HomeMy WebLinkAboutAgenda Packet 2004/01/06
CITY COUNCIL AGENDA
January 6, 2004 4:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
~~~
~
,. -- -- ---- .--
- - - -
~~~~
ellY 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
**********
- -_.__._--~-----~----_._~----_.~._~._---------,--- -,.....--..-.-..-
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted this
. document on the bulletin board according 10
Brown Act requirementa.
January 6, 2004 AGENDA ~
Dated 1/0,/0</ Slgnec.t ~/~P.M.
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
. INTRODUCTION BY BUCK MARTIN, DIRECTOR OF RECREATION, OF THE
EMPLOYEE OF THE MONTH, TED NELSON, RECREATION SUPERVISOR III
CONSENT CALENDAR
(Items I tbrough 10)
The Council will enact the Consent Calendar staff recommendations 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.
1. APPROVAL OF MINUTES of the meeting of November 25,2003.
Staffrecommendation: Council approve the minutes.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING MUNICIPAL CODE CHAPTER 17.10, "PARKLANDS AND PUBLIC
FACILITIES," RELATING TO THE COLLECTION OF IN-LIEU PARK
ACQUISITION AND DEVELOPMENT FEES FROM RESIDENTIAL
DEVELOPMENTS THAT ARE NOT REQUIRED TO SUBMIT A SUBDIVISION
MAP OR PARCEL MAP (SECOND READING)
Adoption of the ordinance enables the City to collect park acquisition and development
fees ftom all residential developments, regardless of the land development approval
process that they are required to follow. This ordinance was introduced at the Council
meeting of December 16, 2003. (Director of General Services)
Staff recommendation: Council adopt the ordinance.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE PURCHASE AND LEASE OF MULTI-FUNCTION COPY
MACHINES FROM SAVIN CORPORATION ON AN AS-NEEDED BASIS IN
ACCORDANCE WITH TERMS AND CONDITIONS OF A MIAMI DADE COUNTY
COOPERATNE AGREEMENT WITH THE U.S. COMMUNITIES GOVERNMENT
PURCHASING ALLIANCE
Miami Dade County has bid out the purchase and lease of multi-function copy machines
from Savin Corporation tbrough the U.S. Communities Government Purchasing Alliance.
Chula Vista qualifies for all rights and privileges available through participation in this
national agreement. (Director of Finance)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH COUNTY OF SAN DIEGO TO PURCHASE
UNLEADED GASOLINE AND DIESEL FUEL FOR USE BY CITY VEHICLES
For many years, the City has principally fueled its vehicles, especially those operating in
the western portions of the City, at the former Corporation Yard. With the opening of the
new Public Works Center, the City wishes to redevelop the former Corporation Yard site
to a higher and better use. In order to make the property ready for sale, fueling activities
need to cease, and the City needs to identify an alternate fueling site. Adoption of the
resolution allows the City to fuel at County fueling stations tbroughout San Diego County
and, more specifically, at the County facility on H Street. (Director of General Services)
Staffrecommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT, ANY
AMENDMENTS THERETO, AND ANY OTHER DOCUMENTS NECESSARY TO
SECURE A JOBS HOUSING BALANCE INCENTIVE PROGRAM GRANT FROM
THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
On June 25, 2003, the City received a conditional commitment of grant funds in the
amount of $1,662,831 from the California Department of Housing and Community
Development under the Jobs Housing Balance Incentive Grant Program (JHBP).
Funding for JHBP has been made available pursuant to Proposition 46, the Housing and
Emergency Shelter Trust Fund of 2002. Grant funds are proposed to be used for the
construction or acquisition of capital assets that serve to benefit the community.
Adoption of the resolution authorizes the City Manager to execute a standard grant
agreement required by the State of California for participation in the JHBP. (Director of
Community Development)
Staff recommendation: Council adopt the resolution.
6. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 10.52.110 RELATING TO THE PARKING OF
VEHICLES FOR SALE, ADVERTISING OR DEMONSTRATION PURPOSES
(FIRST READING)
In an effort to clarify parking laws and to ensure consistency with federal and state law,
the proposed ordinance amensd a section of the Municipal Code regulating the parking of
vehicles for sale, advertising, or demonstration purposes. (Police Chief)
Staff recommendation: Council place the ordinance on first reading.
Page 2 - Council Agenda January 6, 2004
7.A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE REORGANIZATION OF THE GENERAL SERVICES
DEPARTMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE REORGANIZATION OF THE ENGINEERING DEPARTMENT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE REORGANIZATION OF THE PUBLIC WORKS OPERATIONS
DEPARTMENT
With the pending retirement of the Director of Engineering, staff has determined that the
City will realize substantial benefits by eliminating the Engineering Department as an
independent department and merging portions of it into the General Services Department
and the Public Works Operations Department. These benefits include increased
efficiencies in the management of the tasks the current Engineering Department
undertakes and a more effective organizational structure for the staff of the department.
