HomeMy WebLinkAboutAgenda Packet 2003/11/25 CITY COUNCIL AGENDA
November 25, 2003 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CI'IY OF
cHUIA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68
November 25, 2003
I declare under penalty 01 perjury that I am
employed by the City of Chula Vilta In the
Office of the City Clerk and that I posted thil
docum~ulletln board according 10
EI,ownActr qu·,ementa. Ji &a:;;0 P.M.
Dated II (03 Slgned/ ~
CALL TO ORDER
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· PRESENTATION BY CHUCK COLE OF ADVOCATION, INC. OF A REVIEW OF
THE 2003 STATE LEGISLATIVE SESSION, AND A PREVIEW OF LIKELY ISSUES
FOR THE UPCOMING SESSION IN 2004
· OATHS OF OFFICE:
William Craft, Board of Library Trustees
Judy Schulenberg, Nature Center Board of Trustees
Tracy Means, Resource Conservation Commission
CONSENT CALENDAR
(Items I through II)
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.
I. APPROVAL OF MINUTES of the Regular Meeting of November 4, the Special
Meetings of November 11, and the Regular Meeting of November 18,2003.
Staff recommendation: Council approve the minutes.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECREASING THE EXISTING SPEED LIMIT ON HALECREST DRIVE,
BETWEEN TELEGRAPH CANYON ROAD AND DOUGLAS STREET, THEREBY
AMENDING SCHEDULE X OF A REGISTER MAINTAINED IN THE OFFICE OF
THE CITY ENGINEER (SECOND READING)
Based on provisions of the California Vehicle Code and the Chula Vista Municipal Code,
the City Engineer has determined, based on a traffic engineering study, that the speed
limit on Halecrest Drive, between Telegraph Canyon Road and Douglas Street, should be
decreased from the existing 30 m.p.h. limit to 25 m.p.h. This ordinance was introduced
on November 18,2003. (Director of Engineering)
Staff recommendation: Council adopt the ordinance.
3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING
AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 07-I
(OTAY RANCH VILLAGE ELEVEN), AUTHORIZING THE LEVY OF A SPECIAL
TAX IN SUCH COMMUNITY FACiLITIES DISTRICT (SECOND READING AND
ADOPTION)
On November 11, 2003 the City held a public hearing and approved two resolutions: 1)
forming and establishing Community Facilities District No. 07-I (Otay Ranch Village
Eleven), and 2) declaring necessity to incur bonded indebtedness for the Community
Facilities District (CFD). On November 12, 2003 a special election of eligible property
owners was held at the City Attorney's office for the purpose of voting on the formation
of CFD 07-I. Adoption of the ordinance authorizes the levy of a special tax in the CFD.
This ordinance was introduced on November 18, 2003. (Director of Engineering)
Staffrecommendation: Council adopt the ordinance.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE 2002/2003 SEWER
REHABILITATION PROGRAM-PHASE XII (SW-229), AUTHORIZING THE
TRANSFER OF AVAILABLE SEWER FACILITY REPLACEMENT FUNDS INTO
THE PROJECT FROM THE 2000/2001 SEWER REHABILITATION PROGRAM
(SW-222) AND THE 2001/2002 SEWER REHABILITATION PROGRAM (SW-227)
PROJECTS, AND AUTHORIZING STAFF TO INCREASE QUANTITIES TO
EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT
Sealed bids were received for this project (SW-229). This project will provide for the
replacement of broken sewer mains and laterals, the repair of cracked sewer lines, and the
replacement of sewer access holes and asphalt concrete pavement in various locations
throughout the City of Chula Vista. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
FOR RANCHO VISTA APARTMENTS, LOCATED IN THE SOUTHERN
LANDSWAP AREA OF THE EASTLAKE II GREENS SECTIONAL PLANNING
AREA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
On April 8, 2003, staff approved the tentative subdivision map for the EastLake
Landswap Residential area. Adoption of the resolution approves the grant of easements
and maintenance agreement, required by the conditions of approval of said tentative
subdivision map. This agreement sets forth specific obligations and responsibilities for
maintenance by the Rancho Vista Apartments project of certain landscaping
improvements and facilities located within public right-of-ways and public access
easements adjoining the project. (Director of Engineering)
Staffrecommendation: Council adopt the resolution.
Page 2 - Council Agenda 11/25/03
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CENTRAL
CONTROL AND TRAFFIC COMMUNICATION LINKS ALONG H STREET,
BETWEEN FOURTH AVENUE AND HDDEN VISTA DRIVE, (PROJECT TF-290)
TO HMS CONSTRUCTION 1N THE AMOUNT OF $351,758
Sealed bids were received from six electrical contractors for this project. The project
involves the installation of single mode fiber optic interconnect lines under H Street,
between Fourth Avenue and Hidden Vista Drive, and interconnect lines to six traffic
signals along H Street. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING UNANTICIPATED STATE DOMESTIC PREPAREDNESS GRANT
FUNDS AND AMENDING THE FISCAL YEAR 2004 FIRE DEPARTMENT
BUDGET TO APPROPRIATE SAID FUNDS (4/5THS VOTE REQUIRED)
As part of the State Domestic Preparedness Program the Chula Vista Fire Department
will receive a grant from the County of San Diego, Office of Emergency Services in the
amount of $23,884 for development and training of Citizen Emergency Response Teams
(CERT). These funds will be used to reimburse staff costs associated with the program
and purchase equipment needed to equip and train two CERT Teams. (Fire Chief)
Staff recommendation: Council adopt the resolution.
8A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE BUDGET TO ADD TWO UNCLASSIFIED POSITIONS,
CALIFORNIA BORDER ALLIANCE GROUP (CBAG) PROGRAM MANAGER AND
CBAG PROGRAM ANALYST, AND APPROPRIATING $121,031 TO THE POLICE
DEPARTMENT FROM THE AVAILABLE BALANCE OF THE GENERAL FUND
BASED ON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED)
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010, RELATING
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS (FIRST READING)
The California Border Alliance Group (CBAG) has requested the addition of a new
position of CBAG Program Manager and an additional CBAG Program Analyst. CBAG
covers all costs for the positions, including a three-percent administrative fee paid to the
City. Chula Vista City Charter section 500 requires that all unclassified positions not
mentioned specifically in that section be adopted by Ordinance. The Police Department
recommends the addition of the position of CBAG Program Manager to the unclassified
service. (Chief of Police, Director of Human Resources)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
Page 3 - Council Agenda 11/25/03
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE MURRAY-
HAYDEN URBAN PARKS AND YOUTH SERVICE PROGRAM UNDER THE
CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS,
AND COASTAL PROTECTION BOND ACT OF 2002
Competitive grant funds are available from the California Department of Parks and
Recreation through the Murray-Hayden Urban Parks and Youth Services Program under
the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
Bond Act of 2002. The Recreation and General Services Departments recommend that
the City apply for these grant funds for the renovation and upgrade of Otay Park, a
heavily-used neighborhood park in the southwest section of the City. Grant funds in the
amount of $1,335,857 would be sought for the renovation of Otay Park, located at 1613
Albany Avenue. (Director of Recreation)
Staffrecommendation: Council adopt the resolution.
10. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING
SECTION 2.66.255 TO THE CHULA VISTA MUNICIPAL CODE TO REGULATE
THE USE OF CITY SKATE FACILITIES, AND AMENDING SECTION 2.66.250
WHICH REGULATES THE RIDING OF BICYCLES, MOTORCYCLES, ROLLER
BLADES, ROLLER SKATES, AND SKATEBOARDS IN CITY PARKS (FroST
READING)
Several skate facilities in City neighborhood and community parks are due to be
constructed over the next few years. Adoption of the ordinance creates reasonable and
enforceable roles and regulations for the new recreational facilities. (Director of
Recreation)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR SIDEWALK
REPLACEMENT AT VARIOUS LOCATIONS IN THE CITY OF CHULA VISTA
(PROJECT JY-065J), AND AUTHORIZING STAFF TO INCREASE THE VALUE OF
CONTRACT TO EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT
Sealed bids were received for this project. The project was included in the budget to
remove and replace curbs, gutters, sidewalks, and driveways displaced by differential
settling, tree roots, etc., on various city streets. (Director of Engineering)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Agenda 11/25/03
ORAL COMMUNICATIONS
Persons speaMng 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 talcing 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.
BOARD AND COMMISSION RECOMMENDATION
12. CONSIDERATION OF ADOPTION OF A RESOLUTION OPPOSING THE
TRANSFER OF TWO PROPERTIES FROM THE SAN DIEGO UNIFIED PORT
DISTRICT TO THE AIRPORT AUTHORITY
The Port of San Diego is requesting that the City of Chula Vista oppose the transfer of
two parcels of land within its jurisdiction to the Airport Authority, resulting in a loss of
revenue to the Port. (Chula Vista Port Commissioner)
Staff recommendation: Council accept the report and adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
OPPOSING THE TRANSFER OF TWO PROPERTIES FROM THE SAN
DIEGO UNIFIED PORT DISTRICT TO THE AIRPORT AUTHORITY
ACTION ITEM
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak"form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
13. CONSIDERATION OF 1) ADOPTION OF A RESOLUTION AMENDING COUNCIL
POLICY REGARDING ORGANIZATION AND PROCEDURES ON LEGISLATIVE
MATTERS AFFECTING THE CITY, AND 2) ADOPTION OF THE 2004
LEGISLATIVE PROGRAM
The proposed revisions to Council Policy 300-01 will ensure greater involvement by the
City Council in determining those measures on which the Council chooses to take a
position. The proposed Legislative Program represents the Council's position on items
likely to be acted upon by the State Legislature, Congress, or administrative agencies. By
adopting a Legislative Program at the beginning of each two-year legislative session and
amending it at mid-term, Chula Vista is able to take a proactive role in sponsoring,
supporting, or opposing bills related to the City's various legislative priorities.
(Intergovernmental Affairs Coordinator)
Staff recommendation: Council adopt the following resolutions:
Page 5 - Council Agenda 11/25/03
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING COUNCIL POLICY 300-01 REGARDING ORGANIZATION
AND PROCEDURES ON LEGISLATIVE MATTERS AFFECTING THE CITY
OF CHULA VISTA
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE 2004 LEGISLATIVE PROGRAM
ITEMS PULLED FROM TIlE CONSENT CALENDAR
OTIIER BUSINESS
14. CITY MANAGER'S REPORTS
15. MAYOR'S REPORTS
· Ratification of appointment to the Nature Center Board of Trustees - Richard
Wyllie
16. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M. Brown Act (Government Code 54957. 7).
17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chula
Vista)
City negotiators: David Rowlands, Jr., Sid Moms, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation: Price and terms of franchise conveyance
Page 6 - Council Agenda 11/25/03
18. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: The Chula Vista Municipal Golf Course on Bonita Road and
adjacent acreage owned by the City
Agency Negotiator: Sid Morris
Negotiating Parties: City of Chula Vista (Sid Morris), American Golf Corporation
(Brian Jackson)
Under Negotiation: Price, tenns, and disposition oflease
19. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. No. A-02-12-028)
ADJOURNMENT to the Regular Meeting of December 9, 2003, at 6:00 p.m. in the Council
Chambers (The meeting of December 2,2003 has been cancelled.)
Page 7 - Council Agenda 11/25/03
CllY OF
(HUlA VISTA
November 25, 2003
TO:
FROM:
The Honorable Mayor and City Council
David D. Rowland~, City Manager
SUBJECT:
Absence Fom the Office
I will be leaving for Tacoma, Washington this evening to spend Thanksgiving with my
family. I will return Sunday.
Please feel free to contact me if necessary on my cell phone (619) 517-3334.
ORDINANCE NO. ~
ORDINANCE OF THE CITY COl.~k',{~\~ THE CITY OF
CHULA
DECREAS~\~¥STING SPEED LIMIT
VISTA
ON HALECREST DRIVE I~ETWEEN TELEGRAPH CANYON
ROAD AND DOUGLAS STREET TO 25 MPH, THEREBY
AMENDING SCHEDULE X OF A REGISTER MAINTAINED
IN THE OFFICE OF THE CITY ENGINEER.
WHEREAS, based on the provisions of Califomia Vehicle Code Section 22352, 22358
and 40802 and pursuant to authority under Chula Vista Municipal Code Section 10.48.020, and
pursuant to authority under Chula Vista Municipal Code Section 10.48.020, titled "Established
Speed Limits In Certain Zones," the City Engineer has recommended that, in the interest of
minimizing traffic hazards and for the promotion of public safety, the speed limit on Halecrest
Drive between Telegraph Canyon Road and Douglas Street be established at 25 mph; and
WHEREAS, this recommendation and other information in the City Engineer's report has
been fully considered by the City Council; and
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: A 25 mph speed limit on Halecrest Drive between Telegraph Canyon Road and
Douglas Street is hereby established:
SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as
provided in Section 10.48.020 of the Chula Vista Municipal Code, Established Speed Limits in
Certain Zones - Designated, is hereby amended to include the following information:
Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X
ESTABLISHED SPEED LIMITS 1N CERTAIN ZONES
Name of Street Be~innin~ At Ending At Proposed
Speed Limit
Halecrest Drive Telegraph Canyon
Road Douglas Street 25 MPH
Ordinance
Page 2 '' .
SECTION II: This ordinance shall take effec"1 ~nd be in full force on the thirtieth day from and
after its adoption.
Presented by Approved as to form by
Clifford Swanson ~"l
Director of Engineering
J:Attomey\Ordinance\llaleclcst Dr speed I/mit decrease
ORDINANCE NO. .,~¥~
FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has initiated proceedings, held a public hearing, conducted an election and
received a favorable vote from the qualified electors authorizing the levy of special taxes in a
community facilities district, all as authorized pursuant to the terms and provisions of the
"Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5
of the Government Code of the State of California (the "Act") and the City of Chula Vista
Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of
Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California
(the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community
Facilities District Law"). This Community Facilities District is designated as COMMUNITY
FACILITIES DISTRICT NO. 07-I (OTAY RANCH VILLAGE ELEVEN) (the "District").
The City Council of the City of Chula Vista, California, acting as the legislative body of
Community Facilities District No. 07-I (Otay Ranch Village Eleven), does hereby ordain as
follows:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the
levy of special taxes on taxable properties located in the District pursuant to the Rate and Method
of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto and incorporated
herein by this reference (the "Rate and Method").
SECTION 2. This City Council, acting as the legislative body of the District, is hereby
further authorized, by Resolution, to annually determine the special tax to be levied within the
District for the then current tax year or future tax years; provided, however, the special tax to be
levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and
Method.
SECTION 3. The special taxes herein authorized to be levied, to the extent possible,
shall be collected in the same manner as ad valorem property taxes and shall be subject to the
same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad
valorem taxes; provided, however, the District may utilize a direct billing procedure for any
special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect
the special taxes at a different time or in a different manner if necessary to meet its financial
obligations.
SECTION 4. The special taxes authorized to be levied shall be secured by the lien
imposed pursuant to Sections 3 114.5 and 31 l 5.5 of the Streets and Highways Code of the State
of California, which lien shall be a continuing lien and shall secure each levy of the special tax.
The lien of the special tax shall continue in force and effect until the special tax obligation is
prepaid, permanently satisfied and eanceled in accordance with Section 53344 of the
Government Code of the State of California or until the special tax ceases to be levied by the
City Council in the manner provided in Section 53330.5 of said Government Code.
SECTION 5. This Ordinanc~ shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be
published in a newspaper of general circulation in the City pursuant to the provisions of
Government Code Section 36933.
Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on
,2003;
Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on
the _ _ day of ,2003, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST APPROVED AS TO FORM:
Clifford Swanson Ann Moore
Director of Engineering City Attorney
J:Attomey\Ordinance\Ord Authorize Levy of special Tax CFD 07-1
2
COUNCIL AGENDA STATEMENT
Item ¢
Meeting Date: 11/25/2~)03
ITEM TITLE: Resolution Accepting bids and awarding a contract for the
2002/03 Sewer Rehabilitation Program-PhaseXII (SW-229); authorizing the
transfer of available Sewer Facility Replacement Funds into the project from
the 2000/01 Sewer Rehabilitation Program (SW-222) and the 2001/02 Sewer
Rehabilitation Program (SW-227) projects and authorizing staff to increase
quantities to expend all available funds for this project
SUBMITTED BY: Director of Engineering~.}/~
REVIEWED BY: City Manager ffQ)ff~ (4/5ths Vote: Yes x__No_)
On October 15, 2003, the Director of Engineering received sealed bids for the 2002-03 Sewer
RehabilitationProgram-PhaseXII(SW-229). The project will replace existing broken sewer mains
and laterals, repair cracked sewer lines, replace sewer access holes and asphalt concrete pavement in
various locations throughout the City of Chula Vista.
RECOMMENDATION: That Council adopt a resolution accepting bids and awarding a $365,075
contract for the 2002/03 Sewer Rehabilitation Program-Phase XII (SW-229) to Filmex Inc., dba
Metropolitan Construction of Spring Valley, Califorrlia; authorizing the transfer of $225,251 in
available Sewer Facility Replacement Funds into the project - $74,539 from the 2000/01 Sewer
Rehabilitation Program (SW-222) and $150,712 from the 2001/02 Sewer Rehabilitation Program
(SW-227) and authorizing staffto increase quantities to expend all funds for this project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Based on the results of recent inspections, including those performed with a closed circuit television
camera, rehabilitation of existing sewer lines and access holes is needed. A number of access areas
identified by Public Works Operations require replacement. Certain sections of pipe are cracked and
need to be replaced, repaired or relined to prevent groundwater infiltration or leaching of raw sewage
into the ground. The general scope of the project involves the replacement of existing broken sewer
mains and laterals, the installation of pipe lining to repair cracked sewer lines, the replacement of
sewer access holes, trenching, and asphalt concrete pavement.
The project will include all labor, material, equipment, tools, transportation, mobilization, control of
sewage flows, installation of root barrier, traffic control, removal and disposal of existing
improvements, protection and restoration of existing improvements, and other miscellaneous work
necessary for the project. The locations and types of work to be done are detailed in Tables A
through D (Attachment A).
Page 2, Item [
Meeting Date 11/25/03
On October 15, 2003, Engineering staff received and opened bids from four contractors for the
construction phase:
CONTRACTOR Bm AMOUNT
1. Filmex Inc., dba Metropolitan Construction - Spring Valley, California. $ 365,075
2. MJC Construction - Chula Vista, California $ 382,410
3. KTA Construction Inc. - E1Cajon, California. $ 397,250
4. Scheidel Contracting and Engineering Inc. - La Mesa, California. $ 665,720
The low bid by Filmex Inc. is $365,075 which is $70,265 (16%) below the Engineer's estimate of
$435,340. The Engineer's estimate was based on average prices for similar types of work completed
during the last two years. Staff verified the references provided by the contractor; their work record
has been satisfactory. After reviewing the low bid, staff recommends awarding a $365,075 contract
to Filmex Inc., dba Metropolitan Construction of Spring Valley, California.
The budget provided $511,279 to complete the project. Based on the bid amount, staff estimates that
there will be approximately $91,204 left in a contingency fund to do additional pipe lining. The
locations of the proposed additional work are in the east side of Interstate 805. The additional
locations are shown on the plats (# 10 & 11) and listed on Table D, Attachment A.
Twenty two percent (22%) of the project is in the Montgomery Area, sixty four percent (64%) is
in the West side of Chula Vista and not in the Montgomery Area and 14% of the project is in the
East side ofi-805 Freeway.
Contract Amount Revision
The contract documents allow the City to decrease or increase the unit quantity for the
rehabilitation of additional pipes and manholes without a change in the contract unit price bid by
the Contractor.
Disclosure Statement
Attached is a copy of the Contractor's Disclosure Statement (Attachment B).
Environmental Status
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the project qualifies for a Class 1
categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further
environmental review is necessary.
Page 3, Item ~
Meeting Date 11/25/03
Wage Statement
The contractors who bid on this project were not required to pay prevailing wages to persons
employed by them for the work performed under this project. No special minority or women-owned
business requirements were necessary as part of the bid. However, a "Notice to Contractors" was
sent to various trade publications in order to encourage disadvantaged businesses to bid on the
project.
FISCAL IMPACT: Sufficient Sewer Facility Replacement funds were previously appropriated as
part of the FY2001, FY2002 and FY2003 Capital Improvement Program (CIP) budgets for sewer
rehabilitation projects. It is proposed that these funds be combined in the 2002/03 Sewer
Rehabilitation Program-Phase XII (SW-229) to perform the required work.
Project SW-222 was awarded on July 10, 2001 by Resolution #2001-205 and the work has been
completed. There is a remaining project balance of $74,539 that is recommended to be transferred to
SW-229. Project SW-227 was awarded on March 26, 2002 by Resolution #2002-080 and the work
has also been completed. There is a remaining project balance orS150,712 that is reconunended to
be transferred to SW-229.
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $ 365,075
B. Contingencies (approximately 25 %) 91,204
C. Staff Costs (Design & Inspection) 55,000
TOTAL $ 511,279
FUNDS AVAILABLE FOR CONSTRUCTION
A. Sewer Facility Replacement funds appropriated for SW-229 $ 286,028
B. Remaining balance of Sewer Facility Replacement funds from SW-227 150,712
C. Remaining balance of Sewer Facility Replacement funds fi'om SW-222 74,539
TOTAL $ 511,279
Upon completion of the project, the improvements will require only routine City sewer maintenance.
Attachments
A - Tables A through D
B - Contractor's Disclosure Statement
File No. 0735-10-SW229
&lEngineerMgendalSW229-Al13CM-alt
ATTACHMENT A
ATTACHMENT B
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
Jose O. Ortiz
Mayling Ortiz
2. If any person* identified pursuant to (I) above is a co~oration or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
Jose O. Ortiz
Mayling Ortiz
3. If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
tmstor of the trust.
