs (Adult, Thigh, Ped, Infant)
· Gloves, Exam, Box each small, med, large
· Gloves, Sterile, pr Each 7,8
· Hydrogen Peroxide
· Mask, Surgical
· Mask, Hepa
· OB Kit
· Plastic Bags, Clear, Large
· Plastic, Bags, Clear, small
· Plastic, Bags, Red
· Plastic, Bags, Yellow, Large
23f-:3/
Exhibit "B"
PARAMEDIC UNIT RESPONSE TIME SUMMARY
SOUTH SA Y EOA
Participating Agency
PERIOD: DODD, MMMM DO, YYYY Through DODD, MMMM DO, YYYY
I. Finalized Monthly Response Time
Compliance Summary
Response Times Total Adjusted
(Received to On Scene) Runs Exempt Runs Percent Accumulative %
00:00 - 01 :00 MIN 0 0 0.00% 0,00%
01 :01 - 02:00 MIN 0 0 0.00% 0_00%
02:01 - 03:00 MIN 0 0 0.00% 0.00%
03:01 - 04:00 MIN 0 0 0.00% 0.00%
04:01 - 05:00 MIN 0 0 0.00% 0.00%
05:01 - 06:00 MIN 0 0 0.00% 0.00%
06:01 - 07:00 MIN 0 0 0,00% 0.00%
07:01 - 08:00 MIN 0 0 0.00% 0.00%
08:01 - 09:00 MIN 0 0 0.00% 0.00%
09:01 - 10:00 MIN 0 0 0.00% 0.00%
10:01 -11:00 MIN 0 0 0 0.00% 0.00%
11:01-12:00 MIN 0 0 0 0,00% 0.00%
12:01 -13:00 MIN 0 0 0 0.00% 0.00%
13:01 - 14:00 MIN 0 0 0 0.00% 0.00%
14:01 -15:00 MIN 0 0 0 0.00% 0.00%
15:01 -16:00 MIN 0 0 0 0.00% 0.00%
16:01 ·17:00 MIN 0 0 0 0.00% 0.00%
17:01 -18:00 MIN 0 0 0 0.00% 0.00%
18:01 -19:00 MIN 0 0 0 0.00% 0.00%
19:01 - 20:00 MIN 0 0 0 0.00% 0.00%
20:01 - 21 :00 MIN 0 0 0 0.00% 0,00%
21 :01 - 22:00 MIN 0 0 0 0.00% 0.00%
22:01 - 23:00 MIN 0 0 0 0.00% 0.00%
23:01 - 24:00 MIN 0 0 0 0.00% 0.00%
24:01 - 25:00 MIN 0 0 0 0.00% 0.00%
25:01 - 26:00 MIN 0 0 0 0.00% 0.00%
26:01 - 27:00 MIN 0 0 0 0.00% 0.00%
27:01 - 28:00 MIN 0 0 0 0.00% 0.00%
28:01 - 29:00 MIN 0 0 0 0.00% 0.00%
29:01 - 30:00 MIN 0 0 0 0.00% 0.00%
24 ç-:3~
Response Times Total Adjusted
(Received to On Scene) Runs Exempt Runs Percent Accumulative %
30:01 - 31 :00 MIN 0 0 0 0.00% 0.00%
31 :01 - 32:00 MIN 0 0 0 0.00% 0.00%
32:01 - 33:00 MIN 0 0 0 0.00% 0.00%
33:01 - 34:00 MIN 0 0 0 0.00% 0.00%
34:01 - 35:00 MIN 0 0 0 0.00% 0.00%
35:01 - 36:00 MIN 0 0 0 0.00% 0.00%
36:01 - 37:00 MIN 0 0 0 0.00% 0.00%
37:01 - 38:00 MIN 0 0 0 0.00% 0.00%
38:01 - 39:00 MIN 0 0 0 0.00% 0.00%
39:01 - 40:00 MIN 0 0 0 0.00% 0.00%
40:01 MIN OR OVER 0 0 0 0.00% 0.00%
TOTALS 0 0 0 0.00% 0.00%
Total Transports 0
Average Paramedic Response Time: 0.00 Minutes
A. Total Mutual Aid provided: 0
B. Total Mutual Aid Received: 0
a) Annualized (Year to Date): Responses:
o
Responses Within Criteria:
o
Annualized compliance %:
c.
0.00%
This report shall be used for the compilation of annual response time compliance calculations,
25 ,Ý" 33
EXHIBIT "C"
Exception Inquiry
Unit:
Incident Location:
Call Received:
Crewmembers:
Responded from:
Incident #:
Date of Incident:
Disp Time:
Resp Time:
ONS Time:
Communication Notes:
Crew Notes:
Comm Report By:
Crew Report By:
This response is to be submitted prior to EOS.
Fax to Communication Center 858-492-3634
Date:
Date:
26P :þl
EXHIBIT "D"
South Bay Exclusive Operating Area Rates
for ALS Base Rate, BLS Base Rate, Treatment
Only Rate, Mileage, Oxygen and Night Charges
CHARGE BONITA CHULA VISTA IMPERIAL
BEACH
ALS Emergency $465.00 $465.00 $500.00
Base Rate
BLS Base Rate $406.00 $406.00 $406.00
Mileage $ 16.50 $ 16.50 $ 16.50
Rate/mile or
portion
Oxygen Charge $ 60.00 $ 60.00 $ 65.00
Night Charge $ 60.00 $ 60.00 $ 65.00
Treatment $150.00 $150.00 $150.00
Only
27£':3.5"
EXHIBIT "E"
INSURANCE REQUIREMENTS FOR CONTRACTORS
AMR shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder and the results of that work
by the AMR, its agents, representatives, employees or subcontractors.
II. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage
(occurrence Form CG0001)
2. Ambulance Owners/Operators Malpractice Insurance and/or Errors and
Omissions Insurance appropriate to the contactors operations.
3. Insurance Services Office Form Number CA 0001 covering Automobile
Liability, Code1 (any auto).
4. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
III. Minimum Limits of Insurance
AMR shall maintain limits no less than:
1.
Liability:
General $2,000,000
per occurrence for bodily injury,
personal injury and property
damage. If Commercial General
Liability insurance or other form
with a general aggregate limit is
used, either the general
aggregate limit is used, either
the general aggregate limit shall
apply separately to this
project/location or the general
aggregate limit shall be twice
the required occurrence limit.
per accident for bodily injury and
property damage.
2. Automobile Liability: $2,000,000
28.f!;b
3. Employer's Liability: $ 1,000,000
per accident for bodily injury or
disease.
4.Ambulance $ 2,000,000
Owners/Operators
Malpractice, Errors and
Omissions or
Professional Liability As
Appropriate
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials,
employees and volunteers; or the AMR shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration, and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed
to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be
covered as insureds with respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of the AMR; and
with respect to liability arising out of work or operations performed by
or on behalf of the AMR including materials, parts or equipment
furnished in connection with such work or operations. General liability
coverage can be provided in the form of an endorsement to the AMR's
insurance, or as a separate owner's policy (CG20 10 11 85).
2. For any claims related to this project, the AMR's insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or volunteers
shall be excess of the AMR's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be canceled by either party, except after
thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the City.
4. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement
to indemnify the additional insured would be invalid under Subdivision
(b) of Section 2782 of the Civil Code.
2 9f-d ?
A. Acceptabilitv of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less
than A:VII.
B. verification of Coveraae
AMR shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on forms
provided by the City or on other than the City's forms, provided those endorsements
or policies conform to the requirements. All certificates and endorsements are to be
received and approved by the City before work commences. The City reserves the
right to require complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications at any time.
C. subcontractors
AMR shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
30 [-31'
Exhibit "F"
Definitions
The definitions included in California Code of Regulations, Title 22, Division 9,
Chapters I - 9; California Code of Regulations, Title 13, Division 2, Chapter 5,
Article 1; and Division 2.5, Chapters2 - 11 of the California Health and Safety Code,
shall apply to this Agreement unless the Agreement indicates otherwise. By way of
example such definitions shall include, but not be limited to EMT, EMT-IA, EMT-
Paramedic, Paramedic, Emergency Medical Services Agency and/or Medical
Director.
1) Ambulance is defined as any motor vehicle which meets current specifications and is
licensed as an ambulance by the State of California and is permitted in the County of
San Diego.
2) Arrival at Incident Location is defined as the moment the EMS personnel notify an
appropriate Communications Center that an emergency response unit is at its parking
position at the scene of an incident (e.g., the entrance to a specific apartment building,
not merely the entrance to the apartment complex in general; or an actual collision
scene - not merely an approach location within sight of the collision). For purposes of
this paragraph, arrival at locked gates of a occupancy shall constitute arrival as shall
arrival at an appropriate or designated staging area or "stand-back" location.
3) Back-up is defined as assistance from another a unit not normally assigned to the
EOA from outside the EOA by responding into the Exclusive Operating Area at the
request of AMR.
4) Calles) for Service shall mean requests for emergency medical ambulance service
received by Heartland Fire Communications Center or other Public Safety Answering
Point serving the Service Area.
5) CMS means Centers for Medicare and Medicaid Services. This agency of the United
States Department of Health and Human Services was formally known as the Health
Care Financing Administration (HCFA).
6) Computer-aided Dispatch (hereinafter referred to as "CAD") is a system of computer
hardware and software that facilitates call taking, resource dispatch and deployment,
dispatch and unit times documentation, creation and real time maintenance of
incidents, data base and management information system.
7) Code 2 is a response to an emergency which has been designated in strict accordance
with approved protocols as non-life threatening at call reception by appropriate AMR
Communications personnel or other appropriate Public Safety Answering Point
(hereinafter referred to as "PSAP") personnel. Vehicles responding Code 2 shall obey
all traffic signs and respond without the use of the siren.
31 f-:39
8) Code 3 is a response to an emergency which has been designated in strict accordance
with approved protocols as life-threatening by appropriate AMR Communications
personnel or other appropriate PSAP personneL Vehicles responding Code 3 shall
respond as quickly as possible using lights and siren and may move through traffic .
against directional signs if it can be done safely.
9) AMR Communications Center is the central medical emergency dispatch center from
which all emergency ambulances operating in the EOA are dispatched and controlled.
10) Emergencv is defined as a perceived need for immediate medical attention or an
incident in which the potential for such need for immediate medical attention is
perceived by emergency medical personnel or public safety personnel, and in which a
delay in providing such services may aggravate the medical condition or cause the loss
oflife.
II) Emergencv Medical Dispatch (hereafter referred to as "EMD") is a protocol driven
system of caller interrogation that allows communications personnel trained as
Emergency Medical Dispatchers to provide medical care instructions, including
bleeding control, airway management, and CPR.
12) Exception is a late response as determined by response time criteria.
a) Exclusive ÜDerating Area (hereinafter referred to as "EOA") is defined as
the EMS area or sub-area defined in the EMS plan within which only the
designated emergency medical care and transport service may provide pre-
hospital emergency medical care and transport services in response to calls
received through the 9-1-1 system for a defined period of time. For purposes
of this Agreement, the EOA refers to the geographical boundaries of the City
of Chula Vista, Imperial Beach and Bonita/Sunnyside Fire Protection
District.
13) Exemption is a determination to exclude an EMS event from the predetermined
response time criteria due to factors outside AMR's controL
14) First Responder Agencv. for purposes of this Agreement, is defined as any public
agency that has a current agreement with AMR, approved by the County, to respond to
medical emergencies when dispatched in order to assess the scene, initiate emergency
medical treatment and document care prior to the arrival ofthe ALS Transport Team.
15) Medical Direction is direction given to EMS personnel, in accordance with EMS
agency policy, either by AMR Medical Director or by the County EMS Medical
Director, through standing orders, or through direct voice contact with a Base Station
Physician or with an approved mobile intensive care nurse (hereinafter referred to as
"MICN") with or without vital sign telemetry.
32 ç ,/0
16) Response Data is the measurement of time lapsed on a continuum of response to a 9-1-
1 call. The components of time measured for a response to a 9-1-1 call are defined as
follows:
a) Discoverv - time of incident until dispatcher receives 9-1-1 call;
b) Dispatch - time from 9-1-1 call. to dispatch of first responder and transport
ambulance;
c) First Response - time of unit notification until arrival of first response unit at I
incident location;
d) Response Time - time of unit notification until arrival of Transport Unit at incident
location;
e) Scene Time - time of arrival of First Response unit or Transport Unit at incident
location until they leave the scene. Scene time is calculated separately for First
Responders and Transport team;
f) Transport time - time Transport Unit leaves the scene until arrival at hospital; and
g) Back in Service - Time Transport unit at hospital is clean and ready for another
call.
17) Service Area - Each PARTICIPATING AGENCY (City of Chula Vista, City of
Imperial Beach and the Bonita/Sunnyside Fire Protection District) is a separate and
distinct Service Area. The three Service Areas compose the EOA.
18) Stand-bv Service is defined as the dispatch of an ambulance unit by AMR
Communications Center at the specific request of a public safety agency to a position
of immediate availability. This does not include a pre-arranged stand-by request for
activity of any duration, such as concerts, sporting events, etc.
19) Svstem Status Management Plan is an algorithm and written operating procedures for
on-line, real time management of system resources through system deployment,
posting patterns and redeployment of units and unit hours to meet the ongoing demand
of the system and to optimize system coverage consistent with real time needs of the
system.
,... - -~-
33J' III
/~£/Yl-#f
Exercise the Dream at the ARCO OIvmpic Trainine: Center
2800 Olympic Parkway, Chula Vista, Ca. 91915
(619) 656-6702, FAX 656-3919, e-mail- hillidge@sdcoe.k12.ca.us
May 9, 2002
LE ~ \Yl LE
MAY 1 3 200Z
The Honorable Shirley Horton and Members of the Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
COUNCIL OFFICES
CHULA VISTA. CA
Re: American Medical Response Contract Extension
Dear Mayor Horton and Members of the Council:
I am writing today to respectfully request your granting of an extension of the paramedic
contract to American Medical Response. I ask not only because of the quality of service
that this company provides, but also because of their commitment to the citizens of our
community.
In addition to actively partIcipating in the City's Child Link presentations at local
elementary schools and donating to numerous civic causes, American Medical Response
has been an ongoing supporter of the Chula Vista's Exercise the Dream program. As you
know, this program affords local elementary school students the opportunity to
experience the benefits of physical exercise through a visit to the Olympic Training
Center. American Medical Response's donation of medical coverage at each of the
events ensures that the School District's children will be well cared for in the event of a
medical emergency.
As civic leaders, I thought you would want to know about the important role that this
company plays in our community. I hope you value their contributions as much as I do
and will see fit to allow this company to continue serving the needs of Chula Vista's
residents.
Again, thank you for your consideration in this matter.
Respectfully,
ç¡-~.
~'aron HilIid e
Exercise the Dream Co mator
Chula Vista Elementary School District
S. Hillidge, 5/9/02
Council Agenda Statement
Item Number q
Meeting Date May 14, 2002
a1Y OF
CHUIA VISfA
ITEM TITLE:
Resolution Approving Decision Not to Extend the Agreement with
Organic Recycling West for Compo sting Services, and Approving a Franchise
Implementation Agreement with Pacific Waste Services for the Use of Green
Waste as Alternative Daily Cover beginning August 1,2002.
Michael T. Meacham, Special Operations Manager~
David D. Rowlands, Jr., City Manage~P tJ.I (4/Sths Vote Yes _ No-XJ
KtV
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
In 1993, Laidlaw Waste Systems (Laidlaw) began to collect green waste from Chula Vista generators
as part of the City's recycling program. At that time Laidlaw contracted directly with Organic
Recycling West (ORW) to process and market the material collected in Chula Vista. In 1997, Laidlaw
approached the City with the intent of developing more favorable tenns for all parties. As a result of
that effort, in May of 1997, the City entered into a 60 month agreement with ORW for processing,
marketing and composting of green waste that reduced the per ton fee by approximately 18%. The
Agreement with ORW includes two optional extension tenns of two years each that may be exercised
at the City's sole discretion. Pacific Waste Services (Pacific) has continued to deliver the City's green
waste to ORW since they acquired the City's Solid Waste and Recycling Franchise Agreement.
On April 23, 2002 Council directed staff to work with ORW and Pacific Waste Services (Pacific) to
clarify and address the issues regarding the City's diversion of green waste and return to Council in
two weeks. Staff began a series of meetings with ORW and Pacific on April 24, 2002 to identify
issues and develop alternatives that could potentially meet the City's, Pacific's and ORW's needs.
RECOMMENDATION: Approve the resolution executing a decision not to extend the Agreement
with Organic Recycling West for composting services and authorizing a Franchise Implementation
Agreement for the use of green waste as Alternative Daily Cover. Staff will also direct Pacific to
deliver green waste to ORW through July 31, 2002, providing ORW with a (90) ninety days notice
beyond the original contract tenn.
BOARD AND COMMISION RECOMMENDATION: The Resource Conservation Commission
reviewed the recommendation on April 15, 2002. A majority of the quorum (but not the entire
Commission) voted (3 to 1) to support a staff recommendation not to extend the agreement with ORW
so no official action was taken.
DISCUSSION: Staff met with ORW the morning after the Council meeting. At that meeting staff
presented an outline to ORW that was intended to clarify the issues between the City and ORW, and to
help ORW prepare a response that could better address the City's concerns (Attachment A). Staff met
with Pacific representatives on Thursday, April 25, to address the City's concern's regarding the city
issues including the amount of notice being provided to ORW for the transition and the City's desire to
pursue compo sting in the future. Staff continued to make itself available to both parties for further
discussion and clarification of their respective proposals.
-.,---.... '-"'--'-'''--'-~-'_._'-'_._-''---'' ,----------~
Pa~e 2
Item No. __~
Meeting Date: May 14, 2002
ORW Options
ORW presented a proposal with three options on April 26th (Attachment B) and staff scheduled a
meeting for ORW, Pacific and the City for Monday, April 29, 2002 to review the options. Pacific
expressed its concerns about all the options. Pacific did not believe that there was adequate value in
the proposals for Pacific to relinquish their potential request for a rate increase for "extraordinary"
circumstances. Pacific also made it clear that they would have to reduce or withdraw the benefits they
offered the City if any of the ORW options was accepted.
· Option 1 by ORW recommended that Pacific continue to transport half the City's green waste to
ORW and half to the landfill as ADC. That proposal does not address Staff's concerns regarding
long-term sustainability or indemnity for composting services at the ORW site.
· The second option would have Pacific continuing to deliver all the Chula Vista green waste to
ORW. ORW would reduce its tipping fee by $2 per ton reducing Pacific's annual costs by
approximately $36,000 per year. Staff recommended that ORW refine Option 2 by more directly
addressing the issues of concern to the City that where outlined by staff in Attachment A. Staff
continued to work with ORW to further clarify issues that ORW would need to address in their
refined proposal of Option 2.
· Option 3 by ORW asked that Pacific deliver green waste to the landfill and load it on ORW
vehicles for transport and processing to the ORW facility. ORW would absorb the transport costs
and Pacific would be expected to absorb the loading costs. Pacific is not willing to take
responsibility for loading material for ORW at their landfill. Pacific was particularly direct about
its desire to not have any part of ORW's operation at the landfill.
· ORW proposed a fourth option verbally. "Swapping" green waste. Under that option Pacific
would use the Chula Vista green waste as alternative daily cover (ADC) at the Otay Landfill but
ship at least an equal amount of green waste from the Carlsbad or Escondido transfer stations to
ORW for composting. According to ORW, some or all of the green waste from the Escondido and
Carlsbad transfer facilities is now being shipped to Otay and used for ADC. Staff rejected that
proposal. While it might be possible to structure that deal to benefit Pacific and ORW it did not
provide a sustainable composting option for the City and its residents. Staff encouraged ORW to
work with the city and Pacific to refine the second option.
· ORW subsequently responded with a refined Option 2 (Attachment C). That option commits ORW
to providing a $2 per ton discount until they can locate a temporary storage location at Maxwell
Road or some other site where they can transfer the green waste to the Otay Mesa/Brown Field site.
The proposal also offers the City a number of benefits including, composting classes for residents
and staff, free compost for residents, clean dirt disposal/reuse for City crews, expanded organics
recovery, the re-establishment of a retail outlet within the City, the pursuit of a permanent site and
a proposal to assist with the beautification of freeway on and off ramps to the City. While this
option commits to additional value for the City it does not meet the proposal made by Pacific to
offset potential increases to ratepayers. Additionally, while it addresses indemnity and markets it
does not shield the City from liability as thoroughly as the City's agreement with Pacific/Allied.
Pa~e 3
Item No. ~
Meeting Date: May 14, 2002
Pacific Waste Options
Pacific Waste has offered to cooperate with the City and provide ORW with the 90 days notice they
requested in their letter to the Resource Conservation Commission provided to Council on April 23,
2002. The agreement with Pacific was scheduled to end April 30, 2002. Under the existing Franchise
Agreement staff will continue to direct Pacific to deliver green waste to ORW until July 31, 2002.
Pacific Waste Services and Allied also coinmitted to providing the City with 20 to 30 acres of land at
the landfill at no charge for a compost facility when the landfill closes. That site will not be available
for 15 to twenty years but will eventually provide the City with a permanent site where it can
indefinitely provide composting services.
Conclusion
ORW and Pacific Waste have worked hard to make commitments that will help the City and its
residents meet the intent and spirit of AB 939. ORW has made significant effort in a short period of
time to address many of the issues and demonstrated some progress. However, Staff believes that the
indemnity provided by the landfill and guarantee of ADC capacity and priority provided by
Pacific/Allied provides a greater assurance of diversion and liability protection for the City at this time.
Allied's willingness to provide 20 to 30 acres at the landfill upon closure assures that the City will
eventually have a permanent site to return to composting. Additionally, staff notes that the Pacific's
proposal ~vill allow the City to receive at least the same diversion benefits at no additional cost to
ratepayers. None of the four ORW options generate enough savings to offset the request by Pacific for
a rate increase due to "extraordinary" circumstances and would expose the ratepayers to a potential
monthly increase of up to $0.37 per household.
Even though staff is recommending that the responsibility for processing green waste be transferred to
Pacific, Staff is hopeful that the City and ORW can continue to work together to explore some of the
secondary program elements that ORW proposed as a compliment to the proposed ADC diversion
program. Staffrecommends that the City accept Pacific Waste's proposal and amend the proposed
agreement to include the ADC priority and 20 to 30 acres of land for composting operations at the
landfill upon closure.
FISCAL IMPACT: There will be no impacts to the general fund as a result of approving the
proposed resolution. Tree trimming crews will reduce their travel time by an average of four hours per
week, which will produce some productivity gains and allow tree-trimming crews to spend more time
trimming and less time traveling to and from the recycling site. The estimated value of that savings or
productivity is $20,000 per year. Similar benefits may be incorporated into tree trimming contracts.
The Agreement also provides for free disposal of clean soil. The City does not pay to dispose of soil
currently however the current disposal sites are reaching full capacity. The Public Works Department
places the benefit from avoided costs for soil disposal from this Agreement at between $150,000 per
year to $300,000 per year depending on the amount of soil generated in a given year.
Attachments: Outline City Issues (Attachment A), ORW Proposal (Attachment B)
ORW Refined Proposal (Attachment C)
(Attachment A)
City Issues (Not PW Issues)
· Eliminated retail sales at site
· Closed Chula Vista sales office that established the sale of ORW products as
originating in Chula Vista
· Did not perform the free compost give-away for Chula Vista residents.
· Did not corrLrnunicate transfer of company in a timely manner
· Did not communicate transfer of company in an accurate manner
· Did not communicate changes in operation, permit or approach in a timely
manner (some changes positive)
· Indemnity
CURE
Short-term
· Closure bond
· Enforcement Summary- Materials, permit, transfer
· Demonstrate sufficient market for material
· Sales Office
· Scheduled and advertised compost give-aways
· Agreement with Pacific
· Monthly site meetings meetings for six months at least quarterly thereafter
Long Term
· Identify and acquire permanent composting site in Chula Vista to handle Chula
Vista material
· Mutual control over permit
· Expand retail markets
· Business plan that includes substantial revenue stream from sale of value added
products
· Long Term Contract
(Attachment B)
Organic Recycling West, Inc.
1202 La Media Rd. San Diego, CA 92154
(619)-661-6712 Fax: (619)-661-6724
4/25/02
Michael Meacham Via email: mmeacham@ci.chula-¼sta.ca.us
Special Operations Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA. 91910
Re: Contract Extension
Dear Mr. Meacham,
As we discussed yesterday, following are several avenues, which may be pursued to continue the
composting of Chula Vista's green waste. We understand and appreciate your desire to assist your waste hauler
in reducing their costs. We hope you also appreciate we are a small company and that our margins are not high.
The avenues suggested all have a high financial impact to O.R.W. but not as great as the consequences of not
having a green waste supply.
Suggestions:
1. Spilt your green waste diversion to O.R.W. Send a portion, up to 50%, to the landfill for A.D.C. This
gives Pacific Waste a sizeable reduction in travel cost, profit on A.D.C. and the city gains an additional outlet for
its green waste. No rate reduction given.
2. Continue to send full tonnage to O.R.W.O.R.W. will credit Pacific Waste up to $2.00 per ton for
prompt pay depending on the length of contract extension. $2.00 figure is based on O.R.W. facility being 7
miles further from the landfill and at $1.40 per mile, each trip costs $19.60. The average load last billing period
for Pacific Waste was 10.11 tons. This equates to $1.94 per ton.
3. Send full tonnage to landfill by direct haul. Green waste will be re-loaded onto O.R.W. transfer
trailers and taken to O.R.W. facility for composting. O.R.W. to bear costs of trucking.
Since the Landfill is in need of A.D.C. and O.R.W. does generate (non-Chula Vista) materials suitable for
A.D.C., we ask for an allotment equal to the tonnage processed by O.R.W. for Pacific Waste. Said allotment to
be priced at $3.00 per processed ton delivered to the landfill. This is the rate I have previously paid.
We sincerely w_i~h t9 work this out with all parties and encourage sharing of this letter with Pacific Waste.
Thank You!
Fred Alexander
Organic Recycling West, Inc. (Attachment C)
1202 La Media Road
San Diego, CA 92154
(619) 661-6712 Fax (619) 661-6724
Mr. Michael Meacham May 6, 2002
Special Operations Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
RE: PROPOSAL FOR CONTRACT RENEWAL WITH ORGANIC RECYCLING WEST, INC.
Dear Michael:
We enjoyed our meeting with you on Apdl 29, 2002, and appreciate the time you took to discuss ways our services
could further benefit the City. In response to Mayor Horton and members of the Chula Vista City Council's request,
we submit the following proposal for renewal and improvement of the City's existing contract with ORW.
As previously stated, ORW believes ADC is an environmentally unfriendly and potentially unreliable plan for Chula
Vista to utilize for diversion credit. We would like to help the City continue composting, and offer the following
program as incentive to continue:
Benefits/Expanded Programs for the City of Chula Vista
· If the City signs a two-year or longer contract with ORW, we will credit Pacific Waste up to $2/ton for
prompt pay. This equates to a savings of more than $36,000 per year.
· ORW has sourced several retail outlet locations in Chula Vista and is currently in negotiation with a Chula Vista
firm to partner in retail sales. ORW will have a retail outlet in the City by July, ;)002. Sales tax is projected at
approximately $20,000 per year.
· Clean fill dirt generated from construction sites in Chula Vista will be accepted by ORW at no charge. If the City
generated 5,000 tons of this material, an annual savings of $155,000 in landfill disposal costs would be realized
by Chula Vista.
· ORW will provide the City 3,000 cubic yards of compost and lead a program to beautify major entryways (i.e. H
Street and I-5 intersection, L Street and I-5 intersection, etc.) into Chula Vista. ORW has been discussing
demonstration projects to achieve this with the City's Community Redevelopment Department. The value of this
service is estimated at $25,000 (3,000cy compost x $6/cy = $18,000. Staff hours/consulting fees for
development and implementation of the project, $7,000 ).
· ORW will give two workshops (one to each department) to Chula Vista parks and recreation and buildings and
grounds staff on proper utilization of compost and mulch. The value of these workshops is $1,000
(2 workshops @ ORW cost of $500 per session).
· To improve Chula Vista's diversion credit percentage, ORW will work with Pacific Waste in establishing a
program for increased organics recovery, including foodwaste, soiled corrugated cardboard, and mixed paper.
ORW has recently received a permit to expand its facility by seven acres and receive drywall, the majority of
which will come from new construction projects in Chula Vista.
· In addition to ORW's current successful marketing program, a multitude of expanded markets are currently being
developed by ORW. They include a bagging operation, wholesale distribution to the grower market in Mexico, and
a gypsum-amended compost agreement with a company which markets value-added compost to central California
and Imperial County. ORW will provide Chula Vista with a monthly market status report for the duration of the
agreement. Documention of ORW's markets is attached (under seal, not for public view).
· ORW has been working with a local real estate firm to source potential locations for a compost facility within
Chula Vista. Monthly status reports will be submitted to your office on the progress of this work.
· As requested, and upon renewal of existing contract or signing of a new two-year contract with a minimum
term of ;) years, ORW will provide a closure bond or equivalent, an enforcement summary, and monthly site
meetings for the duration of the contract. Commitment letter from ORW and confirmation letter from insurance
company affirming the processing of.closure bond/pollution insurance attached.
Benefits to Residents of Chula Vista
In addition to the satisfaction of knowing the yard trimmings they carefully separate from non-recyclable waste
aren't going to the landfill, and the City hasn't wasted years of their tax dollars building and then abandoning a
successful composting program, Chula Vista residents benefit directly from the following:
· ORW will advertise and be open to Chula Vista residents on every Saturday of the year for free compost
distribution. Residents will be allowed a maximum of 3 cubic yards per year. If an average of 15 residents come
for free compost each Saturday, this would result in a value to the City of more than $14,000 per year (15
residents x 52 Saturdays x 3cy x $6/cy = $14,040).
· ORW will advertise and hold four workshops each year designed to teach residents source reduction,
composting, and how to propedy use compost and mulch to enhance their landscape. The total value of these
workshops is $2,000 (4 workshops at ORW cost of $500 per session). Free compost shall also be distributed at
these events (lOcy @ $6/cy x 4 = $240).