The reorganization also recognizes the operational relationships that the various sections
of the Engineering Department already have with the General Services and Public Works
Operations Departments. Most importantly, the reorganization enables the City to place
all of the City's capital budgeting and project management activities within a single
department, the General Services Department. (City Manager and Directors of General
Services, Public Works Operations, and Human Resources)
Staffrecommendation: Counci] adopt the resolutions.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE REORGANIZATION OF THE COMMUNITY DEVELOPMENT
DEPARTMENT AND AMENDING THE FISCAL YEAR 2004 BUDGET TO
REFLECT THE ORGANIZATIONAL CHANGES (4/5THS VOTE REQUIRED)
The proposal is to reorganize the Community Development Department to more
effcctively respond to new challenges and opportunities. In order to meet anticipated
needs, the proposed resolution authorizes the addition of tbree new positions and salary
adjustments for existing positions. The resolution further authorizes the reclassification
of certain positions to allow thc Director to flexibly staff and place incumbents in the
appropriate position based upon their knowledge and abilities at no loss to their
respective salaries, while allowing new opportunities for growth in their classification.
(Directors of Community Development and Human Resources)
Staff recommendation: Council adopt the resolution.
9.A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS, ADVANCES
AND INDEBTEDNESS WITH RESPECT TO THE REDEVELOPMENT PLAN FOR
THE MERGED REDEVELOPMENT PROJECT (FIRST READING)
Page 3 - Council Agenda January 6, 2004
-- -- -_...._-~ - - ",..._...-~-_. ....--. ___m__ --. ~
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS, ADVANCES
AND INDEBTEDNESS WITH RESPECT TO THE BA YFRONT/TOWN CENTER I
REDEVELOPMENT PLAN (FIRST READING)
In 2001, California redevelopment law was amended to allow local legislative bodies to
adopt ordinances removing time limits on the establishment of loans, advances and
indebtedness with respect to redevelopment plans originally adopted prior to January 1,
1994. The amendment allows agencies to incur debt at any time during the time that the
plans are effective. All Chula Vista redevelopment plans were originally adopted prior to
1994, and all of them currently have limitations on loans, advances and indebtedness.
Adoption of the ordinances removes the existing time limits and allows the City to issue
debt at any time during the effective life of the corresponding redevelopment plans.
(Director of Community Development)
Staffrecommendation: Council place the ordinances on first reading.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DESIGNATING A REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES
PURSUANT TO PART 1 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND
SAFETY CODE AND AUTHORIZING PREPARATION OF A PRELIMINARY PLAN
The Redevelopment Agency is proposing to add territory to its Town Centre II, Otay
Valley and Southwest redevelopment plans. The first required Council action in the
process is to designate a "survey area," which is a study area that encompasses all parcels
under consideration for the formation of, or expansion to, a redevelopment project area.
Council adoption of the proposed resolution commences the formal process for
consideration of expansion of the existing redevelopment project area boundaries.
(Director of Community Development)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
Page 4 - Council Agenda January 6, 2004
--..-- ,no.____ _.,.",..._._.,__ .. _~__.__~.,_.._,__ '-'--------"
11. CONSIDERATION OF A MODIFICATION TO ORDINANCE NUMBER 2944,
PURSUANT TO SECTION 19.14.577 OF THE CHULA VISTA MUNICIPAL CODE,
WHICH APPROVED A PRECISE PLAN FOR A MIXED-USE RESIDENTIAL AND
RETAIL DEVELOPMENT AT 825 BROADWAY
The City proposes a modification to Ordinance No. 2944 (adopted December 9, 2003),
which approved a Precise Plan for a residential (senior housing)/retail mixed-use project
at the northeast comer of Broadway and Sierra Way. The modification consists of
revising the site plan in order to incorporate vehicular access along Broadway without
precluding the use of the previously approved access rrom the northerly adjacent school
access easement. The purpose for the proposed ordinance modification at this time is to
allow for further input from the surrounding neighborhood.
Staff recommendation: Council conduct the public hearing and then approve or deny
placing the following ordinance on first reading:
ORDINANCE OF THE CITY OF CHULA VISTA MODIFYING ORDINANCE
NUMBER 2944, WHICH APPROVED A PRECISE PLAN FOR A MIXED-USE
RESIDENTIAL AND RETAIL DEVELOPMENT AT 825 BROADWAY
WITHIN THE SOUTHWEST REDEVELOPMENT AREA
BOARD AND COMMISSION RECOMMENDATION
12. CONSIDERATION OF REPORT FROM THE CAMPAIGN CONTRffiUTION
ORDINANCE COMMITTEE
In response to a Council referral, the Campaign Contribution Ordinance Committee
(CCO) was formed to review Municipal Code Section 2.52 and recommend a revised
ordinance that clarifies the City's campaign finance rules and is consistent with state and
federal law. The committee consists of Councilmember Davis, John Moot, Esq., Cheryl
Cox, representing the Charter Review Commission, and Armida Martin del Campo and
Ricardo Gilbert, representing the Ethics Commission. The CCO has met and proposes a
revised Campaign Contribution Ordinance for Council consideration.
Committee recommendation: Council accept the report and direct Staff to bring the
revised ordinance forward for first reading.