4. Please identify every person, including uny agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
Jose O. Ortiz
Alberto Larios
5. Has any person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this contract within the past 12 months? Yes__ No X
15
J:\Engineer\DES IGN\S W229\S W229 Contract. doc
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No ~ Yes __ If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes No
If Yes, which official** and what was the nature of item provided?
Date: 10/15/03 a~e~o
Sign ontractor/Applicant
JOSE O. ORTIZ, PRESIDENT
Print or type name of Contractor/Applicant
* Person is de£med as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
16
J:~Engineer~DESIGN\S W229\SW229 Contract.doc
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BDS AND AWARDING
CONTRACT FOR THE 2002/03 SEWER REHABILITATION
PROGRAM-PHASE XII (SW-229); AUTHORIZING THE
TRANSFER OF AVAILABLE SEWER FACILITY
REPLACEMENT FUNDS INTO THE PROJECT FROM THE
2000/2001 SEWER REHABILITATION PROGRAM (SW-222)
ANT) THE 2001/02 SEWER REHABILITATION PROGRAM (SW-
227) PROJECTS AND AUTHORIZING STAFF TO INCREASE
QUANTITIES TO EXPEND ALL AVAILABLE FUNDS FOR
THIS PROJECT
WHEREAS, on October 15, 2003, the Director of Engineering received sealed bids
for the 2002/03 Sewer Rehabilitation Program-Phase XII (SW-229); and
WHEREAS, the project will replace existing broken sewer mains and laterals, repair
cracked sewer lines, replace sewer access, replace sewer access holes and asphalt concrete
pavement in vahous locations throughout the City of Chula Vista; and
WHEREAS, the project will include all labor, material, equipment, tools,
transportation, mobilization, control of sewage flows, installation of root barrier, traffic control,
removal and disposal of existing improvements, protection and restoration of existing
improvements, and other miscellaneous work necessary for the project; and
WHEREAS, the Director of Engineering received and opened bids from four
contractors for the construction phase as follows:
CONTRACTOR BID AMOUNT
1. Filmex, Inc., dba Metropolitan Construction - Spring Valley, California $365,075.00
2. MJC Construction - Chula Vista, California $382,410.00
3. KTA Construction, Inc. - El Cajon. California $397,250.00
4. Scheidel Contracting and Engineering, Inc. - La Mesa, California $665,720.00
WHEREAS, the bid by Filmex, Inc. is $365,075, which is $70,265.00 (16%) below
the Engineer's estimate of $433,340.00; and
1
WHEREAS, staff has reviewed the bid and is recommending awarding the contract
to Filmex, Inc., dba Metropolitan Construction of Spring Valley, California; and
WHEREAS, twenty-two percent (22%) of the project is in the Montgomery Area,
sixty-four percent (64%) is in the West side of Chula Vista and not in the Montgomery Area and
fourteen percent (14%) of the project is in the East side of 1-805 Freeway; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class 1 categorical exemption pursuant to Section 15301 of the State CEQA
Guidelines and that no further environmental review is necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council does accept the bid
and award the contract for the 2002/03 Sewer Rehabilitation Program-Phase XII (SW-229) to
Filmex, Inc., dba Metropolitan Construction of Spring Valley, California, authorizing the transfer of
$225,251 in available Sewer Facility Replacement Funds into the project - $74,539 from the
2000/01 Sewer Rehabilitation Program (SW-222) and $150,712 from the 2001/02 Sewer
Rehabilitation Program (SW-227) and authorizing staff to increase quantities to expend all funds
for this project.
Presented by Approved as to form by
Clifford Swanson Ann ~o(ai:c
Director of Engineering City Attorney
J:\attorney\reso\bids\sewer rehab bid 2000-2003
COUNCIL AGENDA STATEMENT
Item
Meeting Date: 11/25/03
ITEM TITLE: Resolution Approving the Grant of Easements and Maintenance
Agreement for Rancho Vista Apartments located in the Southern Landswap
area of the Eastlake II Greens SPA, and authorizing the Mayor to execute said
Agreement.
SUBMITTED BY: Director of Engineeringo~
REVIEWED BY: City Manager t~~ ~ (4/5ths Vote: Yes No X
On April 8, 2003, Staff approved the Tentative Subdivision Map for the Eastlake Landswap
Residential. The Grant of Easements and Maintenance Agreement, required by the conditions of
approval of said Tentative Subdivision Map for the Affordable Housing site containing 150
apartment units, is now before Council for consideration and approval. This Agreement sets forth
specific obligations and responsibilities for the maintenance by the Rancho Vista Apartments project
of certain landscaping improvements and facilities located within public right-of-ways and public
access easements adjoining the project.
RECOMMENDATION: That Council adopt the resolution approving the Grant of Easements and
Maintenance Agreement for Rancho Vista Apartments located in the Southem Land Swap area of the
Eastlake I/Greens SPA, and authorizing the Mayor to execute said Agreement.
BOARD/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION:
The developer has executed the Grant of Easements and Maintenance Agreement for Rancho Vista
Apartments of the Southern Land Swap area (Attachment 1) setting forth the developer's obligations
to maintain certain public landscaping improvements and facilities consisting of street trees,
planting, and irrigation facilities located within the adjoining public parkways and public access
easements along Eastlake Parkway.
The agreement has been reviewed by staff and is ready for Council consideration (Attachment 2).
The City Attorney has approved the agreement as to form.
FISCAL IMPACT: None to the General Fund. All staff costs associated with the proposed
agreement will be reimbursed from the developer's deposits.
Attachment:
1: Rancho Vista Apartments Plat
2: Grant of Easements & Maintenance Agreement for the Rancho Vista Apartments
J:\Eng/neer\LAN DDEV\Projects~Land Swap\DRC\CASHOA-affordable.doc
A,T T'A,C.~ ~r-- N 1" J..
SITE
NORTH
_ VICINITY MAP
NOT TO SCALE
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CITULA VISTA APPROVING THE GRANT OF EASEMENTS
AND MAINTENANCE AGREEMENT FOR RANCHO VISTA
APARTMENTS LOCATED IN THE SOUTHERN LANDSWAP
AREA OF THE EASTLAKE II GREENS SPA, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, April 8, 2003, staff approved the Tentative Map for the Eastlake Landswap
Residential; and
WHEREAS, the Grant of Easements and Maintenance Agreement required by the
conditions of approval of said Tentative Subdivision Map for the Affordable Housing site
containing 150 apartment units sets forth the specific responsibilities for the maintenance by the
Rancho Vista Apartments project of certain landscaping improvements and facilities located within
right-of-ways and public access easements adjoining the project; and
WHEREAS, developer has executed the Grant of Easements and Maintenance Agreement
for Rancho Vista Apartments of the Southern Landswap area setting forth developer's obligations
to maintain certain public landscaping improvements and facilities consisting of street trees,
planting, and irrigation facilities located within the public parkways of and public access easements
along Eastlake Parkway.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the Grant of Easements and Maintenance Agreement for Rancho Vista
Apartments located in the Southern Landswap area of the Eastlake II Greens SPA.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
Clifford Swanson Ann i~o6rb' ':~
Director of Engineering City Attorney
J:5Attorney\reso\casements\Rancho Vista Apts. - Eastlake 11 Greens
THE ATTACHED 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
' ~'/f~'~fn Moore
City Attorney
Dated: 11/13/03
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CVT NO. 03-04
EASTLAKE LANDSWAP RANCHO VISTA APARTEMENTS
Recording Requested by and
Please Return to:
Cji3.' Clerk
Ci~' of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
This Instrument Benefits City Only.
No Fee Required. 5 This Space for Recorder's Use Only
C.V. File No.: EL-001F
GRANT OF EASEMENTS AND MAINTENANCE
AGREEMENT
CHULA VISTA TRACT NO. 03-04 EASTLAKE LANDSWAP RANCHO VISTA
APARTMENTS, LOT 1 OF MAP NO. 14591
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
("Agreement") is made as offffis day of ,2003, by and between
the CITY OF CHULA VISTA, a muulcipal corporation ("City"), and CIC EASTLAKE, L.P., a
California limited partnership ("Developer").
RECITALS
A. This Agreement concerns and affects certain improvements within and adjacent to
the real property located in Chula Vis~--CalifornJ~ more particularly described in Exhibit "A"
attached hereto and incorporated herein ("Property"). The Property includes a plann~a~
affordable multi-family residential development project commonly known as "RANCHO VISTA
APARTMENTS" being the subject of DRC Approval No. 03-54. For purposes of this
Agreemem, the term "Project" shall also refer to the overall Rancho Vista Apartmems project.
B. The Property is covered by Final Map No. 14591 (the "Final Map") approved by
Ci~ Council Resolution No. 2003-189 ("City Resolution").
C. Developer is the owner of record o£the Project.
D. In order for Developer's predecessor-in-interest to obtain the Final Map and for
the City to have assurance that the maintenance of certain public areas within and adjacent to the
Project would be provided for, the City and Developer's predecessor-in-interest entered into a
Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which
Developer's predecessor-in-interest agreed that maintenance of such areas shall be accomplished
1
by an entity acceptable to the City. Exhibit "B" attached hereto describes those particular areas
which were dedicated to the public on the Final Map or by separate instrum.ent, but which
include landscaping and drainage improvements to be maintained by the Developer. The public
areas to be maintained by the Developer are collectively referred to as the "Developer
Maintained Public Areas").
E. The City desires to grant to Developer easements for landscape maintenance
purposes upon, over and across the Developer Maintained Public Areas as shown on Exhibit
"B" in order to facilitate the obligations of Developer as set forth in Supplemental Subdivision
Improvement Agreement, adopted pursuant to the City Resolution.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as set forth below.
1. Grant of Easements. The City hereby grants to Developer and its agents.
successors and assigns, the following easements over the Developer Maintained Public Areas:
Non-exclusive easements and rights-of-way over and across those public rights-of-way described
on Exhibit "B" for purpose of maintaining, repairing and replacing the following: the
landscaping within portions of public rights-of way and public access easements as shown and
described on Exhibit "B" attached hereto. These grants are made without any warranties of any
kind, express or implied, other than the warranty stated in Paragraph 12.6 below.
2. Maintenance Responsibilities. Developer hereby covenants and agrees, at its
sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or
replaced, those improvements within the Developer Maintained Public Areas which are
described on Exhibit "B" attached hereto, at a level equal to or better than the level of
maintenance acceptable to the Director of Public Works Operations, at his/her sole discretion,
equivalent to City or Community Facilities District maintained right-of-way facilities. For
purposes of this Agreement, the term "Maintenance"or "Matntmn"' ' shall mean the maintenance.
repair, the provision of irrigation water, and replacement obligations described herein and on
Exhibit "C" hereto and shall also inclu~de repair and replacement at no cost to the City of any
City owned property that is damaged during performance of the maintenance responsibilities
pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of City:-
3. Insurance.
3.1 Developer Insurance. Developer procures and formally resolves to
maintain at its sole cost and expense, commencing no later than the date that both the City's
landscape architect of record and City landscape inspection staff agree in writing that all
installation work has been completed and that the maintenance/establishment operations have
been completed as specified in the Project's construction documents, a policy of public liability
insurance that would include, but is not limited to the following:
(a) General Liability Insurance. The Developer shall obtain a
comprehensive general liability and property damage insurance policy
insuring the Developer against liability incident to ownership or use of the
Property (including all private open space lots and other Developer
Rancho Vista 2
Maintained Public Areas). The limits of such insurance shall not be less
than $3 Million covering ail claims for death, personal injury and property
damage arising out of a single occurrence. The insurer issuing such
insurance shall-have rating by A.M. Best "A, Class V" or better with no
modified occurrences and as admitted by Best's Insurance Guide. Such
insurance shall include the following additional provisions provided they
are available on a conunercially reasonable basis:
(i.) The City of Chula Vista shall be named as an additionally insured
party to such insurance pursuant to the City's requirements the
Developer do so;
(ii.) The policy shall not contain a cross-suit exclusion clause which
would abrogate coverage should litigation ensue between insureds
and;
(iii.) The policy shall contain the following severability clause (or
language which is substantially the same): "The coverage shall
apply separately to each insured except with respect to the limits of
liability".
The Developer shall provide the City with a Certificate of Insurance upon procurement of
the policy as set forth above.
4. Assignment by Developer and Release of Developer.
4.1 Assignment. Upon request of the Developer, any or all maintenance
obligations set forth herein may be assigned to a Transferee if the City Manager in his/her sole
discretion determines that such an assignment will not adversely affect the City's interests.
Upon Developer's transfer with City's written permission of certain Maintenance obligations to a
Transferee, it is intended by the partie~ that the Transferee shall perform the Maintenance
obligations either itself or by contractors. Such transfer will release the Developer from its
obligations only if all of the following occur: '-
(i) Transferee Accepts Obligation. The Transferee has
unconditionally accepted and assumed all of the Developer's obligations under this Agreement in
writing, such assignment provides that the burden of this Agreement remains a covenant running
with the land, and the Transferee expressly assumes the obligations of the Developer under this
Agreement.
(ii) Transferee Insurance. The Transferee procures and formally
resolves to Maintain at its sole cost and expense, a policy of public liability insurance which
meets the requirements set forth in Paragraph 3.1 above. The Transferee shall provide the City
with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations
herein.
Rancho Vista 3 '"
4.2 Release. When all conditions precedent in Paragraph 4.1 are fulfilled.
the Developer shall be released from its obligations under this Agreement, including its securiv,.,
and insurance requirements. At least sixty (60) days prior to such transfer, DevelOper shall give
notice to the City of Developer's intent to transfer its Maintenance obligations herein and provide
the City with the appropriate documents listed in Paragraph 4.1.
5. Indemnity.. The Developer shall defend, indemnify, and hold harmless the City,
its officers, agents and employees, from any and all actions, suits, claims, damages to persons or
property, costs including attorney's fees, penalties, obligations, errors, omissions, demands,
liability, or loss of any sort (herein "claims or liabilities"), that may be asserted or claimed by
any person, firm, or entity because of or arising out of or in connection with the use,
maintenance, or repair of the Developer Maintained Public Areas. The Developer shall not have
any liability under this section by reason of the Transferee's failure to maintain.
6. Indemni.ty If Transferee. The document whereby the Developer transfers a
Maintenance obligation to a Transferee shall be signed by both the Developer and the Transferee
and shall set forth an express assumption of Maintenance and other obligations hereunder and
shall include the following indemnification provision:
6.1 Indemni .ry. The Transferee shall defend, indemnify, and hold harmless
the City, its officers, agents and employees, from any and all actions, suits,
claims, damages to persons or property, costs including attorney's fees, penalties,
obligations, errors, omissions, demands, liability, or loss of any sort (herein
"claims or liabilities"), which result from the Transferee's failure to comply with
the requirements of the obligations transferred hereby to Transferee. Transferee
shall not have any liability under tiffs Indemnity by reason of another party's
failure to maintain. It is specifically intended that the City shall have the right to
enforce this Indemnity. This Indemnity may not be amended without the written
consent of the City Director of Planning and Building or City Attorney.
7. Agreement Applicable to Subse~luent Owners.
7.1 Agreement Binding Upon Any Successive Parties. This Agreement-
shall be binding upon the Developer and any Transferees upon transfer of the maintenance
obligations. This Agreement shall inure to the benefit of the successors, assigns and interests of
the parties as to any or all of the Property.
7.2 Agreement Runs With the Land. The burden of the covenants contained
in this Agreement is for the benefit of the Property and the City, its successors and assigns, and
any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and
in its own right and for the purposes of protecting the interest of the community and other
parties, public or private, in whose favor and for whose benefit such covenants ruaning with the
land have been provided, without regard to whether the City has been, remained or are owners of
any particular land or interest therein. If such covenants are breached, the City shall have the
right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or
other proper proceedings to enforce the curing of such breach to which it or any other
beneficiaries of this Agreement and the covenants may be entitled.
Rancho Vista 4
8. Governing Law. This Agreement shall be governed and construed in accordance
with the laws of the Slate of California.
9. Effective Date. The terms and conditions of this Agreement shall be effective as
of the date this Agreement is recorded in the Official Records of the San Diego County
Recorder's Office.
10. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be original and all of which shall constitute one and the same document.
11. Recording. The parties shall cause this Agreement to be recorded in the Official
Records of the San Diego County Recorder's Office not later than 30 days from the date of the
Council approval of this Agreement.
12. Miscellaneous Provisions.
12.1 Notices. Unless otherwise provided in this Agreement or by law, any and
all notices required or permitted by this Agreement or by law to be served on or delivered to
either party shall be in writing and shall be deemed duly served, delivered and received when
personally delivered to the party to whom it is directed or, in lieu thereof, when three (3)
business days have elapsed following deposit in the United States mail, certified or registered
mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in
this Agreement or within one (1) business day after deposit within a nationally recognized
overnight courier. A party may change such address for the purpose of this Paragraph by giving
written notice of such change to the other party.
If to City:
CITY OF CHULA VISTA
Department of Engineering
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Deputy Director of Engineering
If to the DEVELOPER:
THE CIC EASTLAKE, LP
215 So. Highway 101, Suite 100A
Solana, CA 92075
Attn: James Schmid, Manager
Facsimile No.: (858) 259-2624
Telephone No.: (858) 259-2644
12~7 -Captions. Captions in this Agreement are inserted for convenience of
reference and do not define, describe or limit the scope or intent of this Agreement or any of its
terms.
Rancho Vista 5
12.3 Entire Agreement. This Agreement, together with any other written
document referred to herein, embody the entire agreement and understanding between the parties
regarding the subject matter hereof, and any and all prior or contemporaneous 6ral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other agreement between the parties
urfless expressly noted.
12.4 Recitals; Exhibits. Any recitals set forth above and any attached exhibits
are incorporated by reference into this Agreement.
12.5 Compliance With Laws. In the performance of its obligations under this
Agreement, the parties, its agents and employees, shall comply with any and all applicable
federal, state and local rules, regulations, ordinances, policies, permits and approvals.
12.6 Authori.ty of Si~natories. Each signatory and party hereto hereby
warrants and represents to the other party that it has legal authority and capacity and direction
from its principal to enter into this Agreement, and that all resolutions and/or other actions have
been taken so as to enable said signatory to enter into this Agreement.
12.7 Modification. This Agreement may not be modified, terminated or
rescinded, in whole or in part, except by written instrument duly executed and acknowledged by
the parties hereto, their successors or assigns, and duly recorded in the Official Records of the
San Diego County Recorder's Office.
12.8 Severabilitv. If any term, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant or
condition to person or circumstance, shall not be affected thereby and each term, covenant or
condition shall be valid and be enforced to the fullest extent permitted by law.
12.9 Preparation of Agreement. No inference, assumption or presumption
shall be drawn from the fact that a part,or its attorney prepared and/or drafted this. Agreement.
It shall be conclusively presumed that both parties participated equally in the preparation and/or
drafting of this Agreement.
IN WITNESS WHEREOF, the parties hereto hax;e caused this Agreement to be executed
the day and year first set forth above.
(next page is Signature Page)
Rancho Vista 6
Signature Page
to Agreement between City of Chula Vista and CIC Eastlake, L.P. ~
For Grant of Easements and Maintenance Agreement (Dedicated Easemenis)
IN WITNESS WHEREOF, City and CIC Eastlake, L.P. have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and complete
consent to its terms:
City of Chula Vista
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated: CIC EASTLAKE, L.P.:
California Limited Partnership
By: SDS EastlakecLLC,/~tCalifomia Limited
~y Compan~)~eral partff~
-- By.
anag /] '~' :
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On ~c.3f1~¢/ ~4 ,2003, beforeme'f-~.~--~t~~ (l~,~<?faa-~Ll&,aNotaryPublic,
personally ~ppeared' ~ ~. %~, ~, , personally ~o~ to me (or proved
to me on the b~is of s~fact0ry evidence)5o be the person~hose name~is/~ subscribed
to the within ins~ment ~d ac~owledged to me that he/she/tSey executed ~e sine in
his&efftheir authorized capacity~, and that by his~/hSck si~a~e(~ on the ins~ment the
person~ or entity upon behalf of which the person(s) acted, executed the inst~ent.
WI~SS my h~d ~d official seal. t~- ~~-~
~i~a~e of Nota~ Public Place No~ Seal Above
STATE OF CALIFORNIA )
)ss.
COUNTY OF .SAN DIEGO )
On ., 2003, before me, , a Notary Public,
personally appeared , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(les), and that by Ms/her/their signature(s) on the instrument the
person(s), or entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official keal.
Signature of Notary Public Place.Notary Seal Above
~,~ ~, / ~,,~ 10/14/2003
Exhibits
Exhibit A ............................................ : ............................................... Legal Description of Property
Exhibit B and Exhibit B-1 ........................................................ Developer Maintained Public Areas
Exhibit C .................................................................... Description of Maintenance Responsibilities
Exhibit "A"
Legal Description of Developer's Property
Rancho Vista ApatSments
Lot 1 of Chula Vista Tract No. 03-04, Eastlake Landswap, in the City of Chula Vista, County of
San Diego, State of California, according to Map thereof No. 14591, filed in the Office of the
County Recorder of San Diego County, May 16, 2003.