Benefits to Pacific Waste/City of Chula Vista
To assist Pacific Waste in keeping costs down, ORW will establish (within the next 4-6 months) an intermediate
facility for greenwaste. ORW will operate the facility, and bear all costs (estimated @ $5/ton) of business
overhead, loading and transferring material to its compost site in Otay Mesa. Once this facility is operating, ORW's
existing tipping fee will go into effect, but reduced transportation costs for Pacific Waste will result in an actual
tipping fee of $4 less, or total annual savings of $72,000. With operational overhead, loading and transport of
matedal factored in, ORW will be receiving Chula Vista's greenwaste at the lowest tipping fee ever given to a hauler
or jurisdiction (and at below cost of processing). This activity at the proposed facility has already been approved by
the owner, and ORW has begun work on a conditional use permit (CUP) application package. Should this application be
denied, ORW has other locations sourced for this use and will be pursued immediately. ORW already has loading
equipment and transfer trucks. The proposed facility, located on Maxwell Road, can also be used as a more
convenient location for City and resident pick-up of free compost, and save the City and its contractors transportion
costs by providing a drop-off location closer than ORW's Otay Mesa facility.
ORW will also provide Pacific Waste with a supply of ground material not suitable for higher-end finished products,
but adequate for use as ADC. An amount equal to the volume of Chula Vista's annual greenwaste will be available, and
ORW will deliver the material to the landfill and pay Pacific Waste $3/ton to receive it. Since the material will
already be ground, Pacific will save $5-8/ton on ADC grinding costs. ORW will also give Pacific a discounted rate
for compost purchased for use as erosion control on landfill slopes.
Summary of Benefits
This program represents a total savings for the City of $281,000 per year, and a total value of combined services
and savings of $305,280 per year. Pacific Waste will earn $54,000 in ADC revenues from ORW, avoid $90,000 to
$144,000 in ADC grinding costs, and save on truck wear and transport costs.
If Pacific chooses to phase in composting at the landfill, ORW will offer its expertise and assistance, free of charge,
in helping the company establish an efficient program that will benefit the City. Such services will be offered six
months prior to the termination of ORW's contract with the City of Chula Vista.
This proposal was drafted with the intent to be mutually beneficial to the City of Chula Vista, its residents and
business owners, Pacific Waste, and Organic Recycling West, Inc. We hope it will be given fair consideration and
encourage the City to maintain its historically high environmental standards by continuing its composting program.
Sincerely,
Fred Alexander
Organic Recycling West, Inc.
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING DECISION NOT TO
EXTEND THE AGREEMENT WITH ORGANIC RECYCLING
WEST FOR COMPOSTING SERVICES, AND APPROVING
A FRANCHISE IMPLEMENTATION AGREEMENT WITH
PACIFIC WASTE SERVICES FOR THE USE OF GREEN
WASTE AS ALTERNATIVE DAILY COVER
WHEREAS, on July 13, 1999, upon city's adoption of
Ordinance No. 02792, City and Pacific entered into that
certain Amended and Restated Solid Waste Disposal and
Recycling Franchise Agreement ("Franchise Agreement"),
effective July 1, 1999, pursuant to which city granted
Pacific the city's solid waste disposal and recycling
franchise on the terms and conditions set forth therein.
WHEREAS, on September 25, 2001, upon city's adoption
of Ordinance No. 2844, City and Pacific entered into that
certain First Amendment to Amended and Restated Solid Waste
Disposal and Recycling Franchise Agreement ("First
Amendment"), pursuant to which City and Pacific implemented
the Variable Rate Structure for collection and disposal of
solid waste and recyclables contemplated by Section 7.3.3 of
the Franchise Agreement.
WHEREAS, the Franchise Agreement, as amended by the
First Amendment, is referred to hereinafter as the
"Franchise". Except as otherwise expressly provided herein,
all capitalized terms used herein shall have the meanings
ascribed thereto in the Franchise.
WHEREAS, Sect ion 8.5.2 of the Franchise provides for
the delivery of Green Waste to ORW for processing into
compost under a contract with the City. In the event City
chooses not to extend its contract with ORW, Pacific has the
opportunity to incorporate the Green Waste program into its
own operations. The City has chosen not to extend the ORW
contract.
WHEREAS, Pacific has proposed to use Green Waste
collected within the city as Alternative Daily Cover ("ADC")
at the Otay Landfill. Because Pacific's proposal has the
potential to assist the city in meeting it's AB 939 diversion
obligations, and to provide other benefits under the
Franchise, City is willing to allow this alternative
implementation of section 8.5.2, and the revision of its
9-8
Green Waste program, on the terms and conditions set forth
herein.
NOW, THEREFORE, BE IT RESOLVED that the city Council
of the City of Chula Vista does hereby approve decision not
to extend the Agreement with Organic Recycling West for
Composting Services.
BE IT FURTHER RESOLVED that a Franchise Implementation
Agreement with Pacific Waste Services is hereby approved for
the use of Green Waste as Alternative Daily Cover, a copy of
which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Manager of the
city of Chula Vista is hereby authorized to execute said
Agreement for and on behalf of the city of Chula Vista.
Presented by
Approved as to form by
Michael Meacham
Special Operations Manager
J:\attorney\reso\Franchise Implementation ADC
'7~1
DRAFT
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
;-- fì..-.r-
Dated:
5 I D¡ I 02-
I I
Solid Waste Disposal and Recycling Franchise Implementation
Agreement [Green Waste]
9-/0
DRAFT
SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE
IMPLEMENT A TION AGREEMENT
[GREEN WASTE]
This SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE
IMPLEMENTATION AGREEMENT [GREEN WASTE] ("Agreement") is entered into
effective as of April 23, 2002 ("Effective Date") by and between the CITY OF CHULA
VISTA, a chartered municipal corporation of the State of California ("City"), and
ALLIED WASTE NORTH AMERICA, INC., a Delaware corporation, dba PACIFIC
WASTE SERVICES ("Pacific"), with reference to the following facts:
A. On July 13, 1999, upon City's adoption of Ordinance No. 02792, City and
Pacific entered into that certain Amended and Restated Solid Waste
Disposal and Recycling Franchise Agreement ("Franchise Agreement"),
effective July 1, 1999, pursuant to which City granted Pacific the City's
solid waste disposal and recycling franchise on the terms and conditions
set forth therein.
B. On September 25,2001, upon City's adoption of Ordinance No.2844, City
and Pacific entered into that certain First Amendment to Amended and
Restated Solid Waste Disposal and Recycling Franchise Agreement ("First
Amendment"), pursuant to which City and Pacific implemented the
Variable Rate Structure for collection and disposal of solid waste and
recyclables contemplated by Section 7.3.3 of the Franchise Agreement.
C. The Franchise Agreement, as amended by the First Amendment, is
referred to hereinafter as the "Franchise". Except as otherwise expressly
provided herein, all capitalized terms used herein shall have the meanings
ascribed thereto in the Franchise.
D. Section 8.5.2 of the Franchise provides for the delivery of Green Waste to
ORW for processing into compost under a contract with the City. In the
event City chooses not to extend its contract with OR W, Pacific has the
opportunity to incorporate the Green Waste program into its own
operations. The City has chosen not to extend the ORW contract.
E. Pacific has proposed to use Green Waste collected within the City as
Alternative Daily Cover ("ADC") at the Otay Landfill. Because Pacific's
proposal has the potential to assist the City in meeting it's AB 939
diversion obligations, and to provide other benefits under the Franchise,
City is willing to allow this alternative implementation of Section 8.5.2,
and the revision of its Green Waste program, on the terms and conditions
set forth herein.
1
9-//
NOW, THEREFORE, in consideration of the above recitals, the covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency
of which the parties hereby acknowledge, City and Pacific hereby agree as follows:
1. Delivery of Green Waste to the Otay Landfill and use as ADC.
Pacific shall deliver Green Waste collected under the Franchise to the Otay Landfill, and
cause it to be used as ADC at the Otay Landfill, throughout the term ofthe Franchise, in a
manner which qualifies, pound for pound, as waste stream diversion under the California
Integrated Waste Management Act of 1989 or any equivalent Applicable Law
("Diversion Laws"). Green Waste generated in the City shall, at all times, have priority
access to the Otay Landfill's ADC capacity over Green Waste generated outside the City.
In the event of a Change of Law within or affecting the Diversion Laws that requires a
different ADC process, or eliminates ADC as a qualified waste stream diversion, subject
to City's prior written approval, Pacific shall modify its ADC process to comply with
such Change of Law, or process Green Waste in a manner that does qualify for pound for
pound waste stream diversion, as the Change of Law requires. Pacific shall provide the
Green Waste service and ADC processing contemplated hereby within the existing
General Service Rates structure under the Franchise, subject to any and all allowed Rates
increases and limitations set forth therein.
2. Additional City Benefits.
In consideration for City's approval of the conversion to a Green Waste ADC program,
throughout the term of the Franchise, Pacific agrees as follows:
a. Tree Trimming Exemption. Pacific will cause the acceptance at the Otay
Landfill of Green Waste, including, without limitation, palm fronds and
clean lumber, delivered by City crews and City contractors working on
City projects, free of charge. This Green Waste will not be counted as part
of the City's free disposal tonnage at the Otay Landfill under Section 4.4.1
of the Franchise.
b. Clean Dirt/Fill Exemption. Pacific will cause the acceptance at the Otay
Landfill of clean dirt and fill delive~ed by City crews generated as a result
of maintenance of City property or installation of City infrastructure, free
of charge. This clean dirt and fill will not be counted as part of the City's
free disposal tonnage at the Otay Landfill under Section 4.4.1 of the
Franchise. For purposes of this Section "clean" dirt or fill shall be dirt or
fill that is free of asphalt, concrete, trash, pipe, petrolewn and chemicals
that are typically not found in excavation of undisturbed ground; provided,
however that processed rock products such as aggregate base, aggregate
sub-base, decomposed granite, and similar materials, shall be allowed.
2
9-/..L
c. Free Material For Chu1a Vista Residents. Pacific will arrange for at least
three advertised events per calendar year for Chu1a Vista residents to
obtain, free of charge, chipped green waste, "mulch" or, at Pacific's
discretion, compost. Such events shall be held at the Otay Landfill, or at
another convenient site approved by City within the City.
d. Cooperation with Future Composting Opportunities. Pacific agrees to
meet and confer with the City from time to time, as City may reasonably
request, to explore alternatives to the Green Waste ADC program that
would maximize Green Waste diversion during and beyond the operation
of the Otay Landfill and would result in the creation of a value added
product (e.g., compost). Upon closure of the Otay Landfill, Pacific shall
cause Otay Landfill, Inc. to make available to the City, in perpetuity, at
least 20, and up to 30, acres of land suitable for use as a wholesale
composting operation. Specific site location and size shall be subj ect to
City's reasonable approval.
e. Green Waste landfill Passes. Pacific shall give Small Quantity Generators
within the City two (2) free Green Waste disposal passes per calendar year
for use at the Otay Landfill for a single vehicle no greater than one ton in
capacity each. Each vehicle load of Green Waste brought to the Otay
landfill by a Small Quantity Generator shall be used as part of the ADC,
composting or other program eligible for diversion credit under then
applicable Diversion Laws.
3. Interrelationship Between this Agreement and the Franchise.
This Agreement sets forth the terms and conditions of the City's Green Waste
program, and implements the relevant provisions of Section 8.5.2 of the Franchise.
This Agreement shall be attached to the Franchise and shall be incorporated therein.
A default by Pacific in its obligations under this Agreement shall also be considered a
default under the Franchise. To the extent of any conflict between Section 8.5.2 of
the Franchise and this Agreement, the terms of this Agreement shall govern.
4. Binding on Successors and Assigns.
This Agreement shall be binding on all signators hereto, and their respective
successors and assigns.
[NEXT PAGE IS SIGNATURE PAGE]
3
9~/3
, .
SIGNATURE PAGE TO
SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE
IMPLEMENTATION AGREEMENT
[GREEN WASTE]
IN WITNESS WHEREOF, City and Pacific have entered into this Agreement as
of the Effective Date.
CITY:
PACIFIC:
David D. Rowlands, Jr.
City Manager
Attest:
Allied Waste North America, Inc.,
a Delaware corporation, dba
Pacific aste Services
~
es . Ambroso
District Manager
City ofChu1a Vista
City Clerk
Approved as to form by
City Attorney
BY SIGNING BELOW OTAY LANDFILL, INC. ACKNOWLEDGES AND
AGREES TO BE BOUND BY THE TERMS AND. CONDITIONS OF THIS
AGREEMENT AS THEY RELATE TO THE OTAY LANDFILL OR OTHER
ACTIVITIES OR PROPERTIES WITHIN ITS CONTROL AND TO COOPERATE
WITH PACIFIC TO FACILITATE PACIFIC'S PERFORMANCE OF ITS
OBLIGATIONS HEREUNDER
Otay Landfill, Inc.
~.~~
Its: t:t~~ t-I( ~ -
J:\Attomey\Agree\grreen waste agreement
4
'1-/1
COUNCIL AGENDA STATEMENT
Item 10
Meeting Date: May 14, 2002
ITEM TITLE:
SUBMITTED BY:
Report on the Chula Vista Public Library Strategic Plan 2002-2006
Deputy City Manager Palmer~
City Manage~~{\'
REVIEWED BY:
In October 2001, the Library undertook the development of a long-range strategic plan. The
plan, which is now completed, provides a blue print for library service over the next five years
(see Attachment A).
Under the guidance of a local consulting firm, the Alford Group, a Strategic Plan Committee was
formed to oversee development of the plan. The 30 plus member Steering Committee, made up
of committed community volunteers and leaders, plus key Library and City staff members, met
over the course of three months. The Task Force molded new mission, vision and value
statements and identified nwnerous strategic initiatives. From those initiatives a set of library
service responses were created. Finally, the plan identifies very specific goals and objectives to
implement the program.
RECOMMENDATION: That Council accept the report.
BOARD/COMMISSION RECOMMENDATION: At their meeting on April 17, the Library
Board of Trustees voted unanimously to endorse the five year Strategic Plan (see Attachment B).
DISCUSSION:
The Chula Vista Public Library Strategic Plan 2002-2006 is designed to focus priorities and
resources in order to ensure that Chula Vistans receive the highest quality library service possible
over the next five years.
The plan was developed using a modified version of the Public Library Association's "Planning
for Results" model and a model developed by our consultants, the Alford Group. A Steering
Committee, made up of library supporters and City staff members, guided the development of
the report. To facilitate their discussion, the Steering Committee received considerable back-up
material such as demographic information about the community, data about the library and its
current usage, and needs assessment information from the Library Bond Act process.
/0 -I
Item [0., Page 2
Meeting Date: May 14, 2002
The process began by creating a new Mission Statement and Vision Statement for the Library.
Then the Task Force broke into five sub-committees to deal with the following topics:
· Programming and Clients
· Staff and Volunteers
· Marketing and Communications
· Facilities
· Finance
These groups met anywhere from three to five times, developing a detailed list of strategic
initiatives for the full Steering Committee to consider. Once these initiatives were agreed upon,
decisions were made about the Library's primary service responses. Finally, staff then developed
specific goals and objectives to implement the plan.
Highlights of the Strategic Plan include:
MISSION STATEMENT: The Pttrpose of the Chula Vista Public Library is to increase
knowledge and enrich lives within the community. We accomplish
this by connecting people equitably to responsive programs,
services and resources that reflect the ideals of a democratic
society
VISION STATEMENT: The Chula Vista Public Library - Offering Opportunities to Seek,
Find, Know and Imagine
SERVICES PROVIDED: Basic Literacy - We will provide a learning environment,
specialized materials, and access to trained tutors to help people
reach their personal literacy goals.
Commons/Community Center - We will provide public space for
meeting, gathering and public discourse that is recognized as
inviting, neutral, and safe by all individuals and groups in the
community.
Current Topics and Titles - We will provide a current collection
of sufficient titles in high demand to ensure customer requests are
met quickly.
General Information - We will offer print, non-print and
electronic reference resources that cover a broad variety of topics.
The library will provide staff skilled in determining users' needs
and in locating relevant information that satisfies those needs.
Item ]0 , Page 3
Meeting Date: May 14, 2002
Lifelong Learning - We will maintain an extensive collection of
circulating materials on a wide variety of topics in which the
general public has a sustained interest. Knowledgeable staff will
provide expert assistance on subjects and topics of interest to thc
general public.
Local History - We will provide a significant collection of
materials that chronicle the history of Chula Vista and the South
Bay.
It is important to note that these service responses apply to all ages
of library users. For example, the Library will provide children's
story hours (Basic Literacy), book discussion groups for adults
(Current Topics and Titles), and books on all sorts of subjects for
all levels of readers (Lifelong Learning).
GOALS & OBJECTIVES: The final piece of the Strategic Plan is a set of 37 goals covering
topics ranging from service excellence, literacy, local history, new
technologies, collaboration, quality of work-life for staff and
volunteers, training for staff, volunteers and public, design of
future library facilities, funding of ongoing maintenance and
repair. Each goal has anywhere from two to six objectives that
should be met over the next five years to implement the goal. The
monitoring and development of additional goals and objectives is
an ongoing process.
Although, at the end of five years, we may find that not every goal has been accomplished nor
every objective met, the Library staff and the Library Board of Trustees are confident that this
strategic plan provides clear focus and direction, and will ensure that the public receives the very
highest service possible.
FISCAL IMPACT: The total cost of implementing the many goals and objectives outlined in
the Chula Vista Public Library Strategic Plan has not been calculated. These costs will be
determined when preparing the bi-annual General Fund and Capital Improvement Projects
budgets over the life of the five-year Chula Vista Public Library Strategic Plan. Besides city
funds, grants and general funding-raising will also be significant revenue source for
implementation of these programs and services.
Attachments
A -Chula Vista Public Library Strategic Plan
B April 17, 2002 Minutes of the Library Board of Trustees
Attachment A
CI1~ OF
CHULA VJ~A
Chula Vista
Public
Strategic Plan
Chula Vista
Public 1 Jbrar.x
STRATEGIC PLAN CHULA VISTA PUBLIC LIBRARY
Our community, the second largest city in San Diego County, is experiencing a renaissance, Over the next
rive years the look and feel or Chula Vista will change dramatically as the redevelopment of the older
sections of the city continues, as the master planned communities in the east move towards build-out,
and as the Bayfront blossoms.
The Board of Trustees and the staff of the Chula Vista Public Library understand that the Library must be
poised to meet the challenges and opportunities ahead. To achieve that goal, a public planning process
was initiated in 2001, With the help of numerous and generous members of the community, this five year
(2002-2006) strategic plan was created. The plan offers a blue print for the future and provides the
strategies necessary for the Library to successfully meet the needs of its clientele,
For 110 years, the Chula Vista Public Library has been the intellectual, cultural and social heart of the
city. This strategic plan will ensure that the Library continues to fulfill that vital role.
David J. Palmer Tris Hubbard
Director, Chula Vista Public Library Chair, Chula Vista Public Library
Board of Trustees
CHULA VISTA PUBLIC LIBRARY STRATEGIC PLAN
The purpose of strategic planning is to sharpen
organizational focus so that all organizational resources
are optimally utilized in service to the mission. The
Chula Vista Public Library Strategic Plan 2002-2006 is
the result of a creative and participatory process that
has engendered new insights and will help the Library
pursue its mission with renewed vigor. It will also help
the Library to focus its priorities in response to a
changing environment and ensure that staff, board and
volunteers are working toward the same goals during
the next few years.
Dozens of community volunteers and library
professionals came together for three months in the fall
of 2001 to prepare this plan. Their combined experience
and expertise have shaped the concepts, process and
language of Library's 5-year strategic plan.
Community Representatives Library Representatives
Greg Alabado Paula Brown
Mary Jo Buettner John Bishop
Jane Cambell John Corbett
Constance Clover JoAnn Howard
Reverend Richard Freeman Stephanie Loney
Christine Gonzalez Nora McMartin
Tris Hubbard David Palmer
David Johnson Patrice O'Halloran
Nancy Kerwin Eric Rhee
Susan Lipp Maureen Roeber
Rob MacKenzie Jodie Sawina
Natasha Martinez Meg Schofield
John McLaren Shauna Stokes
Sandy Pasqua Susie Ward
Joan Roseman
Helena Sabala Other City Staff
Judy Schulenberg Ed Chew
Ward Smith Cheryl Fruchter
B. Kent Turner Jeri Gulbransen
Jose Viesca Karen Harvell
Klm Himstreet
Consultants
The Alford Group
STRATEGIC PLAN CBULA VISTA PUBLIC LIBRARY
Chula Vista Public Library Mission Statement · Inclusiveness - CVPL is reflective and representative
The purpose of the Chula Vista Public Library is to of all peoples in the community
increase knowledge and enrich lives within the · Dedication- Library staff is highly motivated,
community. We accomplish this by connecting people operates from a sense of conviction, and works
equitably to responsive programs, services and toward a common mission and mutually understood
resources that reflect the ideals of a democratic society, goals.
· Vision - CVPL is innovative, creative, progressive,
Vision Statement proactive and willing to take prudent risks,
The Chula Vista Public Library- Offering ·Integrity- Library staff conforms to the highest
Opportunities to Seek, Find, Know and Imagine ethical standards, is honest, trustworthy, and utilizes
all resources efficiently and effectively.
Values Underlying · Sensitivity- Library staff is respectful of the
Library Service to the Community uniqueness of others, and is open and responsive,
· Excellence- The Chula Vista Public Library (CVPL) is treating ell with dignity and grace, focusing on the
dedicated to the provision of quality public service and inherent abilities of all.
continuous professional development, and strives to
attain the highest level of professionalism and service.
· Citizenship- CVPL preserves our democratic ideals by
respecting intellectual freedom and by making available
a wide range of viewpoints and ideas so that all
individuals have the opportunity to become informed,
educated and culturally enriched.
CHULA VISTA PUBLIC LIBRARY STRATEGIC PLAN
As a result of the planning process, the Library Current Topics and Titles- CVPL will provide a
will allocate its critical resources in order to focus on current collection of sufficient titles in high demand to
six primary services, ensure customer requests are met quickly. Materials
will be offered in formats and in the languages people
Basic Literacy- CVPL will provide a learning want and will be selected primarily on the basis of local
environment, specialized materials, and access to demand.
trained tutors to help people reach their personal General Information - CVPL will offer print, non-print
literacy goals, and electronic reference resources that cover a broad
Commons/Communily Center- CVPL will provide variety of topics, The library will provide staff skilled in
public space for meeting, gathering and public determining users' needs and in locating relevant
discourse that is recognized as inviting, neutral, and information that satisfies those needs. Internet access
safe by all individuals and groups in the community, will be provided for staff and public use.
Lifelong Learning - CVPL will maintain an extensive
collection of circulating materials on a wide variety of
topics in which the general public has a sustained
interest. Collections will be easily accessible and
organized. Knowledgeable staff will provide expert
assistance or~ subjects and topics of interest to the
general public.
Local History- CVPL will provide a significant
collection of materials and other resources that
chronicle the history of Chula Vista and South Bay.