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
]3. CITY MANAGER'S REPORTS
14. MA YOR'S REPORTS
. Ratification of appointment of City of Chula Vista's representative on the Board
of Port Commissioners.
]5. COUNCIL COMMENTS
Page 5 - Council Agenda January 6, 2004
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).
16. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
. One case (Installation of wireless telecommunication facilities in City
rights-of-way.)
ADJOURNMENT to the Regular Meeting of January 13, 2004, at 6:00 p.m. in the Council
Chambers, and thence to an Adjourned Regular Meeting on January 14, 2004 at 4:30 p.m. at the
Corporation Yard, located at 1800 Maxwell Road.
Page 6 - Council Agenda January 6, 2004
ORDINANCE NO. - S)O?\\O~
ORDINANCE OF THE CITY COUNC~\t:~TY OF
CHULA VISTA AMENDING THE AL CODE,
CHAPTER 17.10 "PARKLANa BLlC FACILITIES"
RELATING TO THE COL N OF IN-LIEU PARK
ACQUISTlON AND DEVELOPMENT FEES (PAD FEES)
FROM RESIDENTIAL DEVELOPMENTS THAT ARE NOT
REQUIRED TO SUBMIT A SUBDIVISION MAP OR PARCEL
MAP.
WHEREAS, the City has previously adopted Ordinance No. 2886, as amended,
pertaining to the collection of PAD Fees; and
WHEREAS, the current regulations refer to those residential developments that are
required to submit a subdivision map or parcel map as part of the land development approval
process; and
WHEREAS, it is anticipated that some areas of the City will be developed or redeveloped
in a manner that does not require the submission of a subdivision map or parcel map; and
WHEREAS, the development of new residcntial dwelling units, regardless of the manner
in which the development plans are proposed, processed and approved, have the same effects on
the need for park and recreational facilities in the City; and
WHEREAS, it is the position of the City tbat all new residential developments should be
treated consistently and uniformly throughout the City as they relate to the collection of PAD
Fees; and
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION 1: That Section 17.10.010 of the Municipal Code be amended to read as follows:
"17.10010 Dedication of land and development of improvements for park and
recreational purposes.
Pursuant to the authority granted by Section 66477 of the Government Code of
the state, every subdivider or developer of new residential developments, shall,
for the purpose of providing neighborhood and community park and recreational
facilities directly benefiting and serving the residents of the regulated subdivision,
or in the case of a development not requiring a subdivision of land, benefiting and
serving the residents of those new developments, dedicate a portion of land and
develop improvements thereon or in lieu tbereofpay fees for each dwelling unit in
the subdivision or residential development, or do a combination thereof. as
req uired by the city m accordance with this chapter. The dedication,
improvement or payment of fees in lieu thereof or combination thereof shall be
applicable to all residential subdivisions and new residential developments not
required to file a subdivision plan of any type allowed under the various and
several residential zones of the city and shall be in addition to any residential
construction tax required to be paid pursuant to Chapter 3.32 CVMe. (Ord. 2886
91,2002)."
~-I
...-.' -.---.---.- --_.-_._-_._-,._--~---_.__._-,- . _._,._---~-_..-
Ordinance
Page 2
SECTION II: That Section 17.10.030 of the Municipal Code be amended to read as follows;
"J 7.10.030 Application.
The provisions of this chapter shall apply to all subdivisions and divisions created
by parcel maps and residential developments not requiring final subdivision or
parcel maps, excepting therefrom industrial and completely commercial
subdivisions and those subdivisions or divisions of land for which tentative
subdivision or parcel maps have been filed within 30 days after the effective date
of this chapter. (Ord. 2886 91,2002)"
SECTION Ill: That Section 17.10.040 ofthc Municipal Code be amended to read as follows:
"17.10.040 Area to be dedicated - Requircd when - Amounts for certain uses.
The amount of parkland dedication required, in accordance with CVMC
17.10.010 tbrough 17.10.110 is based on a standard of tbree acres per 1,000
peopJe and shall be offered at thc time of filing of the final map, or in the case of a
residential development that is not required to submit a final map, at the time of
the first building permit application. The area to be dedicated shall be as !ollows:
A. Single-family dwelling units, including single family detached homes and
detached condominiums, 3.52 persons per dwelling unit, 460 square feet
per unit, or one acre per 95units;
B. Multiple-family dwelling units, including attached condominiums,
townhouses, duplexes, triplexes and apartments, 2.6\ persons per dwelling
unit, 341 square fect pcr unit or onc acre per 128 units;
C. Mobilehomes, 1.64 persons per dwclling unit, 214 square feet per unit, or
one acre per 203 units;
D. ResidentiaJ and transient motels/hotels, 1.50 persons per dwell ing unit,
196 square feet pcr unit or onc acre per 222 units.
Development projects which have received tentative map approval as of
November 12, 2002, shall not be requircd to contributc additional acreage based
on the revised persons per dwelling factors as set forth above. (Ord. 2886 91,
2002)."