EXHIBIT "A"
Exhibit "B"
Developer Maintained Public Areas
Rancho Vista Apartments
PARCEL "A"
THOSE PORTIONS OF EASTERLY PUBLIC PARKWAY OF EASTLAKE PARKWAY AS
DEDICATED TO THE CITY OF CHULA VISTA ON CHULA VISTA TRACT NO.88-3,
EASTLAKE GREENS PHASE 1 A, ACCORDING TO MAP THEREOF NO. 12544
RECORDED IN THE OFFICE OF THE COUNTY RECORDER ON JANUARY 26, 1990, IN
THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA;
TOGETHER WITH THOSE PORTIONS OF THE EASTERLY PUBLIC PARKWAY OF
EASTLAKE PARKWAY AS DEDICATED TO THE CITY THE CITY OF CHULA VISTA
PER DOCUMENT RECORDED IN THE OFFICE OF THE COUNTY RECORDER ON
JANUARy 8, 2003 AS FILE NO. 2003-0025086, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SHOWN AS PARCEL "A" ON
EXHIBIT "B-I", ATTACHED HERETO AND MADE A PART HEREOF.
PARCEL "B"
THOSE PORTIONS OF THE 20' PUBLIC ACCESS EASEMENT AS DEDICATED TO THE
CITY OF CHULA VISTA PER DOCUMENT RECORDED IN THE OFFICE OF THE
COUNTY RECORDED ON JANUARY 8, 2003 AS FILE NO. 2003-0025084 SHOWN AS
PARCEL "B" ON EXHIBIT "B-I", ATTACHED HERETO AND MADE A PART HEREOF.
EXHIBIT "B"
IX, Mil:il I
MTHIN RANCHO V/$TA APART~EHTS
SCALE 1'=120'
~ INDICATES PARCEL "A'
RIGHT-OF-WAY PUBLIC PARKWAT'S
OF EASTL4KE PARKWAY ~ INDICATES PARCEL "B'
DEDICATED PER MAP NO. I¥~': :] PUBUC ACCESS EASEMENT
12544
LOT/VO. !
CHUIM VISTA TP~4CT
PUBUC ACCESS EASEMENT
PER DOC. 2003-0025084
EXISTING RIGHT-OF-WA~'
EAYfLAKE PARKWAY DEDICATED
PER DOC. RECORDED JANUARY 8,
2003 AS FILE NO. 2003-0025086
O.R,
LOO'
LOT NO. ~
cHUIA VISTA TRACT
NO. 03-04
Exhibit "C"
Description of Maintenance Responsibilities
Rancho Vista Apartments
City's
AREAS REFERENCE DEVELOPER General Fund
MAINTAINS Maintains
1 Easterly Public Parcel "A" and All landscaping and irrigation Public facilities not being
Parkway of Eastlake "B' of Exhibit improvements (including maintained by Developer
Parkway and Public "B" provision of irrigation water) such as: concrete
Access Easements located within the public sidewalks, street lights and
parkways (including street appurtenant equipment,
trees maintenance and traffic signals and
trimming) to be maintained appurtenant equipment.
and replaced at a level equal to
or better than the level of
maintenance and replacement
acceptable to the Director of
Public Works Operations, at
his/her sole discretion,
equivalent to City or
Community Facilities District
maintained right-of-way
facilities.
EXHIBIT "C"
I 1/13/2003
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 11/25/03
ITEM TITLE: Resolution Accepting bids and awarding contract for the "Central
Control and Traffic Communication Links along "H" Street between Fourth
Avenue and Hidden Vista Drive (TF-290)" project to HMS Construction in
the mount of $351,758
SUBMITTED BY: Director of Engineering~
REVIEWED BY: City Manage~ (4/5ths Vote: Yes X No__)
On October 22, 2003, the Director of Engineering received sealed bids from six (6) electrical
contractors for the "Central Control and Traffic Communication Links along "H" Street between
Fourth Avenue and Hidden Vista Drive (TF-290)" project. The project involves the installation of
single mode fiber optic (SMFO) interconnect lines under "H" Street between Fourth Avenue and
Hidden Vista Drive and interconnect lines to six (6) traffic signals along H Street.
RECOMMENDATION:
That Council accept bids and award contract for the "Central Control and Traffic Communication
Links along "H" Street between Fourth Avenue and Hidden Vista Drive (TF-290)" project to HMS
Construction in the amount of $351,758
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This project was approved and budgeted with Traffic Signal Funding in the Fiscal Year (FY) 2000-
2001 Capital Improvement Program (CIP). Costs are fully reimbursable through the Congestion
Mitigation and Air Quality grant (CMAQ) funding of up to the amount of $470,000.
The original scope of the project involved providing "hardwire" interconnect to three traffic signal
groups within the following roadway segments: 1) "F" Street from Broadway to Fourth Avenue, 2)
Fourth Avenue from "F" Street to "H" Street, 3) "H" Street from Fourth Avenue to Hidden Vista
Drive. The project intended to link 12 City traffic signals and two Caltrans signals to the City's
Traffic Management Center (TMC) which in turn would link to the multi-jurisdictional Southbay
Interconnect project.
Page 2, Item
Meeting Date
&
11/25/03
During the design phase, staff eliminated the first segment along "F" Street due to insufficient
funding and coordinated with the City of San Diego to include the second segment along Fourth
Avenue in the Southbay Interconnect project, a federally funded project.
The change from hardwire to fiber optics was also adopted to enhance the coordination among
various signal groups in our City and other agencies. The fiber optic installation would also
eliminate the cost for a telephone drop service currently used by the individual signals to
communicate to the Traffic Management Center (TMC) and would allow for additional maintenance
management and monitoring control of the City's signals.
The work to be done includes, but is not limited to the installation of fiber optic modems to six
controllers, 3" conduits, 12 and 36 single mode fiber optic cables (SMFO), connectors, patch panels,
auxiliary equipment in traffic signal controller cabinets, #6 pull boxes with extensions and
enclosures, fusion splicing, splice vaults and enclosures, and two type 332 cabinets. Other work
includes the protection and restoration of existing improvements, removal and replacement of
pavement and sidewalk, provision of fiber optic testing and documentation, and equipment
maintenance of the existing and electrical equipment.
Bidding Process
Traffic engineering staff recently prepared plans and specifications for this project. Staff also
prepared a recent cost estimate of$385,800 using average unit prices of recently received bids from
contractors on similar types of projects in other jurisdictions.
On October 22,2003, staffreceived bids from the following contractors:
~~[~j.g~~~~~?~~i!~Inc:..~...S~M~~~~,.~:·······j~·~i~~~~~Ni=
~~2""",,~"';I!i'æ~ .... ~ij,Q~id
3 ¡ Pro~Tech En ineerin Co oration - Anaheim, CA, $367,605
4 ¡ Moore Electrical- Corona, CA ' $409,321
---+--------.- - ---- t-
5J:r:t:\«()sF:lt:(;!Tic'Inc,~F:lÇ¡¡j()l1,çi\ ............ ..... ....... ........1 u$41º,~ºº
6 i T & M Electri(;~~¡¡~t:JëIX.F:!t:(;t~(;:~~!t:t:,.~A $424 800
The low bid, submitted by HMS Construction, Inc., of $351,758 is below the final engineer's
estimate of $385,800 by $34,042 or approximately 10%. The Contractor has completed recent
projects in the City with a favorable performance.
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement.
L- ')-
?
/
Page 3, Item ~
Meeting Date 11/25/03
Environmental Status
The work involved in this project is exempt under Section 15301, Class lc of the California
Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public
Structures).
Form of Agreement
The Contract will be awarded on the City's standard Engineering Contract form. The City Attorney
will approve the final form of the contract.
FISCAL IMPACT:
This project was approved and budgeted with Traffic Signal Funding in the Fiscal Year (FY) 2000-
2001 Capital Improvement Program (CIP). Costs are fully reimbursable through the Congestion
Mitigation and Air Quality grant (CMAQ) funding of up to the amount of $470,000. The project
scope was reduced to include the "H" Street segment only due to recent costs increases.
B. Kimley-hom and Associates (PS&E Review) $8,900 'Ii
C. Staff Costs (Design, Construction & Inspection, Contract Administration) $85,000
~ D. Construction Contingencies $24,342 [
ii TOTAL FUNDS REQUIREDv6dc-0 -Xi/fi 'i6h-.......................... $47~0~'--"1
FUNDS AVAILABLE FOR CONSTRUCTION
~ Traffic Signal Fund / CMAG Grant # CMLG 5203 (015) $470,000
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $470,000
There will be additional annual energy and maintenance costs estimated at $1,000 per year associated
with this project.
Attachments: Cona'actor's Disclosttre Statement
J:~Engineer~AGENDA\TF290A 113 .mlcm. doc
THE~ CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary
action by the Council, Planning Commission and all other official bodies of the City, a statement of
disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of
Chula Vista election must be filed. The following information must be disclosed:
I. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, and material supplier.
2. If any person* identified pursuant to (1) above is a corporation or partnership, hst the names of all
~mdividuals with a $2000 investment in the business (co _mqration/partnerShip) entity.
3. If any person* identified pursuant to (1) above is a non-profit or~anization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficim-y or
tzustor of the trust.
4. Please identify every person, including any agents, employees, consultants, or independent
conlractors you have assigned to represent you before the City in this matter.
5. Has any pemon* associated w~th this contract had any financial dealings with an official ~* f the
City of Chula Vista az it relates to this contract within the past 12 months? Yes No
I/Yes, briefly describe the nature of the financial interest the official** may have in this contr, ac~.
6. Have you m,ae a conlribution of more than $250 within the p~:~.-twelve (12) months to a current
member of the Chula Vista City Council? Yes No' ~ I/Yes, which Council member.
7. Have you provided more than $340 (or a.n item of equivalent value) to an official** of the City
of Chula Vista in the past twelve (12) months? Crhis ~s being a source of income, money
~ a legal debt, gin, loan, etc.)Yes No i~>'-~f ~'es, which official** and what was
the nature of item provided? ~ ~ II
Signature of Contractor/Applicant
Print' or type name of Contractor/Applicant
* Person is defined as: any individual,-f:~ copartnership, joint venture, association; social
fratesnal organi~tion, corporation, e~tate, trust, receiver, syndicate, any other county,
~ municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
~. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member ora board, commission, or committee of the City, employee, or staffmemb,rs.
RESOLUTION NO. 2003 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "CENTRAL CONTROL AND TRAFFIC
COMMUNICATION LINKS ALONG "H" STREET BETWEEN
FOURTH AVENUE AND HDDEN VISTA DRIVE (TF-290)"
PROJECT TO HMS CONSTRUCTION IN THE AMOUNT OF
$351,758
WHEREAS, on October 22, 2003, the Director of Engineering received the following six
sealed bids from electrical contractors for the "Central Control and Traffic Communication Links
along H Street between Fourth Avenue and Hidden Vista Drive (TF-290)" project:
NO. CONTRACTOR BID AMOUNT
1 HMS Construction, Inc. $351,758
2 AEC Construction $358,098
3 Pro-Tech Engineering Corporation $367,605
4 Moore Electrical $409,321
5 Lekos Electric, Inc. $410,200
6 T&M Electric dba Perry Electric $424,800
WHEREAS, the project involves the installation of single mode fiber optic interconnect lines
under H Street between Fourth Avenue and Hidden Vista Drive and interconnect lines to six traffic
signals along H Street; and
WHEREAS, this project was approved and budgeted with Traffic Signal Funding in Fiscal
Year 2000-2001 Capital Improvement Program; and
WHEREAS, the low bid by HMS Construction, Inc. is below the Engineer's estimate of
$385,800 by $34,042 or approximately 10% and staff's bid estimate was prepared conservatively
using prices from similar projects; and
WHEREAS, HMS Construction, Inc. has performed satisfactory work for this City in the past
and Engineering staff checked the references provided by the contractor and all references and their
work has been satisfactory; and
WHEREAS, staff has reviewed the low bid and recommends awarding the contract to HMS
Construction, Inc. for $351,758; and
WHEREAS, the work involved in this project is exempt under Section 15301, Class 1 c of the
California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public
Structures).
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby accept the bids and award the contract to HMS Construction, Inc. in the amount of $351,758
for the "Central Control and Traffic Communication Links along H Street between Fourth Avenue
and Hidden Vista Drive (TF-290)" project.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said contract on behalf of the City of Chula Vista.
Presented by Approved as to form by
Clifford Swanson Ann Moore
Director of Engineering City Attorney
J:\attomey\reso\bid\H St.-Fourth and Hidden Vista Dr.
(TF-290)
COUNCIL AGENDA STATEMENT
Item: '~/~
Meeting Date: 11/25/03
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING
UNANTICIPATED STATE DOMESTIC PREPAREDNESS
GRANT FUNDS AND AMENDING THE FY 04 FIRE
DEPARTMENT BUDGET TO APPROPRIATE SAID FUNDS
SUBMITTED BY: Fire Chief~
REVIEWED BY: City Manager~ (4/Sths Vote: Yes X No .)
As part of the State Domestic Preparedness Program the Chula Vista Fire
Department will receive a grant from the County of San Diego, Office of
Emergency Services in the amount of $23,884 for development and training of
Citizen Emergency Response Teams (CERT). These funds will be used to
reimburse staff costs associated with the program and purchase equipment
needed to equip and train two CERT Teams.
RECOMMENDATION: That Council adopt the resolution accepting the
unanticipated grant funds in the amount of $23,884 and amend the FY04 budget
to appropriate $12,900 for personnel services, $1,972 for services and supplies
and $9,012 for other equipment to be purchased from the fire department's
operating capital budget.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
The County of San Diego, Office of Emergency Services is providing funding to
Focal fire departments within its emergency services operational area for
implementation of Citizen Emergency Response Teams (CERT). The funds are
to be used to pay for staff time associated with the project and purchase related
program services and equipment.
CERT is a nationwide program that activates trained citizens and city employees
to assume leadership and supportive roles during a catastrophic event. CERT
training promotes a partnering effort between emergency services and the
community. The goal is to train members of the community with basic
emergency response skills. CERT members are then integrated into the
emergency response capability for a specific geographic area. They are
particularly useful in the event of a disastrous situation where there may be
delays in fire and police response. In these situations, CERT members can
assist others by applying basic response and organizational skills until help
arrives.
The first group of volunteers trained as members of the City of Chula Vista's
Citizens Emergency Response Team (CERT) graduated on August 16, 2003.
The graduating class was composed of ten citizen volunteers who successfully
completed an intensive federally approved disaster preparedness-training
program. An additional 10 are currently in training. The Fire Department's goal
is to continue to train and develop CERT teams throughout the City.
This grant provides funds to train and equip two CERT teams. It will specifically
reimburse the City for CERT Program personnel costs, services and supplies
and related equipment. As part of this grant, the fire department will purchase a
laptop and LCD projector needed to conduct community training. In addition, two
CERT Kits and an equipment trailer will be purchased to equip CERT teams.
FISCAL IMPACT
Acceptance of this grant will provide funding for development and training of four
CERT Teams. The total amount allocated to the Chula Vista Fire Department
services and supplies budget and operating capital budget is $23,884. There are
no matching funds required or General Fund impacts projected.
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING UNANTICIPATED STATE DOMESTIC
PREPAREDNESS GRANT FUNDS AND AMENDING THE FY 04 FIRE
DEPARTMENT BUDGET TO APPROPRIATE SAID FUNDS
WHEREAS, the County of San Diego, Office of Emergency Services is
providing funding to local fire departments within its emergency services
operational area for implementation of Citizen Emergency Response Teams
(CERT); and,
WHEREAS, CERT is a nationwide program that activates trained citizens
and city employees to assume leadership and supportive roles during a
catastrophic event; and,
WHEREAS, the Chula Vista Fire Department will receive $23,884 for
development and training of Citizen Emergency Response Teams (CERT); and,
WHEREAS, the funds are to be used to pay for staff time associated with
the project and purchase related program services and equipment; and,
WHEREAS, the fire department will purchase a laptop and projector
needed to conduct community training as well as two CERT Kits and an
equipment trailer.
WHEREAS, the City of Chula Vista's first Citizens Emergency Response
Team (CERT) graduated on August 16, 2003; and,
WHEREAS, this grant will enable the Fire Department develop, train and
equip two new CERT Teams.
NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Council hereby
adopts the resolution accepting the unanticipated grant funds in the amount of
$23,884 and amends the FY 04 fire department budget to appropriate $12,900 for
personnel services, $1,972 for services and supplies and $9,012 for other
equipment to be purchased from the fire department's operating capital budget.
Presented by: Approved as to form by:
~irer~e~. eerr~----~ ~ AM~oOrmeey
H:shared/attomey/CERT RESO (Fire) ~ f~
COUNCIL AGENDA STATEMENT
Item
Meeting Date 11/25/2003
ITEM TITLE: Resolution Amending the budget to add two
unclassified positions, California Border Alliance Group
(CBAG) Program Manager and CBAG Program Analyst; and
appropriate $121,031 to the Police Department from the
available balance of the General Fund based on unanticipated
revenues.
Ordinance Amending Chula Vista Municipal Code Section 2.05.010
relating to the establishment of unclassified positions.
SUBMITTED BY: Chief of Police~"~
REVIEWED BY: City Manager,,~ (415th Vote: Yes X No .)
The California Border Alliance Group (CBAG) has requested the addition of a new position
of CBAG Program Manager and adding an additional CBAG Program Analyst to their staff.
Additionally, Chula Vista City Charter section 500 requires that all unclassified positions not
mentioned specifically in Charter section 500 be adopted by Ordinance. The Police
Department requests the addition of the position of CBAG Program Manager to the
unclassified service.
RECOMMENDATION: That Council adopt the resolution amending the budget to add two
unclassified positions, California Border Alliance Group (CBAG) Program Manager and
CBAG Program Analyst; and appropriate $121,031 to the Police Department from the
available balance of the General Fund based on unanticipated revenues.
That Council approve the Ordinance amending the Chula Vista Municipal Code Section
2.05.010 relating to the establishment of unclassified positions.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: The Police Department entered into an agreement with the Office of
National Drug Control Policy in 1996 to be the fiscal agent for the California Border Alliance
Group (CBAG). CBAG is part of the Southwest Border High Intensity Drug Trafficking Area.
In essence, the City receives full funding, plus a 3% administrative fee, to hire and
administer benefits for CBAG positions. To date, there are currently 10 CBAG positions
with the City of Chula Vista that are fully funded from the Office of National Drug Control
Policy.
CBAG PROGRAM MANAGER
This is a new classification for CBAG. This position formulates, evaluates and oversees
international and domestic drug trafficking on public National Public Lands Initiative lands
Page 2, Item __
Meeting Date 11/25/03
and ensures that such duties sustain and compliment federal, state and local efforts. This
position provides guidance in HIDTA coordination, development and implementation of
drug related activities and drug trafficking organization using public lands. Further, this
position may be required to assist the National HIDTA Program Office in review of annual
reports, strategies and initiatives as well as provide on-site program reviews conducted at
the various HIDTA offices, nation-wide.
The "E" step annual salary for this position will be $93,575. This position is considered
"Unclassified" due to the nature of the funding for this position. This position will receive the
"Mid-Managers" benefit package.
CBAG PROGRAM ANALYST
This position will provide multi-disciplinary coordination involving law enforcement
agencies, prosecutors, child protective service agencies, and medical providers. This
position also develops training plans and Drug Endangered Children (DEC) concept to all
areas of the U.S., establishes uniform protocols and procedures, standardized training, and
coordination of resources. Additionally, the CBAG Program Analyst will provide assistance
to individual states and applicable agencies within that state, and to the National DEC
Conference Advisory Board / National DEC Alliance entity.
The "E" step annual salary for this position is currently $83,000. This position is considered
"Unclassified" due to the nature of the funding for this position. This position will receive the
"Mid-Managers" benefit package.
All additions will become effective November 26, 2003.
Chula Vista City Charter section 500 requires that all unclassified positions not mentioned
specifically in Charter section 500 be adopted by Ordinance. The Police Department
requests the addition of the position of CBAG PROGRAM MANAGER to the unclassified
service. Consequently, Section 2.05.010 must be amended to reflect the changes to the
unclassified positions.
FISCAL IMPACT: The cost to for these adjustments/additions for FY 04 is $121,031.
However, CBAG will fully reimburse the City for the cost of this position, including a 3%
administrative fee. Therefore, there is no cost to the General Fund for this fiscal year or
succeeding fiscal years.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE BUDGET TO ADD TWO UNCLASSIFIED
POSITIONS, CALIFORNIA BORDER ALLIANCE GROUP (CBAG)
PROGRAM MANAGER AND CBAG PROGRAM ANALYST; AND
APPROPRIATE $121,031 TO THE POLICE DEPARTMENT FROM
THE AVAILABLE BALANCE OF THE GENERAL FUND BASED ON
UNANTICIPATED REVENUES.
WHEREAS, the City of Chula Vista is the fiscal agent for the Office of National
Drug Control Policy and the California Border Alliance (CBAG); and,
WHEREAS, the City of Chula Vista is fully reimbursed for all CBAG positions;
and,
WHEREAS, The California Border Alliance Group (CBAG) has requested the
addition of a new position of CBAG Program Manager and adding an additional CBAG
Program Analyst to their staff;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby amend the budget to add two unclassified positions, CBAG
Program Manager and CBAG Program Analyst; and appropriate $121,031 to the Police
Department from the available balance of the General Fund based on unanticipated
revenues.
: Approved as to form by:
I~,ichard P. Emerson Ann Moore
Police Chief City Attorney
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL
CODE SECTION 2.05.010, RELATING TO THE
ESTABLISHMENT OF UNCLASSIFIED POSITIONS.
WHEREAS, the Human Resources Department has created new classifications
to better reflect the needs of the City's workforce; and
WHEREAS, the Charter Section 500(a) requires that all new unclassified
management level positions be adopted by ordinance and a four-fifths vote of the
Council.