Civic Center Branch Library
EastLake Branch Library
· STRATEGIC PLAN CNULA VISTA PUBLIC LIBRARY
As part of the planning process the Strategic Plan · Encourage talented employees to enter into
Steering Committee reviewed numerous facts and librarianship as a profession
assumptions related to library service in Chula Vista. · Commit to a diverse workforce
They then created a set of initiatives designed to · Ensure a commitment to an ethical organization and a
address areas of concern in five categories, high quality of work life for both staff and volunteers
Programming and Clients Marketing and Communications
· Strengthen the role of the Chula Vista Public Library · Focus on promoting key CVPL programs and services
(CVPL) as a community center · Ensure that there are adequate resources to meet
· Develop, grow and strengthen CVPL programs and CVPL marketing and communications priorities
services so that they will continue to be responsive to · Use technology to support and enhance marketing
the diverse citizens of Chula Vista, while taking into efforts
account projected demographic changes · Establish a clear and consistent visual image, style
· Develop and enhance and messaging
collaborative efforts · Communicate the mission and values of CVPI. to the
with other agencies and community
organizations to better
integrate and connect Facilities
services and programs · Provide sufficient and accessible workspace and
to targeted populations adequate equipment for both staff and volunteers
· Assess community · Design future libraries to ensure maximum flexibility
needs and satisfaction · Ensure that CVPL networks and facilities are
with CVPL services compatible with current and projected information
· Explore options for delivery technology
broadening access to · Develop clear, consistent signage and develop
CVPL services and methodologies for way-finding
improve information · Ensure the current and future CVPL facilities and
materials delivery grounds are maintainable, welcoming, visible, safe,
· Integrate the use of accessible and environmentally progressive
South Chula Vista technology into the effective delivery of CVPL services · Ensure that CVPL's Growth Management Oversight
Branch Library and programs Threshold is maintained
· Work towards a functionally literate population
Finance
Staff and Volunteers · Commit to fundraising and securing apprepriate grants
· Ensure there are meaningfuijobs for volunteers to enhance CVPL goals
· Maximize volunteer opportunities to help expand CVPL · Continue public funding to maintain the CVPL
programs and services operating budget in the upper quartile nation-wide
· Commit to the provision of quality customer services · Explore and expand collaborative efforts as a way to
by both staff and volunteers implement or improve programs and minimize
· Ensure ongoing professional development for staff financial impact on CVPL's operating budget
and volunteers · Use technology to increase productivity, and optimize
· Ensure a management structure that continues to personnel and material utilization
respond to the changing community and professional · Explore reallocation of existing funds to accommodate
environment CVPL's changing priorities
CHULA VISTA PUBLIC LIBRARY STRATEGIC PLAN
Goals and objectives have been developed in Goal 5: Maintain an excellent and responsive
response to the identified strategic initiatives. These materials collection
will be used to implement the Library's vision and · Annually maintain title, author, subject fill rates at a
mission. Since this is a five-year strategic plan, the year minimum of 60% and browsing fill rate at a minimum
of implementation is indicated if the objective is new. of 85% as determined by the Materials Availability
Ongoing, annual objectives do not have a year indicator, Survey
· Increase CVPL's annual materials expenditure per
Goal 1: Encourage young people to develop an capita to the nation-wide median as reported in the
interest in reading amd learning through a variety current edition of Public Library Data Services'
of services for children and young adults Statistical Report for libraries serving populations of
· Annually conduct a minimum of 3 system-wide 100,000 to 249,999 (for FY 2000, the median
reading programs for youth expenditure is $3.26)
· Annually present weekly language-appropriate story · Review and revise, as necessary, the CVPL Collection
hours at all branch libraries Development Policy every three years (Year 2)
· Conduct weekly "lap-sit" story hours for children and · Plan, select, order, process and store Rancho del Rey
their parents at all branches (Year 2) Branch Library's "opening day" collection (Year 2)
· Develop a plan for potential expansion of the LEAP · Provide a minimum of 3 library items (books, videos,
afterschool reading program (Year 2) DVDs, CDs, etc.) per capita (Year 4)
· Design, promote and present a course for preschool
teachers on reading Goal 6: Deliver accurate and efficient information/
and story telling reference services responsive to individual and
techniques in community needs
collaboration with the · Annually maintain a 90% reference completion rate
Chula Vista · implement 24/7 reference service via the CVPL's
Elementary School website (Year 1)
District (Year 5) · Establish guidelines for improved and consistent
customer service, telephone reference and virtual
Goal 2: Continue Io reference (Year 2)
provide adult · Bi-annually invite experts to audit and evaluate the
j literacy services quality of customer services provided by CVPL (Year 3)
· Annually ensure
that the Chula Vista Goal 7: Provide opportunities for life-long learning
Literacy Center at the · Annually plan and present a minimum of six formal
South Chula Vista sessions of library/computer training classes for the
Branch Library is public at Civic Center and South Chula Vista Branch
open to the public a minimum of 46 hours per week Libraries
· Annually retain 75% of adult literacy learners and · Annually recruit, hire, train and supervise a para-time
volunteers for a minimum of six months staff of 84, who will serve up to 1,620 children daily
at 30 elementary school sites through STRETCH and
Goal 3: Reflect Ihe varied interests and cultural DASH afterschool programs
heritage of the community with programs, evenls · Plan, design, and open, in collaboration with CVESD,
and displays
an Early Childhood Education Center for the Rancho
· Annually prepare a programming plan of service del Rey Branch Library (Years 1-4)
· Annually present a minimum of 5 shows representing · Develop program needs assessment for teens, adults
the work of visual artists at the Rosemary Lane and seniors (Year 1)
Galeria at the South Chula Vista Branch Library
Goal 8: Collecl, preserve and make available the
Goal 4: Continue Io provide free public meeling history of Chula Vista
rooms at all branch libraries
· Annually ensure that the Chula Vista Heritage
· Revise CVPL's Meeting Room Policy (Year 1) Museum is open to the public a minimum of 15 hours
· Provide online reservations of meeting rooms (Year 2) per week
STRATEGIC PLAN CHULA V~STA PUBLIC LIBRARY
· Annually ensure that the Goal 12: Provide access to library programs and
Volunteer Museum Coordinator's services through the use of technology
position is filled . Annually review and revise, as necessary, the CVPL
· Review and revise, as necessary, technology plan of service
the Local History Room section of · Offer Intemet and database access directly to the
the CVPL Collection Development public from all branches
~-~- Policy every three years (Year 2) · Distribute electronically the monthly calendar of
events and other appropriate materials to school
Goal 9: Ensure a high quality o! public library districts, collaboratives, business associations, and
services througb appropriate planning processes others who request it monthly (Year ])
· Annually review and evaluate progress towards
implementation of the CVPL strategic and facilities Goal 13: Maintain an ell/c/em, cost-effective,
master plans patron-oriented library materials inventory system
· Maintain monthly liaison with Library Board of thai is responsive to public need
Trustees and Friends of the CVPL · Ensure that CVPL's "online library automation system"
is fully operationally 99% of the year
Goal 10; Continue to enter inlo partnerships to · Annually review and revise, as needed, the circulation
integrate library services into the Chula Vista policies and procedures
community · Annually audit the need for additional self-checkout
· Annually retain membership in and regularly attend and check*in technology at all branches and review
the meetings of a minimum of 3 collaboratives with and evaluate enhancements to the technology
the Chula Vista community
· Annually secure funding from the Chula Vista Goal 14: Ensure that library programs and services
Elementary School District (CVESD) for operations of are accessible to the broadest range of potential
STRETCH and DASH after school programs users
· Conduct STRETCH and DASH program evaluations in · Annually present weekly language*appropriate story
cooperation with CVESD, including on-site times at all branch libraries
programming, state required data collection, and · Annually provide bilingual (English and Spanish) staff
parent/child/teacher satisfaction surveys a minimum of 50% of hours open to the public
· Collaborate with CVESD to introduce public library · Expand public sen/ice hours an additional 8 hours/
skills to students at 4 elementary schools (Year 1) week at South Chula Vista Branch Library to a total of
· Institute delivery of public library materials to all 56 service hours per week (Year 1)
CVESD elementary school sites (Year 5) · Conduct a feasibility study of off*site service delivery
issues and options (Year 3)
Goal 11: Commil to assess community needs and · Open Rancho del Rey Branch Library to the public
satislaction with Chula Vista Public Library (Year 4)
services
· Annually conduct/rehouse (public) user satisfaction Goal 15: Maintain a consistent level of service
survey excellence to a multi-cultural public with well
· Annually conduct a minimum of one community focus trained staff and volunteers
group to determine user satisfaction and identify · Annually budget funds in CVPL's operating budget for
under-served populations staff development and training
· Annually conduct the Materials Availability and · Annually conduct a "Professional Development Day"
Reference Completion surveys · Annually maintain corporate membership in the Serra
· Annually conduct a public training needs assessment and Tierra del Sol Library systems
and evaluate training opportunities throughout the · Develop and implement a staff training plan (Year 1)
community · Incorporate training plans into employee performance
· Implement library-oriented surveys on CVPL's website evaluations (Year 2)
(Year '1)
· Begin annual community literacy needs assessments
(Year 2)
-//
CHULA V)STA PUBLIC LIBRARY STRATEGIC PLAN
Goal 16: Embrace diversity Goal 23: Increase the visibility and community
· Annually provide CVPI. staff and volunteer training to awareness of the library, its services, programs and
recognize and accept differences in others funding needs
· Prepare and distribute the monthly calendar through alt
Goal 17: Oplimize volunteer opportunities appropriate methodologies
· Annually maintain volunteer program at · Review the CVPL websites weekly for accuracy and
approximately 100 filled positions throughout the timeliness
CVPL system · Prepare and distribute Collections newsletter quarterly
· Recruit an experienced volunteer grant writer (Year 1) · Continue the formal, centralized review, and approval
Goal 18: Ensure that volunteers are well malched process for all marketing and promotional materials
to their jobs and are recognized for their · Develop a criteria for deciding whether to participate in
accomplishments community events and ensure that CVPL is represented
· Annually recognize and thank volunteers at a minimum of 6 community events annually (Year ])
· Bi-annually review and revise, as needed, all · Develop a checklist of communications tools for
volunteer job descriptions (Year 2) promoting programs and services (Year 1)
· Develop a list of key CVPL marketing messages (Year 1)
Goal 19: Encourage talented employees, · Create templates for brochure and flier design (Year 1)
volunteers and inlerns to enter into librarianship · Develop and implement a CVPL "style and graphic
as a profession standards" manual (Year 2)
· Annually identify and make available opportunities for · Create and implement a CVPL "speaker's bureau" (Years
minority scholarships for 2-3)
library school
· Investigate establishing a Goal 24: Maintain atlractive, slructurally sound, safe
scholarship fund for library and environmentally conscious library facilities
school (Year 1) · Annually provide Librapj Visitor Assistants 35% of the
time each branch library is open
Goal 20: Continue Io · Prepare and distribute "Disaster Preparedness" manual
adhere to the American (year 1)
Library Association's · Ensure that the architect of the Rancho del Rey Branch
Code of Ethics Library designs a facility that is attractive, structurally
· Annually conduct ethics sound, safe and environmentally conscious (Years 1-2)
training for all CVPL
/ employees Goal 25: Provide sufficienl and accessible work
space and adequate equipment 1or both staff and
~, Goal 21: Commit to a high volunteers
quality of work life for · Annually audit space and equipment needs based on
~ slaff and volunleers current programs and services for capital and operating
· Conduct new employee budget preparation
and volunteer orientation within the first week of
employment Goal 26: Maintain consistent level of service to the
· Annually survey CVPL staff to evaluate the communily through the implementation of the CVPL
effectiveness of specific communications tools and "Facilities Master Plan"
identify training needs · Prepare a Library Bond Act application for construction of
· Ensure that staff-run activities committees are the Rancho del Rey Branch Library by June 14, 2002
established at all branches (Year 2) · Build an approximately 30,000 square foot branch library
at Rancho del Rey by 2005/06
Goal 22: Commit to making marketing and · Revise the CVPL "Facilities Master Plan" (Year 5)
communications a priority
· Prepare an annual "public relations/marketing plan"
that establishes strategy, delineates budget,
prioritizes projects, and outlines appropriate tactics
STRATEGIC PLAN CHULA VISTA PUBLIC LIBRARY
Goal 27: Ensure that the Goal 33: Use technology to increase productivity
design and planning for all and contain costs, if possible
library facilities strives to · Annually review, in collaboration with Building
meet the goals of the Services, the lighting and HVAC systems at all city
Strategic Plan owned library facilities, to ensure that they are up-to-
. Work with the architect of date and energy efficient, thus saving funds that could
the Rancho del Rey Branch be used for programming and other public services
Library to ensure that building · Investigate the possibility of electronic payment of
space, adjacencies, furniture, fines and the use of debit/credit cards for financial
fixtures, and equipment reflect transactions (Year 2)
the "Plan of Service" (Years 1-
2) Goal 34: During budgel review, consider
reallocation of ex/sling approprialions to
Goal 28: Ensure the library's accommodate the library's evolving plan of
networks and facilities service before requesting budget enhancemenls
include compatibility with current and projected · Annually review savings and shortfalls in CVPL's
information delivery technology operating budget and adjust accounts accordingly
· Annually budget sufficient funds in the CVPL and · Annually review and recommend changes, as
Management and Information Services operating and necessary, to the City's "Master Fee Schedule"
capital budgets for upgrades and purchases of needed
software, equipment and technological infrastructure Goal 35: Explore ways to more successfully fund
maintenance, renovation and replacement of
Goal 29: Improve library signage and way-finding library facilities, furnishings and equipmenl
· Conduct a professional audit of current signage and · Annually audit space and equipment needs based on
way-finding at all City-owned branches (Years 2-3) current programs and services for capital and
operating budget preparation
Goal 30: Grow the library endowment so that there · Annually work with Building and Park Construction
are funds available for supplemental budgetary Department and Capital Improvement Projects
purposes Coordinator to help identify funding sources
· Annually budget funds in CVPL's operating budget for
fundraising endeavors Goal 36: Ensure a management structure that
· Annually conduct 2 direct mail fundraising campaigns continues to respond to the changing community
· Establish a community-based, volunteer "Fundraising and professional environment
Committee" (Year 1) · Annually conduct a CVPL manager's retreat
· Conduct divisional and branch staff meetings at least
Goal 31: Maintain the library's per capita once a month
operating budget in the upper quartile of libraries · Develop a Goals and Objectives tracking system and
in the 100,000 to 250,000 population group monitor quarterly (Year 1)
nationwide
· Annually review/revise/prepare an operating budget Goal 37: Increase the operational and
that maintains CVPL in the upper quartile nationwide management efficiency and effectiveness of CVPL
· Annually complete the State Library and Public Library
Goal 32: Consider collaborative opportunities to Data Survey reports by due date
improve or meet library goals and contain costs, if · Annually update donor plaque at all branches
possible · Send necessary materials recovery information to
· Annually prepare funding proposals to the friends of Finance Department by the first of each month
the Library chapters · Provide monthly system-generated and/or vendor
· Develop a plan to obtain corporate sponsorship supplied circulation and usage statistics
support (Year 2) · Process system requisitions and invoices with 7 days
of receipt
Shirley A. Horton, Mayor
Patty Davis
Stephen C. Padilla
Jerry R. Rindone
Ma~J Salas
Tris E. Hubbard, Chair
Constance Clover
George Hari:man
Sandra M. Pasqua
Eduardo Valerio
CIIY OF
CHULA VISTA
April 2002
Attachment B
Minutes
LIBRARY BOARD OF TRUSTEES
April 17t 2002 LIBRARY CONFERENCE ROOM 4:00 PM
All Items May be Considered for Action
CALL TO ORDER
ROLL CALL Trustees: Clover E , Pasqua P , Valerio _P, Chair Hubbard _P ,
Vice Chair Hartman P
City StaffPrescnt: David Palmer, Paula Brown, John Corbctt, Maurcen Roebcr
I. APPROVAL OF MINUTES - Meeting of March 20, 2002
This item will be carried forward to the May meeting
II. CONTINUED MATTERS
A. Final Approval - Library Strategic Plan
Trustees reviewed an updated copy of the Library Strategic Plan.
MSUC (Pasqua/Valerio) to approve the Library Strategic Plan
This item will be taken to the City Council on May 14~. Chair Hubbard agreed to
attend this meeting in support of this item.
CITY COUNCIL AGENDA STATEMENT
Item: ][
Meeting Date: 05/14/02
ITEM TITLE: Action Item: PCA-02-03, City-initiated proposal to amend the
Growth Management Ordinance; the Growth Management
Program; and the Threshold/Standards and Growth Management
Oversight Commission Policy, to enact corrected threshold
standards for Police and Fire/Emergency Medical Services, and a
revised Libraries threshold standard.
a) Ordinance of the City of Chula Vista amending section
19.09.040 d of the Chula Vista Municipal Code relating to growth
management quality of life threshold standards for Librat~y
threshold standards.
b) Ordinance of the City of Chula Vista amending section
19.09.040 a and b of the Chula Vista Municipal Code relating to
growth management quality of life threshold standards for Police
and Fire/EMS threshold standards.
c) A resolution of the City Council of the City of Chula Vista,
California amending section 3.6.1 of the city's Growth
Management Program, and the Library threshold standard of the
City's threshold/standards and Growth Management Oversight
Commission Policy.
d) A resolution of the City Council of the City of Chula Vista,
California amending sections 3.3.1 a and b, and 3.4.1 of the City's
Growth Management Program, and the Police and Fire/EMS
threshold standards of the city's threshold standards and Growth
Management Oversight Commission Policy.
S~JBMITTED BY: Deputy City Manager and Library Director
Police Chief
Fire Chief
Director of Planning and Building/~
REVIEWED BY: City Manager{~.~?ai~,a.~ (4/Sths Vote: Yes No
X
)
At the May 31, 2001 joint meeting of the Growth Management Oversight Commission
(GMOC), Planning Commission, and City Council, the GMOC presented the 2000
Growth Management Annual Report, which calls for amendments to the threshold
Page 2, Item I I
Meeting Date 05/14/02
standards for Police, Fire/Emergency Medical Services, and Libraries. The Planning
Commission and City Council unanimously accepted the report and directed staff to
prepare the proposed changes in the threshold standards for formal adoption.
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that there is no possibility that the activity may have a significant effect on the
environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines
the activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION: That Council:
1. Find that the proposed amendments are exempt from environmental review
under Section 15061 (b) (3) of the State CEQA guidelines.
2. Adopt the Ordinance amending Section 19.09.040 D of the Chula Vista
Municipal Code to enact a revised Libraries threshold standard.
3. Adopt the Ordinance amending Sections 19.09.040 A and B of the Chula Vista
Municipal Code to enact corrected threshold standards for Police and
Fire/Emergency Medical Services.
4. Adopt the Resolution amending Section 3.6.1 of the City's Growth Management
Program (Exhibit A of the resolution), and the Libraries Threshold Standard of
the City's Threshold Standards and Growth Management Oversight Commission
Policy (Exhibit B of the Resolution).
5. Adopt the Resolution amending Sections 3.3.1 and 3.4.1 of the City's Growth
Management Program (Exhibit A of the resolution), and the Police and
Fire/Emergency Medical Services threshold standards of the City's Threshold
Standards and Growth Management Oversight Commission Policy (Exhibit B of
the resolution).
BOARDS/COMMISSIONS RECOMMENDATION: After lengthy deliberation the
GMOC recommended the proposed threshold changes in their 2000 Annual Report. The
GMOC Annual Report was reviewed and accepted by the Planning Commission and the
City Council at a joint GMOC workshop meeting on May 31,2001.
On November 14, 2001, the Planning Commission held a public hearing and voted (5-0-
1-1) to recommend that the City Council approve the proposed amendment for Libraries.
The Planning Commission, however, citing both the need for further clarification and the
adoption of broader performance standards that rely on more than growth related
standards, did not take action regarding the proposed amendments for Police and
Fire/Emergency Services. At a subsequent Planning Commission public hearing on April
10, 2002 where additional information was presented, the Planning Commission voted 4-
Page 3, Item II
Meeting Date 05/14/02
1-1-1 to recommend that the City Council approve the proposed threshold amendmems
for Police and Fire/EMS. The Planning Commission's resolutions and draft minutes are
included as Attachment 1.
DISCUSSION:
Police and Fire Threshold Standard Amendments
The original Police and Fire response time threshold standards, established in 1988, were
calculated incorrectly, as they were set during a pre-Computer-Aided Dispatch (CAD)
period of time when record keeping was rudimentary at best. Since that time, Police and
Fire have been obliged to meet an incorrect standard. The proposed amendment corrects
the original error, and does so without changing or compromising current public safety
performance or accountability in any way.
Three factors in particular led to the development of the erroneous original thresholds:
® Inaccurately low baseline dispatch times were used to set the standards.
Police response time is made up of two components dispatch time and travel
time. A third component turnout time is added for Fire. It is in the
calculation of dispatch time that the original error occurred.
In !988, dispatch time was recorded manually by means of punch cards.
During peak call volume times, dispatchers became preoccupied with handling
emergency calls rather than with record keeping. This was certainly the correct
thing to do from an operational perspective; however, it often understated
dispatch times. Record keeping (card-punching) often occurred after the fact.
Thus, "Time Received" and "Time Dispatched" which should have been
punched as those activities occurred, were often punched simultaneously,
creating a disproportionate number of "zero" elapsed or dispatch times. When
averaged in with all other emergency calls over an 8-month period, these calls
made the average response time appear to be shorter than it actually was.
How much shorter? Staff has calculated a reliable 18-second difference for
Police calls. With the introduction of the first CAD system in 1990, the City
began receiving a highly accurate record of true dispatch times. Over the next
9 years, the record shows very little fluctuation in recorded dispatch times.
In addition to this consistency, it is also important to note that the dispatch
process itself has changed little since the early 1980s. Therefore, it is
reasonable to draw three conclusions:
1. The 9-year record of consistent dispatch times is more representative of tree
1988 dispatch times than the current standard which was based on 8 months
of data.
Page 4, Item ~
Meeting Date 05/14/02
2. The CAD-based dispatch time is 18 seconds longer than the 1988 estimate
and this should be reflected in the current standard.
3. The 18-second difference represents measurement error due to an
equipment deficit, and is not the result of changes in the dispatch process
itself.
The measurement error inevitably resulted in the flawed 1988 calculation on
which the threshold standard for Police is now based. Adding 18 seconds to
each Police Priority 1 call from the original database resulted in 2.9% fewer
calls meeting the 7-minute threshold. A similar but smaller dispatch
measurement error was also discovered for Fire calls, resulting in 0.5% fewer
Fire calls meeting the 7-minute threshold.
For Fire calls, the same factors accounting for erroneous dispatch times also
resulted in erroneous turnout time data. Turnout is the amount of time
firefighters need to don their gear, check route information, and depart the
station. Analysis has shown that when the original threshold was established in
1988, average turnout time was understated by 36 seconds, thereby overstating
by 1.1% the number of calls that actually fell at or below the 7-minute
threshold. Taken together, measurement errors in dispatch and turnout times
resulted in the Fire threshold being set 1.6% higher than actual response levels
being achieved at that time.
Un-timed calls and zero call times were not deleted from the database used
to calculate response times. Historically, and still the case today, some
emergency calls are un-timed (and may be recorded as "zero") or have
extremely low, zero, or missing dispatch or travel times that are not due ~to
measurement error. These include calls that are cancelled at some point in the
dispatch process. Examples of calls that are often cancelled before an officer
responds include burglar alarms and 911 hang-ups. These should be deleted
from the database before calculating average response times. This was not
always done in 1988 and, thus, had the effect of artificially overstating by
0.26% the number of calls handled within 7 minutes. It also artificially lowered
the average response time by 22 seconds for Police Priority I calls. Again, a
similar measurement error was calculated on Fire calls.
Natural fluctuations were not always accounted for. Data typically
fluctuates from year to year, or from one measurement to another. Any
threshold should account for this natural, random statistical variation. A widely
accepted factor of ±2.5% variation should be applied to both response time
measures "% of calls within 7 minutes," and "average response time." In
fact, the factor was applied to only one of the 1988 threshold standards (% of
calls within 7 minutes), but was inexplicably absent from the average response
time standard, the measure that is most sensitive to small incremental changes.
To account for natural fluctuations, the average response time standard should
Page 5, Item ,~ ~
Meeting Date 05/14/02
have been increased by 8 seconds for Police Priority I calls. The proposed
amendment would uniformly apply the correct factor to all Police and Fire
measures.
® Changing operations is an additional factor that needs to be accounted for in
regard to the baseline assumptions for the original Fire threshold measurement.
Since 1988, government-mandated training hours have increased several-fold,
requiring fire companies to vacate their districts more often. This results in
more out-of-district responses from neighboring companies, which in turn
reduces the percentage of responses that can be achieved within 7 minutes.
Analysis has shown that only 42% of out-of-district responses are within the
response time target. This percentage over-influences the citywide average by
0.8%, independent of new development.
The table below summarizes the proposed adjustments.
TABLE 1
POLICE CALLS FIRE CALLS
% of Calls Average Response % of Calls
within 7 Minutes Time (seconds) w/in 7 Minutes
Priority I II I II I
Inaccurate Inaccurate
dispatch times 2.9% 4.4% 18 18 dispatch & 1.6%
turnout times
Zero call times Changing
not deleted 0.26% 0.26% 22 12 operations 0.8%
Natural accounted accounted Natural
8 11 2.5%
fluctuations for for fluctuations
Total Total
Adjustment 3.16% 4.66% 48 41 Adjustment 4.9%
Recommended 84% 3.2% 62% 4.7% 4:30 + :48 6:49 + :41 Recommended 85% 4.9%
Threshold = 81% = 57% = 5:30 * = 7:30 Threshold = 80°/O
Page 6, Item ~
Meeting Dat~ 05/14/02
The Tables below present the original and proposed corrected threshold standards.
TABLE 2
POLICE PRIORITY I CFS - Emergency Response
Call Volume % of Call Response Average
w/in Response
7 Minutes Time
Current Threshold 84.0% 4:30
Proposed Corrected Threshold 81.0% 5:30
FY 2000-01 1,734 of 73,977 79.7% 5:13
FY 1999-00 1,750 of 76,738 75.9% 5:50
TABLE 3
FIRE/EMERGENCY MEDICAL SERVICES
% of Call Response w/in
7 Minutes
Current Threshold 85.0%
Proposed Corrected Threshold 80.0%
FY 2000-01 80.9%
FY 1999-00 79.7%
TABLE 4
POLICE PRIORITY II CFS - Urgent Response
% of Call Response Average Response
Call Volume w/in Time
7 Minutes
Current Threshold 62.0% 7:00
Proposed Corrected Threshold 57.0% 7:30
FY 2000-01 25,234 of 73,977 47.9% 9:38
FY 1999-00 23,898 of 76,738 46.4% 9:37
Page 7, Item II
Meeting Date 05/14/02
The Police Department continues to see improvement in response times. Average
response times to emergency calls for service have improved dramatically (see Table 2)
and are in partial compliance with the proposed threshold standard for the FY 00-01
reporting period.
Fire Department response time performance has been very consistent over the last ten
years (1990 to 1999). It is important to re-state that the Fire threshold standard correction
to 80% within 7 minutes, is not recommended in anticipation of lower future performance
levels. On the contrary, as reported in Table 3, this year there has been a significant
improvement in performance from the previous year's data. It is anticipated that Fire
Department performance will continue to improve in future years.
The proposed corrections to the threshold standards are based on a more precise
calculation from the CAD system that was first implemented in 1990 and updated in
1998. The system tracks and accurately reports response times, thus eliminating human
error. In addition, the proposed thresholds reflect statistical methods omitted in
calculating the original thresholds. Changes to the thresholds do not lower quality of life
in Chula Vista and are not growth-related. They correct flaws in the calculation of the
existing threshold standards established in 1988. As always, Fire and Police will continue
to provide a proactive and professional level of service to the community irrespective of
the proposed corrections
Libraries Threshold Standard Amendments
The current threshold standard is 500 gross feet (GSF) per 1,000 population. The 1987
Library Master Plan called for a range of 500 to 700 GSF of library per 1,000 population.
Based on that range, new libraries were being designed to provide 600 GSF per 1,000
population. However, the range created confusion among staff and developers. After
considering several options, the proposed threshold standard now reads as follows:
In the area east of 1-805, the City shall construct, by buildout (approximately year
2030) 60,000 GSF of library space beyond the city-wide June 30, 2000 GSF total.
The construction of said facilities shall be phased such that the City will not fall
below the city-wide ratio of 500 GSF per 1,000 population. Library facilities are
to be adequately equipped and staffed.
It should be noted that three minor changes have been made to the wording from the
GMOC report. The phrase "by buildout (approximately year 2030)" has been added to
better define when the additional library space will be needed. In addition, the phrase
"beyond the June 30, 2000 GSF total" has been added, to more clearly define the intent
for new development to provide more library space over a base year amount. Finally, the
word "new" has been deleted from the last sentence to better describe the intent for all
Page 8, Item II
Meeting Date 05/14/02
library facilities, rather than just new library facilities, to be adequately equipped and
staffed.
FISCAL IMPACT: The proposed corrections to the Police and Fire/Emergency
Medical Service threshold standards do not have a fiscal impact on the City's General
Fund. The proposed revision to the Libraries threshold standard also does not have a
financial impact.
Attachments:
1. Planning Commission Record
Attachment 1
PLANNING COMMISSION RECORD
A. PLANNING COMMISSION RESOLUTION PCA-02-03A
B. DRAFT PLANNING COMMISSION MINUTES FROM NOVEMBER 14, 2001
C. PLANNING COMMISSION RESOLUTION PCA-02-03B
D. DRAFT PLANNING COMMISSION MINUTES FROM APRIL 10, 2002
RESOLUTION NO. PCA-02-03A
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMM~ENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
TO AMEND CHAPTER 19.09.040 D, OF THE CHULA VISTA MUNICIPAL
CODE; AND RECOMMENDING THE CITY COUNCIL ADOPT A
RESOLUTION AMENDING SECTION 3.6.1 OF THE GROWTH
MANAGEMENT PROGRAM, AND THE LIBRARY THRESHOLD
STANDARD OF THE CITY'S THRESHOLD STANDARDS AND GROWTH
MANAGEMENT OVERSIGHT COMMISSION POLICY, TO REVISE THE
LIBRARY THRESHOLD STANDARDS.
WHEREAS, at the request of the City of Chula Vista Library Departments, the City's Growth
Management Oversight Commission (GMOC) has evaluated the need for amendment of the respective Library
Threshold Standards as part of its annual review process; and,
WHEREAS, the GMOC, with the concurrence o£ the Library Departments, presented the revised
Library Threshold Standards as part of its 2000 Annual Report; and,
WHEREAS, at the May 30, 2001, joint workshop with the GMOC, the Planning Commission and City
Council unanimously accepted the revised Threshold Standards, and directed staff to prepare the proposed
changes in Threshold Standards for formal adoption; and,
WHEREAS, on November 14, 2001, the Planning Commission voted 5-0-1-1 to recommend that the
City Council enact the amendment in accordance with its Resolution PCA 02-03A; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity
may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby
recommend that the City Council adopt amendments to Section 19.09.040. D of the Municipal Code as shown in
the attached draft Ordinance (Attachment 1), and amendments to the Growth Management Program and
amendments to the Threshold Standards and Growth Management Oversight Commission Policy as shown in
the attached draft City Council Resolution (Attachment 3).
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 14th day of November, 2001, by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
C:\DFFILES\GMOC\THRESHOLD CHANGE\CC\PC RESOLUTION LIBRARY. DOC
Kevin O'Neill, Chair
ATTEST:
Diana Vargas, Secretary
C:\DFFILES\GMOC\THRESHOLD CHANGE\CC\PC RESOLIITION LIBRARY.DOC
Planning Commission Minutes - 3 - November 14, 2001
Commission Discussion:
Commissioner Thomas asked for clarification on why the percentages and response
times are recommended to be lowered.
Mr. Forster responded that the change reflects a correction to an erroneous
calculation; had there been a better mechanism to analyze data in 1988, those
standards would have been set at what is being recommended today.
Irascema Quilantan, Administrative Services Manager for the Police Department
stated that the change does not compromise the quality of life threshold set in 1988,
but rather, corrects it.
Ms. Quilantan further stated that a couple of years ago the City purchased a
Computer-Aided Dispatch (CAD), which precisely measures the amount of time that
dispatch takes in handling calls, as well as the amount of response time from officers.
Therefore, staff believe that CAD provides an accurate reflection of what threshold
standards should have been in 1988 had such automation been available at the time.
Doug Perry, Acting Fire Chief further clarified that the computers have done nothing
to change the responses; what the computer has done is to accurately document
what is taking place. The only thing that CAD has done is to allow emergency
services to "get out the door" sooner. What will always be the unknown is the travel
time because it is impacted by external conditions over which there is no control, such
as, traffic and weather conditions.
He further stated that the threshold is not truly being changed and what staff is saying
is that from this day forward, hold us accountable to respond to a fire 80% of the time
within 7 minutes. CAD will track whether the standards are being met or not, or being
exceeded.
Commissioner McCann asked when the "stop watch" starts clicking and how it is
that the existing standards were established.
Mr. Perry stated that the clock starts ticking the minute the 911 call is answered.
Additionally, the GMOC consensus in setting the threshold is based on the existing
seven minute/80% standard, and what they are saying is that growth shall not impact
emergency service response time and the standard shall be maintained and not
degraded.
Commissioner Castaneda asked if the City's Growth Management Ordinance is the
only means by which to measure on a Citywide basis response times for emergency
services.
Planning Commission Minutes - 4 - November 14, 2001
Ms. Quilantan responded that to her knowledge there is no other City policy by which
to measure these standards, however, there are other measures used in the Police
Department such as a resident survey that is conducted by SANDAG that measures
both how the City is doing in policing and provides data from residents as to what
areas need more concentration.
There is also a patrol staffing study that is updated annually, which takes into account
available officer time, response times, and time for writing reports. From the staffing
study there is an allocation formula, which indicates whether staffing levels are where
they should be or whether you are short or over-staffed.
Commissioner Hall stated he is more comfortable with what he's heard tonight than
what he read in the initial GMOC report several months ago. Staff has demonstrated
that they have a good handle on the direction they're going with the aid of technology
that can accurately measure any deficiencies in meeting the standards.
He further stated that the Commission will be observant of how growth and design
patterns of new development (i.e. cul-de-sacs and narrow streets) impact the
response times for emergency services.
Cmr. Hall inquired if it was within the Commission's purview to recommend that Police
and Fire provide a quarterly or bi-annual update on how these departments are
meeting the threshold.
Jim Sandoval, Assistant Director of Planning responded that it would be appropriate
for the Commission to make that recommendation by way of a motion directing staff
to relay that recommendation to the GMOC.
Acting Chief Perry stated that he was confident in saying that there will most likely be
no changes in their responses due to the location of the Fire Stations. The only thing
that will improve the response time is when the seventh station is built in 2003 in Otay
Ranch.
Ms. Quilantan stated that they are currently assessing GMOC thresholds on an on-
going basis and would have no problem doing a quarterly or bi-annual report.
Commissioner Castaneda stated that he understands the rationale behind the
requested changes and how the Growth Management Ordinance was designed and
created in 1988. However, with respect to Police, the City of Chula Vista and the tax-
payers have made a substantial investment in new technology, equipment and
additional staffing and the only thing that is available to the public to gauge how the
City is doing with respect to public safety is this threshold, and the numbers indicate
Planning Commission Minutes - 5 - November 14, 2001
that we are retreating, which sends the wrong kind of message to the constituency.
Cmr. Castaneda further stated that as a Planning Commissioner, as it relates strictly
to growth management, he will support these changes with reservation. He strongly
urged that the City decide what is going to be used as a standard for emergency
services and have some sort of guideline that states that if these standards are not
met, that the commitment will be there on the part of the City to make the necessary
investment to accomplish the standard.
MSC (HallNVillett) (2-3-1-1) that the Planning Commission approve amending the
City of Chula Vista's Municipal Code Title 19 Section 19.09.040 A and B (Fire
and Police, the Growth Management Program Sections 3.3.1 and 3.4.1 and the
Police and Fire/EMS threshold standards of the City's threshold standards and
Growth Management Oversight Commission Policy. Motion failed with
Commissioners Castaneda, McCann and Thomas voting against the motion.
MSC (Hall/VVillett) (5-0-1-1) to amend the City of Chula Vista's Municipal Code
Title 19 Section 19.09.040 Subsection D and the Growth Management Program
Sections 3.6.1 (Library) and the Library threshold standards and City threshold
standards and Growth Management Oversight Commission Policy. Motion
carried.
MSC (Castaneda/Thomas) (5-0-1-1) that the Planning Commission make the
following recommendations to the City Council:
~ that they look at creating a City-wide standard for emergency service
response and operation in the City that would not be related to growth
management that would establish a guideline for investment and
improvement of police and fire services in the City of Chula Vista, and
[] that the Planning Commission Chair send a letter to the City Council that
indicates the concerns and intent of the motions made tonight. Motion
carried.
MSC (Castaneda/Thomas) (3-2-1-1) that the Planning Commission reconsider
the original first motion. Motion failed.