SECTION IV; That Section 17.10.050 of the Municipal Code be amended to read as follows:
"17.10.050 Park development improvements - Specifications
[n addition to the dedication of !and as required in CVMC 17.10.040, it shall be
the responsibility of the subdivider or building permit applicant to develop all or a
portion of such land for neighborhood or community park purposes to the
satisfaction of the director of recreation and the director of gcncral services. All
parks shall includc, to the satisfaction of the city, the following elements;....."
The remaining portions off the Section remain unchanged.
SECTION V: That Section 17.10.070 ofthe Municipal Code be amended to read as follows;
" l7.1O.Q70 In-lieu fees for land dedication andior park development improvements.
A. In-Lieu Fees for Land Dedication. If, in the judgment of the city, suitable
land does not exist within the subdivision or within the development ifit is not
part of a subdivision, or for subdivisions containing 50 lots or Jess, payment of
fees in lieu of land shall be required. In such cases, the required fcc(s) shall
be bascd on the area to be dedicated as set forth in CVMC 17.10.040.
~. eX
(::' .-
if
-- --_._--,-.-._-
Ordinance
Page 3
However, when a condominium project, stock cooperative or community
apartment project exceeds 50 dwelling units, dedication of land may be
required notwithstanding that the number of parcels may be less than 50.
Where the city deems that a combination of dedication and payment, as
provided in this chapter, would better serve the public and the park and
recreation needs of the future residents of a particular subdivision or
residentlal development, it may require such combination; provided, however,
the city council may, by resolution, waive all or any portion of said dedication
or in-lieu fee requirements in the interests of stimulating the construction of
housing for low- and moderate income families.
Residential motels and h"tels and transient motels and hotels shall be
require to deposit the requir,,:.J fee(s) in lieu of dedication of land.
B. In-Lieu Fees for Park Development Improvements. If, in the judgment of the
city, suitable land does not exist within the subdivision or within the
development if it is not part of a subdivision, or for subdivisions containing 50
lots or less, the payment of in-lieu fees of developing improvements shall be
required. In such cases, the amount of the required fcc(s) shall be based on
the improvements required in CVMC 17.10.050. However, when a
condominium project, stock cooperative or community apartment project
exceeds 50 dwelling units, improvements may be required notwithstanding
that the number of parcels may be less than 50.
Where the city deems that a combination of improvements and payment, as
provided in this chapter, would better serve the public and the park and
recreation needs of the future residents of a particular subdivision or
residential development, it may require such combination; provided, however,
the city council may, by resolution, waive all or any portion of said
improvements or in-lieu fee requirements in the interests of stimulating the
construction of housing for low- and moderate income families.
In the event the city determines that the improvement of the parkland shall
be delayed for a substantial period of time after the parkland has been
dedicated, the subdivider or building permit applicant shall not be required to
install such improvements, but instead shall pay the required fee(s) for the
value of improvements required in CVMC 17.10.050.
Residential motels and hotels and transient motels and hotels shall be
require to deposit the required fee(s) In lieu of park development
improvements. (Ord. 2886 ~l, 2002)."
SECTION VI: That Scction 17.10.080 ofthe Municipal Code be amended to read as follows:
"17.10.080 Limitation on use of land and/or fees.
The amount of land, improvements or in-lieu fees, or combination thereof,
rcceived under this chapter shall be used for the purpose of providing
neighborhood and community park and recreational facilities to serve the
subdivision or residential development for which received. The amount and
location of the land or in-lieu fees, or combination thereof, shall bear a
reasonable relationship to the use of the park and recreational facilities by the
future inhabitants of the subdivision or residential development. (Ord. 2886
~ I, 2002)."
'3
Ordinance
Page 4
SECTION VII: That Section 17.10.100 of the Municipal Code be amendcd to read as follow.:
"17.10.100 Collection and distribution of fees.
A. Prior to the recordation by the city of a final subdivision map or
recordation by the city of a parcel map or release of either a final
subdivision map or parcel map to a developer for recordation or, prior to
the i.suance of the first building permit for a development that is not
required to submit either a final subdivision map or a parcel map, any
required fees shall have been paid to the city unless an agreement has been
entered into between the city, approved by the city council, and the map
applicant or building permit applicant providing for the subsequent
payment of the fee, but in no event latcr than 60 days after map approval
or at the time of the first building permit issuance if no final subdivision
map, parcel map or separate agreement exists. Said agreement shaH
provide that such payment shall be, to the satisfaction of the city manager
and city attorney, adequately secured by sufficient surety or letter of
credi t, and shall further provide for interest from the date of final map
approval or the first building permit issuance at city's average earnings
rates, computed and compounded quarterly, experienced by the city on its
average investments (as determined by the city)("base interest rate"), for
the first 60 days after map approval or the first building permit issuance,
and thereafter at the base interest rate plus two percentage points until
paid, together with any attorney fees and costs incurred in enforcing the
agreement. Notwithstanding any other provision of law, the city may
withhold final or interim inspection of units for which building permits
may have been issued and may withhold issuancc of additional building
permits. ccrtificates of occupancy if applicable, or any other processing of
entitlements on any property or improvements included within the
territory of the map or approved development plan so approved or
otherwise owned by the applicant, unti I the required fees are received by
the city. Any land contributed for the purposes outlincd in this chapter
shall be dedicated to the city and shown on the final subdivision or parcel
map or approved development plan at the time of approval. The director
of finance shall be responsible for the collection and distribution of fees as
set forth in this chapter.