NOW THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.05.010 Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of
the Charter of the city, there are established the unclassified positions entitled deputy
city manager, administrative services manager, deputy fire chief, assistant fire chief,
assistant chief of police, assistant director of finance, assistant director of budget and
analysis, fiscal operations manager, funds development strategic planning manager,
purchasing agent, treasury manager, assistant director of human resources, director of
employee development, risk manager, assistant director of public works and operations,
assistant director of building and housing, deputy building official, building services
manager, building and park construction manager, parks and open space manager,
assistant director of recreation, housing coordinator, real property manager, transit
coordinator, assistant director of community development, community relations
manager, Western Chula Vista development manager, traffic engineer, deputy director
of engineering, assistant library director, chief learning officer, director of
communications, police captain, director of conservation and environmental services,
deputy director of planning, assistant director of planning, special planning projects
manager, general plan project manager, chief of staff, constituent services manager,
community liaison (assigned to the Office of the Mayor and City Council), California
border alliance group deputy executive director, California border alliance group budget
manager, California border alliance group methamphetamine strike force coordinator,
California border alliance group network administrator, California border alliance group
operations/intelligence coordinator, California Border Alliance Program Manager,
CSDocuments and Settings\sharonm\Local Settings\Temporary Internet Files\OLKC7\Unclassified Position
Ordcbagprogmanagerno ul.doc
California border alliance group program analyst, California border alliance group
management assistant and California border alliance group network assistant.
SECTION I1: This ordinance shall take effect and be in full force and effect upon
its second reading and adoption.
Submitted by: Approved as to form by:
Marcia Raskin Ann Moore
Director of Human Resources City Attorney
C:\Documents and Settings\sharonm\Local Settings\Temporary Internet Files\OLKC7\Unclassified Position
Ordcbagprogmanagernoul.doc
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 11/25/03
ITEM TITLE: Resolution approving thc application for grant funds
from the Murray-Hayden Urban Parks and Youth Service Program
under the California Clean Water, Clean Air, Safe Neighborhood
Parks, and Coastal Protection Bond Act of 2002
SUBMITTED
BY:
Director
of Recreation tq~f~o('tS~t~_
of General Se~ices &~ ·
Director
REVIEWED BY: City Managcr~2 (4/5tbs Vote: Yes__ No X _)
Competitive grant funds arc available from thc State of California Department of Parks
and Recreation through thc Murray-Hayden Urban Parks and Youth Services Program
under thc California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
Protection Bond Act of 2002. The Recreation and General Services Departments
recommend that the City apply for these grant funds for the renovation and upgrade of
Otay Park, a heavily-used neighborhood park in the southwest section of the City. Grant
funds in the amount of $1,335,857 would be sought for the renovation of Otay Park
(hereinafter "the Project"), located at 1613 Albany Avenue.
STAFF RECOMMENDATION: That thc Council adopt thc Resolution:
1. Authorizing the filing of an application for local assistance funds from the
Murray-Hayden Program under the Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Bond Act of 2002; and
2. Certifying that the City has sufficient funds to operate and maintain the
Project; and
3. Certifying that the City has reviewed, understands and agrees to the General
Provisions contained in the Contract shown in the Procedural Guide (attached
as Attachment A); and
4. Certifying that the project is consistent with the Park and Recreation Element
of the General Plan, as approved by Council by Resolution 15176 dated July
11, 1989 and the Otay Park Master Plan, as approved by Council by
Resolution 17501 dated May 24, 1994;
5. Appointing the Director of General Services as agent to conduct all
negotiations, execute and submit all documents including, but not limited to,
applications, agreements, payment requests and so on, which may be
necessary for the completion of the Project.
Page 2, Item: C7
Meeting Date: 11/25/03
BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation
Commission originally approved the submittal of this grant application at its March 22,
2002 meeting and was advised of the proposed grant submission at its October 16, 2003
meeting.
DISCUSSION:
The intent of the Murray-Hayden Program, under thc Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Bond Act of 2002 is to provide grant
funding to eligible applicants for eligible capital projects, including parks, park facilities,
environmental enhancement projects, youth centers, and environmental youth service
centers that are within a one-mile radius of a neighborhood (Neighborhood Service Area)
that meets the following State Department of Parks and Recreation criteria:
Has a critical lack of parks and/or open space, and/or deteriorated park facilities;
· Has significant poverty and unemployment; and
· Has a shortage of services for youth
Under the State guidelines, the City of Chula Vista qualifies as an eligible applicant, as
the City can be defined as a "heavily urbanized city", by its location within San Diego
County, which can be considered a "heavily urbanized county" by virtue of a population
in excess of 750,000.
Eligible capital projects include acquisition and development, development, and
rehabilitation. Approximately $46,675,000 is available for capital projects. The grant
request may be $100,000 to $2.5 million per project. Thc application submittal deadline
is December 15, 2003.
The Recreation and General Services Departments believe the best candidate for this very
competitive grant process is Otay Park in the Otay Community. Otay Park is an existing
4.2-acre neighborhood park located in the southwest section of the City at 1613 Albany
Avenue and is in need of significant improvements to upgrade the park amenities to
benefit the surrounding neighborhood. The Neighborhood Service Area is a one-mile
radius circling Otay Park. As geographical reference, this service area would be west to
Beyer Blvd; east to Malta Avenue; north to Palomar; and south to Palm Avenue. Council
approved a master plan for the park site in May of 1994. Funding is needed for both the
development of construction documents and the actual construction of the approved new
park amenities. Renovation of this park is an eligible development or rehabilitation
project under the grant. This park was selected for the following reasons:
· The current facility allows only limited use, and when rehabilitated, will
provide expanded use. The open area of Otay Park consists of a large turf
area with approximately six picnic tables. Of these picnic tables, only one
is made of cement with the others being constructed of wood, which have
Page 3, Item: v]
Meeting Date: 11/25/03
a shorter lifespan and require much more maintenance. There is also
playground equipment for young children that needs to be upgraded;
· There is a critical lack of open space in this Neighborhood Service Area,
which has a population of 37,467 per the 2000 Census Tract. In this
Neighborhood Service Area there are 1.85 acres of park and/or open space
land per 1,000 residents currently maintained for public recreation. The
definition for "critical lack of park and open space" by the Murray-
Hayden Urban Parks and Youth Services Program is less than 5 acres of
park and/or open space land per 1,000 residents;
· According to the Chula Vista Elementary School District on average
71.5% of the student population of the two closest elementary schools
within the Neighborhood Service Area participate in the federal free lunch
program, thereby reflecting a relatively high rate of poverty;
· Per the 2000 Census Tract, the unemployment average of the
Neighborhood Service Area is 8.9%;
· A need for youth services prevails in the Neighborhood Service Area since
Otay Park, Otay Recreation Center, and Loma Verde Recreation Center
provide the only services in the Neighborhood Service Area;
The approved Park Master plan design development was a collaborative effort that
included a series of meetings with the adjacent residents, City administrative staff, the
School Board for the Chula Vista Elementary School District, the principal of Otay
Elementary School, and the Metropolitan Area Advisory Committee. The approved Park
Master plan design responded to park and recreation needs of the adjacent neighborhood
and includes the following amenities:
· A Community Gathering place containing a plaza area, a new public restroom
(which was completed in 2003), a shaded arbor for group picnics, two play areas
separated by age, an elevated concrete platform/stage area providing a venue for
neighborhood cultural events
Active Recreation Use Areas including a multi-purpose sports field and a
decomposed granite jogging path circumnavigating the park site
Attachment B shows the detailed estimate of probable cost for this project, estimated to
cost approximately $1,335,857.
If awarded this grant, staff will bring forward to Council a resolution appropriating
monies fi'om the State to fund this project as part of the City's Capital Improvement
Program. A contract with the State must then be in place by June 30, 2005, with project
completion by June 30, 2010. If the grant is awarded to the City, staff anticipates a
completion date of 18 months from the funding date.
Page 4, Item: "[
Meeting Date: 11/25/03
FISCAL IMPACT: The matching fund requirement that was previously part of this
grant has been deleted. If successful the grant will provide $1,335,857 in unanticipated
revenues to the City Of Chula Vista for renovations to Otay Park.
Attachment A - Sample Grant Contract/Procedural Guide
Attachment B - Detailed Cost Estimate - Otay Park Renovation
ATrACHMENT "A"
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2002 Resources Bond Act
MURRAY-HAYDEN PROGRAM
GRANTEE
PROJECT TITLE PROJECT NUMBER
PROJECT PERFORMANCE PERIOD is from through
Under the terms and conditions of this Contract. the Grantee agrees to complete the Project as described in the Project
description, and the State of California, acting through its Director of Parks and Recreation, pursuant to the Murray-Hayden
Program in the California Clean Water. Clean Air. Safe Neighborhood Parks and Coastal' Protection Act of 2002, agrees to fund
the Project up to the total State Grant Amount indicated.
PROJECT DESCRIPTION:
Total State Grant Amount not to exceed
The General and:Special Provisions attached are
made apart of and incorporateo into the Contract.
Grantee
By
(Typed or Printed Name of Authorized Representative) Sq;ATE-OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
(Signature of Authorized Representativet
Title By
Date Date
~ERTIFICATION~)FFUNDING(FOR STATE USE ONLY)
AMOUNT OF ESTIMATE $ :CONTRA~-~'T~NUMBER FUND
UNEN~0~5 BA~hCE $ ..........................................................................
T.B.A. Nb;"" ~.N~ InDeX PCA ~;~XPEND
Grant Contract
Special Provisions
General Provisions
A. Definitions
1. The term "Act" as used herein means the Appropriation for the Program.
2. The term "Application" as used herein means the individual Application and its required
attachments for grants pursuant to the enabling legislation and/or Program.
3. The term "Acquisition" means to obtain fee title or a lesser interest in real property, including
specifically, a consen/ation easement or Development rights.
4. The term "Department" means the California Department of Parks and Recreation.
5. The term "Development" means including, but not limited to, improvement, rehabilitation,
restoration, enhancement, preservation, protection, and interpretation. Bond Act funds may only
be used for Capital Improvement.
6. The term "Grantee" as used herein means the party described as the Grantee on page 1 of
this Contract. The term "Project" as used herein means the Project described on page 1 of this
Contract.
7. The term "State" as used herein means the State of California Department of Parks and
Recreation.
B. Project Execution
1. Subject to the availability of grant monies in the Act, the State hereby grants to the Grantee a
sum of money (grant monies) not to exceed the amount stated on page 1, in consideration of,
and on condition that, the sum be expended in carrying out the purposes as set forth in the
Description of Project on page 1, and under the terms and conditions set forth in this Contract.
The Grantee shall assume any obligation to furnish any additional funds that may be necessary
to complete the Project. Any modification or alteration in the Project as set forth in the
Application on file with the State must be submitted to the State for approval.
2. The Grantee shall complete the Project in accordance with the time of Project Performance set
forth on page 1, and under the terms and conditions of this Contract.
3. The Grantee shall comply as lead agency with the California Environmental Quality Act (Public
Resources Code., Section 21000, et. seq., Title 14, California Code of Requlafions. Section
15000 et. seq.)
4. The Grantee shall comply with all applicable current laws and regulations affecting Development
Projects, including, but not limited to, legal requirements for construction contracts, building
codes, health and safety codes, and laws and codes pertaining to individuals with disabilities.
5. The Grantee shall permit periodic site visits, including a final inspection upon Project completion
by the State, to determine if Development work is in accordance with the approved Project
Scope.
6. Prior to the commencement of any work, the Grantee agrees to submit any significant deviation
from the original Project Scope in writing to the State for prior approval. Changes in the Project
Scope must be approved in writing by the State and must meet the exact need described in the
original Project Application.
7. If the Project includes Acquisition of real property, the Grantee agrees to comply with all
applicable State and local laws or ordinances affecting relocation and real property
Acquisition.
8. The Grantee shall provide for public access to Project facilities in accordance with the intent and
provisions of the enabling legislation and/or Program.
9. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and
demonstrate to the satisfaction of the State that the proposed Project will provide public
benefits that are commensurate with the type and duration of the interest in land, as
determined by the State, that is held by the Grantee.
10. The Grantee shall maintain and operate the property funded for a period that is
commensurate with the type of Project and the proportion of State funds allocated to the
capital costs of the Project. With the approval of the State, the Grantee, or the Grantee's
successor in interest in the property, may transfer the responsibility to maintain and operate
the property in accordance with this section. The Grantee shall use the property only for the
purposes for which the grant was made and shall make no other use or sale or other
disposition of the property, except as authorized by specific Act of the Legislature. The
agreements specified in this section shall not prevent the transfer of the property from the
Grantee to a public agency, if the successor public agency assumes the obligations imposed
by those agreements. If the use of the property is changed toa use that is not permitted by
the category from which the grant funds were appropriated, or if the property is sold or
otherwise disposed of, an amount equal to (1) the amount of the grant, (2) the fair market
value of the real property, or (3) the proceeds from the sale or other disposition, whichever is
greater, shall be used by the Grantee for a purpose authorized by that category, pursuant to
agreement with the State as specified in this section, or shall be reimbursed to the fund and
be available for Appropriation by the Legislature only for a purpose authorized by that
category. If the property sold or otherwise disposed of is less than the entire interest in the
property funded with the grant, an amount equal to either the proceeds from the sale or other
disposition of the interest or the fair market value of the interest sold or otherwise disposed
of, whichever is greater, shall be used by the Grantee for a purpose authorized by the
category from which the funds were appropriated, pursuant to agreement with the State as
specified in this section, or shall be reimbursed to the fund and be available for Appropriation
by the Legislature only for a use authorized by that category.
11. Lands or interests in land acquired with grant funds shall be acquired from a willing seller.
C. Project Costs
The grant monies to be provided to the Grantee under this Contract may be disbursed as follows:
1. If the Project includes Acquisition of real property, the State may disburse to the Grantee the
grant monies as follows, but not to exceed, in any event, the total State Grant Amount set forth
on page 1 of this Contract:
a. Up to a 10% advance of the total State Grant Amount
b. After the property is in escrow, the Grantee may request up to 80% of the total State Grant
Amount as specified in the approved Application, or 100% of the actual Acquisition cost,
whichever is less. The Grantee shall immediately place these funds in escrow.
c. The remaining State grant funds shall be paid up to the amount of the grant or the actual
Project cost, whichever is less, on completion of the Project and receipt of a detailed
summary of Project costs from the Grantee.
2. If the Project includes Development, the State may disburse to the Grantee the grant monies as
follows, but not to exceed in any event the total State Grant Amount set forth of page I of this
Contract:
a. Up to a 10% advance of the total State Grant Amount.
b. On proof of award of a construction contract or commencement of construction by force
account, up to 80% of the total State Grant Amount, not to exceed 80% of the total dollar
amount of any or all awarded construction contracts.
c. The remaining State grant funds shall be paid up to the amount of the grant or the actual
Project cost, whichever is less, on completion of the Project and receipt of a detailed
summary of Project costs from the Grantee.
D. Project Administration
1. The Grantee shall promptly submit written Project reports as the State may request.
In any event, the Grantee shall provide the State a report showing total final Project
expenditures.
2. The Grantee shall make property and facilities developed pursuant to this Contract available
for inspection upon request by the State.
3. The Grantee shall use any monies advanced by the State under the terms of this Contract
solely for the Project herein described.
4. If grant monies are advanced, the Grantee shall place these monies in a separate interest
bearing account, setting up and identifying such account prior to the advance. Interest
earned on grant monies shall be used on the Project, as approved by the State. If grant
monies are advanced and not expended, the unused portion of the grant shall be returned to
the State within 60 days of completion of the Project or end of the Project Performance
Period, whichever is eadier.
5. The Grantee shall use income earned by the Grantee from use of the Project to further
Project purposes, or, if approved by the State, for related purposes within the Grantee's
jurisdiction.
E. Project Termination
1. Any grant funds that have not been expended by the Grantee shall revert to the fund and be
available for Appropriation by the Legislature for one or more of the local assistance
programs that the Legislature determines to be the highest priority Statewide.
2. The Grantee may unilaterally rescind this Contract at any time prior to the commencement of the
Project. After Project commencement this Contract may be rescinded, modified or amended
only by mutual agreement in writing between the Grantee and the State.
3. Failure by the Grantee to comply with the terms of this Contract or any other Contract under the
Act may be cause for suspension of all obligations of the State hereunder. However, such
failure shall not be cause for the suspension of all obligations of the State hereunder if in the
judgment of the State such failure was due to no fault of the Grantee. In such case, any amount
required to settle at minimum cost any irrevocable obligations prepedy incurred shall be eligible
for reimbursement under this Contract.
4. Because the benefit to be derived by the State, from the full compliance by the Grantee with the
terms of this Contract, is the preservation, protection and net increase in the quantity and quality
of parks, public recreation facilities and/or Historical Resources available to the people of the
State of California and because such benefit exceeds to an immeasurable and unascertainable
extent, the amount of money furnished by the State by way of grant monies under the previsions
of this Contract, the Grantee agrees that payment by the Grantee to the State of an amount
equal to the amount of the grant monies disbursed under this Contract by the State would be
inadequate compensation to the State for any breach by the Grantee of this Contract. The
Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the
Grantee of this Contract shall be the specific performance of this Contract, unless otherwise
agreed to by the State.
5. The Grantee and the State agree that if the Project includes Development, final payment may
not be made until the Project conforms substantially to this Contract.
F. Hold Harmless
1. The Grantee shall waive alt claims and recourse against the State including the right to
contribution for loss or damage to persons or property arising from, growing out of or in any way
connected with or incident to this Contract except claims arising from the concurrent or sole
negligence of the State, its officers, agents, and employees.
2. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and
employees against any and all claims, demands, damages, costs, expenses or liability costs
arising out of the Acquisition, Development, construction, operation or maintenance of the
property described as the Project ~/nich claims, demands or causes of action arise under
Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or
sole negligence of the State, its officers, agents, or employees.
3. The Grantee agrees that in the event the State is named as codefendant under the
provisions of Government Code Section 895 et. seq., the Grantee shall notify the State of such
fact and shall represent the State in the legal action unless the State undertakes to represent
itself as codefendant in such legal action in which event the State shall bear its own litigation
costs, expenses, and attorney's fees.
4. The Grantee and the State agree that in the event of judgment entered against the State
and the Grantee because of the concurrent negligence of the State and the Grantee, their
officers, agents, or employees, an apportionment of liability to pay such judgment shall be made
by a court of competent jurisdiction. Neither party shall request a jury apportionment.
5. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and
employees against any and all claims, demands, costs, expenses or liability costs arising out of
legal actions pursuant to items to which the Grantee has certified. The Grantee acknowledges
that it is solely responsible for compliance with items to which it has certified.
G. Financial Records
1. The Grantee shall maintain satisfactory financial accounts, documents and records for the
Project and to make them available to the State for auditing at reasonable times. The Grantee
also agrees to retain such financial accounts, documents and records for three years following
Project termination or final payment.
The Grantee and the State agree that during regular office hours each of the parties hereto and
their duly authorized representatives shall have the right to inspect and make copies of any
books, records or reports of the other party pertaining to this Contract or matters related thereto.
The Grantee shall maintain and make available for inspection by the State accurate records of
all of its costs, disbursements and receipts with respect to its activities under this Contract.
2. The Grantee shall use a generally accepted accounting system.
H. Use of facilities
1. The Grantee agrees that the Grantee shatl use the property developed with grant monies
under this Contract only for the purposes for which the State grant monies were requested
and no other use of the area shall be permitted except by specific Act of the Legislature.
2. The Grantee shall maintain and operate the property developed for a period commensurate
with the type of Project and the proportion of State grant funds and local funds allocated to
the capital costs of the Project, as determined by the State.
I. Nondiscrimination
1. The Grantee shall not discriminate against any person on the basis of sex, race, color,
national origin, age, religion, ancestry, sexual orientation, or disability in the use of any
property or facility developed pursuant to this Contract.
2. The Grantee shall not discriminate against any person on the basis of residence except to
the extent that reasonable differences in admission or other fees may be maintained on the
basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the
special provisions of this Project Contract or under provisions of the enabling legislation
and/or Program.
J. Application Incorporation
The Application and any subsequent change or addition approved by the State is hereby
incorporated in this Contract as though set forth in full in this Contract.
K. Severability
If any provision of this Contract or the Application thereof is held invalid, that invalidity shall not
affect other provisions or Applications of the Contract which can be given effect without the invalid
provision or Application, and to this end the provisions of this Contract are severable.