RESOLUTION NO. PCA~02-03B
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
TO AMEND CHAPTER 19.09.040 A AND B, OF THE CHULA VISTA
MUNICIPAL CODE; AND RECOMMENDING THE CITY COUNCIL ADOPT
A RESOLUTION AMENDING SECTIONS 3.3.1 A AND B, AND 3.4.10E THE,
GROWTH MANAGEMENT PROGRAM, AND THE POLICE AND FIRE/EMS
THRESHOLD STANDARD OF THE CITY'S THRESHOLD STANDARDS AND
GROWTH MANAGEMENT OVERSIGHT COMMISSION POLICY, TO
REVISE THE POLICE, AND FIRE/EMS, THRESHOLD STANDARDS.
WHE~Z~'~e'~equcst of the City of Chula Vista Police and Fire/EMS, the City's Growth
Management Oversight Commission (GMOC) has evaluated the need for amendment of the respective Police,
and Fire/EMS Ttu'¢shold Standards as part of its annual review process; and,
WHEREAS, the GMOC, with the concurrence of the Police and Fire/EMS Departments, presented
revised Police and Fire/EMS Threshold Standards as part of its 2000 Annual Report; and,
WHEREAS, at the May 30, 2001, joint workshop with the GMOC, the Planning Commission and City
Council unanimously accepted the GMOC Annual Report, and directed staff to prepare the proposed changes in
Threshold Standards for formal adoption; and,
WHEREAS, on November 14, 2001 a public hearing was held by the Planning Commission re0ardin§
the proposed amendments to the V'olice and Fire/EMS Threshold Standarcis, but no action was taken: and,
WHEREAS, on April 10, 2002, the Planning Commission voted 4-1-1-1 to recommend that the City
Council enact the amendment in accordance with its Resolution PCA 02-03B; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity
may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
NOW, THEREFORE, BE 1T RESOLVED THAT THE PLANNING COMMISSION does hereby
recommend that the City Council adopt amendments to Section 19.09.040. A, and B of the Municipal Code as
shown in the attached draft Ordinance (Attachment 2), and amendments to the Growth Management Program
and amendments to the Threshold Standards and Growth Management Oversight Commission Policy as shown
in the attached draft City Council Resolution (Attachment 4).
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 10th day of April, 2002, by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
C:\DFFILES\GMOC\THRESHOLD CHANGE\CC\PC RESO FIRE POLICE4-27.DOC
Kevin O'Neill, Chair
ATTEST:
Diana Vargas, Secretary
C:\OFFILES\GMOC\THRESHOLI> CHANGE\CC\PC RESO F~RE POLICE4-27.DOC
Planning Commission Minutes - 5 - Apri~ 10, 2002
3. PUBLIC HEARING: PCA 02~03, City initiated proposal to amend the Growth
Management Ordinance; the Growth Management Program;
and the Threshold/Standards and Growth Management
Oversight Commission Policy, to enact corrected threshold
standards for Police and Fire/Emergency Medical Services.
Commissioner Cortes stepped down from the dais.
Background: Cathy Burciaga, Fiscal & Management Analyst gave a historical overview
of how the thresholds were established in 1988 by a community group concerned about
maintaining service levels as the City grew. At the time, the group felt that residents
were satisfied with the service levels for fire and police and those levels were set as
threshold standards. Staff was then directed to determine what those levels were.
For Fire, the threshold standard was set at responding to 85% of emergency calls within
7 minutes. Police emergency calls were to be responded to in 4.5 minutes on average
with at least 84% of all emergency calls responded to in 7 minutes or less. For these
urgent, but non-life threatening cai Is the response time threshold was set at 7 minutes on
average with 62% of all urgent calls to be responded to within 7 minutes.
Council then adopted these standards and at the same time the GMOC was formed to
monitor development impacts on the quality of life in Chula Vista using these thresholds
as their criteria. Response times were reported annually to the GMOC, but the Police
and Fire were concerned about a persistent shortfall in response time averages.
An extensive study was conducted which included an examination of 10 years worth of
data and one of the findings was that travel time had increased significantly. For Police,
the reason was identified immediately; patrol was seriously understaffed and the study
subsequently recommended the addition of 16 new officers.
For Fire, the main reason was an operational change due to government mandated Fire
Fighter training requirements that have significantly increased since 1988, which means
that more responses now originate from distant fire stations, which obviously increases
travel time.
The study also revealed that large numbers of calls were given times of "0" seconds for
one of two reasons; either, in error, when times were punched by hand before the CAD
system, or they were 911 hang-up calls. Including these calls, made the average
response times appear to be much faster than it actually was.
An examination of the first full year of 1990 CAD data served as a very good proxy for
what was actually happening with dispatch times in 1988 and this data was used to
Planning Commission Minutes - 6 - April 10, 2002
recalculate the threshold standards and recommend the following corrections:
· Fire 80% of calls within 7 minutes
· Police (Emergency calls) 81% of calls within 7 minutes
· Police (Urgent calls) 57% of calls within 7 minutes
While the recommended corrections place the threshold standards where they should
be, it needs to be emphasized that they do not reduce performance; in fact, performance,
for both Fire and Police, has improved since this study was done in 1999.
Staff recommendation: That the Planning Commission recommend to the City Council
that they adopt the Ordinance amending Sections 19.09.040A&B of the Municipal Code
and amend Sections 3.3.1 and 3.4.1 of the City's Growth Management Program and the
amendments to the Threshold/Standards and GMOC Policy, to enact corrected threshold
standards for Police and Fire/Emergency Medical Services.
Public Hearing Opened 7:05.
Art Garcia, 904 Via Verde, Chula Vista, GMOC Chairman stated that initially, the
GMOC was unhappy with the requested change, however, through r~umerous meetings
with the Police and Fire Chiefs and upon detailed review of the data, the Commission
was convinced that it was a fair request and supported the changes. The GMOC is
satisfied with the responses and with the performance at this time.
Public Hearing Closed 7:06.
Discussion:
Chair O'Neill stated that as a former member of GMOC and the Planning Commission's
representative to GMOC, he initially was concerned that the perception would be that
we are lowering the threshold because it could not be reached, however, he is now
convinced that this is not the case.
As previously stated, the GMOC was created, in large part through the efforts Will Hyde
and Frank Scott, and the thresholds were set through no special study or formula, but
rather that everyone was comfortable with the level of service then, and they simply tried
to quantify response times.
Cmr. O'Neill also stated that to further gauge the community's satisfaction, is the survey
that the Police Chief conducts every three years, which reflects positive feedback from
the community in all geographical locations throughout the City.
Marty Chase stated that the thresholds can be used as a benchmark, which proved to be
Planning Commission Minutes - ? - April 10, 2002
of value because this was the impetus that resulted in the City Council approving the
addition of 16 new Police Officers to the force. On the other hand, since 1988, there are
service enhancements that have been added to Police and Fire (i.e. school resource
officers, gang units and street teams, and defibrillators), which are not measured.
Commissioner Castaneda indicated that response time alone was an inadequate measure
by which to assess the quality of our public safety services and other measures that are
not growth-driven should be considered. Furthermore, the current response time
threshold is inappropriate since the developer does not have direct control to solve the
problem. Lastly, Cmr. Castaneda stated that, in his opinion, there needs to be a
comprehensive mechanism, outside of the GMOC process, to measure police and fire
performance upon which to base recommendations for improvement.
MSC (O'Neill/Thomas) (4-1-1-1) that the Planning Commission adopt Resolution PCA
02-03 recommending that the City Council adopt the proposed amendments to the
Growth Management Ordinance to enact corrected threshold standards for Police and
Fire/Emergency Medical Services. Motion carried, with Commissioner Castaneda
voting against it.
ADJOURNMENT at 7:45 p.m. to the Planning Commission meeting of April 24, 2002.
__ Diana Vargas, Secretary to Planning Commission
ORDINANCE NO. 2002-
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 19.09.040 D OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO GROWTH MANAGEMENT QUALITY OF
LIFE THRESHOLD STANDARDS FOR LIBRARY THRESHOLD
STANDARDS
WHEREAS, at the initial request of the City of Chula
Library Department, the city's Growth Management Oversight
commission (GMOC) has evaluated the need for amendment of the
respective Library Threshold Standards as part of its annual
review process; and
WHEREAS, the GMOC, with the concurrence of the Library
Department, presented a revised Library Threshold Standard as
part of its' 2000 Annual Report; and
WHEREAS, at the May 31, 2001, joint workshop with the
GMOC, the Planning Commission and City council unanimously
accepted GMOC Annual Report and directed staff to prepare the
proposed changes in Threshold Standards for formal adoption; and
WHEREAS, on November 14, 2001, the Planning commission
voted (5-0-1-1) to recommend that the city Council enact the
amendment in accordance with its Resolution PCA-02-03A; and
WHEREAS, the Environmental Review coordinator has
reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined
that there is no possibility that the activity may have a
significant effect on the environment; therefore, pursuant to
Section 15061 (b) (3) of the State CEQA Guidelines the activity is
not subject to CEQA. Thus, no environmental review is
necessary.
NOW, THEREFORE, the city council of the city of Chula
vista does hereby find, determine, and ordain as follows:
SECTION I: That section 19.09.040 D of the Chula
vista Municipal Code is amended to read:
//- 20
D. Libraries
population ratio' 5QQ square feet (gross) of
adequately equipped and staffed lilnar)' facility per
1,QQQ population. The city shall construct 60,000
gross square feet (GSF) of additional library space,
over the June 30, 2000 GSF total, in the area east of
Interstate 805 by buildout. The construction of said
facilities shall be phased such that the City will not
fall below the city-wide ratio of 500 GSF per 1,000
population. Library facilities are to be adequately
equipped and staffed.
SECTION II: This ordinance shall take effect and be
in full force and effect on the thirtieth day from and after its
second reading and adoption.
Presented by Approved as to form by
David Palmer
Deputy city Manager and
Library Director
Robert A. Leiter
Director of Planning and Building
J:\Attorney\RESO\GMOC ord Library.a.doc
//-.,¡( /
ORDINANCE NO. 2002 -
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 19.09.040 A AND B OF THE CHULA VISTA
MUNICIPAL CODE RELATING TO GROWTH MANAGEMENT
QUALITY OF LIFE THRESHOLD STANDARDS FOR POLICE
AND FIRE/EMS THRESHOLD STANDARDS
WHEREAS, at the initial request of the City of Chu1a vista
Police and Fire/Departments, the City's Growth Management Oversight
Commission (GMOC) has evaluated the need for amendment of the
respective police and Fire/EMS Threshold Standards as part of its
annual review process; and
WHEREAS, the GMOC, with the concurrence of the Police and
Fire Departments, presented a revised police and Fire/EMS Threshold
Standards as part of its' 2000 Annual Report; and
WHEREAS, at the May 31, 2001, joint workshop with the
GMOC, the Planning Commission and city Council unanimously accepted
GMOC Annual Report and directed staff to prepare the proposed
changes in Threshold Standards for formal adoption; and
WHEREAS, on November 14, 2001 a public hearing was held by
the Planning Commission to consider approving a resolution in
support of the proposed amendments, but no action was taken in
regard to the Police and Fire/EMS Threshold Standards; and
WHEREAS, on April 10, 2002 the Planning Commission held a
duly noticed public hearing, and voted (4-1-1-1) to recommend that
the city Council enact the amendment in accordance with its
Resolution PCA 02-03; and
WHEREAS, the Environmental Review Coordinator has reviewed
the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that there is no
possibility that the activity may have a significant effect on the
environment; therefore, pursuant to section 15061(b) (3) of the State
CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
NOW, THEREFORE, the City Council of the City of Chula
vista does hereby find, determine, and ordain as follows:
SECTION I: That section 19.09.04 OA of the Chula vista
Municipal Code is amended to read:
/1- d...2-
A. Police
Emergency Response: Properly equipped and staffed
police units shall respond to .ß-4- 81 percent of "priority
One" emergency calls within seven (7) minutes and maintain
an average response time to all "priority One" emergency
calls of ~ 5.5 minutes or less.
1.
Respond
Urgent"
maintain
"priority
to w
calls
57 percent of "priority Two
within seven (7) minutes and
average response time to all
calls of ~ 7.5 minutes or less.
an
Two"
SECTION II: That section 19.09. 040B of the Chula vista
Municipal Code is amended to read:
B. Fire and Emergency Medical
1. Emergency response: Properly equipped and
staffed fire and medical units shall respond to
calls throughout the City within 7 minutes in
~ 80% (current ser"ice to be "erified) of the
cases (measured annually) .
SECTION III: This ordinance shall take effect and be in
full force and effect on the thirtieth day from and after its second
reading and adoption.
Presented by
Approved as to form by
Richard P. Emerson
Chief of Police
&Æ.!f!:~
City Attorney
Doug Perry
Fire Chief
Robert A. Leiter
Director, Planning and Building
J;\Attorney\RESO\GMOC library.b.doc
;;-..)3
RESOLUTION NO. 2002 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA AMENDING SECTION 3.6.1 OF
THE CITY'S GROWTH MANAGEMENT PROGRAM, AND THE
LIBRARY THRESHOLD STANDARD OF THE CITY'S
THRESHOLD/STANDARDS AND GROWTH MANAGEMENT
OVERSIGHT COMMISSION POLICY
WHEREAS, at the initial request of
Library Department, the city's Growth
Commission (GMOC) has evaluated the need
Library Threshold Standard as part of its
and,
the City of Chula vista
Management Oversight
for amendment of the
annual review process;
WHEREAS, the GMOC, with the concurrence of the Library
Department, presented a revised Library Threshold Standard as part
of its 2000 Annual Report; and,
WHEREAS, at the May 31, 2001, joint workshop with the
GMOC, the Planning commission and City Council unanimously accepted
the revised Threshold Standard, and directed staff to prepare the
proposed change and return for formal and adoption; and,
WHEREAS, on November
voted (5-0-1-1) to recommend
amendment in accordance with its
14, 2001,
that the
Resolution
the Planning
City Council
PCA-02-03A.
commission
enact the
NOW THEREFORE, the city Council of the city of Chula vista
does hereby find, determine, and resolve as follows:
SECTION I: That the amendment is
environmental review pursuant to section 15061 (b) (3)
of California Environmental Quality Act guidelines.
exempt from
of the State
SECTION II: That the proposed, revised standard is
well-reasoned, and forms a workable and logical foundation for
annual progress/compliance reporting on Library efforts.
SECTION III: That the city Council hereby adopts the
proposed amendments to 3.6.1 of the City's Growth Management Program
as shown on Exhibit "A", and the Library Threshold Standard of the
City's Threshold/Standards and Growth Management oversight
commission Policy as shown on Exhibit "B" attached hereto, and
incorporated herein by this reference.
/¡--<'t'
Presented by Approved as to form by
David Palmer
Deputy City Manager and
Library Director
Robert A. Leiter
Director of Planning and Building
J:\Attorney\RESO\GMOC library.c.doc
/1-<5
Exhibit A
3.6 Libraries
3.6.1 Existin~ Threshold Policy
Goal
To provide a high quality, contemporary library system which meets the varied
needs of the community.
Objective
Supplement the library libraries at 365 "F" Street and 389 Orange Avenue by
providing additional library facilities in the Montgom@ry/Ota)' area and in the area
east ofInterstate 805. As presently configured in the current Library Master Plan
(1998), this will entail construction of a 30,000 GSF library in Rancho del Rey
and a 30,000 GSF library in the Otay Ranch.
Threshold Standard
Population ratio: 500 square feet (gross) of ad@quat@ly equipped and staffed
liDrary facility per 1,000 population. The City shall construct 60,000 gross square
feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the
area east of Interstate 805 by buildout. The construction of said facilities shall be
phased such that the City will not fall below the city-wide ratio of 500 GSF per
1,000 population. Library facilities are to be adequately equipped and staffed.
Implementation Measure
Should the GMOC determine that the Threshold Standard is not being satisfied,
then the City Council shall formally adopt and fund tactics to bring the library
system into conformance. Construction or other actual solution shall be
scheduled to commence within three years.
//..J (
// .'?
Exhibit B
LIBRARIES
(Revised by City Council on )
Goal
To provide a high quality, contemporary library system which meets the varied
needs of the community.
Objective
Supplement the library libraries at 365 "F" Street and 389 Orange Avenue by
providing additional library facilities in the Montgom@ry/Ota)' area anE! in the area
east ofInterstate 805. As presently configured in the current Library Master Plan
(1998), this will entail construction of a 30,000 GSF library in Rancho del Rey
and a 30,000 GSF library in the Otay Ranch.
Threshold Standard
Population ratio: 500 s( uar@ feet (gross) of ad@( uat@ly @( uip¡¡@d anE! staffeE!
liorary faeility per 1,000 population. The City shall construct 60,000 gross square
feet (GSF) of additional library space, over the June 30, 2000 GSF total, in the
area east of Interstate 805 by buildout. The construction of said facilities shall be
phased such that the City will not fall below the city-wide ratio of 500 GSF per
1,000 population. Library facilities are to be adequately equipped and staffed.
Implementation Measure
Should the GMOC determine that the Threshold Standard is not being satisfied,
then the City Council shall formally adopt and fund tactics to bring the library
system into conformance. Construction or other actual solution shall be
scheduled to commence within three years.
Note: The City Council is encouraged to designate a percentage ofRCT or other
currently collected fees on new development for construction of new library
facilities.
/J-ø17
RESOLUTION NO. 2002 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA AMENDING SECTIONS 3.3.1 A
AND B, AND 3.4.1 OF THE CITY'S GROWTH MANAGEMENT
PROGRAM, AND THE POLICE AND FIRE/EMS THRESHOLD
STANDARDS OF THE CITY'S THRESHOLD /STANDARDS AND
GROWTH MANAGEMENT OVERSIGHT COMMISSION POLICY
WHEREAS, at the initial request of the City of Chula vista
Police and Fire/EMS Departments, the city's Growth Management
Oversight Commission (GMOC) has evaluated the need for amendment of
the respective Police and Fire/EMS Threshold Standards as part of
its annual review process; and
WHEREAS, the GMOC, with the concurrence of the Police and
Fire Departments, presented a revised Police and Fire/EMS Threshold
Standards as part of its' 2000 Annual Report; and
WHEREAS, the proposed, revised standards are
reasoned, and forms a workable and logical foundation for
progress/compliance reporting on Police and Fire/EMS efforts
local level; and
well-
annual
at the
WHEREAS, at the May 31, 2001, joint workshop with the
GMOC, the Planning Commission and City Council unanimously accepted
the GMOC Annual Report, and directed staff to prepare the proposed
changes and return them for formal adoption; and
WHEREAS, on November 14, 2001 a public hearing was held by
the Planning Commission regarding the proposed amendments to the
Police and Fire/EMS Threshold Standards, but no action was taken;
and
WHEREAS, on April 10, 2002 the Planning commission voted
4-1-1-1 to recommend that the city Council enact the amendment in
accordance with its Resolution PCA 02-03A; and
WHEREAS, the Environmental Review Coordinator has reviewed
the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that there is no
possibility that the activity may have a significant effect on the
environment; therefore, pursuant to Section 15061(b) (3) of the State
CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
/I .."J ')
" I - .,_
NOW THEREFORE, BE IT RESOLVED that the City Council of the
city of Chula vista does hereby adopt the proposed amendments to
Sections, 3.3.1 A and B, and 3.4.1 of the City's Growth Management
Program as shown on Exhibit "A", and the Police and Fire/EMS
Threshold Standards of the City's Threshold/Standards and Growth
Management Oversight commission policy as shown on Exhibit "B"
attached hereto, and incorporated herein by this reference.
Presented by
Approved as to form by
Richard P. Emerson
Chief of Police
Doug Perry
Fire Chief
Robert A. Leiter
Director, Planning and Building
J:\Attorney\RESO\GMOC library.d.doc
/I~- ). 9
Exhibit A
3.3 Police
3.3.1 Existin~ Threshold Policy
Goal
To maintain or improve the current level of police service in the City ofChula
Vista.
Objective
Ensure that police staff, equipment, and training levels are adequate to provide
police service at the desired level throughout the City.
Threshold Standard
A. Emergency response: properly equipped and staffed police units shall
respond to &4 .§l percent of "Priority One" emergency calls within 7
minutes and maintain an average response time to all "Priority One"
emergency calls of 4á ~ minutes or less.
B. Respond to ~ 57 percent of "Priority Two Urg@nt" calls within 7 minutes
and maintain an average response time to all "Priority Two" calls of +J}
7.5 minutes or less.
Implementation Measure
Should the GMOC determine that the Threshold Standard is not being satisfied, then the
City Council shall, within 60 days of the GMOC's report, schedule and hold a public
hearing for the purpose of adopting a moratorium on the acceptance of new tentative map
applications, based on all of the following criteria:
I. That a moratorium provides a mitigation measure to a specifically identified
impact.
Should a moratorium be established, the time shall be used to expeditiously prepare
specific mitigation measures for adoption which are intended to bring the condition into
conformance.
1/30
3.4 Fire and Emer~ency Medical Service
3.4.1 Existin~ Threshold Policy
Goal
To maintain and improve the current level of fire protection and emergency
medical service (EMS) in the City ofChula Vista.
Objective
Ensure that Fire/EMS staff are properly equipped, trained, and funded to provide
the desired level of service throughout the City.
Threshold Standard
Emergency response: Properly equipped and staffed fire and medical units shall
respond to calls throughout the City within seven (7) minutes in 85 percent 80
percent (current s@rvic@ to B@ verified) of the cases (measured annually).
Implementation Measures
Should the GMOC determine that the threshold Standard is not being satisfied,
then the City Council shall, within 60 days of the GMOC's report, schedule and
hold a public hearing for the purpose of adopting a moratorium on the acceptance
of new tentative map applications, based on all of the following criteria:
I. That the moratorium is limited to an area wherein a causal relationship to
the problem has been established; and,
2. That the moratorium provides a mitigation measure to a specifically
identified impact.
Should a moratorium be established, the time shall be used to expeditiously
prepare specific mitigation measures for adoption, which are intended to bring the
condition into conformance.
C:\WINDOWS\Temporary Internet Files\OLK8386\Program Police and Fire ex AI.doc
//3/
Exhibit B
POLICE
(Revised by City Council on August 22, 1989)
(Revised by City Council on )
Goal
To maintain or improve the current level of police service in the City ofChula Vista.
Objective
Ensure that Police staff, equipment, and training levels are adequate to provide police
service at the desired level throughout the City.
Threshold Standard
Emergency Response: Properly equipped and staffed police units shall respond to &4 §l %
of the Priority I emergency calls throughout the City within 7 minutes and shall maintain
an average response time to all Priority I calls offeuF five minutes and thirty seconds (4á
~ minutes) or less (measured annually). [P]*
Urgent Response: Properly equipped and staffed police units shall respond to é.6 57% of
the Priority II urgent calls throughout the City within 7 minutes and shall maintain an
average response time to all Priority II calls of seven minutes and thirty seconds (+.G 7.5
minutes) or less (measured annually). [P]*
Implementation Measure
Should the GMOC determine that the Threshold Standard is not being satisfied, then the
City Council shall, within 60 days of the GMOC's report, schedule and hold a public
hearing for the purpose of adopting a moratorium on the acceptance of new tentative map
applications, based on all of the following criteria:
1. That a moratorium provides a mitigation measure to a specifically identified impact.
Should a moratorium be established, the time shall be used to expeditiously prepare
specific mitigation measures for adoption, which are intended to bring the condition into
conformance.
*[P] - Denotes a Threshold Standard which shall be applied on a project-by-project basis
(see page 21).
//3~
FIRE
(Revised by City Council on )
FIRE AND EMERGENCY MEDICAL SERVICE
Goal
To maintain and improve the current level of fire protection and emergency medical
service (EMS) in the City ofChula Vista.
Objective
Ensure that Fire/EMS staff are properly equipped, trained and funded to provide the
desired level of service throughout the City.
Threshold Standard
Emergency Response: Properly equipped and staffed fire and medical units shall respond
to calls throughout the City within 7 minutes in ~ 80% (curr@nt s@rvic@ to b@ Yerifi@à)
of the cases (measured annually).
Implementation Measures
Should the GMOC determine that the Threshold Standard is not being satisfied, then the
City Council shall, within 60 days of the GMOC's report, schedule and hold a public
hearing for the purpose of adopting a moratorium on the acceptance of new tentative map
applications, based on all of the following criteria:
I. That the moratorium is limited to an area wherein a causal relationship to the
problem has been established; and,
2. That the moratorium provides mitigation measure to a specifically identified
impact.
Should a moratorium be established, the time shall be used to expeditiously prepare
specific mitigation measures for adoption, which are intended to bring the condition into
conformance.
C:\ WINDOWS\Temporary Internet FiJes\OLK8386\Fire and Police Policy exBl.doc
/1:.-33
CITY COUNCIL AGENDA STATEMENT
ITEM NO.: IA
MEETING DATE: 05/14/02
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR
2002-03 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND
HOME INVESTMENT PARTNERSHIP (HOME) PROGRAMS AND
AUTHORIZING TRANSMITrAL OF THE CONSOLIDATED ANNUAL
PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD)
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~ ~C~ ~
REVIEWED BY: CITY MANAGER ~
4/5THS VOTE: YES ~ NO ~X~
BACKGROUND
The City Council held a public hearing on March 5, 2002 to review and receive public comment
on projects and programs being considered for CDBG and HOME funding. The 30 day
comment period to review the draft Consolidated Annual Plan ("Plan") began on February 22,
2002 and ended on March 25, 2002. All public comments received by staff during the 30-day
comment period have been considered and, if deemed appropriate, integrated into the final
Plan.
The City of Chula Vista is eligible to receive $2,085,000 in CDBG entitlement funds from the U.S.
Department of Housi.ng and Urban Development (HUD) for 2002-03. The City is also eligible to
receive $935,000 in HOME funds from HUD. Combining both CDBG and HOME entitlements,
the City will be able to invest into the community a total of $3,020,000 from these ~wo sources
for 2002-03.
Staff is recommending that the Ci~' Council approve the Consolidated Annual Plan (Exhibit A)
which includes staff recommendations for both the CDBG and HOME programs for 2002-03.
Consolidated Annual Plan
The Consolidated Annual Plan identifies a strategy for addressing the needs of the community
through the use of CDBG and HOME funds. These needs include allocating funds for public
services, community projects, economic development, capital improvements, affordable housing,
single-family rehabilitation, and first-time homebuyer programs. Per HUD regulations, the City must
hold a 30-day comment period for the public to review the Consolidated Annual Plan and make
comments or suggest changes. This 30-day period began February 22, 2002 and ended on March
PAGE 2, ITEM NO.: ~ ~
MEETING DATE: 05/14/02
25, 2002. A public notice was published in a local newspaper which notified the public of the
process.
RECOMMENDATION
That the City Council adopt the resolution approving the Consolidated Annual Plan for fiscal year
2002-03, including both the Community Development Block Grant (CDBG) and HOME
Investment Partnership (HOME) programs and authorizing transmittal of the Consolidated Annual
Plan for fiscal year 2002-03 to the U.S. Department of Housing and Urban Development (HUD).
BOARDS/COMMISSIONS RECOMMENDATION
Staff utilized a CDBG Ad-Hoc Committee for fiscal year 2002-03 to assist in the review process
for all social service funding applications. Members of the CDBG Ad-Hoc Committee included
volunteers from the Commission on Aging and the Housing Advisory Commission.
For the 2002~03 CDBG program, the City of Chula Vista is eligible to receive a CDBG
entitlement of $2,085,000. The total amount of CDBG funding requested is summarized as
follows, along with staff's funding recommendation:
CATEGORY AMOUNT REQUESTED STAFF RECOMMENDATION
Public Service Funding $487,894 $308,484
Community Projects $265,079 $134,500
Economic Development $186,961 $157,234
Capital Improvement Program $1,652,600 $1,063,516
Administration and Planning $437,095 $417,000
TOTAL $3,029,629 $2,080,734
The Public Services portion of the CDBG program is eligible to budget $312,750, however, staff
has reserved $4,266 in discretionary funds for Council's use. Last year, Council Member
Rindone requested staff to provide some discretionary funds in the event an organization did not
receive adequate funding.
Staff recommends allocating $2,080,734 of the $2,085,000 entitlement. The balance of $4,266
is available to be allocated within the CDBG budget.
PAGE 3, ITEM NO.: I ~
MEETING DATE: 05/14/02
In order to be eligible for block grant funding, a project or service must address at least one of
the CDBG national objectives which are: 1) Benefit primarily Iow and moderate income families;
2) aid in the prevention or elimination of slums or blight; and 3) meet other communi~/needs
having a major emergency (disasters, etc.).
Please note that substantial detail on oil of the components of the CDBG and HOME bud.qets is
provided in the CDBG Notebook that was distributed to Council for the March 5, 2002 public
hearin.q.
PUBLIC SERVICE FUNDING REQUE6'TS
The Ci~/ received eleven (11) eligible requests within the application process, and three (3)
eligible requests after the application process for a total of fourteen (14) public service requests.
These requests total $487,894. The City may allocate up to $312,750 for public service
organizations, based on a 15 percent cap of the entitlement funds.
All of the funding requests from public service organizations are CDBG-eligible as they meet the
national objective to primarily benefit Iow-income families. The proposals are included in the
CDBG Notebook under Public Service Requests.
Methodology for Making Funding Recommendations.
In developing staff recommendations, the following principles were utilized:
1. Recommended funding levels for public services was based on (a] ability to expend CDBG
funds in a timely manner; [b] submittal of quarter reports on time; [c] review of the stated
objectives as outlined in the CDBG agreement with actual performance; and Id] the length of
time an organization has received CDBG funding.
2. Recommended funding levels for public services should not be below levels that make the
offered CDBG-eligible activities infeasible.
3. Funding preferences should go to programs which best meet the criteria of providing new
services to Chula Vista, providing services from a local base, collaborating efforts, reduced
funding requests, and have a successful track record in providing services and expenditure of
grant funds.
PAGE 4, ITEM NO.:
MEETING DATE: 05/14/02
The above principles were utilized as follows:
1. Staff used last year's approved funding level for each program as an initial basis from which
to make recommendations.
2. Staff took into account the $2,085,000 entitlement received from HUD and the federally-
mandated funding cap of 15 percent. This amount calculated to $312,750 available to
budget for public services.