B. Planncd dcvelopments shall be eligible to receive a crcdit as dcternlined
by the city council, against the amount ofland required to bc dedicated, or
the amount of the fee imposed, for the value of private open space within
the dcvelopment which is usable for active recreational uses. Such crcdit,
if given, shall be determined on a case-by-case basis. (Ord. 2886 91,
2002). "
SECTION VIII: This ordinance shall take effect and be in full force on the thirtieth day tfom
and alter its adoption.
Presented hy Approved as to fOlTIl by
Jack Gri ffin ~.~--- -~ .~lf{{fff:T~{~.
Ann
Director of General Services City Attorney
tL
I
Ordinance
--
Page 5
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this _ th day of January, 2004 by the following vote:
AYES: Councilmembers: None
NAYS: Councilmembers: None
ABSENT: Councilmcmbers: Nonc
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, CMC, City Clcrk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. ???? had its first reading at a regular meeting held on the 9th day of December,
2003 and its second reading and adoption at a regular meeting of said City COlmcil held on the
_th day of January, 2004.
Executed this_th day of January, 2004.
Susan Bigelow, CMC, City Clerk
~c::
,- ::1
, ~
COUNCIL AGENDA STATEMENT
ITEM 3
MEETING DATE 1/6/04
ITEM TITLE: Resolution authorizing the purchase and lease of Multi-
Function Copy Machines tTom Savin Corporation on an as-needed basis in
accordance with terms and conditions of a Miami Dade County cooperative
agreement with the US. Communities Government Purchasing Alliance.
SUBMITTED BY: Director of Finance '11k...
/f/
REVIEWED BY; City Manager f~ '> f1' (4/Sths vote: Yes_No~
Miami Dade County has bid out the purchase and lease of Multi-Function Copy Machines ftom
Savin Corporation through the US. Communities Government Purchasing Alliance. The City of
Chula Vista qualifies for all rights and privileges available through participation in this national
agreement.
RECOMMENDATION: That Council adopts the resolution authorizing purchase or lease of
Multi-Function Copy Machines tTom Savin Corporation tbrough the U.S. Communities Goverrunent
Purchasing Alliance.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: Currently, copy machines are purchased as departmental requests are received.
Various suppliers are contacted for price quotes and orders placed accordingly. As a result, several
different manufacturers have provided copiers to the City. Product quality, availability, system
operation, and maintenance service have been inconsistent. Therefore, a systematic approach in
acquiring copiers would simplif'y the process.
Chula Vista Municipal Code, Section 2.56.140, allows for the purchase of supplies, equipment, and
services tbrough cooperative purchasing programs with any public agency within the United States.
With the assistance of the U.S. Communities Alliance, Miami Dade County recently awarded a
cooperative purchase agreement to Savin Corporation for the purchase or lease of Multi-Function
Copy Machines.
The U.S. Communities Alliance has an advisory board of local government purchasing officials.
The Alliance pools the purchasing power of public agencies, achieves bulk volume discounts on
behalf of public agencies, competitively solicits quality products through a lead public agency, and
provides a purchasing forum for public agencies nationwide.
Savin has made a pricing commitment to provide the lowest available cost (net to buyer) to local
agencies nationwide and a further commitment that, if a local agency is otherwise eligible for lower
pricing tbrough a federal, state, regional or local contract, then Savin will match the pricing under the
U.S. Communities program.
.'
Page 2, Item -:3
Meeting Date 1/6/04
Additional advantages include:
. Acquisition of the latest technology and digital connectivity to the City Network
. Favorable terms and conditions (delivery, training, warranty)
. Standardized equipment
. Newer machines that will be more efficient and use less energy
. Single point of contact for sales and service
The City's Purchasing Agent has made a determination that the procedure used in award of the copy
machine contract was highly competitive and consistent with good purchasing practices. Seventy-
four (74) potential bidders were contacted, including all of the major manufacturers of copy
machines in the United States.
Considering quality of product, pricing, and contract terms, Savin submitted the most favorable
response. The City ofChula Vista qualifies for all rights and privileges ofthe multi-year agreement.
By committing to a single source, consistency and continuity will be maintained. Therefore, it is
recommended that the City participate in this non-exclusive agreement for copy machines.
Many copiers tbroughout the City are past their useful life expectancy, in particular the high-speed
copiers in the Administration and Public Services Buildings. This is an opportune time to participate
in the cooperative agreement and standardize copy machine requirements.
FISCAL IMPACT: There is no direct fiscal impact from approving this resolution in that funds
expended will have been approved through the normal budget or appropriation process. Purchase
orders will be issued as authorized departmental requests are received.
.'
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE PURCHASE AND LEASE
OF MULTI-FUNCTION COPY MACHINES FROM SAVIN
CORPORATION ON AN AS-NEEDED BASIS IN
ACCORDANCE WITH TERMS AND CONDITIONS OF A
MIAMI DADE COUNTY COOPERATNE AGREEMENT WITH
THE U.S. COMMUNITIES GOVERNMENT PURCHASING
ALLIANCE.