//
ATTACHMENT B
Otay Park Renovation Summary
Estimate of Probable Cost
PROJECT DEVELOPMENT COSTS
_ I ]Project Deve;upi~ent: Design, Coordination, Fees/Bonds & Inspection $236,273.9E
_~Contingency (15% of Construction Estimate): $136.311.9(
Total PROJECT DEVELOPMENT COSTS: $372~585 8'
CAPITAL IMPROVEMENT COSTS
II Site Preparation
--III Plaza Area $212,432.0l]
IV Slope Area -- _ _$454,658.00
V Open Turf Area . ...... $72,396.00
$169,260.00
VI . 1 Year Contractor Establishment/Maintenance ~54,524.76
- __ Total CAPITAL IMPROVEMENT COSTS: ~963T270.76
GRAND TOTAL PARK: ~1T335T856,~;
Otay Park Renovation-Program Elements
Estimate of Probable Cost
Item Unit of
No. Description Quantity Measure Unit Cost Total Cost
I PROJECT DEVELOPMENT: Design, Coordination,
Fees/Bonds & Inspection Services
1
Design Services: Landscape Architect (lead), Civil 1 ' LS $90,874.6£ $90,874.60
Engineer, Mechanical Engineer, Lighting Designer /
Electrical Engineer, (10% of Construction Estimate)
2 St~rvices: Pmj~c{ Man~ementl ~a~e~k, ~ L~ $54,524.76 ' $54-,5-24.7~
~ Coordination, (6% of Construction Estimate)
3 Permit Fees (2% of Construction Estimate) ~' ~ - LS _-- $1~8,17~92 $18,174.92
_4_ __Mobil~i_z_ation (3% of Construction Estimate) 1 L-S $27,262.38 $27,262.38
5 Bonds (1% of Construction Estimate) 1 L~ - $~,087.46 $9,087.46
6 Construction InsPection (3.5% Of Construction Est m~ ~ -- L~ $36,349.84 - $36T349.84
Total PROJ. DEVELOPMENT SERVICES: $236T273.~6
II SITE PREPARATION
_ ~7 Clearin~ & Grubb_in_ g ....... 1 __ LS $;~8,150.00 $38,150.00
~8 Play Area Removal 1 L,~ $3,270.00 $~,,270.00
9 Picnic Shelter Removal ~ L~ $2~180.00, $2,180.0(
10 Concrete Flatwork Removal .. __1_-. _ L~S _. $2,834.0(; __- $2,83_4.0¢
1~1 Concrete Stair Removal 1 LS _$5,668.00 $5,66_8.0(;
12 Drainage Structure Removal: Open Concrete Swale 1 LS $2,180.00 $2,180.0~
from Headwall to Catch Basin
1~ Constructio__n Surve~yin~ .... ' 1 - L~- - ' $5,4~50.00 --- $5,450.00
14 Earthwork . _ 1 ~~Ls $~2,700.00 $32,700.00
15 Irrig~ation Water Meter 2 EA $10,000.00 $20,000.00
16 Subsurface Drainage: Conversion/Removal of Open ~ .... ~; -- $100,000.00 $100,000.00
System to Subsurface System. Drainage Allowance
for Entire Park Site Drainage System.
Total SITE PRE'ARA TION: $212~432.00
Murray Hayden Grant Application Page 1 11/19/2003
ATTACHMENT B
Otay Park Renovation-Program Elements
Estimate of Probable Cost
Item Unit of
No. Description Quantity Measure Unit Cost Total Cost
III PLAZA AREA
A~chitecture
_~ 7 Picnic Shelter 1 LS $57,600.00 $57,600.00
S~btotal Plaza Architecture: $57,600.00
Landscape Construction
18 Concret_e Steps at _St~age Area _ 165 LF ~ $28.00 $4,620.00
19 Pedestrian Ramps 2 EA L $327.00 $654.00
20 Concrete Paving - Standard 17770 SF i - $4.50 $79,965.00
21 Concrete Paving- Enhanced 2650 SF I $61~{~ ~7,~2-5~0~
22 Concrete Mowcurb at Play Area _ - 90- L~ I $1--2~5~ -$1~,125.00
23 Pla Area-Children's ' '
__~ ....... 1 LS $45,000.00 $45,000.00
24 Pl__ay Area - Tots 1 LS $60,000.00 $60,000.00
25 Sit__e_.S~ecurity Lig.hting: !5_'_Poles _ _ 1~ ' ~A $3,20_0 oo $57,600.00
_26 Monument Signage with Lighting (4'x25') 1 EA $15,~00~0.00 _ $15,000.00
27 Standard Picnic Tabl_e 5 EA ~1_,804.__00-, $9,02__0:_0~0
28 ADA Picni~c_ Table 1 EA $1 804.001 $1,804.00
27 Seat Bench: 6' Length 1_0 i EA $1,500.00 $15,000.00
30 Trash Receptacle
.... 8 , EA $642.0(] ~511'~6.00
~31 Hot A~sh Recep__t~_cl~ _ ~ ~ EA _ ~-642.00 $1
32 O_rinking Fo__untain 1 EA $5,500-.~)0 __$5,500.00,
33 . B~R_a_ck ___ i EA $950.00 ~950.0(:
_____ Subtotal Plaza Landscape Construction: $319,883.0~
34 Turf Area Irrig~ti~ J 3~100~ ~id" [ $1.20_-- ~-;~91~20.0(:
Subtotal Plaza Irrigation: $39,720.0{~
Plantin.~[ -
35 S~oil Prepar~ti~on and Fine Grading 33_100 SF . $0.25
36 Palm Tree 24 EA $700.00 $16,800.00
37 36" Box Tree 7 EA $800.0-0 $5,600.00
3_8 24" Bo~x_ Tree !0 ' EA $3,20_.00 _ $3,200.0~0
39 5 Gallon Vine 9 EA i $30.00 $270.00
40 ~urfi"Hydroseed_ Bermuda H_y~rid I 33100 SF ~ ~ ~110 $3,310.00
....... Subtotal Plaza Planting $37~455.00
Total PLAZA AREA: $454~658.00
IV SLOPE AREA
_ Land~-cap~tructi°n -
41 Con_crete Steps at East Neighborhood Access 190 LF $28.00 $5,320.00
42 Concrete Paving at East Neighborhood Access 400 SF $4.50 $1,800.00
43_ Handrail for Steps at East Neighborhood Access 125 LF $45.00 $5,625.00
Subtotal Slope Landscap~'Constru~tion: $12,745.00
44 Slope Shrub Areas Irrigation · 23100_ ~ SF ~ $~ 20 $27,720.00
_ Subtotal Slope Irrigatip_n: $2~7 720.00
Plantinf:l
45 Soil Preparation and Fine Grading 2310~) SF ~ _~_01'~5 --~5,~75.0C
46 Inert Cover: 3" Deep.._La~yer of Mulch . . 2310__0_ _S_F $0.26 $6,006.0£
4_7 15 Gallon Trees . _ 23 ! EA $100.00 $2,300.0(:
48 1 Gallon Shrubs -255~ _ E~ _ - $7.00 --$17,850.0(:
Subtotal Slope Planting: $31 ~931.0{~
Total SLOPE AREA: $72r396.0~
Murray Hayden Grant Application Page 2 11/19/2003
ATTACHMENT B
Otay Park Renovation-Program Elements
Estimate of Probable Cost
Item Unit of
No, Description Quantity Measu~ Unit Cost Total Cost
V OPEN TURF PLAY AREA
IrriRation
49 Turf Area Irrigation 109200 SF $1.20 $131
_. Su~btotal Open Turf Irrigation: $13t,040.0(~
Plantinf]
~50 Soil Preparation and Fine Grading 109200 SF $0.25 $27,300.0(;
_5_~1 Turf: Hydroseed Bermuda Hybrid 109200 SF $0.1(~ ~10,920.0(;
Subtotal Planting:: $38~220.0{~
Total OPEN TURF PLA Y AREAS: $169~260.0{~
VII CONTRACTOR MAINTENANCE ~ t
52 1 Year Maintenance (6% of Construction Estimate) 1 LS $54,524.7( $54~52~.7-~
Total MAINTENANCE: $54~524.7E
Murray Hayden Grant Application Page 3 11/19/2003
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE APPLICATION FOR GRANT
FUNDS FROM THE MURRAY-HAYDEN URBAN PARKS AND
YOUTH SERVICE PROGRAM UNDER THE CALIFORNIA
CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS,
AND COASTAL PROTECTION BOND ACT OF 2002
WHEREAS, the people of the State of California have enacted the Murray-Hayden
Program, which provides funds to the State of California for grants to local agencies, nonprofit
organization, and federally recognized California Indian tribes for parks, park facilities,
Environmental Enhancement Projects, and Environmental Youth Service Centers that are within
the Immediate Proximity of a neighborhood that has been identified by the Department as having
a critical lack of park or open-space lands or Deteriorated Park Facilities, that are in an area of
Significant Poverty and unemployment, that have a shortage of service for youth; and
WHEREAS, the California Department of Parks and Recreation administers the program
and establishes Application procedures; and
WHEREAS, said procedures established by the Department of Parks and Recreation
require the Applicant's Governing Body to certify by resolution the approval of the Application
before submission of said Application to the State; and
WHEREAS, if the grant is awarded to the City, the City will enter into a Contract with
the State of California for the Project.
NOW, THEREFORE,'BE IT RESOLVED the City Council of the City of Chula Vista
does hereby:
1. Authorize the filing of an application for local assistance funds from the Murray-
Hayden Program under the Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
Protection Bond Act of 2002; and
2. Certify that the City has sufficient funds to operate and maintain the Project; and
3. Certify that the City has reviewed, understands, and agrees to the General Provisions
contained in the Contract shown in the Procedural Guide; and
4. Certify that the project is consistent with the Park and Recreation Element of the
General Plan, as approved by Council by Resolution 15176 dated July I 1, 1989 and the Otay
Park Master Plan, as approved by Council by Resolution 17501 dated May 24, 1994; and
5. Appoint the Director of General Services as agent to conduct all negotiations, execute
and submit all documents including, but not limited to, applications, agreements, payment
requests and so on, which may be necessary for the completion of the Project.
Presented by Approved as to form by
Buck Martin Ann Moore
Director of Recreation City Attorney
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 11/25/03
ITEM TITLE: Ordinance of the City of Chula Vista adding Section 2.66.255 to
the Chula Vista Municipal Code to regulate the use of city skate
facilities and amending Section 2.66.250 which regulates the riding of
bicycles, motomycles, roller blades, roller skates, and skateboards in
city parks (First Reading)
SUBMITTED BY: Director of Recreation~
REVIEWED BY: City Manager ~) #%. ~t~ (4/5ths Vote: Yes No X )
Several skate facilities in City neighborhood and community parks are due to be constructed over
the next few years. In order to create reasonable and enforceable rules and regulations for this
new recreational facility, staff has drafted the attached ordinance.
RECOMMENDATION: Council place the ordinance on first reading.
BOARDS/COMMISSION RECOMMENDATION: The Parks and Recreation Commission
received an information item considering this new proposed ordinance at its November 20
meeting.
DISCUSSION: The City is currently planning skate features in new parks including Veterans,
Salt Creek, and Montevalle community parks and in several neighborhood parks.
Concurrent with the development of these skate facilities, staff began reviewing the operation of
similar facilities throughout California in order to prepare an ordinance that Mil establish the
rules and regulations for using them. This review involved staff representing Parks Maintenance,
Public Works, Recreation, Risk Management, City Attomey, and Police. Ordinances regulating
skate facilities in several cities, including San Ramon, Piedmont, Santa Rosa, and Santa Clara,
were reviewed to develop the City's proposed Skate Facilities Ordinance (hereinafter
"Ordinance"). Safety, clarity of the rules, and enforceability were among the elements examined
by staff as part of the review. Staff also reviewed the current California Health and Safety Code
to insure that the proposed Ordinance complies with applicable provisions of State law. As a
result of this review, staff has drafted the attached Ordinance for Council consideration and
adoption.
The development of the Ordinance considered several conditions associated with the operation of
skateboarding facilities. These conditions included the City's desire to operate the facilities
without scheduled supervision while encouraging voluntary compliance with the rules and
regulations. Therefore, the rules must be easy to understand and enforceable by the Police
Department.
As stated previously, safety is a major concern in the operation of the facility. The proposed
Page 2, Item: / ~
Meeting Date: 11/25/03
Ordinance requires the wearing of safety gear, including helmets, elbow pads, and knee pads
while riding a skateboard, in-line skates or roller skates. In addition, staff believed it was
important to provide some flexibility associated with the use of the facilities.
In addition to skateboards, the proposed Ordinance will also allow inline skates and manually
propelled two-wheeled scooters to use the City's skate facilities. The latter equipment is popular
among younger children, especially those under 8 years old - although, children under 8 must be
accompanied by an adult when using a skate facility.
The Ordinance includes conditions that will enable staff to close the skate facilities for
maintenance, special events, instructional clinics and other activities that may be scheduled by
the Recreation Department. Finally, the Ordinance includes a list of prohibited activities
intended to maintain a safe and healthy environment and prevent vandalism. The proposed hours
for all skate facilities are everyday from 8 a.m. to dusk, unless the park in which the facility
resides has different hours or is closed for any other reason.
According to published findings by the U.S. Consumer Products Safety Commission, claims for
skateboarding .injuries at cities with unsupervised skate parks are no higher than claims for
injuries associated with playground equipment. The Recreation Department favors the addition
of the skate facilities because of the greater safety that dedicated facilities brings to the
community than having the youth of the City skating in and on inappropriate public property,
private property, streets and sidewalks.
Prior to the new facilities being opened, signs will be posted in and around the park summarizing
the rules and regulations, including the requirement to wear safety gear. The signs will also
stipulate that the failure to comply is a violation subject to the issuance of a citation by the Police
Department.
Because the City would not be immune fi.om liability for an injury caused by an improperly
maintained or constructed skate facility, monitoring of skate facilities will occur frequently at
regular intervals. Recreation and/or Public Works staff will inspect and clean the skate facilities
owned and operated by the City. The Police Department will also support these efforts enforcing
the proposed Ordinance's rules and regulations. Signs posted at skate facilities will encourage
users to report violations to the Police Department or contact the Recreation Department with
questions or comments. Finally, Risk Management and the City Attorney's Office will be kept
informed of any accidents or injuries at the facility as required by Health and Safety Code
Section 115800.
FISCAL IMPACT: The funds required to operate and maintain the skate facilities and to
monitor their use in accordance with the proposed Ordinance will be included in the operating
budgets as new parks open. The costs are expected to be incidental to overall operations rather
than incremental. There is currently an additional insurance premium ($10,000 per year) charged
to members of our insurance pool (SANDPlPA) who operate skate parks. With skate parks
becoming an almost universal amenity among the member cities there is a possibility of
assuming the risk within our current program with no additional premium to be charged.
ORDINANCE NO. 2003-__
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
SECTION 2.66.255 TO THE CHULA VISTA MUNICIPAL
CODE TO REGULATE THE USE OF CITY SKATE
FACILITIES AND AMENDING SECTION 2.66.250 WHICH
REGULATES THE RIDING OF BICYCLES, MOTORCYCLES,
ROLLER BLADES, ROLLER SKATES, AND SKATEBOARDS
1N CITY PARKS
WHEREAS, several skate facilities in City neighborhood and community parks
are due to be constructed over the next few years; and
WHEREAS, safety of skate facility users and the welfare of nearby residents are
major concerns of the City; and
WHEREAS, the City desires to operate the facilities without scheduled
supervision while encouraging voluntary compliance with the rules and regulations.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby
ordain:
SECTION I. That Section 2.66.250 of the Chula Vista Municipal Code is amended to
read as follows:
2.66.250 Riding bicycles, motorcycles, scooters~ roller blading, roller skating,
skateboarding prohibited in certain areas.
A. Prohibited areas. Except as provided in subsection (B) of this section, it is
unlawful to skateboard, roller blade or roller skate or ride a bicycle, tricycle,
scooter, motorized bicycle, motorcycle or motor vehicle on any path, bridle trail,
walk or sidewalk in any city park or recreation area.
B. Lawful areas. It is lawful to skateboard, roller blade or roller skate or ride a
bicycle, scooter or tricycle within a city park or recreation area, on a path or in an
area designated by the director of parks and recreation by posted signage as
appropriate for that purpose.
SECTION II. That Section2.66.255 ofthe Chula Vista Municipal Code is hereby added
to read as follows
2.66.255 City skate facilities regulations.
Skate Facility Ordinance Text Underlined is Added
Page 2 of 4 Text Redlined is Deleted
A. Scope. The following regulations shall apply to all City-maintained facilities or
areas designed for use by skateboarders, inline skaters, roller skaters and scooter
riders.
B. Definitions. As used in this section, the following words or phrases shall have the
designated meanings.
"Activities area" shall mean that portion of a skate facility reserved or desigued
for riding skateboards, in-line skates, roller skates, or scooters.
"Skate facility" shall mean any facility, structure, or area, whether integrated into
the design of a city park or built as a stand alone facility, which is meant to be
used by skateboarders, inline skaters, roller skaters or scooter riders. A "skate
facility" is comprised of both an activities area and a spectator area.
"Spectator area" shall mean that portion of a skate facility reserved for use by
persons viewing the skate facility's activities area. At a minimum, the "spectator
area" shall include all areas that are 30 feet or less from the outer edge of the
skate facility's activities area.
C. Hours of operation. The hours of operation for all City-maintained skate facilities
shall be from 8:00 a.m. until dusk, unless the park in which the skate facility is
located opens at a later time or closes at an earlier time, in which case the park's
operating hours shall control.
If needed to protect the public's health, safety or general welfare, the City
Manager and/or his designee may temporarily or permanently change a particular
skate facility's hours of operation after posting such non-standard hours in
compliance with subsection E. of this section.
The City Manager or his/her designee may also temporarily close a skate facility
for maintenance, special events, instructional clinics and other City-sponsored
activities. Such temporary closures shall be noted by the placing of signs in
conspicuous locations at or near the skate facility.
D. Regulations/prohibited activities. The following rules and regulations shall apply
to all City-maintained skate facilities.
1. Skate facilities shall only be used during the facility's hours of operation.
2. Only skateboards, in-line skates, roller skates and scooters shall be used,
ridden, or brought within the activities area ora skate facility. The City
Manager or his/her designee may restrict certain equipment from being
used within a specific skate facility after posting the restriction in
compliance with subsection E. of this section.
Skate Facility Ordinance Text Underlined is Added
Page 3 of 4 Text Redlined is Deleted
3. All devices or equipment used, ridden, or brought within the activities area
of a skate facility must be manually propelled, have nonmetal wheels and
be no more than 36 inches in length. Inline skates must have at least three
wheels and no more than five wheels per skate. No shoe skates or
bicycles may be used or ridden within the activities area ora skate facility.
4. No spectators or animals are permitted in the activities area of a skate
facility.
5. All persons in the activities area of a skate facility shall wear a helmet~
elbow pads, and knee pads designed for skateboarding or inline skating
The required protective gear shall be properly worn (i.e., chin strap
attached) and be in good repair.
6. No portion of a skate facility may be modified, altered, or added to in any
manner and no unauthorized ramps, iumps or obstacles are permitted at
any time.
7. All children under the age of eight years old, in the activities area of a
skate facility, must be brought there, supervised and accompanied by an
adult.
8. No audio equipment may be used or played in the activities area or
spectator area of a skate facility unless equipped with and relying solely
on earphones for sound amplification.
9. No food, beverages, cans, or bottles (whether plastic or glass) shall be
permitted in the activities area of a skate facility.. No alcohol or tobacco
products shall be permitted in either the activities area or spectator area of
a skate facility.
10. No person shall use the skate facility when it or any of its accoutrements
are wet or covered with other debris.
11. No person shall litter within 40 feet of a skate facility. All litter, trash, and
other refuse must be immediately placed in trash receptacles.
E. The skate facility shall be posted with signs in the following manner:
1. At each entrance to the skate facility, or if there is no defined entrance, on
the perimeter of the skate facility, facing its interior, and at intervals of not
less than 40 feet.
2. At a minimum, each sign shall state, in black letters on a white
background, not less that one inch in height, the facility's hours of
Skate Facility Ordinance Text Underlined is Added
Page 4 of 4 Text Redlined ia' Deleted
operation, what equipment may be ridden in the facility, and the following
language:
WARNING
Skateboarding, inline skating, roller skating, and scooter riding are
hazardous recreational activities. Use of this facility may result in serious
injuries or death. The City of Chula Vista does not assume any
responsibility for injuries or death.
Any person using this facility must wear a helmet, elbow pads, and knee
pads designed for skateboarding or inline skating. The required protective
gear shall be properly wom (i.e., chin strap attached) and be in good
repair. Any person failing to comply with this section shall be subject to
citation and penalties pursuant to Chula Vista Municipal Code section
2.66.250(F).
F. Penalties for violations of this section. Any violation of this section is punishable
as an infraction with a fine of $50 for the first conviction and $100 for the second
conviction. A maximum fine of up to $250 may be imposed for each conviction
thereafter. In addition, the City shall have the authority to seize and confiscate
any property, thing or device used in a skate facility's activities area or spectator
area in violation of this section. Any person cited and convicted of three or more
infractions of this section shall be permanently barred from the use of or entrance
to any City-maintained skate facility.
SECTION III. This Ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Submitted by: Approved as to form by:
Buck Martin Ann Moore
Recreation Director City Attorney
COUNCIL AGENDA STATEMENT
//
Item
Meeting Date: 11/25/03
ITEM TITLE: Resolution Accepting bids and awarding contract for "Sidewalk
Replacement at Various Locations in the City of Chula Vista, California
(JY-065J)' project, and authorizing staff to increase value of contract to
expend all available funds for this project
SUBMITTED BY: Director of Engineerin~,~/'
REVIEWED BY: City Manager J~.,/ (4/Sths Vote: Yes No X )
On October 15, 2003, the Director of Engineering received sealed bids for the "Sidewalk
Replacement at Various Locations in the City of Chula Vista, California (JY-065J)" project. The
project was included in the budget to remove and replace curbs, gutters, sidewalks, and
driveways displaced by differential settling, tree roots, etc., on various City streets.
RECOMMENDATION: That Council accept bids and award the contract for the "Sidewalk
Replacement at Various Locations in the City of Chula Vista, Califomia (JY-065J)' project to
MJC Construction, of Chula Vista, California, for $79,600.00, and authorize staff to increase
value of contract to expend all available funds for this project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: On October 15, 2003, the Director of Engineering received sealed bids for the
"Sidewalk Replacement at Various Locations in the City of Chula Vista, California (JY-065J)"
project. The work consists of the removal and replacement of displaced curbs, gutters,
sidewalks, and driveways. The work includes excavation and grading, PCC sidewalks,
driveways, curbs & gutters, asphalt concrete pavement, removal and disposal of existing
improvements, traffic control, protection and restoration of existing improvements, other
miscellaneous work, and all labor, material, equipment, and transportation necessary for the
project. The annual Public Works Operations Street Maintenance budget includes funds for this
project. This contract covers FY2003-2004 maintenance budget.
Engineering staff prepared plats, specifications, and advertised the project. Staff received and
opened bids on October 15, 2003.