3. As per Council direction, staff gave priority to locally-based organizations which are
proposing to primarily serve Chula Vista residents and collaborating agencies. Staff
especially took into consideration the longevity factor of those organization's receiving CDBG
assistance, since the main emphasis for receiving CDBG funding is to assist new requests and
start-up organizations. If an organization has been receiving CDBG assistance in excess of
10 years, staff recommended a 10 percent across the board cut.
Funding Recommendations.
All of the programs requesting funds are identified below. The information provided includes the
amount of funds requested, the prior year funding levels, the CDBG Ad-Hoc Committee funding
recommendations and staff funding recommendations. If a program is recommended for
funding, then staff has determined that it is a viable program at the recommended funding level.
Please note that the CDBG Budget Notebook previously provided to the Council contains detailed
information about the requesting organizations and their programs.
The following requests are in order as outlined in the CDBG Notebook under Public Service
Requests. The maximum allowable for allocation is $312,750. The Public Service category has a
mandated funding cap of 15%.
PAGE 5, ITEM NO.: ~/~/%
MEETING DATE: 05/14/02
PUBLIC SERVICE FUNDING REQUESTs
I YOUTH SERVICES
TAR I CHULA VISTA YOUTH SERVICES NETWORK - ¢OL~dfOL4rli~
AMOUNT REQUESTED $149,931
PRIOR YEAR FUNDING $123,151
AD-HOC RECOMMENDATION $121,000
STAFF RECOMMENDATION $121,000
This program provides youth education and counseling services in the area of
tutoring/literacy, fine arts, mentorlng, and day camp services. This collaborative is
comprised of South Bay Community Services, Chula Vista Police Activities League, South
Bay Family YMCA, Boys & Girls Club of Chula Vista, Vista Square Healthy Start, the
Chula Vista Coordinating Council, MAAC Project, and Chula Vista Parks & Recreation
Department.
TAR 2 SHARP HEALTHCARE FOUNDATION - ¢OLLAWORAi'II~
~~M~EN~N~E~NNADDTGiAoT ~lON $20,000 $21,250 $25,000
$20,000
The Sharp Mobile Health Care Clinic will provide health care to children whose parents
cannot afford health insurance. The Mobile Health Clinic will rotate among seven
strategically located schools. Volunteers and nurses will transport students to the clinic
from schools throughout the School District.
SENIOR SERVICES
TAR 3 SOUTH BAY SENIOR COLLABORATIVE
AMOUNT REGUESTED $82,054
PRIOR YEAR FUNDING $40,051
AD-HOC RECOMMENDATION $55,000
STAFF RECOMMENDATION $50,000
This new collaborative comprises the organizations of Meals-on-Wheels; St. Charles
Nutrition; Adult Protective Services; Lutheran Social Services Shared Housing; Elder Law
and Advocacy; The Salvation Army; and the Chula Vista Recreation Department. Each of
these organizations offers services to seniors, including meal delivery, adult day care,
rental assistance, and supportive services.
PAGE 6, ITEM NO.: /~
MEETING DATE: 05/14/02
MISCELLANEOUS
TAB 4 LUTHERAN SOCIAL SERVICES PROJECT HAND
AMOUNT REQUESTED $15,100
PRIOR YEAR FUNDING $10,000
AD HOC RECOMMENDATION $11,000
STAFF RECOMMENDATION $9,000
Project Hand is an emergency and career assistance center that provides clients with
shelter, food, clothing, transportation, medication, job search assistance, and utility
assistance. This organization has received CDBG funding in excess of 10 years and a 10
percent redudion from prior year funding is recommended.
TAB 5 CHULA VISTA FAMILY VIOLENCE - ¢O~LL4~OG41'fl/'~
AMOUNT REQUESTED $44,900
PRIOR YEAR FUNDING $36,022
AD HOC RECOMMENDATION $37,000
STAFF RECOMMENDATION $36,522
This program provides education and outreach services to children, youth and families to
aid in the prevention of violence. This collaborative proposal is comprised of South Bay
Community Services, Chub Vista Police Department, the Center for Community Solutions,
YWCA Domestic Violence Services, and YMCA Family Stress Counseling Services.
TAB 6 TliUREUAYS MEaL
AMOUNT REQUESTED $8,000
PRIOR YEAR FUNDING $6,000
AD HOC RECOMMENDATION $7,000
STAFF RECOMMENDATION $6,000
Thursday's Meal provides free hot meals to the homeless and very Iow income residents of
Chula Vista.
TAB 7 RECREATION DEPARTMENT
THERAPEUTICS PROGRAM
AMOUNT REQUESTED $50,028
PRIOR YEAR FUNDING $13,087
AD HOC RECOMMENDATION $14,000
STAFF RECOMMENDATION $14,000
This program promotes the benefits of a healthy lifestyle, improve physical abilities, build
confidence, and strengthens interpersonal skills for disabled individuals.
PAGE 7, ITEM NO.:
MEETING DATE: 05/14/02
TAB 8 CHULA VISTA LITERACY TEAM
AMOUNT REQUESTED $9,000
PRIOR YEAR FUNDING $9,405
AD HOC RECOMMENDATION $9,000
STAFF RECOMMENDATION $9,000
This proposal is comprised of the Chula Vista Public Library, the Chula Vista Adult School
and the AItrusa Club of Chula Vista. This coalition was established with the goal of
reducing illiteracy in the community.
TAB 9 DRESS FOR SUCCESS - PROFESSIONAL WOMEN'S GROUP
AMOUNT REQUESTED S 18,000
PRIOR YEAR FUNDING $10,594
AD HOC RECOMMENDATION $4,000
STAFF RECOMMENDATION $9,000
This program is designed to promote career development and training for Iow-income
women seeking employment and br those currently employed. The Professional
Women's Group program is an extension of the Dress for Success program. Current year
CDBG assistance is providing image consulting for women wanting to enter the
workplace.
TAB 10 INFORM CHULA VISTA -¢OLI. AWOIM~'IV!
AMOUNT REQUESTED I $20,000
PRIORYEAR FUNDING I $14,162
AD HOC RECOMMENDATION $13,368
STAFF RECOMMENDATION $14,162
INFORM Chula Vista is a collaboration between the Chula Vista Recreation Department
and INFO LINE. This partnership will assist in providing information and referral services
on a local and regional basis. INFO LINE will be providing training assistance to
volunteers at the Norman Park Center. INFO LINE has a data base of over 2,000 Count,
Health and Human services as its foundation which will be made available to local Chula
Vista residents through the Norman Park Center.
TAB 11 SOUTHWESTERN COLLEGE - SOUTH COUNTY CAREER CENTER
S13,600
AD HOC RECOMMENDATION $12,000
STAFF RECOMMENDATION $12,000
The South County Career Center provides supportive services to Chub Vista job seekers
in the form of training programs, assistance in determining career plans, and job
development. Whenever possible, Chula Vista clients are matched with Focal employers.
PAGE 8, ITEM NO.: /~
MEETING DATE: 05/14/02
REQUESTS RECEIVED OUTSIDE THE APPLICATION PROCESS
SWEETWATER UNION HIGH SCHOOL DISTRICT - "B£f/A'~"AfAGAZINE
AMOUNT REQUESTED $20,000
PRIOR YEAR FUNDING NEW
REQUEST
AD HOC RECOMMENDATION DID NOT
REVIEW
STAFF RECOMMENDATION $0
The Sweetwater Union High School District requested CDBG funds to sponsor the newly
created "Blurb" Magazine. This magazine will focus on teen issues such as underage
drinking in Tijuana, club drugs and smoking. Although this is a very worthwhile a~tempt
to provide outreach to high school youth, staff does not recommend funding this effort at
this time due to limited funding resources.
VETERANS HOME SUPPORT FOUNDATION
AMOUNT REQUESTED $5,000
PRIOR YEAR FUNDING $2,000
AD NOC RECOMMENDATION DID NOT
REVIEW
STAFF RECOMMENDATION S2,000
CDBG funds have been requested by the Veterans Home Support Foundation to
supplement quality of living items for the residents that cannot be funded by the State of
California Department of Veterans Affairs and the State's General Fund. The Foundation
received $2,000 in CDBG assistance for fiscal year 2001-02 and those funds went
toward paying telephone fees for the residents to utilize computers and internet access.
SOUTHWEST CENTER FOR ASIAN PACIFIC AMERICAN LAW
AMOUNT REQUESTED S25,000
PRIOR YEAR FUNDING NEW
REQUEST
AD HOC RECOMMENDATION DID NOT
REVIEW
STAFF RECOMMENDATION ~ $5,000
The Southwest Center for Asian Pacific American Law (SCAPAL) was formed by San
Diego's legal, business and academic communities for the purpose of preserving and
protecting the legal rights of individuals in the San Diego region who do not have
adequate access to the legal system. The mission of SCAPAL is to serve the interests of
the Asian Pacific Islander community. Staff supports funding this request, however, not at
the requested amount. Since this is a new request, staff wants to ensure that an adequate
number of Chula Vista residents will be served and that SCAPAL has the capacity to
adhere to the CDBG program requirements.
PAGE 9, ITEM NO.: ~
MEETING DATE: 05/14/02
COMMUNITY PROJECT REQUESTS
The four (4) Community Project requests total $265,079 and include the following type of
activities: [1] neighborhood revitalization/interim assistance; [2] special activities by community-
based development organizations; and [3] energy conservation. There is not a CDBG funding
cap for this category. Staff recommends funding $134,500 for this category.
All of the funding requests are included in the CDBG Notebook under Community Projects and
are summarized as follows:
NEIGHBORHOOD REVITALIZATION/INTERIM ASSISTANCE
TAB 12 LUTHERAN SOCIAL SERVICES- CARING NEIGHBOR
AMOUNT REQUESTED $41,603
PRIOR YEAR FUNDING $32,300
STAFF RECOMMENDATION $29,000
Lutheran Social Services is requesting funds to continue providing health and safety home
repairs to seniors. A majority of the labor is donated by local south bay contractors. This
organization has received CDBG funding in excess of 10 years an a 10 percent redudion
from prior year funding is recommended.
TAB 13 CITY OF CHULA VISTA COMMUNITY PRESERVATION PROGRAM
AMOUNT REQUESTED $66,3680
PRIOR YEAR FUNDING $50,000
STAFF RECOMMENDATION $50,000
The Building Division of the Planning Department is primarily responsible for enforcing
the state and locally adopted building codes. The staff person assigned to this program
provides assistance in compliance requirements in the CDBG eligible census tract areas
of the city.
COMMUNITY BASED DEVELOPMENT ORGANIZATION
TAB 14 SOUTH BAY COMMUNITY SERVICES - COMMUNITY DEVELOPMENT PROGRAM
AMOUNT REQUESTED $88,400
PRIOR YEAR FUNDING $61,756
STAFF RECOMMENDATION $55,500
This program creates housing/economic development opportunities for Iow income
households. Over the past 8 years SBCS has developed the capacity to produce
affordable housing units as a sole entity and in conjunction with other developers. This
has generated development fees which can be used to poy the salaries for their
Community Development Program. Additionally, this organization has received CDBG
funding in excess of 10 years and a 10 percent reduction from prior year funding is
recommended.
PAGE 10, ITEM NO.: J~
MEETING DATE: 05/14/02
ENERGY CONSERVATION
TAB 15 MAAC PROJECT -WEATHERIZATION PROGRAM
AMOUNT REQUESTED $68,708
PRIOR YEAR FUNDING $0
STAFF RECOMMENDATION $0
MAAC Project proposes to provide weatherlzation services to elderly, disabled, and/or
families with young children in Chula Vista. The energy efficiency services include an
assessment of the home, safety check of all appliances, repair or replace doors, weather
stripping, install hot water heater blankets, install Iow flow showerheads, etc. Staff does
not recommend funding this project. The City's rehabilitation program can assist (::hula
Vista residents with similar services.
ECONOMIC DEVELOPMENT REQUES?~
The five (5) Economic Development requests total $186,961 and include the following type of
activities: [a] revolving loan program and [b] business retention and expansion. There is not a
funding cap for this category and staff recommends funding $157,234 for this category.
ECONOMIC DEVELOPMENT PROJECTS
TAB 16 SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL
AMOUNT REQUESTED $31,500
PRIOR YEAR FUNDING $13,833
STAFF RECOMMENDATION $13,833
The SCEDC has established a small business development fund to assist small businesses.
This fund would allows the SCEDC to provide Iow-interest loans to start-up and existing
businesses to expand, acquire equipment or to maintain working capital to pay overhead
expenses.
TAB 17 SOUTH BAY COMMUNITY SERVICES - TEEN CENTER
AMOUNT REQUESTED $27~560
PRIOR YEAR FUNDING $25,175
STAFF RECOMMENDATION $22,650
This program provides youth employment training through the KIDZBIZ program. Youth
are taught the essentials of operating a business. This organization has received CDBG
funding in excess of 10 years and a 10 percent reduction from prior year funding is
recommended.
PAGE 1 1, ITEM NO.: / ~
MEETING DATE: 05/14/02
TAB 18 COMMUNITY DEVELOPMENT DEPARTMENT -
BIOTECN ZONE DEVELOPMENT FEE REDUCTION PROGRAM
AMOUNT REQUESTED $100,000
PRIOR YEAR FUNDING $0
STAFF RECOMMENDATION $100,000
The Development Impact fee Reduction program is designed to assist qualifying
companies within High Tech/Biotech Zone pay the fees collected by the City to fund the
actual construdlon cost of capital improvements (roads, sewers, etc.) suppodlng the
Zone.
TAB 19 SOUTHWESTERN COLLEGE - CONTRACTING OPPORYUNITIES CENTER
AMOUNT REQUESTED S 10,~751
PRIOR YEAR FUNDING $10,751
STAFF RECOMMENDATION $10,~751
This program provides hands-on technical assistance to all small, small disadvantaged,
veteran owned, woman owned and Historically Underutilized Business (HUB) zone
business enterprises that desire to grow and expand their businesses in the governmental
market sector. The program will provide assistance in competing and potentially
achieving government contracts.
TAB 20 SOUTHWESTERN COLLEGE - INTERNATIONAL TRADE CENTER
AMOUNT REQUESTE $15,000
PRIOR YEAR FUNDING NEW
REQUEST
STAFF RECOMMENDATION $10,000
The International Trade Center will provide Chula Vista small businesses that have been
identified as potential growth companies, with detailed research reports using GIS for the
purpose of helping them grow their businesses.
CAPITAL IMPROVEMENT PROGRAM REQUESTS
The Capital Improvement program category includes both non-profit and City requests. The
non-profit capital improvement requests total $297,600 and the City capital improvement
requests total $940,816 for a total funding request of $1,238,416. The capital improvement
program category does not have a funding cap limit. Staff recommends funding $1,063,$16 for
this category.
PAGE 12, ITEM NO.: /~
MEETING DATE: 05/14/02
NON-PROFIT ClP REQUESTS
TAB 21 BOYS & GIRLS CLUB OF CHULA VISTA
AMOUNT REQUESTED $62,700
PRIOR YEAR FUNDING $0
STAFF RECOMMENDATION $62,700
The Boys & Girls Club is requesting funds for restroom upgrade, facility parking lot
repair/repave, and fire/security system upgrade. With the construction of the Skate Board
Park, the upgrades to the facility are necessary.
TAB22 SOUTH BAY COMMUNITY SERVICES - CASA NUEVA VIDAI & II
AMOUNT REQUESTED I $114,900
PRIOR YEAR FUNDING ] NEW
REQUEST
STAFF RECOMMENDATION $0
Funds are being requested to support the normal and necessary repair and rehabilitation
to two properties that are adjacent to each other in northern Chula Vista. Funds will be
used for both internal and external repairs to both buildings. Staff does not recommend
funding since the Developer Agreement clearly stipulates that SBCS, through the residual
receipts received from the project, was to create a capital reserve account to be used
exclusively for capital improvements to the property. Additionally, according to the
funding application, for the past 8 years SBCS has successfully secured outside funding
for this project.
TAB 23 CHULA VISTA AMERICAN LITTLE LEAGUE
AMOUNT REQUESTED $120,000
PRIOR YEAR FUNDING $55,000
STAFF RECOMMENDATION $60,000
CDBG funds will be used to complete Phase II of the project which includes the
construction of the restrooms, the purchase of a lawnmower to be~ter maintain the fields,
and the completion of the "multi-purpose" field. Staff recommends funding this request
with the exception of the lawn mower. Since a majority of the materials have been
donoted, it would not be difficult for the CVALL to fundraise or have a lawn mower
donated.
PAGE 13, ITEM NO.: )~
MEETING DATE: 05/14/02
CITY CAPITAL IMPROVEMENT PROGRAM
TAB 24 DRAINAGE IMPROVEMENTS
AMOUNT REQUESTED $833,500
PRIOR YEAR FUNDING
STAFF RECOMMENDATION $592,135
The following drainage projects have been recommended for CDBG funding in the
following amounts:
CMP Rehabilitation $232,135
North Broadway Basin Construction $150,000
Drainage - Oxford, First to Second $210,000
TAB 25 PLAYGROUND EQUIPMENT
AMOUNT REQUESTED $43,500
PRIOR YF. AR FUNDING
STAFF RECOMMENDATION $43,500
This phase will complete the replacement of old, worn and un-repairable playground
equipment throughout the park system.
TAB 26 ADA CURB CUTS
G $,0,500
S5o,ooo [
I STAFF RECOMMENDATION $50,500
This project provides for the construction of concrete wheelchair ramps at an estimated
50 locations throughout the City on an annual basis.
TAB 27 l STRIET BEAUTIFICATION PROJECT
AMOUNT REQUESTED $300,500
PRIOR YEAR FUNDING
STAFF RECOMMENDATION $255,181
TAB 28 OTAY CENTER ART WALL
AMOUNT REQUESTED $3,000
PRIOR YEAR FUNDING
STAFF RECOMMENDATION $0
The Otay Recreation Center's proposed project is for an Art Wall. The Otay Recreation
Center was built and designed to include an exterior Art Wall in the courtyard. The
designated space encompasses approximately 1500 square feet and is a central meeting
place for youth and adults. Since the first phase of the project will be designing the art
wall, staff recommends funding this project under the Planning and Administration
category of the CDBG budget.
PAGE 14, ITEM NO.: / ~h
MEETING DATE: 05/14/02
ADMINISTRATION AND PLANNING
The following is a summary of the 2002-03 CDBG Administration and Planning adivities totaling
$417,000. The City may allocate up to this amount for Administration and Planning, based on
a 20% cap of the entitlement funds. Staff recommends budget the full amount of $417,000 for
this category.
ADMINISTRATION REQUESTS
TAB 29 SOUTH BAY FAMILY YMCA HUMAN SERVICES COUNCIL
',,.,oo"°"°°
ON $23,940
The Human Services Council develops coalitions between the communities of human
service providers to effectively utilize personnel and programs and serve as a catalyst to
bring local government, private industry and business organizations together to address
and resolve the communities needs. This organization has received CDBG funding in
excess of 10 years and a 10 percent redudion from prior year funding is recommended.
TAB 30 REGIONAL TASK FORCE ON THE HOMELESS
AMOUNT REQUESTED Sl,000
PRIOR YEAR FUNDING $1,000
STAFF RECOMMENDATION $1,000
This program provides local agencies information on the homeless population throughout
San Diego CounF/.
TAB 31 CHILD CARE COORDINATOR
AMOUNT REQUESTED $46~200
PRIOR YEAR FUNDING $49,505
STAFF RECOMMENDATION I $46,200
Thiscity ofP°siti°nchub wilIvista.be responsible for planning and coordinating child care serv ces in the
TAB 32 FAIR HOUSING COUNCIL OF SAN DIEGO
AMOUNT REQUESTED $39,000
PRIOR YEAR FUNDING $39,000
STAFF RECOMMENDATION $39,000
The Fair Housing Council assists the City in providing fair housing oppodunities, responds
to resident's concerns, and provides landlord-tenant counseling.
PAGE 15, ITEM NO.: /~
MEETING DATE: 05/14/02
TAB 33 CITY STAFF ADMINISTRATION
AMOUNT REQUESTED $306,860
PRIOR YEAR FUNDING $211,783
STAFF RECOMMENDATION $306,860
Provides for staff costs in administering the CDBG program.
OTAY CENTER ART WALL
AMOUNT REQUESTED $3,800
PRIOR YEAR FUNDING
STAFF RECOMMENDATION $3.000
The Otay Recreation Center's proposed project is for an Art Wall. The Otay Recreation
Center was built and designed to include an exterior Art Wall in the courtyard. The
designated space encompasses approximately 1500 square feet and is a central meeting
place for youth and adults. Since the first phase of the project will be designing the art
wall. This item was previously budgeted under the Capitol Improvement Program
Category as TAB 28.
HOME PROGRAM BUDGET
The City will receive $935,000 in HOME funds from HUD for FY 2001-02. HOME funds may be
used to provide affordable rental housing and ownership opportunities through new construction,
acquisition, rehabilitation, and tenant-based rental assistance. Over the past five-years the City
has used these funds to support new construction and acquisition activities related to the
development of affordable housing.
The following proposals are included in the CDBG Notebook under HOME Program Budget in
the following sequence:
I STAFF RECOMMENDATION I $93,500
Administrative costs for city staff to oversee the HOME program. These administrative
costs represent 10% of the HOME budget. These costs include staff costs for
coordination, accounting, monitoring of subreciplents, environmental review, and HUD
reporting requirements.
TAB 35 COMMUNITY HOUSING DEVELOPMENT ORGANIZATION
I STAFF RECOMMENDATION I $140,250
HOME program regulations require a participating jurisdiction to set-aside 15% of the
annual HOME entitlement for a Community Housing Development Organization (CHDO)
for the purpose of developing and/or supporting the City of Chula Vista in providing
affordable housing project in the City.
PAGE 16, ITEM NO.: /2
MEETING DATE: 05/14/02
TAB 36 SOUTH BAY COMMUNITY SERVICES - OFFICE RENT
I STAFF RECOMMENDATION I $46,750
Funds will be used for office space. As a communi~/ based development organization
HOME funds are eligible for this program.
TAB 37 AFFORDABLE HOUSING DEVELOPMENT
I STAFF RECOMMENDATION I $654,500
Funds will be used for new affordable housing development; to acquire land for infill
affordable housing units; single-family rehabilitation; and first-time homebuyer
programs.
FISCAL IMPACT
The City will receive $2,085,000 in CDBG entitlement funds for fiscal year 2002-03. The fifteen
(15) percent cap will limit the public service allocation to $312,750. In addition, the City will
receive $935,000 in HOME funds for fiscal year 2002-03. The total of 2002-03 CDBG and
HOME funds to be used for eligible programs and projects will be $3,020,000.
Attachments:
Exhibit A - Fiscal Year 2002-03 Consolidated Annual Plan
Exhibit B - HUD Listing of Proposed Projects
EXHIBIT A
CiIY OF
CHULA VISTA
Consolidated Annual Plan
Fiscal Year 2002-03
This Consolidated Annual Plan delineates the City's plans for use of funds during the fiscal year 2002-03. The Plan
describes: A) the resoumes available for program implementation; B) activity to be undertaken; C) monitoring; D)
homelessness; E) anti-poverty strategy; F) coordination; G) obstacles to underserved needs; H) geographic location
for expenditure of CDBG funds; and I) objectives. This plan is consistent with the priority housing needs, priority
homeless needs, priority special needs populations, and priority non-housing community development needs listed in
the City of Chula Vista's Consolidated Plan for Fiscal Years 2000-2005.
A. HOUSING AND COMMUNITY DEVELOPMENT RESOURCES
Financing Resources
Financing resoumes for addressing housing and community development needs ara fairly limited for the City. To
ultimately reach the goals of the City, a variety of resoumes must be used to achieve each objective. Table 1
describes the eligible activities of a variety of resoumes identified in this section. The limited City resources must be
leveraged with additional funds from private and public soumes and programs. Partnerships with banks, nonprofit,
and private developem are needed. Achieving these goals requires community volunteer efforts to raise funds, solicit
grants and donate time. The City can facilitate the use of developem and potential homeowners of tax-exempt
financing (bond issuances), Iow income tax credits, and other tax credit programs.
The City anticipates using the following federal programs for implementation of the Consolidated Annual Plan:
Community Development Block Grant (CDBG) - the City is an entitlement City and receives an annual grant
from the federal govemment. These funds can be used for public facilities, services, or housing for Iow-
income (80% and below the median County income) persons. For FY 2002-03 the City is expected to
receive $2,085,000 in CDBG funds
~ HOME Program - the City also receives an annual grant from the HUD program through a jurisdictionally
competitive process. The funds can be used for new housing construction, housing rehabilitation, rental
assistance or to assist first time homebuyers. For FY 2002-03 the City is expected to receive $935,000 in
HOME funds.
~* Section 8 Rental Assistance - the County of San Diego operates the City's program and will receive HUD
funding for the next five years to provide rental assistance for Iow-income families {50% of median County
income).
~* Stewart B. UcKinney Homeless Act - a variety of programs ara available to fund homeless transitional
housing programs and emergency shelters.
~' HUD 202 Program - funds ara for new construction of senior housing.
~ Federal tax-exempt housing revenue bonds provide Iow interest bonds for the acquisition and construction
of Iow income housing projects.
City of Chula Vista
2002 Annual Plan Page 1
la '/7
The City also plans to use funds through the following State or local government programs:
> Redevelopment Agency 20% Set-Aside Program - every year, the City's Redevelopment Agency sets aside
approximately twenty percent of the tax increment revenue it generates from its five redevelopment project
areas to be used for the development and rehabilitation of affordable housing.
> Mortgage Credit Certificate Program - tax credits for first-time homebuyem. To date the City has assisted
approximately 210 first-time homebuyem. The City currently participates in the Regional MCC Consortium
administered by the County of San Diego.
The City supports the application of other entities within the City for programs which would assist the City in reaching
the goals of the Plan. These programs include Emergency Shelter Grant, Supportive Housing, Housing for Persons
with AIDS, Iow income housing tax credits, and mortgage revenue bonds. See Table 2: Support of Applications by
Other Entities.
As other programs from the State and Federal government arise during the five-year planning period which will assist
the City in reaching the goals and objectives of the Plan, the City will pursue those resources.
Non-Profit Resources
Non-profit housing developers and service providers are a critical resoume to the City. The following developers and
service providem are some of the non-profits who have been active in the City and play an important role in the Plan.
Local Initiative Support Corporation (USC) - Residential, commercial or mixed-use projects serving Iow
income persons. LISC offers non-profit capacity building and pre-development grants and loans.
> California Community Reinvestment Corporation (GCRC) - Provides permanent financing of multi-family
rental and limited equity housing cooperatives.
> South Bay Community Services ($BCS) - Multi-service social service agency and affordable housing
developer working closely with the City on numerous community improvement projects.
For-Profit Resources
> Bank of America - Residential, commemial or mixed-use projects serving Iow income persons. Bank of
America offers assistance in the form of construction loans and rehabilitation loans.
City of Chula Vista
2002 Annual Plan Page 2
TABLE 1
PUBLIC AND PRIVATE RESOURCES AVAILABLE
FOR HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES
1. Federal Programs
a. Formula/Entitlements
HOME Flexible grant program awarded Acquisition
2002-03 Funding - to the City on a formula basis Rehabilitation
$935,000 for housing activities. Home Buyer Assistance
Rental Assistance
CDBG 2002-03 Grants awarded to the City on a Acquisition
FundingS2,085,000 formula basis for housing Rehabilitation
activities. Home Buyer Assistance
Economic Development
Homeless Assistance
Public Services
Housing Opportunities Entitlement and Competitive Public Housing Ownership
for Persons with AIDS Grants for Housing Assistance(HOPE1)
(HOPWA) and Supportive Services for Home Ownership of Multi-
PHAs. Grants awarded to City Family Units (HOPE2)
on a formula basis, ara Home Ownership for
administered by the County. Single-Family Homes
(HOPE3)
HOPE Home ownership assistance
awarded on a competitive
basis, requires non-federal
matching funds.
City of Chula Vista
2002 Annual Plan Page 3
TABLE 1
PUBLIC AND PRIVATE RESOURCES AVAILABLE
FOR HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES
(continued)
program Pr~ram
Name
b. Competitive Emergency ShelterGrants Grants to improve quality of Homeless AssJstance
Programs (continued) (ESG) existing shelters/increaseAcquisition
number of new shelters for theNew Construction
homeless. Funds are awarded Rehabilitation
to local non-profits through the Support Services
State.
Section 8 Rental assistance payments to Rental Assistance
Rental Assistance Program ownem of private market rate
units on behalf of very Iow
income tenants. Administered
by OCHA.
Shelter CarePlus Grants for rental assistance Rental Assistance
offered with support services to
homeless with disabilities and
disabled households.
Section 202 Grants to non-profit developers Acquisition
of supportive housing for the Rehabilitation
elderly. New Construction
Rental Assistance
Support Services
Section 811 Grants to non-profit developers Acquisition
of supportive housing for Rehabilitation
persons with disabilities, New Construction
including group homes, Rental Assistance
independent living facilities and
intermediate care facilities.
City of Chula Vista
2002 Annual Plan Page 4
TABLE 1
PUBLIC AND PRIVATE RESOURCES AVAILABLE
FOR HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES
(continued)
p~grarn program ~SCriPt on El g b
b. Competitive Economic Adjustment Provides funding for areas Public facilities/ services
Program (continued) Assistance- Sudden and facing actual or threatened Business Development
Severe unemployment as a result of Planning
sudden economic dislocation.Rent supplements
Mortgage payment
assistance
Reseamh
Technical assistance
Training
Relocation of individuals
and unemployment
compensation
2. State Programs Emergency Shelter Program Grants awarded to non-profitSupport Services
organizations for shelter
support services.
Mobile HomePark Funds awarded to mobile Acquisition
Conversion Program home park tenant Rehabilitation
organizations to convert
mobile home parks to resident
ownership.
California Housing Finance Below market rate financing New Construction
Agency (CHFA) Multiple offered to builders and Rehabilitation
Rental Housing Programs developers of multi-family and Acquisition of Properties
elderly rental housing, Tax from 20 to150 units
exempt bonds provide below-
market mortgage money.