WHEREAS, Miami Dade County has bid out the purchase and lease of Multi-
Function Copy Machines from Savin Corporation tbrough the U.S. Communities Government
Purchasing Alliance; and
WHEREAS, Chula Vista Municipal Code, Section 2.56.140, allows for the
purchase of supplies, equipment, and services through cooperative purchasing programs with any
public agency within the United States; and
WHEREAS, the City of Chula Vista qualifies for all rights and privileges available
through participation in this national agreement;
WHEREAS, after having contacted seventy-four (74) potential bidders, including all
of the major manufacturers of copy machines in the United States, the City's Purchasing Agent has
made the determination that the procedure used in award of the copy machine contract was highly
competitive and consistent with good purchasing practices; and
WHEREAS, considering quality of product, pricing, and contract terms, Savin
submitted the most favorable response; and
WHEREAS, it is recommended that the City participate in this non-exclusive
agreement for copy machines.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby authorize the purchase or lease of Multi-Function Copy Machines from Savin
Corporation tbrough the U.S. Communities Government Purchasing Alliance.
Presented by Approved as to form by
Uevv-- 1. t-I~ ,"'....
Maria Kachadoorian Ann Moore
Finance Director City Attorney
J:\!uomcy\reso\savillcomputcrs
3-3
COUNCIL AGENDA STATEMENT
Item: hi
Meeting Date: 12/16/03
ITEM TITLE: Resolution of the City Council of the City of Chula Vista entering
into an agreement with County of San Diego to purchase unleaded
gasoline and diesel fuel for use by City vehicles.
SUBMITTED BY: Director of General servicesO~ .
REVIEWED BY: CitYManager0>,r' . (4/SthsVote:Yes_No X )
For many years, the City has principally fueled its vehicles, particularly those operating in the
western portions of the City, at the former Corporation Yard at the comer of F Street and
Maxwell Street. With the opening of the new John Lippitt Public Works Center and relocation
of al1 staff to that location in 2001, the City has desired to redevelop the Corporation Yard
property to a higher and better use. The City continues to fuel vehicles from the existing pumps
at the former Corporation Yard. In order to make the property ready for sale, these fueling
activities need to cease and the City needs to identify an alternate fueling site. This agreement
al10ws the City to fuel at County fueling stations throughout San Diego County and more
specfically at the County fueling station on H Street.
RECOMMENDATION: Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
With the closing of the Corporation Yard to all staff activities in 2001, it has been a desire of the
City to redevelop this property to a higher and better use. The City has continued to utilize the
fuel pumps at the former Corporation Yard. In order to make the property ready for
redevelopment of some nature, the fueling activities need to be curtailed and an alternate fuel
facility identified.
It had been the original intent of the City to develop its own fueling facility somewhere in the
western portion of the City to replace the fuel pumps at the former Corporation Yard. After
many months of investigating a variety of potential sites, analyzing the costs of developing and
operating a fuel facility and assessing the difficuJties and process of establishing or purchasing a
new few facility, the City initiated discussions with the County of San Diego to assess the
possibility of purchasing fuel from the County at their existing H Street facility.
The County indicated that they were amenable to entering into an agreement with the City to
allow the City to purchase fuel from the County. The agreement allows the City to fuel City
vehicles at any of the County's 21 fuel sites, however, the vast majority ofthe City's fueling wil1
be at the H Street location.
I
I
Page 2, Item: L
Meeting Date: 12/16/03
City staff has reviewed the agreement and is comfortable with the terms with the exception that
an item needs to be added with respect to the amount of notice the County would need to provide
to the City should it determine that it no longer wants to allow the City to fuel at County
facilities. The County is amenable to adding a provision to address this issue. It is highly
unlikely that the County would terminate the City's ability to use the fueling facilities and staff
believes the City should approve the agreement with the caveat that staff will continue to work
the County to include language to address the noticing issue. It should also be noted that the
agreement permits the County to cease allowing the City to fuel at the H Street facility in
emergency situations. The City will still have a variety of alternative fueling locations including
several fire stations and the John Lippitt Public Works Center to be utilized in an emergency
situation.
This location, within the County Courthouse complex on H Street, provides a very convenient,
centralized location for City vehicles to fuel. It is expected that the City's Police Department as
well as some Public Works Department, Recreation Department, pool vehicles or other vehicles
based in the western portion of the City would utilize the County facility. It is not anticipated
that Fire Department vehicles would fuel at this location, but would continue to fuel at the
existing pumps at Fire Stations #2 and #7. Also, most Public Works, Engineering, General
Services and Planning and Building vehicles will continue to fuel at the John Lippitt Public
Works Center.