Page 2, Item t I
Meeting Date: 11/25/03
The City received bids from nine contractors as follows:
CONTRACTOR BID AMOUNT
1. MJC Construction. Chula Vista, California. $79,600.00
2. Star Paving, Inc. - San Diego, California $95,800.00
3. CDM Construction, Inc. - El Cajon, Califomia $120,530.00
4. Scheidel Contracting & Engineering - E1 Cajon, California $124,700.00
5. Arthur G. Ortiz Concrete - Chula Vista, California $128,980.60
6. Koch Armstrong General Engineering - Lakeside, California $129,900.00
7. Western States Engineering - National City, California $145,265.00
8. Pacific West Builders - San Diego, California $167,046.00
9. HMS Construction, Inc. San Marcos, California $205,500.00
The low bid by MJC Construction is below the Engineer's estimate of $96,300.00 by $16,700.00.
MJC Construction has done several capital improvement projects in the city, and his work has
been satisfactory. Staff has reviewed the low bid and recommends awarding the contract to MJC
Construction of Chula Vista, California, for $79,600.00.
Attachment "A" shows the specific work to be done at each location, approximate quantities of
sidewalk, curb, gutter, and driveway to be installed. Approximately 7% of proposed work is in
the Montgomery area, 63% west ofi-805 but not in Montgomery, and 30% east of 1-805.
Due to the Iow bid received, the Public Works Operations Street Maintenance group prepared a
list of additional locations to be repaired in order to use all available funds. The contract
specifications allow staff to increase or decrease the quantities based on available funds.
Disclosure Statement
Attachment "B" is a copy of the contractor's Disclosure Statement.
Environmental Status
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the proposed project
is exempt from CEQA pursuant to Section 15301(c)(1), replacement or reconstruction of existing
facilities, of the State CEQA Guidelines.
Wage Statement
The source of funding for this project is Gas Tax Funds. Contractors bidding this project were
not required to pay prevailing wages to persons employed by them for the work under this
project. Disadvantaged businesses were encouraged to bid through the sending of the Notice to
Contractors to various trade publications.
Page 3, Item ~
Meeting Date: 11'/25/03
FISCAL IMPACT
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount (MJC Construction) $79,600.00
B. Contingencies and additional locations $20,400.00
C. Staff Costs (Design & Inspection) * $12,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $112,000.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Gas Tax (16731-6401) $100,000.00
B. Gas Tax Funds (22130-7003) * $12,000.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $ I 12,000.00
· Staff costs will be reimbursed directly from the Gas Tax street maintenance account.
Upon completion of the project, the improvements will require only routine City street
maintenance.
Attachments:
A - Table - Location of Work
B - Contractor's Disclosure Statement
]:\ENGIN£~R\AG£NDA~YD659 All3.DO¢
APPENDIX "A"
Sidewalk Replacement FY2003-04 JY-065j
No Plat .Gtreet I Street 4" $/W ]Mono $/~ 6" D/~/ ¢/G Priority
No. Number Name SFI ¢/GLF ~F LF
i 1 I 1 I 11281OasisAvenue 192[ I 35 1
i 2 11'4~Oasis Avenue 108 t 32 1
i 3 s Avenue 192 ................. T ........ ~ 1
4 Oasis Avenue 152 1
Oasis Avenue 144 181
I 6 Ocelot Avenue 104 -'l 311 1
Osage Avenue 120 t '~' 1
Osage Avenue 120 1
Osage Avenue ~ 180 1
10 Osage Avenue ~ 84 Jl 23 1
11 Ocala Avenue 120 1
12 East Oxford Street on Oleander Avenue I 88 2
East Oxford on Oleander 5, 60 ~ 1
East Oxford on Oleander I 112 1
15 East Oxford Street I 60 2
East Oxford Street 332 1
East Oxford Street ! 96 1
East Oxford Street 68 { 1
East Oxford Street 100 1
Montclair Street 1
16 3
Neptune Drive 1
23 1 2 Myra Avenue 200 ~ 1
24 Myra Avenue 104 28 1
Montcalm Street 84 21 1
East Oneida Street 12(] 31 1
1961 East Queen Anne Drive 116 2
East Prospect Street 200 2
4 518 Arizona Street 2
G Street 1
G Street 125 1
East Georgina Street 120 1
East Mankato Street 88 2
East Shasta Street 180 30 2
35 Claire Street 100 I 2
132 1
3 Street 275 1
King Street 125 --i 15
Halecrest Drive 75
i 40 Church Avenue 220 45 36
Alvarado Street 400
Fourth Avenue 130
Shasta Street 92 2
Shasta Street 161 2
Sidewalk List FYO4.xls 8/29/03 Page 1 of 2
APPENDIX "A"
Sidewalk Replacement FY2003~04 JY-065j
Street 4" $/W Mono $/W 6" I:)/W
Name SF ¢/6 $F LF
East Palomar Street on Cuyamaca Avenue 60 2
Max Avenue 120 30 1
47 Max Avenue 351 1
i Quintard Street 130i 26
Monterrey Avenue 120 -~1- 45 2
Monserate Avenue 64 30 1
§1 Millan Street 355 55 46 1
Del Mar Avenue 225 55 45 2
BrJghtwood Avenue 32 52 22 1
54 i I 1148 Oleander Avenue 108 2
Melrose Avenue 1951 260 1
Avenue 50 1
Brightwood Avenue 55 2
McIntosh Street 2
Chula Vista Street 550 1
Minor Avenue 2
Alvarado Street 200 1
Riverlawn Avenue 124 18 1
Trailridge Drive 45 2
~ Oakhill Drive on Golfcrest Loop 52 2
65 i 6 East .1 Street 26 2
! 66 Del Rey Place 100 1
TOTALS:I 83631 10011 6271 102~
Sidewalk List FYO4.xls 8/29/03 Jt~'
Page 2 of 2
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/partnership) entity.
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
tmstor of the trust.
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
14
J:~ENGINEER\DESIGN~YO65JUYO65J-CONTRACT.DOC
5. Has any person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this ¢on~ract within the past 12 months? Yes. No.X~
If Yes, briefly describe the nature of the financial interest the official** may have in this conlract.
ty ~ouncfl. Yes No_ X ffYes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors/'Executives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4)
years to a current member of the Chula Vista City Council'> Yes No '5~ If Yes, which
Council member? ' -- --
8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City
of Chula Vista in the past twelve (12) months* (This includes being
· a source of income, money to
retire a legal debt, gift, loan, etc.) Yes No ~' If Yes, which official** and what was
the nature of item provided? -
Date:lO'[~-O-~ ~. .a-~o,~x 3~
Signature of Contractor/Applicant
~t or ~ nme of Conmctor/Applicant
* P~son is defined ~: ~y ~dihdml, fi~ co-p~hip, jolt vm~e, ~sociafion, social club,
~tmal or~imfion, co.ration, e~te, ~st, r~eiv~, s~dicate, ~y o~er ~, ciW, m~icipali~,
dis~ct, or o~ ~lifical subdi~sion, mr ~y o~ ~oup or combination acting ~ a ~it.
.. , f~cml Includes, but ~s not ll~ted to: ~yor, Comcil mem~, Plmng Comssion~,
memoer cia bo~d, co~ssion, or co~i~ of~e CiW, ~loyee, or ~ffmembers.
15
J AENGINEER\DESIGN'OY065J\JY065J-CONTRACT.DOC
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR "SIDEWALK REPLACEMENT AT VARIOUS
LOCATIONS IN THE CITY OF CHULA VISTA, CALIFORNIA
(JY-065J)" PROJECT, AND AUTHORIZING STAFF TO
INCREASE VALUE OF CONTRACT TO EXPEND ALL
AVAILABLE FUNDS FOR THIS PROJECT
WHEREAS, on October 15, 2003, the Director of Engineering received the following nine
sealed bids for "Sidewalk Replacement at Various Locations in the City of Chula Vista, Ca. (JY-
065I)" project:
CONTRACTOR BIO AMOUNT
1. MJC Construction - Chula Vista, California $ 79,600.00
2. Star Paving, Inc. - San Diego, California $ 95,800.00
3. CDM Construction, Inc. - El Cajon, California $120,530.00
4. Schiedel Contracting & Engineering - E1 Cajon, California $124,700.00
5. Arthur G. Ortiz Concrete - Chula Vista, California $128,980.00
6. Koch Armstrong General Engineering - Lakeside, California $129,900.00
7. Western States Engineering -National City, California $145,265.00
8. Pacific West Builders - San Diego, California $167,046.00
9. HMS Construction, Inc. - San Marcos, California $205,500.00
WHEREAS, the low bid by MJC Construction is below the Engineer's estimate of $96,300
by $16,700 or approximately 17% and staff's bid estimate was prepared conservatively using prices
from similar projects; and
WHEREAS, MJC Construction has performed satisfactory work for this City in the past and
Engineering staff checked the references provided by the contractor and all references were verified
and their work has been satisfactory; and
WHEREAS, staff has reviewed the low bid and recommends awarding the contract to MJC
Construction of Chula Vista, California, for $79,600; and
WHEREAS, the contract specifications allow staff to increase or decrease the quantities
based on available funds, and because of the low bid received the Public Works Operations Street
Maintenance group prepared a list of additional locations to be repaired so that all available funds are
used; and
1
WHEREAS, the source of funding for this project is Gas Tax Funds and contractors bidding
this project were not required to pay prevailing wages to persons employed by them for the work
under this project; and
WHEREAS, while no special minority or women owned business requirements were
necessary as part of the bid documents, however, disadvantaged businesses were encouraged to bid
through the sending of the Notice to Contractors to various trade publications; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the proposed
project is exempt from CEQA pursuant to Section 15301(c)(1), replacement or reconstruction of
existing facilities, of the State CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby accept bids and award the contract for the "Sidewalk Replacement at Various Locations in the
City of Chula Vista, California (JY-065J)" project to MJC Construction of Chula Vista, California in
the amount of $79,600.00.
BE IT FURTHER RESOLVED that staff is hereby authorized to increase the value of the
contract to expend all available funds for this project.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said contract on behalf of the City of Chula Vista.
Presented by Approved as to form by
Dave Byers Ann Moore
Director of Public Works City Attorney
[JSATI'ORNEY~RESO\ sidewalk replacement 2003 (November 12, 2003 (2:51 PM)]
2
FROM : TYCO PROP. MGMT. PHONE NO, : 619 425 5817 Nov. 19 2003 02:47PM Pi
November 12, 2003
David D. Rowlands, Jr.
City Manager ,
City of Chu~a Vista
276 Fourth Avenue ..
Chuia Vista, CA 91910 .
Dear Dave:
As you know. the San Diego County Regional Airport Authority (At~thority) has
proposed that two parcels of land be transferred from the port of San Diego to
the Authority. We would request that the City of Chula Vista consider adopting a
resolution 'n opposition to the proposed'transfer of'these two properties.
Attached is draft ~anguage to assist you In preparing such a resolution.
On behalf of the Port, I would llke to thank the City of Chula Vista for its
consideration on this important issue,
San Diego Unified Port Dlstdct
RESOLUTION NO. 2003-
RESOLUTION OF CITY COUNCIL OF THE CITY OF CHULA
VISTA OPPOSING THE TRANSFER OF TWO PROPERTI~ES FROM
THE SAN DIEGO UNIFIED PORT DISTRICT TO THE AIRPORT
AUTHORITY
WHEREAS, the San Diego Unified Port District (Port) was created in 1962 by the
California State Legislature; and
WHEREAS, the Legislature that required that the voters of the City of Chun Vista and
the four other member cities of the proposed district ratify the creation of the Port; and
WHEREAS, the voters of the five cities overwhelmingly voted in favor of creating the
Port, including the voters of the City of Chula Vista; and
WHEREAS, the Port has not levied a tax on property within its jurisdiction since 1969;
and
WHEREAS, the Port has been investing its resources in the environs of San Diego Bay
by promoting commerce, navigation, recreation and fisheries; and
WHEREAS, the Port has invested over $1.5 billion in furtherance of its mission
including economic enhancement, environmental stewardship, public safety and community
services; and
WHEREAS, the state legislature in 2001 authorized the creation of the San Diego County
Regional Airport Authority (Airport Authority) and separated the operation of the San Diego
International Airport - Lindberg Field from the Port; and
WHEREAS, the Authority has asked that two parcels of real estate under the jurisdiction
of the Port be transferred which would result in a significant loss of income to the Port; and
WHEREAS, the Port has indicated that this proposed action will have a $900 million
negative impact on the Port's financial resources over the next 66 years; and
WHEREAS, the Port has indicated that this proposed action will reduce the Port's cash
flow by $40 million over the next five years and will cause a drastic reduction in its current $150
million five-year capital development plan (CDP); and
WHEREAS, nearly $13.1 million in the Port's five-year CDP will be spent on
improvements within the Chula Vista bayfront and will likely be significantly delayed or
eliminated entirely; and
WHEREAS, the Chula Vista Bayfront Master Planning process is expected to result in a
critical community plan with the expectation that significant Port financial resources beyond
those identified in the CDP will be necessary to implement the plan.
NOW, THEREFORE, BE IT RESOLVED, that the financial impacts of the proposal by
the Airport Authority are not in the best interests of the citizens of Chula Vista and the San
Diego Bay region and would result in a significant delay in the capital improvements associated
with the redevelopment of the Chula Vista Bayfront.
FURTHERMORE, BE IT RESOLVED, the City of Chula Vista opposes the proposed
transfer of the two properties from the Port to the Airport Authority which would result in a
significant loss of financial resources.
Presented by Approved as to form by
David D. Rowlands, Jr. Ann Moore
City Manager City Attorney
J:\attomey\reso\ finance\Port District reso
COUNCIL AGENDA STATEMENT
Item
Meeting Date 11/25/03
ITEM TITLE: Resolution Amending Council Policy 300-01 Regarding
Organization and Procedures on Legislative Matters
Affecting the City of Chula Vista.
Resolution Adopting the 2004 Legislative Program
SUBMITTED BY: Legislative Committee
Colleen M. Kelly, Intergovernmental Affairs Coordinator ~
REVIEWED BY: City Manager ~' (4/Sths Vote: Yes No X )
Council Policy 300-01 (adopted 1/13/87) established the organization and procedures on legislative
matters affecting the City of Chula Vista. The proposed revisions to this policy will ensure greater
involvement by the City Council in determining those measures on which the City chooses to take a
position.
The Legislative Program represents the City Council's position on items likely to be acted upon by
the State Legislature, Congress, or administrative agencies. By adopting a Legislative Program at the
beginning of each two-year legislative session and amending it at mid-term, Chula Vista is able to
take a proactive role in sponsoring, supporting, or opposing bills related to the City's various
legislative priorities.
RECOMMENDATION: That the City Council approve the resolutions amending Council Policy
300-01 and adopting the 2004 Legislative Program.
BOARD/COMMISSION RECOMMENDATION: This report from the Legislative Committee
reflects their comments as well as input from the City's department directors. A copy of the draft
Legislative Program was sent to Council as an Information Item 1 I/6/03-- no Council comments
were received as of 11/19/03.
DISCUSSION:
Background on the Legislative Policy
Council Policy 300-01 (adopted by Resolution 12879) established the procedures and guidelines for
the review of legislative matters affecting the City. This policy provides for a formal Legislative
Program that reflects the Council's general preferences on bills to be supported or opposed. The
policy also states that the Legislative Committee shall serve as the initial reviewing body on
legislative recommendations forwarded from the City Manager's office. Should the Committee
deem it necessary, or should a proposal that merits support or opposition fall outside the guidelines
of the Legislative Program, the Policy states that the full Council will review and vote to support or
oppose the legislation.
Page 2, ltem l~
Meeting Date 11/25/03
The Policy is silent, however, on the membership of the Legislative Committee, created at Council
direction in June of 1970. At that time, the Council voted to form a Legislative Committee made up
ofa councilmember, a member of the Administrative staffand the City Attorney. It should be noted
that the Mayor was not yet a full-time position when the Legislative Committee was formed. The
Administrative staff position on the committee has generally been filled by the City Manager, while
the Council position on the Committee was assigned to various councilmembers until 1994. Since
1994 the Office of the Mayor has retained this as a standing committee assignment.
Recommended Action:
It is the recommendation of the Legislative Committee that Council Policy 300-01 be amended to
include the issue of Committee membership, and that the Committee be comprised of the Mayor and
a Councilmember. The Mayor would appoint the Councilmember, subject to ratification by the
Council. The amendment will ensure more active participation by the Council in determining those
legislative matters on which the City takes a position. These amendments are shown as Exhibit A.
Background on the Legislative Program
The Legislative Program (as instituted by Council Policy 300-01 in 1987) is used to identify and
adopt position statements regarding a variety of issues that reflect the policy and direction of the City
Council. This action sets guidelines that permit staff to make timely responses consistent with the
Council's desires to sponsor, support or oppose bills during the legislative session. By taking action
on a comprehensive program at the start and midpoint of the state legislative and Congressional
sessions, the City is able to work with our locally elected representatives to introduce needed
legislation as well as position itself proactively on a wide range of issues.
Presented in this report is an updated 2004 Legislative Program to guide staff and our legislative
consultant throughout the coming legislative session.
Contents of the Legislative Program
In general, the Legislative Program lays out the City's positions in the following subject areas:
A. Economic Development
B. Energy
C. Environmental Protection
D. Fiscal Support/Home Rule
E. General Government
F. Housing & Community Development
G. Land Use Planning
H. Library
I. Parks & Recreation
J. Public Employer-Employee Relations
K. Public Liability
L. Public Safety
M. Public Works & Transportation
N. Redevelopment
Page 3, Item ]5
Meeting Date 11/25/03
The program is administered by the Legislative Committee and includes items that are generally non-
controversial such as:
· Supporting additional state or federal funding for local government and/or Chula Vista
programs
· Opposing unftmded mandates
· Protecting home rule authority
· Reforming various state and federal programs to improve local service delivery
Through the adoption of this program by the City Council, related bills can be acted upon directly by
the Legislative Committee, so that the City's position can be communicated quickly to the City's
lobbyist, appropriate legislators and other key decision-makers. Notification of positions taken and
copies of any letters sent are then forwarded to the City Council for information.
In addition, through the efforts of the League of California Cities, professional organizations to
which various city staff belong, or as a result of research by the City's lobbyist, legislative proposals
may be brought to the attention of the Legislative Committee that are not covered by the Legislative
Program. These items are brought to the City Council for review and direction. Items that may be
seen as controversial, irrespective of whether they are covered by the Legislative Program, are also
submitted to the Council.
Proposed Legislative Program Changes for 2004
Most of the proposed amendments for 2004 are relatively minor. These include: the need to preserve
(rather than create) a central position for Chula Vista in the 49th Senate District and 79th Assembly
District; adding block grants as an aspect of the growing household hazardous waste programs; and
requesting more equitable distribution of funds for clean water grants and bond funding, which have
been going in disproportionate shares to northern California.
A significant change to the document is an increase in the number of items in the "Energy" segment
of the Legislative Program. Additions to that segment include:
· support for implementation of legislation passed in 2002 regarding community aggregation
and public purposes goods fees
· support for local power generation sources rather than imported power that adds to the
transmission costs paid by cities and other ratepayers
· and support for efficiency-enhancing technologies such as combined cycle generation
The remaining items are carried over from the 2003 Legislative Program, as adopted by Council
11/26/02.
In most cases, the City's priority issues for 2004 (e.g. reforming the state/local government fiscal
relationship, protecting existing financial resources, promoting workers compensation reform,
obtaining funds for City programs, protecting Federal CDBG and COPS grant allocations) are
already included in the Legislative Program and thus do not require any amendments.
A complete list of amendments is shown in Exhibit A, with additions denoted by underline and
deletions by strikeout.
Page 4, Item/~
Meeting Date 11/25/03
The 2004 Session
The State Legislature can begin introducing, and acting upon, new proposals on January 5, 2004.
The final day on which new bills can be introduced will be February 20, 2004. Should one or more
extraordinary sessions be called for any reason, they will not be bound by those deadlines.
Of particular concern to the City in 2004 will be the approach taken by the Schwarzenegger
administration to improving the state/local fiscal relationship, as well as the way in which the
Legislature and new Governor will work together on issues significant to cities (e.g. providing local
services, stability of local revenue streams, home rule authority, etc.)
Finally, as we look to Chula Vista's goals for 2004, the City will focus on the following key issues:
Improved protection for local government revenues, including the constitutional amendment
(the Local Taxpayers and Public Safety Protection Act of 2004) being sponsored by the
League of California Cities, the California State Association of Counties, and the California
Special Districts Association to prevent future State raids on city funds
· Allocation of State Park, Library and Water Bonds to support Chula Vista projects such as
the new library for Rancho del Rey
· Obtaining an exemption, under emergency conditions, from the section of California's
vehicle code that limits the hours our transit and public works drivers are permitted to carry
out their duties.
· Protecting cities' authority to license or lease use of property within a municipality's
jurisdiction by telecommunication companies, utilities or cable companies
· Increased collaboration with other public agencies within the region to strengthen the City's
position on issues of regional significance
FISCAL IMPACT:
Amending Council Policy 300-01, and Adoption of the Legislative Program for 2004 do not result in
any direct cost to the City. There are, however, fiscal impacts associated with the Legislative
Program; specifically the City's contract with a legislative advocate in Sacramento (Advocation,
Inc.), which is capped at $79,000 per year.
Achieving the goals of this program can, and has, lead to significant financial benefits. In addition to
the grants and appropriations that the Program authorizes the staff to pursue, Legislative Program
successes prevent loss of critical resources and protect the City's ability to deliver services to our
residents and businesses.