City of Chula Vista
2002 Annual Plan Page 5
TABLE 1
PUBLIC AND PRIVATE RESOURCES AVAILABLE
FOR HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES
(continued)
2, State California Housing Finance Agency CHFA sells tax-exempt bonds to Home Buyer
Programs Home Mortgage Purchase Program make below market loans to firstAssistance
(continued) time home buyers. Program
operates through participating
lenders who originate loans for
CHFA purchase.
Mortgage Credit Certificate Program Income tax credits available to first Home Buyer
time home buyers for the Assistance
purchase of new or existing single-
family housing. Local agencies
make certificates available.
Low Income Housing Tax Credit Tax credits available to individuals New Construction
and corporations that invest in Iow Rehabilitation
income rental housing. Tax Acquisition
credits sold to corporations and
people with high tax liability and
proceeds are used to create
housing.
California Housing Rehabilitation Low interest loans for the Rehabilitation
Program - Owner Component rehabilitation of substandard Repair Code
homes owned and occupied by Violations
lower income households. City Accessibility
and non-profit sponsor housing Improvements
rehabilitation projects Room Additions
General Property
Improvements
City of Chula Vista
2002 Annual Plan Page 6
TABLE 1
PUBLIC AND PRIVATE RESOURCES AVAILABLE
FOR HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES
(continued)
2. State Programs Defense Adjustment Provides a portion of matchingMatching funds to
(continued) Matching Grant funds required by communities obtain federal
seeking federal funding for planning and
defense-related economic implementation
adjustment strategies and grants for defense
programs, convemion and base
closure response
activities.
3. Local Programs Chula Vista Redevelopment 20 percent of Agency funds areAcquisition
Agency set aside for affordable housing Rehabilitation
2002-03 Funding- activities governed by state law. New Construction
Approximately $2.6 million.
4. Private Federal National Mortgage Loan applicants apply to Home Buyer
Resources/Financing Association (FNMA) padicipating lenders for the Assistance
Programs following programs:
a. Community Home Buyers Fixed rate mortgages issued byHome Buyer
Program pdvate mortgage insurers. Assistance
Rehabilitation
b. Community Home Mortgages which fund the Home Buyer
Mortgage purchase and rehabilitation of a Assistance
Improvement Program home
c. Fannie Neighbors Low Down Payment Mortgages
for Single Family Homes in
under served Iow income and
minority communities.
City of Chula Vista
2002 Annual Plan Page 7
TABLE 1
PUBLIC AND PRIVATE RESOURCES AVAILABLE
FOR HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES
(continued)
piagram program Name DescriptiOn igibie Act ~ ties
4. Private California Community Non-profit mortgage banking New Construction
Resources/Financing Reinvestment Corporation consortium designed to provideRehabilitation
Programs (continued) (CCRA) long term debt financing for Acquisition
affordable multi-family rental
housing. Non-profit and for-
profit developem contact
member banks.
Federal Home Loan Bank Direct subsidies to non-profitNew Construction
Affordable Housing Program and for-profit developers and
public agencies for affordable
Iow income ownership and
rental projects,
City of Chula Vista
2002 Annual Plan Page 8
Table 2
U.S. Department of Housing and Urban Development
CPD Consolidated Plan
Support of Applications by Other Entities Report
Funding Source Support Application
by Other Entities?
A. Formula/Entitlement Programs
ESG Y
Public Housing Comprehensive Grant Y
B. Competitive Programs
HOPE 1 Y
HOPE 2 Y
HOPE 3 Y
ESG Y
Supportive Housing Y
HOPWA Y
Safe Havens Y
Rural Homeless Housing Y
Section 202 Elderly Y
Section 811 Handicapped Y
Moderate Rehab SRO Y
Rental Vouchem Y
Rental Certificates Y
Public Housing Development Y
Public Housing MROP Y
Public Housing ClAP Y
LIHTC Y
City of Chula Vista
2002 Annual Plan Page 9
B. ACTIVITIES TO BE UNDERTAKEN
Table 3: Funding Soumes illustrates the City's CDBG and HOME allocations and program income available for the
coming fiscal year.
Table 3
U.S. Department of Housing and Urban Development
CPD Consolidated Plan
Funding Sources
Entitlement Grant (includes reallocated funds) $3,020,000
Unprogrammed Prior Year's Income not previously reported $0
Surplus Funds $0
Return of Grant Funds $0
Total Estimated Program Income $0
Funding Sources: I $3,020,000
Total
C. MONITORING
Careful evaluation of the housing and public service delivery system can be the most effective tool in detecting gaps
and making appropriate modifications. Chula Vista monitors its sub-grantees, conducts in-house reviews of progress
reports and expenditures and performs on-site visits to ensure compliance with federal regulations. Agreements
made with sub-grantees encourage uniform reporting to achieve consistent information on beneficiaries. Technical
assistance is provided when necessary.
D. HOMELESSNESS
The City of Chula Vista will continue to support the efforts of South Bay Community Services transitional and short-
term housing projects which assist the homeless and in addition, will fund the following projects to help the homeless
in fiscal year 2002-03:
~* Thursday's Meal
San Diego Regional Task Fome on the Homeless
Lutheran Social Services - Project Hand
County of San Diego - Cold Weather Shelter Voucher Program
E. ANTI-POVERTY STRATEGY
As part of the City's Anti-Poverty Strategy, the City will endeavor to integrate social services and housing activities for
households below the poverty line. These efforts include, but are not limited to the following:
> South Bay Community Services KIDSBIZ Program: This program teaches At-risk youths to use their
entrepreneurial skills Jn a positive way. Teenagers are taught to develop their own business plans and to
run their own business.
> Earned Income Tax Credit Preqram: SBCS has hired a program coordinator to do outreach and education
to community residents about the Eamed Income Tax Credit. This coordinator assists in qualifying citizens
in applying for the tax credit. The goal of this program is to have 200 families receive the tax credit. Eligible
families are working parents with children earning under $25,000 per year.
> Park Villa.qe Apartments: On-site day care and job training services are offered at this very Iow income
apartment complex.
City of Chula Vista
2002 Annual Plan Page 10
~ Casa Nueva Vida I & I1: Residents are required to secure an income and save money for their first month's
rent plus security deposit. They are referred to outside job training agencies for help in securing a job.
Independent living skills are taught in areas of health, nutrition, immunizations, parenting, and other
pertinent issues. Individual and family counseling is also offered.
F. COORDINATION
The City will coordinate and implement its strategies through the following activities:
Activity: Target available CDBG funding to those areas and population exhibiting the greatest need.
Activity: Encourage social service providers to work with developers and CHDOs to provide service-
enriched housing. Services include health care referrals, financial counseling, and case
management.
Activity: Assist county, state, federal, educational, and private organizations involved in economic
development and job training in targeting their efforts toward those areas of Chula Vista exhibiting
the greatest need.
G, OBSTACLES TO UNDESERVED NEEDS
The City is continuing in its effort to remove obstacles to undeserved needs throughout the community. The City has
made a commitment to budget CDBG funds at the maximum allowable to offer citizens much needed programs and
services in the area of literacy, job training, youth activities, senior services, violence prevention, and health care
assistance for Iow- income families.
H. GEOGRAPHIC AREAS FOR EXPENDITURE OF CDBG FUNDS
The City plans to use CDBG funds in areas of the City where improvement is most needed. Many of the projects
assisted with CDBG are located in the western portion of the City which is also the oldest areas where infrastructure
improvements and revitalization is needed. The City continues to implement ADA improvements throughout the
community as required by federal mandate.
PROPOSED 2002-03 HOME BUDGET
The Federal HOME Investment Partnership Program (HOME) allocated funds by formula directly to state and local
governments to promote affordable housing. Participating jurisdictions are able to provide this assistance to both for-
profit and non-prefit housing developers or directly to qualified home buyers or renters. The assistance may take the
form of grants, loans, advances, equity investments, and interest subsidies.
To date, the City has been allocated $6,673,000 in HOME funds since 1992 when the program was created. HOME
funds may be used to provide affordable rental housing and home ownership opportunities through new construction,
acquisition, rehabilitation, and tenant-based rental assistance. In addition, HOME funds can be used to fund
operational costs for Community Housing Development Organizations (CHDO). A CHDO is a non-profit, community-
based organization that has, or intends to retain, staff with the capacity to develop affordable housing for the
community it serves. Currently, the City has four (4) designated CHDO's: [1] MAAC Project; [2] Habitat for Humanity;
[3] South Bay Community Services; and Interfaith Housing.
The City is required to provide a 25 percent match for HOME funds used for rental assistance, housing rehabilitation,
and acquisition of standard housing. A 30 percent match is required for new construction. Some examples of
allowable matching contributions would include Redevelopment Agency Low and Moderate Income Housing Funds,
land value (donated or a loan), on and off-site improvements, waiver of local and state taxes or fees, voluntary labor
in connection with site preparation. If a project exceeds the required match, the excess credit can be applied to
future projects. The table below delineates the uses of HOME funds for fiscal year 2002-03.
City of Chula Vista
2002 Annual Plan Page 11
Table 4
ESTIMATED 2002-03 USE OF HOME FUNDS
CITY OF CHULA VISTA t
Staff Administration $93,500
Community Housing Development $140,250
Organization (CHDO)
Affordable Housing Projects $654,500
SBCS - Office Rent $46,750
TOTAL $935,000
The following is a brief description of the above HOME activities being recommended for funding:
Staff Administration
Administrative costs for city staff to oversee the HOME program. These administrative costs represent 10% of the
HOME budget. These costs include staff costs for coordination, accounting, environmental review, and HUD
reporting requirements.
CHDO 15% Set Aside
Per HUD regulations a City is required to set-aside 15% of the annual allocation for Community Housing
Development Organizations (CHDO) to assist the City in development and/or support in providing affordable housing
projects for Iow and moderate income families. For FY 2002-03, the City of Chula Vista is setting aside $140,250 for
CHDO housing projects. These funds will be awarded on a competitive basis.
CHDO Operation
The $46,750 proposed for CHDO operation costs is earmarked for South Bay Community Services.
CHBO Monitoring
A careful evaluation of the CHDO delivery system is an effective way to determine the organization is carrying out the
goals and objectives in providing affordable housing. The City of Chula Vista will be monitoring South Bay
Community Services in the same manner that it monitors CDBG sub-recipients. An annual financial examination of
the organization will be performed along with requiring South Bay Community service to submit quarterly progress
reports. Al year end, staff will tour the South Bay Community Services facility and related projects that were assisted
with HOME funds.
Geographic Location for HOME Funds
The City of Chula Vista has committed HOME funds to various projects throughout the city. These projects are
designed to target Iow and moderate-income households at or under 60% of median income. A major commitment is
a newly created down payment and closing cost assistance to assist first-time homebuyers on a city-wide basis.
1 The City has the option to modify the amounts by category in the future without HUD approval if the need arises.
City of Chula Vista
2002 Annual Plan Page 12
Barriers to Affordable Housing
The City actively encourages developers to set-aside 10% of newly developed units for affordable housing purposes.
The City also strongly supports the County of San Diego's effort at supplying public housing such as Dorothy Street
and L Street. As part of the Housing Element, the City works closely with developers in negotiating affordable
housing agreements which require a 10% unit set-aside for Iow and moderate income housing. Five pement for
households at or below 80% of median income and 5% for moderate income households. Projects that meet this
criteria are Rolling Hills Ranch (116 senior and 30 family units) and Otay Ranch (242 units). Both of these projects
ara located on the Eastern portion of the city. Low and Moderate Income Housing Funds have been targeted for
these projects, however HOME funds could also be used.
Due to the incraase price of for-sale housing, the City is developing a down payment assistance program. Since the
down payment and closing costs raquire a large cash outlay, the transition from rental to for-sale housing can be a
hardship for most Iow and moderate-income households. The City will provide subsidy funds for the down payment
in the form of a loan and will also provide a portion of the closing costs in the form of a grant.
Maintaining Affordable Housing
In 1968, HUD developed the 236 program that provided both mortgage insurance and mortgage interast raduction to
any for-profit or non-profit developer who agraed to build affordable housing units for families. Chula Vista has four
projects which wera HUD financed using the 236 program. Currantly, two of these projects ara nearing the expiration
of the affordability term. Castle Park Garden Apartments consisting of 62 non-elderly units and Rancho Vista
Apartments consisting of 24 non-elderly units. The city is attempting to praserve these units through a partnership
with the apartment owner, lending institutions, and non-profit organizations.
The City also maintains affordable housing through the Community Housing Improvement Program (CHIP). The
purpose of this program is to assist Iow income households rehabilitate their existing home. Both single-family and
mobile homes are eligible to receive assistance. Currantly, Low and Moderate Income Housing funds ara used to
fund this program. For fiscal year 2002-03 the City anticipates assisting 40 single-family households with over
$800,000 in loans. For the mobile home grant program, the City anticipates assisting 33 households.
Lead-Based Paint
The City currantly assists homeowners alleviate lead-based paint hazards through the Community Housing
Improvement Program (CHIP). When lead-based paint is discovered through the rehabilitation of the property, funds
are used to ramove and dispose of the paint chips and to repaint the house. The City utilizes the Low and Moderate
Income Housing Funds for this purpose. The City expects to use HOME funds to rehabilitate some homes. With the
newly implemented lead-based paint legislation, Chula Vista will be designing a lead-based paint hazard program to
provide information to Chula Vista residents and measures to limit the impact of lead-based paint.
Housing Authority
In 1995 the City received HUD certification to operate as a Housing Authority. The focus of the Chula Vista Housing
Authority is on the development of affordable housing through land acquisition, bond indebtedness, and rehabilitation
of the existing housing stock. The Section 8 rental assistance program will continue to be administered by the
County of San Diego. Chula Vista fully supports the County of San Diego in their application for vouchers.
City Administration
The City can allocate 10% or $93,500 of its HOME funds for administration. These funds will be used for overall
administration and coordination of the HOME Program as well as staff time devoted to individually HOME-funded
projects and programs. HOME funds used for administration do not requira a match.
City of Chula Vista
2002 Annual Plan Page 13
I. OBJECTIVES/ACHIEVEMENTS
1. PRIORITY HOUSING NEEDS
This section describes Chula Vista's strategies for addressing housing needs which are identified as High or Medium
priorities.
Priorities for Allocating Investment Geographically
Housing assistance can be generally described as available throughout the entire City. Homeownership activities,
preservation of at-risk affordable housing, rehabilitation of owner-occupied housing, and mixed income rental housing
acquisition and development can occur in any area of the City exhibiting need or project feasibility (subject to
program guidelines).
Site selection guidelines of the City ensure that all units am built or acquired in areas of the City where there is
adequate services such as schools, health care, transportation and or recreational services.
PRIORITY1.1 Continue the housing rehabilitation, rental rehabilitation, and mobilehome
rehabilitation programs in order to preserve the City's aging housing stock
Since the inception of the Redevelopment Agency's rehabilitation programs, these
programs have served almost exclusive y very-low income households, whose dwelling
units were in dire need of rehabilitation. In order to preserve the Citys aging housing
stock and provide decent places for people to live, the Agency will continue doing
moderate rehabilitation. For fiscal year 2002-03 the City anticipates rehabilitating 25
mobile homes and 40 single family homes.
PRIORITY 1.2 Continue to implement the City's Affordable Housing Program so that more newly
constructed rental and for-sale units are made available to Iow, moderate, and
middle income households.
Chula Vista is very fortunate because a large portion of the City is yet to be developed. In
an effort to gain more housing units affordable to Iow and moderate-income groups in the
undeveloped areas and to promote a balanced community, the Affordable Housing
Program was developed. Census Data for 1990 shows that the City lacks affordable
rental and for-sale units to persons and families in the above income groups. The fk, e
year objective as outlined in the Consolidated Plan has targeted this as a High Priority for
very Iow and Iow income family rental units with construction of 250 Iow and moderate
income units (80% and below) and 345 middle and above middle income units (81% to
20'/o). Medium Pr~onty ~s assigned to Iow and moderate ncome family for-sale units.
Currently, the following Affordab e Housing Agreements were negotiated and approved:
~ EastLake Trails- EastLake Development Company. This for-sale development
will provide 33 for-sale units targeting 80% of area median income. The City will
provide HOME funds for the down payment and closing cost assistance.
~ Otay Ranch - This development will provide a total of 242 units of which 91
units will be targeted to senior households. The City expects to provide financial
assistance in the amount of $910,000 in Iow and moderate income housing
funds. This project is located in the Eastern territory of the City.
~' Rolling Hills Ranch - The development expects to provide a total of 116 units
and will target Iow-income seniors. The City will not provide any financial
assistance. The project is located in eastern Chula Vista.
City of Chula Vista
2002 Annual Plan
/.,~ ,~ ~ Page 14
PRIORITY 1.3 Assist Iow, moderate and middle income residents to become homeowners.
According to SANDAG and data compiled from the San Diego Union-Tribune Newspaper,
approximately 30% of all households could afford to pumhase a single family home in the
San Diego region in 1993, and it is estimated that approximately 25% of Chula Vista
residents can afford a median priced single family home in Chula Vista. This pementage
does assume, however, that these individuals have the down payment for a loan and a
well established credit history. The City assists moderate and middle income residents by
offering the following programs:
Bortgage Credit Certificate Program (MCC) - The County of San Diego
administers the MCC program on behalf of Chula Vista and allows eligible buyers
to take 20% of their mortgage interest as a tax credit on their federal income
taxes. To be eligible for the program in non-targeted census tracts, a household
must be a first-time home buyer, buy a home in Chula Vista, and earn less than
115% of County Median Income. {A targeted census tract is one where 70% or
more of the households earn 80% or less of the County Median Income). The
currant objective is to assist 7 moderate income families. The funding soume for
this program has continue to decline.
Reissued Mortgage Credit Certificate Program (RMCC) - The City of Chula
Vista participates in the RMCC program administered by the County of San
Diego. This program allows existing MCC holders to take advantage of lower
interest rates to refinance their mortgage without losing the benefit of their MCC.
~' Lease to Own Program - Staff is working with the County of San Diego along
with other participating jurisdictions to offer a lease program. This program will
be available to Chula Vista residents. Qualifying households who participate in
the program will qualify for a home. Instead of making mortgage payments, the
household will make lease payments for a period of three years. Upon the
expiration of the lease, the household qualifies for the home and assumes the
mortgage.
)' Citywide First Time Homebuyer Program- The City expects to implement a
citywide first time homebuyer program during fiscal year 2002-03. This program
will target households eaming 80 pement of area median income. Assistance
will average between $5,000 to $10,000 in assistance for down payment and
closing cost assistance. A lead-based paint program will be a major component
of the citywide first time homebuyer program.
PRIORITY 1.4 Continue to support non-profit corporations to develop or rehabilitate rental
housing for vep/Iow and Iow-income households.
In the past, the City or the Redevelopment Agency has assisted for-profit developers to
develop units for Iow-income households. However, these for-profit developers always
insist upon these affordable units eventually converting to market rate rentals, and as a
result, the City only realizes the benefit of their investment for a limited period of time. If a
non-profit corporation develops the housing, the units will be affordable for the long-term,
and the City or the Redevelopment Agency has invested in an affordable project which
will benefit very Iow or Iow income residents of the City for the usable life of the rental
units. 1990 Census Data supports the fact that there is a lack of affordable rental housing
in the City for these income groups. The City is currently reviewing potential rental project
applications.
City of Chula Vista
2002 Annual Plan Page 15
PRIORITY 1.5 Continue to assist mobile home park residents who are faced with paying
increasing rents as well as the closure of their mobile home parks.
In the City, 35 mobile home parks provide housing to many very Iow and Iow-income
families and seniom. Without this form of housing, many of the families and senior
citizens would be facing a severe cost burden for housing, or they might not have
adequate housing at all. As a result, the City has made a substantial commitment to
regulate the City's parks so that the park residents can retain their affordable housing.
Social and Human Service providem confirm the need for this program, as well as the
public response to issues concerning mobile home rents at City Council meetings.
The five year objective outlined in the Consolidated Plan has targeted this as a Medium
Priority. The following program represents options for addressing Priority 1.5:
~' Mobile Home Rent Review Ordinance and Commission - The City's Rent
Review Ordinance only allows park owners to raise their rent by the Consumer
Price Index on an annual basis. Without this control, space rents would continue
to increase. As a result, park residents may face a severe cost burden.
Additionally, the number of mobile home spaces are shrinking due to park
closures. Because of these two factors, the affordability of mobile home rents is
endangered. Therefore, the City's Rent Review Ordinance was adopted. Since
very few spaces are available and park closures are common if the land is zoned
something other than mobile home park exclusive, the City regulates park
closures by requiring park owners to provide relocation assistance to park
residents who are Iow income.
~ Revisions to Mobile Home Ordinance- The City is looking to amend a portion
of the mobile home rent review ordinance to decrease increases in rent to
residents of mobile home parks and to tie increases in rent with the health,
safety, and welfare of park residents. Currently, park residents rent increases
annually according to the Consumer Price Index. It is expected that increases in
space rent will be determined by a fraction of the Consumer Price Index rather
than the full Consumer Price Index. Additionally, changes to the mobile home
ordinance will require the park to meet and comply with the City's building codes
and any violations must be cured prior to increasing space rent.
PRIORITY 1.6 Utilize the Chula Vista Housing Authority as the financial vehicle for affordable
housing projects
Continue to assist in the development of affordable housing projects through the use of
tax-exempt and tax credit financing. The Housing Authority is currently analyzing
potential project applications for future assistance.
A major focus of the Chula Vista Housing Authority is developing affordable housing through the issuance or
supporting the issuance of bond financing. For fiscal year 2002-03, the following projects are expected to be funded
through a combination of tax-exempt financing issued by the Housing Authority and Redevelopment Iow and
moderate income housing set-aside funds:
)' Main Plaza - This mixed use project will be located at the corner of Broadway and Main
Street and will provide 106 affordable family units. It is expected the financing will come
from a combination of tax-exempt bonds and Iow and moderate income housing funds.
The City will commit approximately $1.1 million in Iow-mod funds. The Chula Vista
Housing Authority will be the issuer of the bonds.
~ Otay Ranch- This development will provide a total of 242 units of which in Phase 1, 91
units will be targeted to senior households. The City expects to provide financial
assistance in the amount of $910,000 in Iow and moderate income housing funds. This
project is located in the Eastern territory of the City.
City of Chula Vista
2002 Annual Plan Page 16
2. PRIORITY HOMELESS NEEDS
This section describes Chula Vista's strategies for addressing homeless needs which are identified as High or
Medium priorities.
PRIORITY 2.1 Continue to support programs offering transitional housing opportunities for
homeless families and individuals.
The City's annual goal is to provide approximately $35,000 for programs to assist
homeless persons and families through the following programs:
Emergency Shelter Program - The State Department of Housing and
Community Development administers a HUD-funded Emergency Shelter Grant
Program (ESG). This program provides grants to local governments and to non-
profit corporations for the rehabilitation or conversion of buildings for use as
emergency shelters for the homeless, for the payment of certain operating and
social service expenses in connection with the emergency shelter program.
County of San Diego Voucher Program - the City of Chula Vista continues to
financially support the voucher program. This program provides hotel/motel
vouchers to homeless families and individuals through the winter months.
~ Thursday's Meal - This program provides meals to homeless families and
individuals. Chula Vista financially supports this program.
). South Bay Community Services - owns and operates two transitional housing
sites.
In addition, the City of Chula Vista continues to assist in addressing the needs of the
homeless population by funding the following programs:
)* San Diego Regional Task Force on the Homeless - This program has
received $6,000 in Community Development Block Grant funds since 1995 and
provides Chula Vista with statistical data on the homeless population throughout
San Diego County.
)' Lutheran Social Services (Project Hand)- This program has received $68,000
in Community Development Block Grant funds since 1995 and provides services
that include, in part, shelters for the homeless, transitional housing, emergency
food, clothing, and transportation. Approximately 1000 families and individuals
have received assistance through this program.
Obstacles to developing, acquiring and or rehabilitating facilities for transitional housing purposes include political
resistance and lack of financial resoumes.
City of Chula Vista
2002 Annual Plan Page 17
3. PRIORITY SPECIAL NEEDS POPULATION
This section describes Chula Vista's strategies for addressing housing for special needs populations which are
identified as High or Medium Priorities.
PRIORITY 3.1 Provide supportive housing projects and programs for special needs populations.
Special needs groups in Chula Vista include the elderly, disabled persons, female-headed
households, persons with drug and/or alcohol addictions, and persons with AIDS and
related diseases. Persons with special needs have housing needs which include
affordable housing, accessible housing units, housing in proximity to public services and
transportation, and larger units. Because many persons in special needs groups have
limited abilities and opportunities to work, they require housing which is affordable and
which enables them to live as independently as possible. The City funds the following
agencies with Community Development Block Grant monies:
Fair Housing Council of San Diego - This organization assists the City in
addressing impediments to fair housing and engage in fair housing planning to
remove such impediments. The Fair Housing Council has received
approximately $191,000 in CDBG funding since 1995 and has assisted over
2,200 Chula Vista residents in the area of landlord-tenant disputes and fair
housing discrimination issues.
Adult Protective Services - This agency provides adult day care and attempts
to prevent institutionalization and improve the quality of life for disabled and
disadvantaged seniors. Adult Protective Services has received approximately
$49,500 in CDBG funding since 1995 and has assisted over 2,000 Chula Vista
residents.
~ Meals on Wheels - This agency provides home delivered hot meals to seniors
and has received approximately $62,000 in CDBG funds which served over
28,000 hot meals to Chula Vista residents.
~ Lutheran Social Services (Shared Housing). This program provides services
that match Iow income seniors with individuals looking for housing at a reduced
cost. Shared Housing has received approximately $23,000 in CDBG funding
since 1995 and has made over 220 successful matches.
Obstacles to funding these programs at a higher level is due to a lack of financial resources, the increased demand
for funding from these agencies, and the public service cap mandated by HUD.
PRIORITY 3.2 Provide rental assistance (Section 8 Certificates and Vouchers) to lower income
households with special needs overpaying for housing.
Persons with special needs have housing needs which include affordable housing,
accessible housing units, housing in proximity to public services and transportation, and
larger units. Because many persons in special needs groups have limited abilities and
opportunities to work, they require housing assistance which will enable them to live as
independently as possible. There are 2,024 elderly renter lower income households in
Chuta Vista; 58 pement of the extremely Iow income elderly renters pay more than 50
pement of their income for housing, and 46 pement of the Iow income elderly renters pay
more than 50 percent of their income for housing. Currently, the City contracts with the
County of San Diego to administer the Section 8 Voucher program. Obstacles to
providing the Section 8 Voucher program in the City of Chula Vista include the lack of staff
required to start-up a completely new program and the lack of expertise in administering a
program of this size.
City of Chula Vista
2002 Annual Plan Page 18
4. PRIORITY NON-HOUSING COMMUNITY DEVELOPMENT NEEDS
This section describes the City of Chula Vista's strategies for addressing non-housing community development
needs which ars identified as High or Medium priorities.
A. Community Facilities
PRIORITY 4.A.1 Continue to improve the quality of existing community facilities to serve the needs
of lower and moderate- income households.
Respondents to past Community Development Needs Assessments and Surveys ranked
Youth Centers, Child Care Centers, and Parks and Recreation facilities as the highest
community facility needs. With the opening of the Otay Recreation Center in the
southwest area of the City, a number of services are now offered to lower income
households. Focus is now on upgrading currsnt youth facilities.
B. Infrastructure Improvements
PRIORITY 4.B.1 Provide for needed infrastructure improvements in lower and moderate-income
target areas.
Respondents to past community development surveys and other community outreach
methods ranked street improvements, street lighting, sidewalk construction, and drainage
improvements as the highest infrastructure needs. The five-year objective as outlined in
the Consolidated Plan has targeted this as a High Priority with the objective of funding
infrastructure improvements consistent with the urgency of the established need for
improvements.
The following capital improvement projects are expected to be funded in fiscal year 2002-
03.
Drainage Improvements-Oxford Street - There are no existing drainage
facilities in this area of Oxford Street. Houses below the street pavement along
Oxford Street are subject to flooding during moderate and heavy rainfalls.
Construction of these improvements will help eliminate this problem.
CMP Rehabilitation- This project involves the removal or relining of corrugaged
metal storm drain pipes (CMP) that are in need of repair and would also include
futura drainage projects.
~ North Broadway Basin Construction- This project is shown as a Stage I
priority. Broadway is one of the City's busiest thoroughfares. During rainy
seasons, water frequently tops the easterly curb and causes flooding of the
Broadway "D'
~' ADA Curb Cuts Annual Program- This project constructs curb cuts throughout
the city. It is expected that 14 curb cuts will be provided this fiscal year.
)* E Street Beautification- Funds will be used to provide landscaping and street
widening to the E Street corridor.
~ Playground Equipment Renovation - Fund will be used to replace old, worn
out playground equipment in the eligible census tract areas of the city.
City of Chula Vista
2002 Annual Plan Page 19
C. Community Services
PRIORITY 4.C.1 Continue to fund public services at the federally mandated cap.
Many non-profit social service providem struggle to perform their services for the
residents of Chula Vista due to budget constraints. Since the City believes the supportive
services these non-profits provide are important to residents with special needs, the City
funds these non-profits to ensure that their services will continue to meet the needs of Iow
and moderate income residents of Chula Vista.
D. Accessibility
PRIORITY 4.D.1 Provide for the access needs of the physically disabled.
ADA compliance has been given high priority by the City. The City believes that it is
important to make sure all recreational and governmental activities are accessible to
persons with disabilities. Currently, the City is undertaking the following programs:
~ ADA Curb Cuts Annual Program - The City has budgeted $199,000 for curb
cuts and expended $150,000. To date, approximately 30 curb cuts have been
provided throughout the City.
E. Economic Development
PRIORITY 4.E.1 Continue to provide an array of Business Assistance Programs to encourage job
creation through business attraction, retention, and expansion.
The City of Chula Vista has been negatively impacted by the economic recession which
began in the early 1990s. Commemial and industrial vacancies were high and the City's
industrial space absorption rate was Iow. The fact that the City's retail sales were
relatively flat despite the rapid population growth indicated that income were falling or
stagnating. Currently, however, there has been a tum around in the economy and Chula
Vista is enjoying increasing sales tax and preperb/tax revenues. The following programs
represent the City's efforts to address this p~iorlty:
> Economic Development Strategy (EDS) - The City is in the process of
developing an Economic Development Strategy, a basic blue print for short- and
long-range city development. The goal of the EDS is to ensure a balanced,
fiscally strong community. An 18-month process, the EDS involves input from
the private sector, local and regional agencies and the public and will result in an
"Economic Development Element" to be included in the City of Chula Vista
General Plan.