FISCAL IMPACT: The agreement provides that the City will pay the same rate per gallon as
the County's current cost of fuel plus a surcharge of$.IO per gallon to cover the County's direct
cost of maintaining the fuel facility. While this surcharge could increase the cost per gallon of
fuel the City may have paid had it operated its own facility, the City is relieved of the substantial
capital costs of either constructing a new facility or purchasing an existing facility. Assuming
that the cost of either purchasing a fueling station or constructing a fueling station as $1,000,000,
which is an extremely conservative estimate, and taking into account that the City currently
pumps on average 13,391 gallons of gasoline per month from the former Corporation Yard, the
increased fuel costs will be approximately $1,339 per month. The payback period for a capital
outlay of $1,000,000 would 62 years. This agreement also enables the City to avoid the direct
operational costs of such a facility. The City also is relieved of the burden of providing for
insurance of such a facility.
Attachment 1: Agreement with San Diego County
1./.2.
RESOLUTION NO.2003-
RESOLUTiON OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH COUNTY
OF SAN DIEGO TO PURCHASE UNLEADED GASOLINE AND
DIESEL FUEL FOR USE BY CITY VEHICLES
WHEREAS, for years the City has fueled vehicles at the former
Corporation Yard at the comer ofF Street and Woodlawn; and
WHEREAS, with the closing ofthe former Corporation Yard to all staff activities in
2001 it has been a desire of the City to redevelop this property; and
WHEREAS, in order to makc thc property ready for sale, the fueling activities need to
be cease and an alternate fueling site identified.
WHEREAS, the County of San Diego operates 21 fueling sites throughout the
County; and
WHEREAS, the County is amendable to allowing the City to purchase fuel at anyone
of their sites.
NOW, THEREFORE, BE IT RESOLVED the City Council of the CityofChula Vista
does hcrcby approve, in substantially final form subject to review ofthe City Attorney, the agreement
between the County of San Diego and City to purchase unleaded gasoline and diesel fuel for use by
City vehicles.
Presented by Approved as to form by
,----"-- /ItdI
.lack Griffin
Dircctor of General Services
J :\attorncy\n:so"'..Agreements\gasol ille
County of San Diego
Department of General Services
Fleet Management Division
Automotive Fuel Sales Agreement Between
the County of San Diego and City ofChula Vista
The Department of General ServicesIFleet Management Division maintains 21 fuel sites
located tbroughout the County of San Diego (see attached). These sites provide fuel for
County vehicles that are assigned to various County departments and/or agencies. The
County of San Diego has the capability and desires to sell fuel to other government
agenCies.
The County of San Diego will sell fuel to government agencies that request to purchase
fuel under the following terms and conditions:
1. Government agencies acquiring fuel from the County shall purchase the fuel at
the County's current cost per gallon plus a $.10 surcharge to cover the County's
direct cost of maintaining refueling equipment, automated fuel systems,
inspections, permits and other costs associated with fuel site operations. The
County's fuel surcharge is calculated on an annual basis to reflect the current cost
of providing fuel services. The County of San Diego will provide to standard fuel
usage reports in either hard copy or electronic version for all fuel consumed by
City ofChula Vista during the billing period.
2. County fuel sites are controlled by an automated fuel system. The County will
provide sufficient fuel access devices as requested by agencies purchasing fuel
from the County of San Diego. Additionally, the County will provide sufficient
access devices (keys, pass-codes, etc.) to secured County facilities. Agencies
purchasing fuel from the County of San Diego will return all fuel and facility
access devices if this agreement is terminated for any reason.
3. The County of San Diego shall only provide regular grade (87 octane) unleaded
gasoline and diesel fuel.
4. The City of Chula Vista agrees to reimburse the County of San Diego for all
damage to refueling equipment caused by City of Chula Vista personnel during
the fueling of City of Chula Vista vehicles. The City of Chula Vista agrees to pay
any costs incurred by the County of San Diego for the cleanup and disposal of
hazardous waste that may result from negligent operation of refueling equipment
by City ofChula Vista employees.
5. The City of Chula Vista agrees to take all reasonable measures to maintain site
security by securing access gates, reporting suspicious activities at County
facilities and any other action deemed necessary to maintain a secure fuel supply.
6. The County of San Diego will make every effort to supply fuel in emergency
situations however the County reserves the right to restrict fuel issues to County
vehicles only.
7. The City of Chula Vista agrees to defend, indemnify, protect and hold the County
and its agents, officers and employees harmless from and against any and all
claims asserted to liability established for damage or injuries to any person or
property, including injury to City of Chula Vista employees, agents or officers
which arise ftom or are connected with or are caused or claimed to be caused by
the acts, errors or omission of the City of Chula Vista and its agents, officers or
employees, in being a party to the services provided herein by the County of San
Diego and all expenses of investigating and defending against same: provided,
however that the City of Chula Vista shall have no duty to indemnify and hold the
County of San Diego harmless to the negligence or willful misconduct of the
County of San Diego, its agents, officers or employees.
This agreement is entered into on , and shall remain in effect until
revoked by either party upon notifying the other party in writing of their intention.