Attachments:
1. Exhibit A: Proposed Amended Council Policy 300-01
2. Exhibit B: Proposed 2004 Legislative Program
c:\...~2003\agenda statements\041egprg. 113
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING COUNCIL POLICY 300-01 REGARDING
ORGANIZATION AND PROCEDURES ON LEGISLATIVE MATTERS
AFFECTING THE CITY OF CHULA VISTA
WHEREAS, Council Policy 300-01, adopted January 13, 1987, established the organization
and procedures on legislative matters affecting the City of Chula Vista; and
WHEREAS, this policy provides for a formal Legislative Program that reflects the
Council's general preferences on bills to be supported or opposed and represents the Council's
position on items to be acted upon by the State Legislature, Congress, or administrative agencies;
and
WHEREAS, by adopting a Legislative Program at the beginning of each two-year
legislative session and amending it at mid-term, the City of Chula Vista is able to take a proactive
role in sponsoring, supporting, or opposing bills related to the City's various legislative priorities;
and
WHEREAS, it is the recommendation of the Legislative Committee that Council Policy
300-0I be amended to include the issue of Committee membership, and that the Committee be
comprised of the Mayor and a Councilmember; and
WHEREAS, the amendment will ensure more active participation by the Council in
determining those legislative matters on which the City takes a position.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the amended Council Policy 300-01 as set forth in Exhibit "A".
Presented by Approved as to form by
David D. Rowlands, Jr. Ann Moore
City Manager City Attorney
J:\attomey\reso\policy\amend council policy 300-01
COUNCIL POLICY EXHIBIT A
CITY OF CHI]LA VISTA
SUBJECT: ORGANIZATION AND POLICY EFFECTIVE
PROCEDURES ON LEGISLATIVE NUMBER DATE PAGE
MATTERS AFFECTING THE CITY
OF CHULA VISTA 300-01 01-13-87 1 of 8
ADOPTED BY: Resolution No. 12879 I DATED: 01-13-87
AMENDED BY: Resolution No. (date of resolution)
PURPOSE
The Organization and Procedure Section on Legislative Matters affecting the City of Chula Vista
formally establishes the procedures and sets forth the guidelines for the review of legislation
matters affecting the City. Generally, the purpose of this section is to establish procedures
concerning City sponsorship of legislation and/or administrative regulations, which the City seeks
to have introduced and review of legislation and/or administrative regulations introduced by
others that may have an impact upon the City of Chula Vista or its interests.
This Section also establishes procedures to guide City officers and employees in their
communications with, and possible appearances before legislative, and administrative bodies and
other organizations.
1. Legislative Matters
a. Introduction to the City's Legislative Program
The City's Legislative program (County, State and Federal) contains all
positions taken by the City Council and the Redevelopment Agency, which
relate to the activities of the City of Chula Vista. These City Council-
adopted positions generally indicate the city sponsorship of proposals that
Chula Vista would like enacted (Group I), support or opposition to
legislative matters (Group II) sponsored by others, and administrative
actions (Group III) that the City seeks at various levels. When the City
Council expresses a position (either a general policy or on a specific
measure/issue), it is generally broad enough to allow the City to act on any
legislation having a similar effect. Therefore, there may be some positions
on bills that are added directly to the legislative Program because the City
Council has already expressed its position on an earlier, related matter.
Generally, the Legislative Program shall include only those items of a
direct and substantial impact on the operation of City government. Such
an impact is defined as any financial cost over a minimum amount for
purposes of claiming reimbursement pursuant to Section 2253.2(b) of the
Revenue and Taxation Code (which has been established at $200.00 cost to
a local agency as of 1978) or a non-financial cost item which has a
substantial impact on the operation of a City department or agency, the
City Council, or the Mayor. Such impacts may be contained in the State
budget, legislation, and administrative actions mandating local
performance.
Whenever any city department representative ascertains that a legislative or
administrative (governmental or non-governmental) proposal will have
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: ORGANIZATION AND POLICY EFFECTIVE
PROCEDURES ON LEGISLATIVE NUMBER DATE PAGE
MATTERS AFFECTING THE CITY
OF CHULA VISTA 300-01 01-13-87 2 of 8
ADOPTED BY: Resolution No. 12879 I DATED: 01-13-87
AMENDED BY: Resolution No. (date ofresolufion)
some substantial impact on the City, the information concerning this
impact shall be forwarded to the City Manager's office.
The Legislative Committee shall serve as the initial reviewing body of all
such reports to determine whether further City action is required. The
[.e~iglative Committee ghall he enrnnri~ecl nf the Mayor and nne memher
nt' the City Cnnneil annninted hv the Mayor and nnhieet tn ratification hv
the Council.
A report and recommendation will be forwarded to the City Council for
final action regarding both legislative and administrative proposals deemed
to have a potential impact upon the City. The Mayor, acting for the City
Council, shall communicate the Council's position to the City's legislative
advocate and/or appropriate local, state and/or federal legislators,
committee and/or local, state or federal agencies.
b. Legislative Program Components
(1) Group- Sponsorship
Prior to the commencement of each State legislative session, and each
legislative calendar year, each department will submit their proposals for
inclusion in the legislative program. Those proposals for sponsorship,
which are adopted by the City Council, shall be forwarded to the City's
legislative representatives in Sacramento and/or Washington, D.C. for
introduction or sponsorship on the City's behalf.
Legislative proposals will be limited to legislation deemed essential to the
operation of City departments and the overall quality of life for the City.
Generally, the following schedules will be utilized in developing the
subject proposals.
Legislation
ON OR BEFORE SEPTEMBER 1 OF EACH YEAR
The City Manager's staff requests all deparm~ent heads to submit
proposals for new legislation or changes in existing legislation.
COUNCIL POLICY
CITY OF CHINA VISTA
SUBJECT: ORGANIZATION AND POLICY EFFECTIVE
PROCEDURES ON LEGISLATIVE NUMBER DATE PAGE
MATTERS AFFECTING THE CITY
OF CHULA VISTA 300-01 01-13-87 3 of 8
BY: ResohitionNo. 12879IDATED: 01-13-87
ADOPTED
AMENDED BY: Resolution No. (date of resolution)
ON OR BEFORE OCTOBER 1
Departments submit legislative proposals to the City Manager's offce and/or
legislative advocate for review.
ON OR BEFORE NOVEMBER 1
he City Manager s staff and/or leg~slat:ve advocate submits analysis and/or
recommendations or legislative proposals to the Legislative Committee, which
in turn submits its recommendations relative to the program to Council.
ON OR BEFORE THE THIRD COUNCIL MEETING IN DECEMBER
City Council adopts legislative sponsorship proposals.
NOTE: The program may be subsequently amended by the City Council from
time to time when action upon matters appear to be of sufficient urgency that it
would be inadvisable to wait until the next legislative year.
Budget Items
ON OR BEFORE APRIL 1 OF EACH YEAR
The City Manager shall request department heads to submit proposals for
possible funding through the State budgetary process.
ON OR BEFORE MAY 1 OF EACH YEAR
Departments submit state budgetary proposals to the City Manager's office
and/or the legislative advocate for review and transmittal to the Legislative
Committee.
ON OR BEFORE JUNE 1
City Council adopts items to be sponsored by the City for inclusion in thc state
budget.
(2) Group II - Positions on Pending Legislation
The Legislative Committee shall be responsible for the review of proposed
legislative and administrative actions at the local, state, and federal levels
which may have an impact on the City of Chula Vista.
The City Manager and/or the legislative advocate shall provide a report listing
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: ORGANIZATION AND POLICY EFFECTIVE
PROCEDURES ON LEGISLATIVE NUMBER DATE PAGE
MATTERS AFFECTING THE CITY
OF CHULA VISTA 300-01 01-13-87 4 of 8
ADOPTEDBY: Resolution No. 12879 ] DATED: 01-13-87
AMENDED BY: Resolution No. (date of resolution)
the status and copies of all such legislation, to the Legislative Committee and
City Council.
For proposed actions and/or legislation which are determined to have an effect
on the City of Chula Vista, the City Manager's staff will notify the affected City
department for its review and/or report regarding the action/legislation. If the
City department to which the notification was referred determines that the
measure will have a direct and/or substantial effect upon their operations or
finances, or on the operation of the City government in general, the department
shall recommend a position and shall prepare a brief, factual report covering
what it believes to be the significant features of the legislation and the effects or
possible effects upon department operations and finances (i.e., a cost impact
estimate) or upon city government in general.
The department report shall be submitted to the Legislative Committee via the
City Manager, for consideration in making a final recommendation to the City
Council. If Council has taken a position on similar legislation, the item, after
review by the Legislative Committee, will automatically be placed on the
Legislative Program with appropriate action taken by staff with copies to the
City Council.
Upon adoption of a measure by both houses of the Legislature or Congress, a
bill is submitted to the Governor or President for approval. It is frequently
desirable for the views of the City of Chula Vista with respect to such measures
to be communicated to the Governor or the President. The Mayor and/or
legislative advocate shall be authorized to communicate and recommend
approval or rejection, or seek any appropriate administrative action regarding
such measures pending before the President or Governor if the measure is
included in the adopted legislative program and/or as directed by the City
Council. The actions of the Mayor and/or legislative advocate will be reflective
of previous Council action on the subject matter.
(3) Group III - Administrative Actions
While much of the activity affecting City government occurs in the form of
state or federal legislation, an ever increasing number of rules, regulations, and
guidelines of administrative entities can have practically as much impact as
law. The process for development of these rules, regulations, and guidelines is
not the same as for laws. In fact, the activity leading to final rules, regulations,
or guidelines is often less formal, occurs more rapidly and involves a wide
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: ORGANIZATION AND POLICY EFFECTIVE
PROCEDURES ON LEGISLATIVE NUMBER DATE PAGE
MATTERS AFFECTING THE CITY
OF CHULA VISTA 300-01 01-13-87 5of8
ADOPTEDBY: Resolution No. 12879IDATED: 01-13-87
AMENDED BY: Resolution No. (date of resolution)
variety of County, State and/or Federal agencies. The administrative actions
sought are proposals, sometimes suggested by the Mayor, Councilmembers,
and/or City departments, whereby the City is seeking or opposing a particular
administrative action or change, or informing the various governmental bodies
of the City's position on matters that are not normally dealt with legislatively.
Positions for administrative actions will be forwarded to the City Council for
final approval and/or authorization allowing staff to prepare a letter for the
Mayor's signature to be forwarded to the appropriate administrative body. If
Council has taken a position on similar legislation, the item, after review by the
Legislative Committee, will automatically be placed on the Legislative Program
with appropriate action taken by staff with copies to the City Council.
c. Hearing Procedures
Much of the work done during a session of the State Legislature and to a similar
extent in Congress, is the result is the result ,of hearings conducted by legislative
committees. The City Manager's office is directed to keep informed as to the
membership of such committees, the dates and places at which meetings will be
held, and the subject matters to be heard. The City Manager's staff shall keep the
Legislative Committee and the Council advised of hearings on matters affecting
the interests of the City.
The City Council will take action regarding appropriate City representation at
such committees.
2. Appearances and Communications with Others
a. Legislative Advocates and Special Representatives
Legislative advocates and other representatives shall be appointed by the City Council
as necessary. These representatives shall be designated as the authorized l
representatives of the City of Chula Vista to the Legislature of the State of California
and Congress of the United States, and, as may be necessary, other federal, state,
regional and/or local entities or organizations whose actions may impact on the City.
They will attend the sessions of these bodies and present information to aid in the
passage or defeat of legislation or actions when the City Council deems it appropriate
for the City of Chula Vista to so act.
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: ORGANIZATION AND POLICY EFFECTIVE
PROCEDURES ON LEGISLATIVE NUMBER DATE PAGE
MATTERS AFFECTING THE CITY
OF CHULA VISTA 300-01 01-13-87 6 of 8
ADOPTED BY: Resolution No. 12879IDATED: 01-13-87
AMENDED BY: Resolution No. (date of resolution)
All City officers are required to extend their fullest cooperation in technical assistance
to the Legislative Representatives in their presentation of City positions.
From time to time, special representatives of the City may also be designated to contact
specific members of, or to appear as witnesses before, the various legislative bodies
and entities or organizations as may be recommended by the City Manager's office and
approved by the City Council.
b. Appearances by Elected City Officials
Nothing in this section shall be construed to limit the right of elected City officials or
their designees to appear before any governmental body or organization to express their
personal views at any time. However, such elected official should clearly indicate that
the opinion expressed is that official's point of view and not an official City position.
In order to officially represent the City, such appearances must be consistent with the
City's adopted position on the matter. If such elected official or the official's designee
testifies contrary to a City position, the official or designee should state that the
testimony or communication is contrary to an adopted City position.
c. Appearances by City Employees and coordination with City Representatives
The best interest of the City of Chula Vista can be promoted if the efforts of all
representatives of the City are coordinated. The City's duly authorized legislative
representatives, in Sacramento and Washington D. C., cannot perform their work
effectively if representatives of other City offices present information to legislative
bodies, governmental agencies, or other decision-makers which might be contrary to
that presented by the official representatives.
To provide for the proper coordination in the presentation of the City's legislative
program, non-elective officers and employees of the City while acting in their official
City capacity shall, prior to communicating (whether orally or in writing) or testifying
before legislative bodies or administrative entities and other organizations, consult with
the City Manager's office to determine whether the subject of the communication or
testimony is one of policy or is technical in nature. If the subject of the conununication
or testimony of a City employee is of a policy nature, it must be consistent with the
adopted City position.
Any non-elected City official or employee expressing a point of view that is contrary to
an adopted City position must clearly state in the body of the communication or
testimony that: "This is a personal opinion, it is not a City position and it is not
consistent with the City position. Furthermore, I am not acting in my official capacity
as a City officer (or employee)." They must do all of this at their own expense (e.g.,
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: ORGANIZATION AND POLICY EFFECTIVE
PROCEDURES ON LEGISLATIVE NU34BER DATE PAGE
MATTERS AFFECTING THE CITY
OF CHULA VISTA 300-01 01-13-87 7 of 8
Resolution No. 12879 I DATED: 01-13-87
ADOPTED
BY:
AMENDED BY: Resolution No. (date of resolution)
staff, stationary, etc.) and time. This policy in no way is intended to prohibit an elected
official from communicating or testifying the official's own behalf to represent the
official's personal position or the position of that office.
NOTE: The lack of a formal City position on a matter shall not be considered as
permitting the taking of a City position on the matter by an individual City official
and/or employee. Such positions must be cleared through the process described above.
d. Receiving Communications
It is hereby established as a policy of the City Council that non-elective officers and
employees of the City, upon receiving communications directly from governmental
agencies or other organizations which substantially impact the conduct of City business
or have substantial policy implications affecting City policy, shall refer such
communications to the City Manager for review and recommendation to the
Legislative Committee and Council. It is not the intent of this policy to require referral
to the Council of routine communications received by City officers and employees in
the transaction of City business. City staff shall consult with the City manager to
determine whether or not the matter is of a policy nature. Nothing contained herein
shall be interpreted as requiring the delay of a necessary response of an emergency
nature providing that the officer or employee making such emergency response
subsequently comply with the procedures contained herein as soon as possible.
3. Participation on Interagency Policy and Technical Committees
In addition to the City's internal legislative process, the City Council serves on numerous
Interagency Policy and Technical committees that take action on legislative and administrative
items (i.e., National League of Cities, Board of Directors, and Advisory Council, SANDAG,
LAFCO, etc.). Councilmembers serving on these committees will coordinate positions on
legislative/administrative items with the City's Legislative Committee and City Council.
4. Glossary of Terms
a. As used in this section, the terms "legislative matters," "legislation," "legislative
bodies," and similar terms shall include administrative matters, administrative policy,
and administrative agencies and bodies of federal, state or county and other
governmental agencies except when specific differentiation between legislative and
administrative is herein made.
It is the intent of this definition to require that communications from City officers and
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: ORGANIZATION AND POLICY EFFECTIVE
PROCEDURES ON LEGISLATIVE NUMBER DATE PAGE
MATTERS AFFECTING THE CITY
300-01 01-13-87 8 of 8
OF CHULA VISTA
ADOPTED BY: Resolution No. 12879 DATED: 01-13-87
AMENDED BY: Resolution No. (date of resolution)
departments on policy matters be approved through the same process as
communications on legislation. It is not the intent of this definition to require approval
of normal, routine communications to agencies in the transaction of City business.
b. An issue that is policy in nature is one that is more than routine and purely
administrative. It is a matter involving a discretionary judgment, one that cannot be
made by merely reading a code book or a set of existing regulations and following such
without the need of discretion (i.e., non-ministerial). When such a reading is combined,
however, with interpretation that could reasonably appear to be "new policy" of a new
entity, then the matter is ora policy nature.
c. A "session" of a legislative body is the official life of that entity. Each U. S.
Congressional and State Legislative Session lasts two years, commencing with the
taking of office by the newly elected representatives (for the U. S. House of
Representatives or State Assembly) following the November elections every even
numbered year. The same two- year term applies to the U. S. Senate and the State
Senate, even though the terms of individual members may be staggered.
d. As used in this section, those governmental bodies or agencies that impact on the City
of Chula Vista shall include all offices, agencies or departments, whether
administrative or legislative, of thc County of San Diego, regional or quasi-
governmental bodies, the State of California and the Federal government of the United
States.
e. Organizations shall refer to any non-governmental administrative and/or functional
association or society such as but not limited to the National league of Cities or the
League of California Cities.
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING THE 2004 LEGISLATIVE PROGRAM
WHEREAS, Council Policy 300-01, dated January 1987, provides for the adoption of a
City Legislative Program; and
WHEREAS, the Legislative Program represents the City Council's position on items likely
to be acted upon by the State Legislature, Congress, or administrative agencies; and
WHEREAS, by adopting a Legislative Program at the beginning of each two-year
legislative session and amending it at mid-term, Chula Vista is able to take a proactive role in
sponsoring, supporting, or opposing bills related to the City's various legislative priorities; and
WHEREAS, it is necessary to adopt an updated 2004 L~gislative Program to guide staff and
the City's legislative consultant throughout the coming legislative session.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby adopt the 2004 Legislative Program as set forth in Exhibit "A".
BE IT FURTHER RESOLVED that staff and the Legislative Committee are hereby
authorized to implement this program.
Presented by Approved as to form by
David D. Rowlands, Jr.
City Manager City Attorney
J:\attorney\reso\policy\Legis]ative Program 2004
EXHIBIT B
DRAFT 2004 CHULA VISTA LEGISLATIVE PROGRAM
A. Economic Development.
1. Support efforts to:
a. Enhance California's overall business climate with particular emphasis on streamlined
regulations and reduced costs of doing business (including the reactivation of Revenue and
Taxation Code section 5108 personal property tax rebates).
b. Strengthen existing business attraction and retention programs including: Enterprise
Zones, Recycling Market Development Zones and California Infrastructure Bank.
c. Continue and/or enhance funding of State and Federal Economic Development agencies,
including:
i. California Trade and Commerce Agency
ii. U.S. Department of Commerce, Economic Development Administration (EDA)
iii. U.S. Housing and Urban Development (HUD) CommunRy Development Block
Grant and Economic Development Initiative
d. Create new business assistance programs with eligibility criteria for which Chula Vista
would qualify.
e. Create or enhance programs which support cross-border commerce and Chula Vista
import/export companies.
f. Increase the flexibility of the use of HUD Community Development Block Grant funds as
they relate to general economic development projects and programs.
g. Amend California redevelopment laws to allow agencies to extend the life of
redevelopment project areas.
h. Continue the Community Reinvestment Act and accountability to small businesses
development programs.
B. Energy.
1. Support measures that:
a. Assist the City and its energy consumers in improving supply/demand conditions and
enhance conservation measures.
b. Require the Public Utilities Commission to implement the intent and spirit of AB 117
(statutes of 2002) re~arding "community a~re~ation' and "public purposes goods fees".
c. Preserve local options to control and fund the supply and distribution of energy (including
the formation of a municipal utility district) or conservation programs.
d. Enhance the City's ability to enter into distributed generation agreements without having
to pay stranded transmission or distribution charges.
e. Impose fair and reasonable price caps.
f. Repeal the provisions in ABxl 1 (statutes of 2001) that suspend customer choice.
g. Maintain the provision that municipal aggregation programs are available on an "opt-out"
basis, and allow Municipal Utilities to phase-in a~re~ation within a reasonable period.
h. Allow public agencies (not just municipal utilities) to participate in state power supply
programs.
i. Encourage the use of real time metering.
Increase incentives for in-state or local photovoltaic and other "g~en" alternative energy
SOUI'CeS.
k. Ensure transmission of energy is done through new or existing local generation sourc~
and/or renewable sources.
Note: There is a growing movement to import energy from out of state that is generated using fossil fuels and
other non-renewable sources. This has long-term impacts on air quality as well as fiscal implications related to
transmission congestion charges imposed on Chula Vista and other local ratepayers.
1. Implement efficiency-enhancing technologies (such as combined cycle generation) that
improve consumer choice and/or enhance competition among energy providers~
particularly in service territories primarily dependent on Investor Owned
2. Oppose measures that:
a. Impinge on or restrict the City's ability to exercise land use review/control with respect to
the generation or transmission of power.
b. Erode the City's abihty to acquire/generate power from alternative sources, operate as a
municipal utility, or enter into aggregation and/or distributed generation arrangements.
c. Impose municipal departing load charges end other municipal exit fees~ as well as attemp~
to regulate or limit municipal rights under the state constitution.
d. Would allow the Public Utilities Commission or Investor Owned Utilities to limit local
participation in the use/allocation of Public Purpose Goods Fees.