~ Redevelopment Agency - The Cily of Chula Vista has one of the most active
and progressive redevelopment programs in California, with close to 3,000
blighted or under-utilized acres designated under state law as 'Redevelopment
Project Areas'. Chula Vista's five project areas are Bayfront, Otay Valley Road,
Southwest, Town Centre I and Town Centre II. Redevelopment activities
provide these areas benefits such as additional employment opportunities, more
housing opportunities, increased property values and enhanced community
pride. Some of the major projects to be concentrated on for fiscal year 2001-02
include the following:
City of Chula Vista
2002 Annual Plan Page 20
o Carter-Reese Project - This project is located at 760 Broadway and is
a proposed mixed-use residential and retail center
o Completion of Phase I and Beginning of Phase II of the Gateway
Project in Town Center 1
o Bayfront Commercial Center - This project will be a 1.2 million square
foot retail center and will be located at the foot of H Street
o BayfTont Village - This project will offer a mixed-use and transit-
oriented project to be located at F Street and Woodlawn
o Phase II of the Chula Vista Auto Mall
BUSINESS RESPONSE TEAM (BRT)- The Business Response Team (BRT) is
an executive-level decision-making body that acts as both a City economic
development think tank and an interdepartmental action team for commemial and
industrial projects. The team focuses on four activities - developing citywide
economic development policies, providing timely and competitive proposals in
response to business citing opportunities, implementing interdepartmental
business assistance systems and implementing a comprehensive customer
service training program.
LOCAL EMPLOYER ASSISTANCE PROGRAM (LEAP) - The Chula Vista
Local Employer Assistance Program (LEAP) is a business retention and
expansion effort started by the City in 1999. LEAP's two goals am 1) to respond
to the needs of individual Chula Vista businesses, while 2) creating new
programs and services that will support the local business community as a
whole. To date, Chula Vista's LEAP program has assisted 44 companies,
resulting in more than 400 jobs being retained in the community and over 600
jobs being created.
ENTERPRISE ZONE - In a collaborative effort, the Cities of Chula Vista
and San Diego, the Port District and the California Technology, Trade and
Commerce Agency have added portions of the Chula Vista bayfront to the
State-designated "South Bay Enterprise Zone." Commercial and
industrial companies located within the Zone boundaries can take
advantage of substantial State financial incentives, significantly helping
several major employers, including BFGoodrich and Raytheon, and a
number of planned development projects.
RMDZ- The Chula Vista/South San Diego RMDZ, which encompasses the
entire City, is a joint effort of the City of Chula Vista, the City and County of San
Diego and the California Integrated Waste Management Board to assist
companies that recycle and conserve. Chula Vista manufacturers using
recyclables or diverting waste from landfills can benefit from Iow interest loans
and technical assistance under the program.
City of Chula Vista
2002 Annual Plan Page 21
HIGHTECH/BlOTECHZONE-Inordertoattracttargetedhightechno]ogy, bio-
technical and biomedical businesses, Chula Vista has established a High
Tech/Biotech Zone within the Eastlake master-planned community. The Zone
offers firms several benefits, including a series of incentives intended to meet the
specialized needs of high tech and biotech firms.
~ SECTION 108 LOAN GUARANTEE PROGRAM - Under the Section 108
Loan/Loan Guarantee Program, the City can financially assist targeted
companies by offering loan terms more favorable than private financing. Such
loans must be approved by the Chula Vista City Council and by the U.S.
Department of Housing and Urban Development; the City's total funding authority
is $10 million. The city is intending to activate a Section 108 Loan/Loan
Guarantee Program. City staff is evaluating a loan to Nypre San Diego, a plastic
mold injection manufacturer, for approximately $1.8 million, for the purchase of
manufacturing equipment to support job creation and retention efforts. Issuance
of a loan will be subject to approval by city council contingent upon the
negotiation of legal and financial terms and conditions acceptable to the city.
>. CONNECTORY. COM- CONNECTORY.COM, an Internet database linking
businesses to each other and to the global marketplace, helps Chula Vista
companies be more competitive in today's rapidly changing business
environment. The free business-to-business service provides detailed
information about company products, services, core capabilities and capacities to
potential customers on-line.
Other active Economic Development Projects include:
GATEwAY- L~cated at Third and H Street~ this $58 mi~~i~n~ 334~~~~-square f~~t maj~r mixed-use
commercial/olfice complex is anticipated to employ as many as 1,200 people. The 4.5-acre, three-
phase project (two five-story and one six-story buildings) is the largest commercial development
ever undertaken in the Town Center I Redevelopment Project Area.
>' LEVlTON- Leviton Manufacturing, an international leader in the electrical products industry,
recently completed a $5.9 million western regional R&D facility in Chula Vista's EastLake Business
Center. The 90,000-square-foot facility will employ 200 highly skilled personnel, and will house
administrative and engineering components as well as light assembly and distribution operations.
~ NLP FURNITURE INDUSTRIES - The South County Economic Development Council, in
partnership with the City of Chula Vista, facilitated the loan of $400,000 to NLP Furniture, the
largest furniture restoration company in San Diego County. The funds will allow the company to
expand their current facility in Chula Vista and create 85 new jobs for Iow-income residents.
The Economic Development Division of the Community Development Department has worked diligently to structure
partnerships with other agencies to provide an array of services such as:
~ CDC SMALL BUSINESS FINANCE- Chula Vista has established a formal partnemhip with the
CDC Small Business Finance Corporation, a certified Small Business Administration (SBA)
financial lender. This partnership provides Chula Vista companies with access to Iow-interest
financial support, including a variety of loan and loan guarantee programs.
City of Chula Vista
2002 Annual Plan Page 22
CONTRACTING OPPORTUNITIES CENTER (COC) - Through a memorandum of understanding
(currently submitted for Board approval) with the Contracting Opportunities Center, Chula Vista is
able to offer local businesses specialized assistance in developing government contracting
opportunities. All services ara free to qualified small businesses
PROPERTY BASED BUSINESS IMPROVEMENT DISTRICT (PBID)- Developed by a growing
coalition of property and business owners, the proposed Downtown Chula Vista property-based
business improvement district is a benefit assessment district designed to improve properties
located within Chula Vista's central business district. The PBID will fund new improvements and
activities, including economic development, marketing, parking management and maintenance
initiatives, in conjunction with those currently provided by the City.
SMALL BUSINESS DEVELOPMENT AND INTERNATIONAL TRADE CENTER (SBD&ITC) - The
Small Business Development and International Trade Center (SBD&ITC) offers an array of small
business resourees to assist entrepreneurs in Chula Vista. The City is finalizing a memorandum of
understanding with the SBD&ITC to formalize its partnership.
SOUTH COUNTY CAREER CENTER (SCCC) - The San Diego Workforce Partnership, Inc., in
partnership with TTI of California, operates the South County Career Center, a one-stop,
comprehensive workforce development and business support services for local employers.
Working as a team with the City of Chula Vista, the Center seeks to find solutions individually
tailored to each employer's workforce development needs.
City of Chula Vista
2002 Annual Plan Page 23
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RESOLUTION NO, 2002 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE CONSOLIDATED ANNUAL
PLAN FOR FISCAL YEAR 2002-03 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AND HOME
INVESTMENT PARTNERSHIP (HOME) PROGRAM
BUDGETS AND AUTHORIZING TRANSMITTAL OF THE
CONSOLIDATED ANNUAL PLAN TO THE U,S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD
WHEREAS, the City of Chula Vista has prepared a Consolidated Annual Plan
{"Plan") for fiscal year 2002-03 per HUD Rules and Regulations; and
WHEREAS, the City will receive a 2002-03 CDBG entitlement of $2,085,000; and
WHEREAS, the City will receive a 2002-03 HOME entitlement of $935,000; and
WHEREAS, the City has followed its Citizen Participation Plan and held a public
hearing on housing and community needs on March 5, 2002 at which public testimony was
received and considered by the City Council with respect to the Plan; and
WHEREAS, the City has determined that all of the proposed activities meet the
CDBG national objectives to benefit primarily low-income households or aid in the elimination of
slums and blight; and
WHEREAS, the City has determined that it is necessary and appropriate to fund
special activities by certain sub-recipients to implement neighborhood revitalization and
community economic development projects in order to meet the goals and objectives ofthe Plan,
NOW, THEREFORE, BE IT RESOLVED based on the findings above, the City
Council of the City of Chula Vista does hereby approve the Consolidated Annual Plan for FY
2002-03 including both the FY 2002-03 Community Development Block Grant (CDBG) and HOME
Investment Partnership (HOME) program budgets in the form presented, a copy of which is
attached hereto as Attachment A.
BE IT FURTHER RESOLVED, that the Community Development Director is
authorized to transmit the Consolidated Annual Plan for FY 2002093 to the U,S, Department of
Housing and Urban Development (HUD).
Presented by
Approved as to form by
Chris Salomone
Director of Community Development
J:\Attorney\RESOICDBG Budget Resolution 2002-03.doc
/.,,¿ - 79
CDBG and HOME Program Budget
Organization FY 2002.03 BUdget
CDBG Prooram
Public Services
Chula Vista Youth Services Network $121,000
Sharp HealthCare Foundation $20,000
South Bav Senior Collaborative $50,000
Lutheran Social Services Proiect Hand $9,000
Chula Vista Familv Violence $36,522
Thursdavs Meal I $6,800
Chula Vista Therapeutics Prooram $14,000
Chula Vista Literacv Team $9,000
Dress for Success $9,000
INFORM Chula Vista $14,162
Southwestern Colleoe County Career Center $12,000
Veterans Home Suooort Foundation $2,000
Southwest Center for Asian Pacific American Law $5,000
Total $308,484
Communitv Proiects
Lutheran Social Services - Carino Neiohbor $29,000
Buildina & Housina Community Preservation $50,000
SBCS Comrnunitv Development Proaram $55,500
Total $134,500
Economic Develoament
South County EDC - Small Business Develooment Fund $13,833
South Bay Communitv Services - Teen Center $22,650
Economic Develaoment Fee Reduction Prooram $100,000
Southwestern Calleae- International Trade Center $10,000
Southwestern Colleoe - Contractino Oooortunities Center $10,751
Total $157,234
Nan-Profit Caoitallmnrovement Proaram
Bovs & Girls Club Renovation Prooram $62,700
Chula Vista American Little Leaaue $60,000
Total $122,700
Citv Caoitallmorovement Proaram
CMP Pioe Rehabilitatian $232,135
North Broadway Basin Construction $150,000
Drainaae - Oxford, First to Second $210,000
PI avo round Equioment $43,500
ADA Curb Cuts Annual Proaram $50,000
E Street Beautification $255,181
Total $940,816
Administration & Planninn
South Bav Familv YMCA $23,940
Reoional Task Force on the Homeless $1,000
Fair Housina Council of San Dieao $39,000
Child Care Coordinator $46,300
City Staff Administration $303,860
Otav Center Art Wall $3,000
Total $417,000
HOME Pronram Budnet
Staff Administratian $93,500
CHDO Set-Aside $140,250
South Bay Cammunitv Services Office Rent $46,750
Affordable Housina Develooment $654,500
Total $935,000
Total CDBG and HOME Prooram Budaets $3,015,734
// I.. ,~~/)
~ ~"~"..r-
COUNCIL AGENDA STATEMENT
Item: tl-ª
Meeting Date: 5/14/02
ITEM TITLE:
Request to OPPOSE AB 2160 (Goldberg) Public School
Employees: scope of re~r ntation
,)
David D, Rowlands, Jr., Manager
SUBMITTED BY:
REVIEWED BY:
N/A (4/5ths Vote: Yes _ NoX )
The California State Legislature is reviewing a proposal by Assemblymember Jackie
Goldberg to expand the scope of representation for certificated school employees to
include issues beyond wages, hours of employment, and other terms and conditions of
employment. The proposal (AB 2160), if approved, would set an inappropriate
precedent for broadening those issues covered by the collective bargaining process.
RECOMMENDATION: That the City Council:
1, Take a position opposing AB 2160.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable,
BACKGROUND: See attached legislative analyses and bill text.
Attachments: Attachment 1 - City of Chula Vista Legislative Analysis of AS 2160
Attachment 2 - Text of AS 2160
Attachment 3 - State Analysis of AB 2160
C:\... \2002IAgenda StatementslAB2160
CITY OF CHULA VISTA
LEGISLATIVE ANALYSIS
May 14, 2002
BILL AUTHOR TITLE INTRODUCED I
AMENDED
AB 2160 Goldberg Public School Employees: scope 2/20/02 5/1/02
of representation
CITY POSITION LEAGUE POSITION RELATED BILLS ADDRESSED BY LEG. PROGRAM
PENDING NONE NONE No, Council Action Required
STATUS: Assembly Appropriations Committee; no hearing date set
BACKGROUND: The heightened scrutiny under which California's public school system has fallen in the past
decade, has led to increased pressure for school districts, and their teachers, to improve the
test scores and academic performance of students in the primary and secondary levels of
education. Governor Davis took office under the auspices of making Education his first,
second and third priority, and has introduced a number of programs (both punitive and
incentive-based) to achieve those goals of better test scores.
There are instances around the state in which teachers feel they are being hampered in their
ability to maximize their students' efforts. As a result, they are calling for an expanded role
for teachers in the selection of books, curriculum, and other aspects of school district
operations.
AB 2160 would: Expand the scope of representation for certificated school employees to include issues
beyond wages, hours of employment and other terms and conditions of employment. In
other words, the efforts by teachers to gain greater levels of control over the choice of
textbooks, curriculum, etc. would be obtained by placing these items in the "meet and
confer" or collective bargaining process.
Although this bill applies only to school district employees, it sets a precedent for expanding
the boundaries of the "meet and confer" process beyond the terms and conditions of
employment. As noted in the State's analysis of this bill (attached), opponents of this
measure believe that AB 2160 takes issues currently discussed in the public forum of school
board meetings, and places them behind closed doors as part of the collective bargaining
process.
FISCAL IMPACT: No direct fiscal impact. The recommendation to oppose is based on the precedent being set
to expand the role of the collective bargaining process beyond that of the terms and
conditions of employment.
DATE TO COUNCIL RECOMMENDATION LETTERS
May 14, 2002 OPPOSE YES
c:\-.\2002\ANALYSES~ab2160,aha
AMENDED 1N ASSEMBLY MAY 1, 2002
AMENDED IN ASSEMBLY APRIL 11, 2002
CALIFORNIA LEGISLATURE--2001 02 REGULAR SESSION
ASSEMBLY BILL No. 2160
Introduced by Assembly Members Goldberg, Wesson, and
Strom-Martin
(Coauthors: Assembly Members Calderon, Firebaugh,
Washington, and Wiggins)
February 20, 2002
An act to amend Sections 51101, 52054, and 52055.650 of, and to
add Section 44050 to, the Education Code, and to amend Section 3543.2
of the Government Code, relating to public school employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2160, as amended, Goldberg. Public school employees: scope
of representation.
(1) Existing law provides that public school employees have the
right to form, join, and participate in the activities of employee
organizations for the purpose of representation on all matters of
employer-employee relations. Existing law provides that the scope of
representation shall be limited to matters relating to wages, hours of
employment, and other terms and conditions of employment, as
defined. Existing law also provides that the exclusive representative of
certificated personnel has the right to consult on the definition of
educational objectives, the determination of the content of courses and
curriculum, and the selection of textbooks, as provided.
97
AB 2160 -- 2--
Tb~s bill would provide that the scope of representation for the
exclusive representative of certificated personnel employed by (a) a
school district, (b) a county superintendent of schools, or (c) a charter
school that has declared itself to be a public school employer, shall
include additional matters, including, among other things, the selection
of an external evaluator under the Immediate
Intervention/Underperforming Schools Program and, the selection of
a school assistance and intervention team under the High Priority
Schools Grant Program for Low Performing Schools ......... wc, uld
t~y, and the selection of textbooks and instructional materials.
The bill wouM provide, upon demand by the exclusive representative
of those certificated employees to address those additional issues, that
the governing board either implement an academic partnership to
establish a decisionmaking process to govern those issues, as
prescribed, or expand the scope of collective bargaining to include
those issues. By requiring specified public school employers to
negotiate additional matters, the bill would impose a state-mandated
local program.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Comnfission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares as
2 follows:
3 (1) To improve pupil achievement, teachers should be
4 responsible for addressing the professional issues that directly and
5 indirectly impact the conditions of teaching and learning. It is
97
-- 3 -- AB 2160
1 teachers who are charged with improving pupil performance and,
2 therefore, teachers should develop the tools and methods to br~g
3 about that improvement.
4 (2) In the education arena, the traditional scope of
5 representation for public school employees does not adequately
6 address the professional interests and responsibilities of teachers,
7 thereby denying schools and teachers a basic instrument to
8 improve public education.
9 (3) A broader scope of representation for public school
10 employees will fi~lly engage teachers in improving the conditions
11 of teaching and learning. Teachers are our state's most valuable
12 resource for generating plans and ideas, gathering information,
13 and making decisions about programs to enhance pupil academic
14 performance. Teachers are also a necessary resource for
15 determining professional training and development, planning
16 curriculum, and developing methods of evaluating student
17 learning, for encouraging parental involvement in education,
18 setting the academic climate of the school, and for making
19 determinations regarding other professional issues.
20 (b) It is, therefore, the intent of the Legislature that the scope
21 of representation for representatives of certificated public school
22 employees in elementary or secondary schools, or in county
23 offices of education, be expanded to include professional issues to
24 the extent that those matters are within the discretion of the public
25 school employer.
26 SEC. 2. Section 44050 is added to the Education Code, to
27 read:
28 44050. (a) Upon demand by the exclusive representative of
29 certificated employees to a&lress the issues listed in subparagraph
30 (B) of paragraph (2) of subdivision (a) of Section 3543.2 of the
31 Government Code, the governing board ora school district, county
32 office of education, or charter school that operates a school that
33 teaches kindergarten or any of grades ! to 12, inclusive, shah do
34 one of the following:
35 (1) Implement an academic partnership for the purpose of
36 establishing a decisionmaking process to govern the issues listed
37 in subparagraph (B) of paragraph (2) of subdivision (a) of Section
38 3543.2 of the Government Code.
39 (A) The academic partnership shall be comprised of an equal
40 number of members appointed by the governing board and
97
AB 2160 -- 4 --
I appointed by the exclusive representative, In addition, each side
2 shall select an equal number of parents to participate in the
3 academicpartnership. The number of members on the academic
4 partnership shah be jointly determined by the exclusive
5 representative and the governing board.
6 (B) The academic partnership shall consider only the issues
7 listed in subparagraph (B) of paragraph (2) of subdivision (a) of
8 Section 3543.2. The academic partnership may not amend existing
9 collective bargaining agreements.
10 (C) All decisions of the academic partnership shall be made by
11 consensus and shah be put in writing.
12 (D) The academic partnership shall determine its operational
13 rules and procedures.
14 (E) If the academic partnership fads to reach agreement
15 regarding a particular issue within three months, then the
16 exclusive representative or the governing board may demand to
17 meet and negotiate pursuant to Chapter 10. 7 (commencing with
18 Section 3540) of Division 4 of Title 1 of the Government Code.
19 Once a demand is made, the governing board and the exclusive
20 representative shall meet and negotiate in good faith.
21 (F) Certificated employees designated by the exclusive
22 representative to participate in the academic partnership or
23 decisionmaking bodies formed by the partnership shall be
24 compensated at their usual daily or hourly rate of pay based on
25 their annual salary.
26 (G) This paragraph may be funded by money allocated
27 pursuant to the professional development block grant, if
28 established, or by money allocated pursuant to Article 7.5
29 (commencing with Section 44579) of Chapter 3 or Section 63050,
30 or may be counted as part of existing direct and indirect costs of
31 any categorical program or other district program that relates to
32 the issues being bargained. Funding from these sources may also
33 be used to train the academic partnership in consensus building.
34 (2) Expand the scope of collective bargaining to include all of
35 the issues listed in subparagraph (B) of paragraph (2) of
36 subdivision (a) of Section 3543.2 of the Government Code.
37 (b) All issues that the governing board and the exclusive
38 representative negotiate pursuant to subparagraph (E) of
39 paragraph (1) of, or pursuant to paragraph (2) of, subdivision (a)
40 shall be bargained at a public meeting. The public bargaining
97
-- 5-- AB 2160
1 session shall be limited to those issues listed in subparagraph (B)
2 of paragraph (2) of subdivision (a) of Section 3543.2. Any
3 agreementreachedduringthepublicbargainingsessionshallbe
4 included in the existing contract and may not be modified, except
5 at anotherpublic bargaining session.
6 SEC 3. Section 51101 of the Education Code is amended to
7 read:
8 51101. (a) Except as provided in subdivision (d), the parents
9 and guardians of pupils enrolled in public schools have the fight
10 and should have the opportunity, as mutually supportive and
11 respectful partners in the education of their children within the
12 public schools, to be informed by the school, and to participate in
13 the education of their children, as follows:
14 (1) Within a reasonable period of time following making the
15 request, to observe the classroom or classrooms in which their
16 child is enrolled or for the purpose of selecting the school in which
17 their child will be enrolled in accordance with the requirements of
18 any intradistrict or interdistrict pupil attendance policies or
19 programs.
20 (2) Within a reasonable time of their request, to meet with their
21 child's teacher or teachers and the principal of the school in which
22 their child is enrolled.
23 (3) To volunteer their time and resources for the improvement
24 of school facilities and school programs under the supervision of
25 district employees, including, but not limited to, providing
26 assistance in the classroom with the approval, and under the direct
27 supervision, of the teacher. Although volunteer parents may assist
28 with instruction, primary instructional responsibility shall remain
29 with the teacher.
30 (4) To be notified on a timely basis if their child is absent from
31 school without permission.
32 (5) To receive the results of their child's performance on
33 standardized tests and statewide tests and information on the
34 performance of the school that their child attends on standardized
35 statewide tests.
36 (6) To request a particular school for their child, and to receive
37 a response from the school district. This paragraph does not
38 obligate the school district to grant the parent's request.
39 (7) To have a school environment for their child that is safe and
40 supportive of learning.
97
AB 2160 -- 6--
1 (8) To exaxnine the curriculum materials of the class or classes
2 ~n which their child is eurolled.
3 (9) To be informed of their child's progress in school and of the
4 appropriate school personael whom they should contact if
5 problems arise with their child.
6 (10) To have access to the school records o£their child.
7 (11) To receive in£ormation concerning the academic
8 performance standards, proficiencies, or skills their child is
9 expected to accomplish.
10 (12) To be ~formed in advance about school rules, attendance
11 policies, dress codes, and procedures for visiting the school.
12 (13) To receive information about any psychological testing
13 the school does involving their child and to deny permission to
14 give the test.
15 (14) To participate as a member of a parent advisory
16 committee, schoolsite council, site-based management leadership
17 team, or any committee established pursuant to negotiations
18 authorized by paragraph (2) of subdivision (a) of Section 3543.2
19 of the Government Code for the purpose of selecting textbooks and
20 instructional materials or the development and implementation of
21 educational objectives, content of courses, and curriculum, in
22 accordance with any rules and regulations governing membership
23 in these organizations. In order to facilitate parental participation,
24 schoolsite councils are encouraged to schedule a biannual open
25 forum £or the purpose o£ informing parents about current school
26 issues and activities and answering parents' questions. The
27 meetings should be scheduled on weekends, and prior notice
28 should be provided to parents.
29 (15) To question anything in their child's record that the parent
30 feels is inaccurate or misleading or is an invasion of privacy and
31 to receive a response from the school.
32 (b) In addition to the rights described in subdivision (a), parents
33 and guardians of pupils shall have the oppommity to work together
34 in a mutually supportive and respectful partnership with schools,
35 and to help their children succeed in school. Each goveming board
36 of a school district shall develop jointly with parents and
37 guardians, and shall adopt, a policy that outlines how parents or
38 guardians of pupils, school staff, and pupils may share the
39 responsibility for continuing the intellectual, physical, emotional,
40 and social development and well-being of pupils at each
97
7 ~ 2160
schoolsite. The policy shall include, but is not necessarily limited
2 to, the following:
3 (1) The means by which the school and parents or guardians of
4 pupils may help pupils to achieve academic and other standards of
5 the school.
6 (2) A description of the school's responsibility to provide a
7 high quality curriculum and instructional program in a supportive
8 and effective learning environment that enables all pupils to meet
9 the academic expectations of the school.
10 (3) The manner in which the parents and guardians of pupils
11 may support the learning environment of their children, including,
12 but not limited to, the following:
13 (A) Monitoring attendance of their children.
14 (B) Ensuring that homework is completed and turned in on a
15 timely basis.
16 (C) Participation of the children in extracurricular activities.
17 (D) Monitoring and regulating the television viewed by their
18 children.
19 (E) Working with their children at home in learning activities
20 that extend learning in the classroom.
21 (F) Volunteering in their children's classrooms, or for other
22 activities at the school.
23 (G) Participating, as appropriate, in decisions relating to the
24 education of their own child or the total school program.
25 (c) All schools that participate in the High Priority Schools
26 Grant Program for Low Performing Schools established pursuant
27 to Article 3.5 (commencing with Section 52055.600) of Chapter
28 6.1 of Part 28 and that maintain kindergarten or any of grades 1 to
29 5, inclusive, shall jointly develop with parents or guardians for all
30 children enrolled at that schoolsite, a school-parent compact
31 pursuant to Section 6319 of Title 20 of the Un/ted States Code.
32 (d) This section may not be construed so as to authorize a
33 school to inform a parent or guardian, as provided in this section,
34 or to permit participation by a parent or guardian in the education
35 of a child, if it conflicts with a valid restraining order, protective
36 order, or order for custody or visitation issued by a court of
37 competent jurisdiction.
38 ~EC. 3.
39 SEC. 4. Section 52054 of the Education Code is amended to
40 read:
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1 52054. (a) By November 15 of the year that the school is
2 selected to participate, the governing board of a school district
3 having jurisdiction over a school selected for participation in the
4 program shall contract with an external evaluator from the list of
5 external evaluators and shall appoint a broad-based schoolsite and
6 community team, consisting of a majority of nonschoolsite
7 personnel, unless a procedure for selecting the external evaluator
8 and appointing the schoolsite and community team has been
9 agreed to with the exclusive representative, if any, of certificated
10 employees pursuant to paragraph (2) of subdivision (a) of Section
11 3543.2 of the Government Code, in which case that procedure
12 shall be followed. Nothing in the negotiated procedure shall
13 conflict with the substantive requirements of this section for the
14 composition of the schoolsite and community teams or the
15 qualifications of the external evaluator. In a school that has a
16 limited-English-proficient pupil population that constitutes at
17 least 40 percent of the total pupil population, an external evaluator
18 shall have demonstrated experience in working with a
19 limited-English-proficient pupil population. Not less than 20
20 percent of the members of the team shall be parents or legal
21 guardians of pupils in the school.
22 (b) The selected external evaluator shall solicit input from the
23 parents and legal guardians of the pupils of the school. At a
24 minimum, the evaluator shall do all of the following:
25 (1) Inform the parents and legal guardians, in writing, that the
26 school has been selected to participate in the Immediate
27 Intervention/Underperforming Schools Program due to its below
28 average performance.
29 (2) Hold a public meeting at the school, in cooperation with the
30 principal, to which all parents and legal guardians of pupils in the
31 school receive a written invitation. The invitation to the meeting
32 may be combined with the written notice required by paragraph
33 (1).
34 (3) Solicit, at the public meeting, the recommendations and
35 opinions of the participating parents and legal guardians of pupils
36 in the school regarding actions that should be taken to improve the
37 performance of the school. These opinions and recomanendations
38 shall be considered by the external evaluator and the community
39 team in the development of the action plan pursuant to this section.
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(4) Notify all parents and legal guardians of pupils in the school
2 of their opportunity to provide written recommendations of
3 actions that should be taken to improve the performance of the
4 school which shall be considered by the external evaluator and the
5 community team in the development of the action plan pursuant
6 to this section. Notice required by this subdivision may be
7 combined with the written notice required by paragraph (1).
8 (c) By February 15 of the school year in which the school is
9 selected to participate, the selected external evaluator, in
10 collaboration with the broad-based schoolsite and community
11 team selected pursuant to subdivision (a), shall complete a review
12 o£ the school that identifies weaknesses that contribute to the
13 school's below average performance, make recommendations for
14 improvement, and begin to develop an action plan to improve the
15 academic performance of the pupils enrolled at the school. The
16 action plan shall include percentage growth targets at least as high
17 as the annual growth targets adopted by the State Board of
18 Education pursuant to Section 52052. The action plan shall include
19 an expenditure plan and shall be ora scope that does not require
20 expenditure of fimds in excess of those provided pursuant to th/s
21 article or otherwise available to the school. The action plan may
22 not be ora scope that requires reimbursement by the Commission
23 on State Mandates for its implementation.
24 (d) At a minimum, the action plan shall do all of the following:
25 (1) Review and include the school and district conditions
26 identified in the school accountability report card pursuant to
27 Section 33126.
28 (2) Identify the current barriers at the school and district toward
29 improvements in pupil achievement.
30 (3) Identify schoolwide and distfictwide strategies to remove
31 these barriers.
32 (4) Review and include school and school district crime
33 statistics, in accordance with Section 628.5 of the Penal Code.
34 (5) Examine and consider disaggregated data regarding pupil
35 achievement and other indicators to consider whether all groups
36 and types of pupils make adequate progress toward short-term
37 growth targets and long-term performance goals. The
38 disaggregated data to be included and considered by the plan shall,
39 at a minimum, provide information regarding the achievement of
40 English language learners, pupils with exceptional needs, pupils
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AB 2160 -- 10--
1 who qualify for free and reduced price meals, and pupils in
2 numerically significant subgroups.
3 (6) Set short-term academic objectives pursuant to Section
4 52052 for a two-year period that will allow the school to make
5 adequate progress toward the growth targets established for each
6 participating school for pupil achievement as measured by all of
7 the following to the extent that the data is available for the school:
8 (A) The achievement test administered pursuant to Section
9 60640.