C. Environmental Protection.
1. Support efforts to:
a. Require an environmental impact report (EIR) for large projects/utility mergers.
b. Obtain funds for wetlands and riparian habitat acquisition & restoration, for acquisition of
land needed for multi-species habitat conservation planning, for acquisition, development
& maintenance of open space, greenbelts, rivers, streams and trails, so long as these funds
are not provided at the expense of other, significant programs supported by the City.
c. Fund planning and land acquisition for Natural Community Conservation plans.
d. ObtaIn funds for comprehensive environmental management planning for San Diego Bay.
e. Prohibit the granting of new leases for oil and gas development In state-owned coastal
waters off San Diego County.
f. Encourage the installation of water/energy conserving fixtures in new & existing
buildIngs.
2
g. Obtain funding for water conservation to include the construction of reclaimed water
distribution systems, and fixture and irrigation system renovation and retrofit.
h. Encourage post-consumer recycled product use in manufacturing, residential and business
applications through incentives, educations, promotions, etc.
i. Ensure long-term agreements that provide recycling incentives and/or profitable markets
for a broader range of products than are currently recycled.
j. Require "disposal warning" labeling on household hazardous materials, which reduce the
use of toxic materials, and which promote nontoxic alternatives to present materials.
k. Require minimum content standards for use of recycled materials in manufacturing
processes.
I. Provide funding for environmental enterprise incentives, specifically Recycling Market
Development Zones (RMDZ).
Note: The RMDZ program has been extended through 2006. Chula Vista and the City of San Diego have a signed
MOU for an RMDZ partnership. Program is being implemented.
m. Expand the bottle bill legislation to include more food and beverage packaging.
n. Expand the number of advance disposal fees "'~ :- -~-zr!:z~- a-r~:'c--- ~-~'~z~, and
accompanying block grant l~rograms to provide recycling incentives and funding for
household hazardous waste, universal wastes and electronic wastes, particularly computer
monitors and television CRTs.
o. Enact a statewide landfill ban on designated recyclables.
Note: Tlfis would encottrage development of new feedstock capacity and strengthen/stabilize long-term markets.
p. Reauthorize the Federal Water Resources Act, including provisions to raise the
reimbursement limit and provide reimbursement for construction expenditures.
Note: With a revised reimbursement lhnit, Chula Vista could be eligible for up to an additional $5 million for
further tn~provements along the Telegraph Canyon Creek flood control channel.
q. Modify the Clean Water Act to give the City of San Diego an exemption from current "mass
emission reduction" requirements.
r. Limit environmental mitigation requirements for construction and maintenance of
drainage facilities in urban areas, especially in developed neighborhoods, in favor of
structural and other Best Management Practices.
Note: At present, the City may be required to purchase mitigation land anaounting to as much as fotrr times the
project size. With projects in developed neighborhoods, mitigation n~quirements can requh'e more complex
drainage improvements and the dedication of larger portions of the property owner's lot.
S. Grant local agencies authority to file appeals with the State Water Quality Control Board
(SWQCB) concerning actions by a Regional Water Quality Control Board (RWQCB).
t. Advance the use of low-emission and zero-emission vehicles through market incentives,
credits, rebates, public/private partnerships and other innovative solutions.
u. Create incentives for renewable power generation and distribution.
v. Create incentives for energy-efficient building programs.
w. Develop and apply a standardized state/national definition of "greenpower'.
x. Require "truth in labeling" with respect to green power generators and providers.
y. Improve the coordination of State, Federal and local agency responses to a~r quality control,
energy and environmental protection.
z. Establish green house gas emissions as a regulated pollutant.
aa. Provide State or Federal funding to construct facilities to capture and treat the flow of raw
sewage entering San Diego from Tijuana.
bb. Encourage development of environmentally sound techniques for treating hazardous
waste to reduce its volume and eliminate any toxicity without infringing on home rule
authority over the decision of whether (or when) to implement such techniques.
cc. Provide funding from State, Federal or outside sources to study the water quality/toxic
pollution in San Diego Bay.
dd. Encourage development of water resource facilities and make improvements to the delta
without imposing unfunded mandates on local governments.
ee. Provide financial assistance a'. ~c Fz~cra! !c-:c! to construct new and upgrade existing
secondary treatment facilities in San Diego County.
Note: Funds from all sources should be pursued.
ff. Improve the efficiency of environmental regulations and enforcement actions of such
agencies as: Department of the Interior, Corps of Engineers, Department of Commerce,
National Oceanic and Atmospheric Administration and Environmental Protection Agency.
gg. Provide for streamlined environmental permitting processes for public works projects that
are included within an adopted multiple species conservation plan that is in conformance
with the State's Natural Community Conservation Program.
2. Oppose efforts to:
a. Nullify or weaken the current climate change treaty (Kyoto Protocol) that requires the
United States to reduce its greenhouse gas emissions by 7% from 1990 levels by 2010.
D. Fiscal Support/Home Rule.
1. Support efforts that:
a. Permit retention and control by local governments of a greater portion of revenue
generated by Federal State, and local taxes, fees and fines (e.g. vehicle code fines).
b. Require the Federal government and State to reimburse local governments for all
mandated costs or regulatory actions or that allow cities to cease performance of unfunded
mandates.
c. Retain maximum flexibility in the administration of Article XmB, XIIIC and XIIID of the
state constitution (XIIIB: the Garm Initiative--local expenditures are limited by population
growth and CPI factors; XIIIC & D: Proposition 218).
4
d. Expand local autonomy or the home rule authority to govern municipal affairs.
e. Enhance the quality of urban life by funding the creation, improvement, or expansion of
parks, libraries, community services and infrastructure, such as roads, flood control, etc.
f. Provide State/Federal funding for construction or renovation of public buildings such as
community centers, libraries, civic center, etc.
g. Expand the sales tax base to include mail order sales/home shopping sources, internet-
based commerce.
h. Provide that cities and school districts can issue general obligation debt with a majority
vote instead of the current 2/3-vote requirement.
i. Ensure that, upon dismantling of the South Bay power plant, the City/Agency receives in-
lieu revenues to replace any monies lost as a result of plant relocation.
j. Provide for fiscal reform in the form of greater reliability, certainty, and equitability of state
funding for local governments.
k. Reallocate sales and property taxes to the benefit of local governments.
1. Permit government agencies to pass through, to the consumer, the bank fees associated
with credit card transactions.
Note: The City wou~d be better able to offer the convenience of credit card usage to area/residents, businesses if
local government were not prohibited from passing these bank costs to the consumer.
m. Protect cities' ability to fund capital improvement projects through tax-exempt bonds.
n. Increase the Industrial Development Bond cap.
o. Promote cooperative purchasing opportunities for local government, (i.e. master
agreements, California Multiple Award Schedules, State price lists) along with
opportunities to process and disseminate bids via electronic means.
2. Oppose efforts to:
a. Restrict the use of, or reallocate, city revenues such as Vehicle License Fee funds, Transient
Occupancy Tax revenues, and Business License Tax revenues.
b. Exempt residential users from the Utility users tax.
c. Reallocate fines and forfeitures to the detriment of cities.
d. Repeal Gas Tax exemption for local agencies.
e. Reallocate sales and property tax revenue to the detriment of cities.
f. Limit cities' authority to enact or impose mobilehome or residential rent control.
g. Limit cities' authority to: enact and assess fees to recover the full cost of providing user-
specific services; recover the full costs of assessment district maintenance; license or lease
use of any property within the jurisdiction of the City by telecommunication companies,
utilities or cable providers.
h. Infringe on home rule authority to act on local budget and fiscal matters or other municipal
affairs, or to impose unfunded mandates onto local government.
i. Overhaul the California PubLic Records Act in a way that would: restrict civiles' control of
the means of access to information assets (e.g. computer databases, proprietary software),
limit cost recovery for providing such access, or violate the privacy of the par~es from
whom the data was collected.
j. Limit imposition of franchise fees, taxes, or other compensation for use of public right-of-
way; local rate regulation; operational oversight; or right-of-way controls on cable or
satellite television operators and other telecommtmications providers and utilities.
k. Preclude cities from collecting Utility users tax (UUT) revenue on cellular or digital
telephone use when negotiating UUT agreements.
E. General Government.
1. Support efforts to:
a. Subject the State Legislature to the same requirements for public meetings, advance
agenda, etc. as are currently imposed on cities through the Brown Act.
b. Limit to 1% the amount of administrative costs the Board of Equalization may charge to
administer local sales taxes such as San Diego's half-cent sales taxes for transportation and
justice facility construction.
c. Facilitate increases in Open Space District assessments by an amount not to exceed the
Consumer Price Index (CPI) or higher if increased costs are beyond the control of local
governments (e.g. imposed by water districts).
d. Select Chula Vista as the site of a new University of Californ~ or other four-year
institution, as well as efforts to facilitate such an eventual designation.
e. Provide funding for Chula Vista's SMART Community program, alternative fuels
programs, and other technology-based projects.
f. Fund school facility construction programs without increasing the fiscal burden of local
government.
g. Clarify the authority of school districts to impose facilities fees established by Ch. 887,
Statutes of 1986 (AB2926).
h. R~am~a Maintain Chula Vista's ~ central position in the 40~ Senate District and 79~
Assembly District.
2. Oppose efforts to:
a. Mandate district elections in all cities and/or school districts.
b. Impose border crossing fees on the U.S./Mexico international border.
c. Impose greater restrictions on local government through amendment of the Brown Act.
d. Divide cities among multiple Congressional, State or Supervisorial districts.
F. Housing & Community Development.
1. Support efforts to:
a. Exclude redevelopment agencies from competitive bidding statutes and fair market value
restrictions for resale of public properties to permit joint development of public facilities by
private developers upon findings of pubhc benefit.
b. Extend the following three Federal Low-Income Housing Programs:
i. Mortgage Credit Certificate Program for low/moderate income home buyers;
ii. Tax Credits for low income housing programs; and,
iii. Continue funding for HUD HOME and HOPE Programs.
c. Change Federal banking regulations to exempt banks from having to count financing or
Letters of Credit for low Income housIng in their risk capital limit calculations.
d. Provide additional or enhanced State/Federal or other assistance to first-time homebuyers,
including efforts to increase funding for the City's Mortgage Credit Certificate program.
e. Support principles for housing element reform legislation as recommended by the
SANDAG Housing Element Advisory Committee and approved by the SANDAG Board.
f. Prevent the loss of affordable housing units through federal funding for acquisition of at-
risk units by non-profit agencies; and special section 8 subsidies for affected low-income
tenants.
g. Encourage the use of alternative dispute resolution measures as opposed to costly and time
consuming litigation in condominium and townhouse construction defect challenges.
Note: The proLiferation of lawsuits over alleged construction defects has led to a substantial withdrawal from
condominimn/townhouse construction by the development industry throughout California. These attached
homes are a critical element in the first-time home buyer market.
h. Develop Federal and State participation and financial support for programs to provide
adequate housing for the elderly, handicapped and low-income persons throughout the
community.
i. Maintain and create tax incentives for private revitalization of existing commercial
industrial and housing resources where such assistance benetits the City.
j. Allow local jurisdictions to adopt the international Residential Code as an alternative to
state-mandated codes as a means of reducing the cost of new housing.
Note: warring factiom in the building industry are manipulating current state codes in a power struggle. This
addition to the Legislative Progxam is suggested as a meam of neutralizing that power struggle while still meeting
the safety needs of the public.
2. Oppose efforts to:
a. Grant the State or Federal government approval or veto authority in the implementation of
local redevelopment and rehabilitation projects.
b. Prohibit any state agency from makIng subventions, financing, insurance or any other kind
of assistance, available to any city or county that has in effect any rent control measure.
G. Land Use Planning.
1. Support efforts that:
a. $~'engthen local governments' powers and capacity to prepare, adopt and implement plans
and programs for orderly growth, development, beaufffication, and conservation of their
planning areas.
b. Are consistent with the doctrine of "home rule" and the local exercise of police powers,
through the planning and zoning processes, over local land use.
c. Expand the land use, conservation, and growth management policies of municipalities to
the unincorporated territories within their spheres of influence.
d. Broaden local government's power to require developers and subdividers to provide the
on-site and off-site facilities and infrastructure needed by their projects.
e. Maximize the authority of the City to exercise local control over general plan decisions.
f. Require special districts and school districts, including community colleges, to adopt
facility master plans which are consistent with City and County general plans and growth
management programs, and to adopt five year capital improvement programs and
financing plans which are consistent with their facility master plans.
g. Limit Coastal Commission authority over land use decisions outside the Coastal Zone,
including those that are tied to Federal permits such as Habitat Conservation Plans and
Incidental Take Permits pursuant to the Federal Endangered Species Act.
h. Provide local government incentives and funding priority for facilitating smart growth
principles in their planning programs.
2. Oppose efforts to:
a. Abridge local governments' ability to effectively plan, or regulate local land use including:
amendments to the laws governing the local agency formation commission (LAFCO);
legisla~on which would financially overburden local governments in their efforts to amend
planning policy, regulate land use through removal of incompatible developments,
redevelop blighted areas, or annex territories which are within a city's spheres of influence.
b. Site airports that would adversely impact the Chula Vista area.
c. Politicize the adoption of State Mandated Building and Life Safety Codes.
d. Introduce major changes to Building, Energy or Accessibility code requirements without
providing sufficient time and resources for local government and industry training.
H. Library.
1. Support efforts to:
a. Provide continued, augmented or full funding for the: California Public Library Fund
(PLF), Library of California and California Library Services Act (CLSA), including
Transaction Based Reimbursements, literacy programs and library services for all age
groups.
b. Provide for continued and/or augmented funding of the Federal Library Services and
Technology Act.
c. Fund library construction and/or renovation.
d. Provide programs at both the State and Federal level that guarantee for libraries the largest
possible discount in rates for telecommunication services, internal connections and access
to the Internet.
e. Preserve existing provisions that exempt libraries from having to act as censors of literature
or informalion.
I. Parks & Recreation.
1. Support efforts to:
a. Provide State/Federal funding for such City programs as those supporting: the arts, child
care, after school programs, gang prevention and diversion, and drug prevention and
intervention in a community-based recreation setting.
b. Provide funds for construction of new parks as well as renovation of deteriora~tg park
and recreation facihties.
J. Public Employer-Employee Relations.
1. Support efforts to:
a. Protect the rights of cities to establish conditions of employment, including hours, wages,
employee benefits, the meet-and-confer process, appeal procedures, and management
rights.
b. Reform California Workers' Compensation Program to reduce public costs and tighten
restrictions.
c. Amend the Faht Labor Standards Act to ensure that executive, administrative and
professional employees still qualify as exempt.
2. Oppose efforts to:
a. Impose restrictions on the scope and authority of charter cities to control their own health
plans or retirement systems.
b. Mandate the inclusion of local government employees in the Social Security System and/or
Medicare.
c. Increase workers' compensation benefits without also making needed reforms.
d. Mandate changes, impose limitations, and/or other benefit plans, wages, hours, or
working conditions that are properly determined through the mee- and-confer process.
e. Mandate binding arbitration in public employee disputes.
f. Reduce local control over public employee disputes and impose regulations of an outside
agency (such as PERB).
g. Prohibit employers from testing employees or employment applicants for illegal
substances.
K. Public Liability.
1. Support efforts to:
a. Change the legal principal of "joint and several liability" to protect the City against "deep
pocket" liability.
b. Reinforce public entity design and discretionary act immunity.
c. Prohibit recovery by a plaintiff for injury where those injuries were caused as a result of
avoiding a police pursuit.
d. Minimize governmental financial exposure to frivolous lawsuits and improve liability
protection for governmental agencies and their personnel.
e. Expand the existing list of "hazardous activities" so that public entities and public
employers are not liable for injuries to any individual(s) who participate in these activities
(e.g. skateboarding, rollerblading).
2. Oppose efforts to:
a. Further erode government inununity.
b. Force the City to accept risks it would not normally accept in the ordinary course of
business (e.g. mandating acceptance of below-grade or low-grade sureties on performance
bonds or labor and materials bonds).
c. Repeal Proposition 213 (1996) that prevents uninsured motorists from collecting damages,
other than property damages, through litigation.
Note: Trial Lawyers Assoc. hopes to repeal this measure protecting cities, among others, from undue liability.
L. Public Safety.
1. Support efforts to:
a. Strengthen present State and Federal laws that give local governments the power to further
restrict or regulate prostitution.
b. Increase penalties for the manufacture or sale for profit of dangerous drugs.
c. Prohibit the sale and brandishing of replica or facsimile firearms.
d. Toughen drunk driving laws, penalties or errhancements.
e. Strengthen the City's abihty to regulate public displays of material that is harmful to
minors.
f. Legalize alternative methods of pohce enforcement activities.
g. Provide greater authority for police or other local agencies to control graffiti, curfews,
juvenile crime and alcoholic beverage control.
h. Provide funding for local public safety staffing, programs or equipment, as well as
programs that foster interdepartmental or inter-agency cooperation.
i. Develop a uniform "junk gun" ban that does not restrict the type of weaponry used by off-
duty law enforcement officers.
j. Protect local governments' ability to establish/determine the level of Emergency Medical
Service (EMS) provided within their own boundaries.
k. Provide reimbursement to local government for "first responder" costs associated with pre-
hospital treatments such as those provided by local fire department personnel.
1. Increase municipal funding for the removal of abandoned vehicles.
2. Oppose efforts to:
a. Preempt local public safety ordinances.
b. Reduce State/Federal funding for public safety programs.
c. Reduce or impair the authority of local agencies to control graffiti, curfews, juvenile crime
and other public safety issues.
d. Change/remove date, and/or shift to the employer, the burden of proof related to all
illness presumptions.
M. Public Works & Transportation.
1. Support efforts to:
a. Provide funding to complete missing freeway links (e.g. SR-125 and 1-905).and other critical
transit corridors or transportation projects.
Note: Construction of the Sweetwater segment of SR-125 has begun. It is in the City's best interest to ensure that
completion of the project remain a high priority for the State.
b. F'a.~ !cza! ~a.-_~Fc.-~c~. Fzc~.az~ ......... o ....o ......... ~-o-~ ........... ~-~--~ -rr!~ .v
Note: This item is being combined with item "a" above.
c. Reduce municipal costs associated with CalTrans projects.
d. Allow local agencies flexibility in compliance with the Americans with Disabilities Act to
provide the greatest benefit to the local disabled population, rather than committing scarce
resources to achievement of 2% maximum sidewalk and driveway slopes.
e. Revise speed limit laws to allow for radar enforcement of residential street speed limits
(e.g. at levels below the 85th percentile as determined by a traffic study).
f. Require CalTrans to allow cities an exemption from CalTrans' public work project
requirements if that required work is a result of improper maintenance on CalTrans' part
or, require CalTrans to pay for such additional work if it is included as part of a local
agency's public works project.
g. Amend PUC regulations to prohibit utilities from locating cables directly into concrete
sidewalks and require said cables to be placed 24"-36" below sidewalk surfaces.
Note: Engineering and Public Works staff report an on-going problem in finding telephone cables embedded in the
h. Exempt all city vehicles and transit drivers from the Biennial Inspection of Terminals
program requirements for "drivers hours of service" during emergencies, similar to the
exemption granted to gas and electric companies.
no exemptions for dry vehides other than those operated by the Fire Department. It unnecessarily restricts dry
or earthquake damages.
i. Increase the priority given to public works facility funding from State and Federal sources
to projects (including but not limited to roads, bridges and light-rail transit facilities) that
are linked to implementation of "smart growth" policies (e.g. jobs/housing balance, transit
oriented development, etc.)
j. Allow cities to collect fees for use of the public right of way from currently exempt users
such as telecommunications companies.
k. Provide funds to assist cities in meeting the National Pollutant Discharge Elimination
System (NPDES) requirements.
1. Provide fair share allocation of clean water grants and bond funding to communities in
southern California.
2. Oppose Efforts to:
a. Further restrict development impact fees for roads, bridges, and public facilities levied
against developers of property.
b. Further restrict fees and assessments levied against individuals or entities receiving a
special benefit.
N. Redevelopment.
1. Support efforts to:
a. Amend the State Community Development law to allow a jurisdiction to combine tax
increment from all projects for use in a specific project.
b. Extend the life of redevelopment project areas, as well as the time during which debt may
be incurred or issued in those project areas.
c. Facilitate the formation of Business Improvement Districts and extend the life of those
districts.
d. Increase funding/incentives to redevelop brownfield projects
e. Adjust Redevelopment Agency members pay (more than $30 per meeting, up to 4 times
per month).
f. Provide funding for urban waterfront restoration projects and the enhancement of the
waterfront within the southern San Diego Bay.
g. Provide funding for the Chula Vista Nature Center.
h. Facilitate the recommissioning, redesign or relocation of the S~a Diego Unified Port District
South Bay Power Plant and assist with the redevelopment of this bayfront property.
i. Coordinate Federal Coast Zone Management Act, Environmental Protection Agency (EPA)
regulations and State Coastal Zone Act, in an effort to eliminate duplicate efforts.
j. Allow certain land uses under the State Tidelands Act that are conducive to providing jobs
in the "high tech industry".
2. Oppose efforts to:
a. Discontinue State supplemental subvention for redevelopment agencies.
b. Further control or restrict the use of tax increments in redevelopment projects.
c. Reduce the number of San Diego Unified Port District Commissioners and/or require
commissioners to be elected members of the city council that they represent.
c\.. A2OO3~memos\O41¢gpgm.doc
Memo
To: Lorraine Bennett, Deputy City Clerk
Fron~ Anne L Hanq~on, Constituent Set*ices Manager
Date: 11/18/2003
Rez Appointment to Nature Center Board of Trustees
Mayor Stephen Paditl, is would like to appoint Mr. Richard Wyllie to the~tu~ Center Board of
Trustees. Please phce this on the City Council agenda of November 25,~g~l.~for ratification. If
you have my questions, please contact me at x5812. Thank you for your ass/stance.
Anne L.
Constituent Services Manager
1