10 (B) Graduation rates for grades 7 to 12, inclusive.
11 (C) Attendance rates for pupils and school personnel for
12 elementary, middle, and secondary schools.
13 (D) Any other indicators approved by the State Board of
14 Education.
15 (e) The school action plan shall focus on improving pupil
16 academic performance, improving the involvement of parents and
17 guardians, improving the effective and ef~cient allocation of
18 resources and management of the school, and identifying and
19 developing solutions that take into account the underlying causes
20 for low performance by pupils.
21 (f) The team, in the development of the action plan, shall
22 consult with the exclusive representatives of employee
23 organizations, where they exist.
24 (g) The school action plan may propose to increase the number
25 of instructional days offered at the schoolsite and also may propose
26 to increase up to a full 12 months the amount o£time for which
27 certificated employees are contracted, if all of the £ollowing
28 conditions are met:
29 (1) Provisions of the plan proposed pursuant to this subdivision
30 shall not violate current applicable collective bargaining
31 agreements.
32 (2) An agreement is reached with the exclusive representative
33 concerning sta~ing specifically to accommodate the extended
34 school year or 12-month contract.
35 (h) The team, in the development of the action plan, shall
36 consult with the exclusive representatives of employee
37 organizations, where they exist.
38 (i) Upon its completion, the action plan shall be submitted to
39 the governing board of the school districts for its approval. After
40 the plan is approved, but no later than May 15 of the year that
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I follows the year the school is selected to participate, the plan shall
2 be submitted to the Superintendent of Public Instruction with a
3 request for funding in the form prescribed by the Superintendent
4 of Public Instruction, who shall review the school action plan and
5 recommend approval or disapproval of the school's request for
6 funding to the State Board of Education.
7 (j) Not later than July 15 of the year next following the year in
8 which a school is selected for participation, the State Board of
9 Education shall review and approve or disapprove the school's
10 request for funding, based on the recommendation of the
11 Superintendent of Public Instruction. Within 30 days of the State
12 Board of Education's review, the Superintendent of Public
13 Instruction shall notify the effected school districts of the state of
14 the board's action regarding the request for funding. In
15 conjunction with its approval of a request for funding to
16 implement a school's action plan, the State Board of Education
17 may, at the request of the governing board of the school district or
18 the county board of education for a school under its jurisdiction,
19 waive all or any part of any provision of this code, or any
20 regulation adopted by the State Board of Education, controlling
21 any of the programs listed in clause (i) of subparagraph (B) of
22 paragraph (1) of subdivision (a) of Section 54761 and Section
23 64000 if the waiver does not result in a decrease in the instructional
24 time otherwise required by law or regulation or an increase in state
25 costs and is determined to be consistent with subdivision (a) of
26 Section 46300.
27 ~
28 SEC. 5. Section 52055.650 of the Education Code is amended
29 to read:
30 52055.650. (a) Section 52055.5 does not apply to a school
31 participating in the High Priority School Grant Program.
32 (b) Twenty-four months after receipt of funding for
33 implementation of the action plan pursuant to Sections 52054.5
34 and 52055.600 or no sooner than July 1, 2004, a school that has not
35 met its growth targets each year shall be subject to review by the
36 State Board of Education. This review shall include an
37 examination of the school's progress relative to the components
38 and reports made pursuant to Section 52055.640. The
39 Superintendent of Public Instruction, with the approval of the
40 State Board of Education, may direct that the governing board of
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AB 2160 -- 12--
1 a school take appropriate action and adopt appropriate strategies
2 to provide corrective assistance to the school in order to achieve
3 the components and benchmarks established in the school's action
4 plan.
5 (c) Thirty-six months after receipt of funding to implement a
6 school action plan or no soouer than July 1, 2005, a school that has
7 met or exceeded its growth target each year shall receive a
8 monetary or nonmonetary award, under the Governor's
9 Performance Award Program, as set forth in Section 52057. Funds
10 received pursuant to that section may be used at the school's
11 discretion.
12 (d) Thirty-six months after receipt of funding to implement a
13 school action plan or no sooner than July 1, 2005, a school that has
14 not met its growth targets each year, but demonstrates significant
15 growth, as determined by the State Board of Education, shall
16 continue to participate in the program and receive funding as
17 specified in Sections 52054.5 and 52055.600.
18 (e) Notwithstanding any other provision of law, the
19 Superintendent of Public Instruction, with the approval of the
20 State Board of Education, shall follow the course of action
21 prescribed by paragraph (1) or (2) with respect to a school that does
22 not meet its growth targets within the periods described in either
23 subdivision (c) or (d), as applicable, or no later than July 1, 2005,
24 and has failed to show significant growth, as determined by the
25 State Board of Education.
26 (1) Require the district to enter into a contract with a school
27 assistance and intervention team. If a procedure for selecting a
28 school assistance and intervention team has been agreed to with the
29 exclusive representative, if any, of certificated employees
30 pursuant to paragraph (2) of subdivision (a) of Section 3543.2 of
31 the Government Code, that procedure shall be followed. Nothing
32 in the negotiated selection procedure shall conflict with the
33 substantive requirements of this section for the qualifications of
34 the team members.
35 (A) Team members should possess a high degree of knowledge
36 and skills in the areas of school leadership, curriculum, and
37 instruction aligned to state academic content and performance
38 standards, classroom management and discipline, academic
39 assessment, parent-school relations, and evaluation and
40 research-based reform strategies and have proven successful
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-- 13 -- AB 2160
expertise specific to the chalIenges inherent in low-performing
2 schools.
3 (B) The team shall provide intensive support and expertise to
4 implement the school reform initiatives in the plan. Decisions
5 about interventions shall be data driven. A school assistance and
6 intervention team shall work with school staff, site planning teams,
7 administrators, and district staff to improve pupil literacy and
8 achievement by assessing the degree of implementation of the
9 current action plan, refining and revising the action plan, and
10 making recommendations to maximize the use of fiscal resources
11 and persormel in achieving the goals of the plan. The district shall
12 provide support and assistance to enhance the work of the team at
13 the targeted schoolsites.
14 (C) Not later than 60 days aRer the school's APl becomes
15 public, the team must have completed an initial report. The report
16 shall include recommendations for corrective actions chosen from
17 a range of interventions, including the reallocation of district fiscal
18 resources to ensure that appropriate resources are targeted to those
19 specific interventions identified in the recommendations of the
20 team for the targeted schools and other changes deemed
21 appropriate to make progress toward meeting the school's growth
22 target. Not later than 90 days after the APl is made public, the
23 governing board of the school district shall adopt the team's
24 recommendations at a regularly scheduled meeting of the
25 governing board. The governing board may not place the adoption
26 on the consent calendar. The report shall be submitted to the
27 Superintendent of Public Instruction and State Board of
28 Education.
29 (D) No less than three times during the year, the school district
30 and schoolsite shall present the team with data regarding progress
31 toward the goals established by the team's initial assessment. The
32 data shall be presented to the governing board of the school district
33 at a regularly scheduled meeting. The team shall, to the extent
34 possible, utilize existing site data. The data shall also be provided
35 to the Superintendent of Public Instruction and State Board of
36 Education. Every effort shall be made to report this data in a
37 manner that minimizes the length and complexity of the reporting
38 requirement in order to maximize the focus on improving pupil
39 literacy and achievement.
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AB 2160 -- 14--
(E) An action taken pursuant to this paragraph shall not
2 increase local costs or require reimbursement by the Commission
3 on State Mandates.
4 (2) The Superintendent o£Public Instruction shall assume all
5 the legal rights, duties, and powers of the governing board with
6 respect to the school. The Superintendent of Public Instruction, in
7 consultation with the State Board of Education and the governing
8 board of the school district, shall reassign the principal of that
9 school subject to the findings in subdivision (i). In addition to
10 reassigning the principal, the Superintendent of Public Instruction,
11 in consultation with the State Board of Education, shall,
12 notwithstanding any other law, do at least one of the following:
13 (A) Revise attendance options for pupils to allow them to
14 attend any public school in which space is available. If additional
15 attendance options are made available, nothing in this option shall
16 be construed to require either the sending or receiving school
17 district to incur additional transportation costs.
18 (B) Allow parents or guardians to apply directly to the State
19 Board of Education for the establishment of a charter school and
20 allow parents or guardians to establish the charter school at the
21 existing schoolsite.
22 (C) Under the supervision of the Superintendent of Public
23 Instruction, assign the management of the school to a college,
24 university, county office of education, or other appropriate
25 educational institution. However, the Superintendent of Public
26 Instruction may not assume the management of the school.
27 (D) Reassign other certificated employees of the school.
28 (E) Renegotiate a new collective bargaining agreement at the
29 expiration of the existing collective bargaining agreement.
30 (F) Reorganize the school.
31 (G) Close the school.
32 (f) In addition to the actions listed in subdivision (e), the
33 Superintendent of Public Instmction, in consultation with the State
34 Board of Education, may take any other action considered
35 necessary or desirable against the school district or the school
36 district governing board, including appointment of a new
37 superintendent or suspension of the authority of the governing
38 board with respect to a school that does not meet its growth targets
39 within the periods described in either subdivision (b) or (c), as
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1 applicable, and has failed to show significant growth, as
2 determined by the State Board of Education.
3 (g) Before the Superintendent of Public Instruction may take
4 any action against a principal pursuant to subdivision (e), the
5 Superintendent of Public Instruction or a designee of the
6 superintendent shall hold a public hearing on the matter in the
7 school district and make both of the following fardings:
8 (1) A finding that the principal had the authority to take specific
9 enumerated actions that would have helped the school meet its
10 performance goals.
11 (2) A finding that the principal failed to take specific
12 enumerated actions pursuant to paragraph (1).
13 (h) An action taken pursuant to subdivision (e), (f), or (g) shall
14 not increase local costs or require reimbursement by the
15 Commission on State Mandates.
16 (i) An action taken pursuant to subdivision (e), (f), or (g) shall
17 be accompanied by specific findings by the Superintendent of
18 Public Instruction and the State Board of Education that the action
19 is directly related to the identified causes for continued failure by
20 a school to meet its performance goals.
21 °~' 5.
22 SEC. 6. Section 3543.2 of the Government Code is amended
23 to read:
24 3543.2. (a) (1) This paragraph applies to the scope of
25 representation for public school employees, except for certificated
26 employees employed by (1) a school district, (2) a county
27 superintendent of schools, or (3) a charter school that has declared
28 itself to be a public school employer pursuant to subdivision (b) of
29 Section 47611.5. The scope of representation shall be limited to
30 matters relating to wages, hours of employment, and other terms
31 and conditions of employment. "Terms and conditions of
32 employment" mean health and welfare benefits as def'med by
33 Section 53200, leave, transfer and reassignment policies, safety
34 conditions of employment, class size, procedures to be used for the
35 evaluation of employees, organizational security pursuant to
36 Section 3546, procedures for processing grievances pursuant to
37 Sections 3548.5, 3548.6, 3548.7, and 3548.8, the layoff of
38 probationary certificated school district employees, pursuant to
39 Section 44959.5 of the Education Code, and alternative
40 compensation or benefits for employees adversely affected by
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AB 2160 -- 16--
pension limitations pursuant to Section 22316 of the Education
2 Code, to the extent deemed reasonable and without violating the
3 intent and purposes of Section 415 of the Intemal Revenue Code.
4 In addition, the exchisive representative of certificated personnel
5 has the right to consult on the definition of educational objectives,
6 the determination of the content of courses and curriculum, and the
7 selection of textbooks to the extent those matters are within the
8 discretion of the public school employer under the law. All matters
9 not specifically enumerated are reserved to the public school
10 employer and may not be a subject of meeting and negotiating,
11 provided that nothing herein may be construed to limit the right of
12 the public school employer to consult with any employees or
13 employee organization on any matter outside the scope of
14 representation.
15 (2) (A) This paragraph applies to the scope of representation
16 for certificated employees employed by (1) a school district, (2)
17 a county superintendent of schools, or (3) a charter school that has
18 declared itself to be a public school employer pursuant to
19 subdivision (b) of Section 47611.5. The scope of representation
20 shall be limited to matters relating to wages, hours of employment,
21 and other terms and conditions of employment. "Terms and
22 conditions of employment" mean health and welfare benefits as
23 defined by Section 53200, leave, transfer and reassignment
24 policies, safety conditions of employment, class size, procedures
25 to be used for the evaluation of employees, organizational security
26 pursuant to Section 3546, procedures for processing grievances
27 pursuant to Sections 3548.5, 3548.6, 3548.7, and 3548.8, the
28 layoff of probationary certificated school district employees,
29 pursuant to Section 44959.5 of the Education Code, and
30 alternative compensation or benefits for employees adversely
31 affected by pension limitations pursuant to Section 22316 of the
32 Education Code, to the extent deemed reasonable and without
33 violating the intent and purposes of Section 415 of the Internal
34 Revenue Code.
35 (B) In addition to the matters described in subparagraph (A),
36 the scope of representation for the exclusive representative of
37 certificated personnel shall, to the extent these matters are within
38 the discretion of the public school employer nnder the law, include
39 the process or processes for making decisions regarding all of the
40 following:
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-- 17-- AB 2160
(i) The utilization and assignment of teacher mentors.
2 (ii) The selection of an external evaluator or other entity as
3 provided by subdivision (a) of Section 52054 of the Education
4 Code.
5 (iii) The selection of a school assistance and intervention team
6 as provided by paragraph (1) of subdivision (e) of Section
7 52055.650 of the Education Code.
8 (iv) The development and implementation of any program
9 designed to enhance pupil academic performance.
10 (v) The development and implementation of the content and
11 delivery of professional training and development for certificated
12 employees.
13 (vi) The selection of textbooks and instructional materials.
14 (vii) The development and implementation of local
15 educational standards.
16 (viii) The development and implementation of the definition of
17 educational objectives, content of courses, and curriculum.
18 (ix) The participation of certificated employees on school site
19 councils and any other advisory or representative body established
20 in the school district.
21 (x) The development and implementation of any program to
22 encourage parental involvement in student education.
23 (C) In addition to the matters described in this paragraph, the
24 exclusive representative of certificated personnel has the right to
25 consult on other matters not within the scope of representation to
26 the extent those matters are within the discretion of the public
27 school employer under the law. All matters not specifically
28 enumerated are reserved to the public school employer and may
29 not be a subject of meeting and negotiating, provided that nothing
30 herein may be construed to limit the right of the public school
31 employer to consult with any employees or employee organization
32 on any matter outside the scope of representation.
33 (b) Notwithstanding Section 44944 of the Education Code, the
34 public school employer and the exclusive representative shall,
35 upon request of either party, meet and negotiate regarding causes
36 and procedures for disciplinary action, other than dismissal,
37 including a suspension of pay for up to 15 days, affecting
38 certificated employees. If the public school employer and the
39 exclusive representative do not reach mutual agreement, then the
40 provisions of Section 44944 of the Education Code shall apply.
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AB 2160 -- 18 --
(c) Notwithstanding Section 44955 of the Education Code, the
2 public school employer and the exclusive representative shall,
3 upon request of either party, meet and negotiate regarding
4 procedures and criteria for the layoff of certificated employees for
5 lack of funds. If the public school employer and the exclusive
6 representative do not reach mutual agreement, then the provisions
7 of Section 44955 of the Education Code shall apply.
8 (d) Notwithstanding Section 45028 of the Education Code, the
9 public school employer and the exclusive representative shall,
10 upon request of either party, meet and negotiate regarding the
11 payment of additional compensation based upon criteria other than
12 years of training and years of experience. If the public school
13 employer and the exclusive representative do not reach mutual
14 agreement, then the provisions of Section 45028 of the Education
15 Code shall apply.
16 (e) Pursuant to Section 45028 of the Education Code, the
17 public school employer and the exclusive representative shall,
18 upon the request of either party, meet and negotiate a salary
19 schedule based on criteria other than a uniform allowance for years
20 of training and years of experience. If the public school employer
21 and the exclusive representative do not reach mutual agreement,
22 then the provisions of Section 45028 of the Education Code
23 requiring a salary schedule based upon a uniform allowance for
24 years of training and years of experience shall apply. A salary
25 schedule established pursuant to this subdivision shall not result in
26 the reduction of the salary of any teacher.
27
28 SEC. 7. Notwithstanding Section 17610 of the Govemment
29 Code, if the Commission on State Mandates determines that this
30 act contains costs mandated by the state, reimbursement to local
31 agencies and school districts for those costs shall be made pursuant
32 to Part 7 (commencing with Section 17500) of Division 4 of Title
33 2 of the Government Code. If the statewide cost of the claim for
34 reimbursement does not exceed one million dollars ($1,000,000),
35 reimbursement shall be made from the State Mandates Claims
36 Fund.
O
97
State Analysis of AB 2160 (Goldberg) - As Amended: April 11, 2002
SUBJECT: Public school employees: scope of representation.
SUMMARY: Expands the scope of representation for certificated school employees to include
issues beyond wages, hours of employment, and other terms and conditions of employment.
Specifically, this bill:
1. Expands the scope of representation for certificated school employees to include the
process or processes for making decisions regarding all of the following:
a) Thc utilization and assignment of mentors.
b) The selection of an external evaluator under the Immediate Intervention/
Underperforming Schools Program.
c) The selection of a school assistance and intervention team under the High Priority
Schools Grant Program for low Performing Schools
d) The development and implementation of programs to emhance pupil academic
performance.
e) The development and implementation of the content and delivery o£ professional
training and development for certificated employees.
f) The selection of textbooks and materials.
g) The development and implementation of local educational standards.
h) The development and implementation of the definition of educational objectives,
content of courses, and curriculum.
i) The participation of certificated employees on school site councils and other
advisory or representative bodies.
j) The development and implementation of programs to encourage parental
involvement in student education.
2. Allows parents a guardians of pupils enrolled in public schools to participate in any
committee established through the negotiations authorized by this bill for the purpose
of selecting text books and instructional materials or the development and
implementation of educational objectives, content courses, and curriculum.
1
EXISTING LAW provides that public school employees have the right to form, join, and
participate in the activities of employee organizations for the purpose of representation on
all matters of employer-employee relations. Provides that the scope of representation must be
limited to matters relating to wages, hours of employment, and other terms and conditions
of employment, as defined. Provides that the exclusive representative of certificated personnel
has the right to consult on the definition of educational objectives, the determination of the
content of courses and curriculum, and the selection of textbooks, as provided.
FISCAL EFFECT:
Unknown. Creates a state-mandated local program.
COMMENTS:
Should those who are held accountable for producing educational results be able to control the
decisions on academic programs?
Opponents of the bill suggest that under the Public Schools Accountability Act (PSAA), school
administrators and governing boards, not teachers are held accountable for meeting
academic performance goals. Failure to meet the goals outlined in the PSAA can result in
sanctions being levied against school districts and administrators. They contend that AB 2160
shifts authority over academic issues to teacher unions without shifting accountability.
Proponents of the bill assert that this legislation only gives the teachers the right to negotiate the
procedures for specified programs and does not empower teachers to become ultimate decision-
makers.
Can teachers be involved in the decision process without having to do it through collective
bargaining ?
Opponents of this measure argue that meaningful teacher participation can occur without in
having to be done through collective bargaining. They suggest, for example, that perhaps school
boards should create and empower a local committee consisting of equal numbers of teachers
and administrators to choose new textbooks from options provided by the state. Proponents,
however, disagree and say that such alternatives are often "window dressing" and do not work.
Does the bargaining of "process" determine the outcome of the decision?
Opponents of this measure argue that the process will in fact determine the outcome. Thus if
process means how many teachers will be on panel to decide textbooks, instructional materials,
parent programs, teacher training, local academic programs, local educational standards and
other such matters then bargaining for a majority of teachers on each panel will in effect give
control of decisions to teachers. Proponents, however, disagree and say that the agreements must
be ratified in a public forum so the agreement can be changed.
Will parents be excluded from the decision process?
Parents typically live in the community where their children attend school. They can be involved
in the schools in many ways and especially in electing school board members they feel will
make decisions that are right for their children. Opponents of the measure argue that unlike
school board meetings where testimony from parents and the community is encouraged,
collective bargaining sessions are held "behind closed doors," shielded from public input or
scrutiny. Proponents, however, disagree and say that the recent amendment to the bill provides
2
for such involvement by allowing parents of pupils enrolled in public schools to participate in
any committee established through the
negotiations authorized by this bill.
Is bargaining actually done by "classroom teachers?"
Opponents of this measure argue that collective bargaining in most large districts is conducted by
hired professionals on both sides of the table and that the real issues involve wages.
Proponents, however, disagree and say this is a necessary change in order to involve teachers
more in the decision-making process. Additional concern has also been expressed over the
increase in the amount of release time that will be necessary if the collective bargaining scope is
expanded and in fact current classroom teachers are included in the collective
bargaining process.
Collective bargaining for teachers with the right to strike.
California teachers are currently empowered with the right to strike. If negotiations over hours
of employment, wages, or conditions of employment reach a point of stalemate, these teachers
can strike and refuse to return to their classrooms until the negotiations conclude. Opponents of
the bill ask if this is how we want textbooks for our students chosen or programs to enhance
pupil academic performance developed? They contend that collective bargaining, by its nature,
is a process to improve the working conditions of those represented. In this case the teachers.
They say that it was never intended as a tool to improve education for the students. Conversely,
proponents of the bill argue that this bill will not lead to never-ending conflicts. AB 2160 only
gives teachers the right to negotiate the procedures for specified programs. Additionally,
teachers should have more of a voice in deciding what is best for their students.
Arguments in support.
According to the American Federation of Teachers, "AB 2160 is a natural step in the progression
of increasing the role of educators in improving student performance. Improvement of student
performance requires all parties to bring their expertise to the table in selecting education
materials and deciding how those materials can be used in the classroom. Local school trustees
have control over those decisions now with very little input from interested groups. The
Federation sees AB 2160 as leading to enhanced cooperation between educators and
administrators, not as another means to leverage district decision-making."
Arguments in opposition.
The California School Boards Association contends, "AB 2160 would erode the integrity of
the collective bargaining process by stretching the parameters of the process beyond their
intended scope. The bill states 'the traditional scope of representation for public school
employees does not adequately address the professional interests and responsibilities of
teachers.' We agree. However, whereas CTA would expand the scope of collective bargaining
to include all professional matters, CSBA strongly believes that the collective bargaining process
is an appropriate forum for deciding professional issues. There is no precedent in either this
or any other state for the expanded scope of collective bargaining contemplated by the bill. By
design, collective bargaining is an adversarial process, by which teachers represent their
own self-interests. It is also a process of give and take, where "demands" are traded off against
one another until a settlement is reached. Now CTA is asking for the right to represent not only
3
their own interests, but also the interests of students, parents, and others in the education
community at the bargaining table, behind closed doors. What would happen, in this
adversarial, give and take process, when teachers' interests come into conflict with students'
interests, as they are sure to do? What kinds of trade-offs would occur? It is only natural that
teachers would give their own interests priority, since it is the very purpose of collective
bargaining."
The Association of California School Administrators (ACSA) states, "Assembly Bill 2160 would
require virtually all existing educational efforts to be subject to collective bargaining. This bill
will undermine the ability of education policy makers, including but not limited to the Governor,
Legislature and locally elected school boards to implement school improvement activities.
ACSA has identified three particularly harmful areas that AB 2160 would impact: Disempowers
parents and the local community; Increases administrative costs; Undermines accountability.
ACSA recognizes that the teachers union has an important role to protect their members in
working conditions. The union has a responsibility to its employees to work on their behalf.
However, the collective bargaining process is not about improving student performance. The
unions' constituency is the adult, not the student." According to the Small School Districts'
Association (SSDA), "SSDA opposes because the bill does not include responsibility sanctions
for the increased bargaining authority. SSDA believes that where there is authority, there must
be clear responsibility and accountability. School boards who make poor curriculum decisions
can be unelected. Superintendents who make poor
decisions can be fired. Principals who make poor decisions can be demoted. However, there is
no comparable action that can be taken against an exclusive representative who bargains a
bad decision. SSDA believes the bill would result in taking the public out of public education.
SSDA believes that the bill's result will be a significant expansion of charter schools, private
schools, and support for vouchers."
REGISTERED SUPPORT / OPPOSITION:
Support
ABC Teachers Association
Alisal Teachers Association
Association of Colton Educators
Bakersfield Elementary Teachers Association
Bellflower Education Association
Bonita Unified Teachers Association
Burbank Teachers Association
California Faculty Association
California Federation of Teachers
Cali£omia Teachers Association
Cambrian District Teachers Association
Campbell Education Association
Castro Valley Teachers Association
Central £or Commercial-Free Public Education
Charter Oak Educators Association
East Side Teachers Association
Fremont Education Association
Hayward Education Association
Hilmar Unified Teachers Association
Humboldt County Schools Teachers Association
Kern High Faculty Association
Kit Carson Educators Association
La Mesa-Spring Valley Teachers Association
Lakeside Educators Association
Lawndale Teacher Association
Los Banos Teachers Association
Los Gatos Elementary Teachers Association
Lynwood Teachers Association
Madera Unified Teachers Association
Mafiposa County Teachers Association
Moorpark Educators Association
Moreland Teachers Association
New Haven Teachers Association
Oak Grove Educators Association
Oroville Elementary Teachers Association
Palmdale Elementary Teachers Association
Panama-Buena Vista Teachers' Association
Pleasanton Teachers Association
Rialto Education Association
Riverside City Teachers Association
Sacramento City Teacher Association
San Leandro Teachers' Association
Santa Mafia-Bonita Elementary Education Association
Santa Rosa Teachers Association
Saratoga Teachers Association
Sequoia Elementary Teachers Association
Sierra Service Center Council Chairperson for Kern County
Simi Educators Association
South Tahoe Educator's Association
Stockton Teachers Association
Strathmore Elementary Teachers Association
Sulphur Springs District Teachers Association
Sunnyvale Education Association
Teachers Association of Paramount
Torrance Teachers Association
Unified Association of Conejo Teachers
Union District Educators Association
United Teachers of Richmond
United Teachers of Santa Clara
Westminster Teachers Association
Winton Teachers Association
Opposition
A. Warren McClaskey Adult Center
Alhambra School District
Alvord Unified School District
American Electronics Association
Anaheim Union High School District Board of Trustees
Anderson School at UCLA
Apple Valley Chamber of Commerce
Architechnics
Association of California School Administrators
Baker Valley Unified School District
Berryessa Union School District
Betts Spring Company
Bonita Unified School District
Burbank Unified School District
Burlingame School District
Butte County Superintendent of Schools
Calaveras County Board of Education
Calaveras County Office of Education
Calexico Unified School District
California Association of School Business Officials
California Association of School Psychologists
Califomia Business for Education Excellence
California Business Roundtable
California Chamber of Commerce
California County Superintendents Educational Services
Association
6
Califomia Latino Superintendent's Association
California Manufacturers and Teclmology Association
California Network of Educational Charters
Califomia School Boards Association
California State Association of Counties
California State University
California Taxpayers Association
Cai~Tax
Cambrian School District
Campbell Union School District
Capistrano Unified School District
Capitol Resource Institute
Carmel Unified School District
Castaic Union School District
Central Unified School District
Ceres Unified School District Board of Trustees
City of Fountain Valley
Charter Oak Unified School District
Claremont Unified School District
Clovis Unified School District
CNF, Inc.
Coalinga-Huron Unified School District
Community Wire Service
County Superintendent of Schools
Culver City Unified School District
Cupertino Union School District
East Side Union High School District
East Whittier City School District
EdVoice
Fairfield-Suisun School Board
Fallbrook Union Elementary School District
Femdale Unified School District
Fluor Corporation
Folsom Cordova Unified School District
Forestville Union School District Superintendent
Fresno Unified School District
Fmitvale School District
Galt District Chamber of Commerce
Guadalupe Union School District
Humboldt County Office of Education
Intel Corporation
Inyo County Office of Education
Irvine Unified School District
Jurupa Unified School District
Kern County Superintendent of Schools
Lake County Office of Education
Lancaster School District
Lawndale Elementary School District
Legislative and Management Services, Inc.
Little Lake City School District Superintendent
Livermore Valley Joim Unified School District Board of
Education
Long Beach Unified School District
Los Angeles County Office of Education
Los Angeles Unified School District
Los Banos Unified School District
Lucerne Elementary School District
Manteca Unified School District
Mary Farmar School
Mendocino County Board of Education
Menifee Union School District
Moraga School District
Moreno Valley Unified School District
Mountain View School District Superintendent
Mountain View/Los Altos Union High School District
Mt. Pleasant School District
Newhall School District
Newport Beach Chamber of Commerce
Oak Grove School District
Oceanside Unified School District
Office of the Orange County Superintendent o.f Schools
Ontario-Montclair School District
Orange County District Superintendent
Orange County Superintendent of Schools
Orinda Union School District
Oxnard School District Superintendent
Pacific View & Modoc Charter Schools
Palmdale School District
Palo Verde Unified School District
Paramount Unified School District Board of Education
Parent Teacher Association Alondra School
Parent Teacher Association, Jefferson School
Parent Teacher Association, Lakewood School
Parent Teacher Association, Paramount High School
Parent Teacher Association, Roosevent School
Paso Robles Public Schools Superintendent
Penis Union High School District
Placer Union High School District
Porterville Unified School District
Poway Unified School District Superintendent
Ramona Unified School District
Redondo Beach Unified School District
Rio Linda Union School District
Riverside County Office of Education
Riverside County Schools Advocacy Association
Riverside Unified School District
Sacramento City Unified School District
Salinas Union High School District Board of Trustees
San Bemardino City Unified School District
San Bemardino County District Advocates for Better Schools
San Francisco Unified School District
San Marino Unified School District
San Pasqual Valley Unified School District
Santa Clara Unified School District
Santa Rosa City Schools
School Districts of Ventura County
School Employers Association
Simi Valley Unified School District
Small School Districts' Association
Sonoma County Office of Education
Smprise Valley Joint Unified School District
Temecula Valley Unified School District Board of Education
Tracy Unified School District
Tulare County Superintendent of Schools
Ventura County Superintendent of Schools
Ventura Unified School District
Walnut High School
Xofi Micro Tube, Inc.
Numerous individuals
Analysis Prepared by: Aimee Scribner / ED. / (916) 319-2087
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