Stephen C. Padilla, Mayor, City ofChula Vista Date
John J. McTighe, Director Date
Department of General Services
'1-5
PAGE 1, ITEM NO.: 5"
MEETING DATE: 01/06/04
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: RESOLUTION OF THE CITY OF CHULA VISTA AUTHORIZING THE
EXECUTION OF A GRANT AGREEMENT, ANY AMENDMENTS
THERETO, AND ANY OTHER DOCUMENTS NECESSARY TO SECURE A
JOBS HOUSING BALANCE INCENTIVE PROGRAM (JHBP) GRANT
FROM THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT.
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR W--m
REVIEWED BY: CITY MANAGER ~
4/5THS VOTE: YES D NO 0
BACKGROUND
On June 25, 2003, the City of Chula Vista received a conditional commitment of grant funds in the
amount of $1,662,831 from the California Deportment of Housing and Community Development
Department under the Jobs Housing Balance Incentive Grant Program (JHBP). Funding for JHBP has
been made available pursuant to Proposition 46, the Housing ond Emergency Shelter Trust Fund of
2002. Grant funds are proposed to be used far the construction or acquisition of capital assets that
serve to benefit the community. Adoption of the resolution authorizes the execution of a standard
grant agreement required by the State of California for participation in the JHBP.
RECOMMENDATION
It is recommended that City Council authorize the City Manager to execute a grant agreement,
any amendments thereto and any other documents necessary to secure a Jobs Housing Balance
Incentive Program Grant.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
As part of the first statewide ollocation of funds authorized by Proposition 46, the City of Chula
Vista has been awarded $1,662,831 from the Jobs Housing Balance Program. The purpose of
this grant is to provide financial incentives to cities and counties that increase their issuance of
residential building permits ond who plan for housing to meet the needs of their workforce.
Funds were awarded based on increases in housing supply relative to county-level employment
demand. The City of Chula Vista application ranked high since the production level of new
5-1
- ._-_._~..,.._--,...,_._._~ ,.-..-- ----_._...._.,-----_._..._".~---_. ..,,--_...~.---- ....--.,-.-.--
PAGE 2, ITEM NO.: 5
MEETING DATE: 01 /06/04
residential units exceeded the onnual regional overage and becouse the City hos made
significant progress ot maintaining a positive jobs/housing balance.
Proposed use of grant funds include the following projects which are subject to Council approval
and/or amendment.
aJ Acquire vacant land In the northwestern part of the city to develop open
space/park/recreational!sports facility and/or development of such focility.
b) Implement new street and sidewalk improvements in the western section of the city
including the removal and replacement of deteriorated curbs, gutters, sidewalks and
driveways.
c) Acquire land within the southwestern section of the city to be used for open
space/recreational use.
d) Conduct streetscape improvements within the southwestern section of the city,
including landscaping, irrigation and public art within the public right of way.
e) Purchase a fully equipped graffiti abatement vehicle to be used as part of a citywide
proactive graffiti eradication program.
With this action, the City of Chula Vista is authorizing the City Manager to execute a standard
agreement and related documents necessary to secure the JHBP Grant. In the future staff will
return to Council to formally approve and appropriate funds on a project by project basis.
FISCAL IMPACT
The JHBP Grant providers and opportunity for the City to increase its financial resources to help
address the revitalization needs of the western section of the city. Dispersal of funds can begin
soon after the standard agreement is approved by the State of California Department of Housing
and Community Development. Funds can be dispersed in one lump sum or in increments as
long as it is committed by June 2004 and spent by June 2006.
ATTACHMENTS
Standard agreement
J:\COMMDEV\STAFF.REP\Ol-06-04\Jobs Housing Balance Incentive Grant Program.doc
5-
-------~~,----_..'^.._,-------
STATE OF CALIFORNIA
STANDARD AGREEMENT CONTRACT NUMBER AM.NQ
03-JHBP-016
STD 2 (REV 5-91) Jobs/Housing Incentive Program Modification (7103)
T AXPAVER'S FEDERAL EMPLOYER IOENnflCATION NUME
THIS AGREEMENT, made and entered into this 25'h day of June 2003 ,
in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
Director Dept. of Housing & Community Development, (the "State"), and
CONTRACTOR'S NAME
City of Chula Vista , ( the "Contractor").
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements and stipulations of the State hereir
expressed, does hereby agree to all the terms and conditions of the Loan as contained in this Agreement and the attached Exhibits.
Authoritv: Pursuant to chapter 3.7 of part 2 of division 31 of the Health and Safety Code, commencing with section 50540,
amended by Section 2 of Chapter 482 of the Statutes of 2002, the State has established the Jobs Housing Balance Incenti
Grant Program (the "Program"). This Agreement is entered into under the authority of, and in furtherance of the purposes'
the Program as set forth in Health and Safety Code section 50544. Pursuant to Health and Safety Code section 50550
Section 2, known as the Jobs Housing Balance Incentive Grant, the State has issued a Notice of Funding Availability al
Guidelines (NO FA) governing the Program.
Purpose: In accordance with the authority cited above, the Contractor has applied to the State for financial assistance in tl
form of a grant from the Program (the "Grant"). The State has agreed to make the Grant, as a financial incentive based on tl
increased issuance of residential building permits by the Contractor pursuant to the terms of the NOFA. Based on tl
representations made in the Contractor's Application, which is hereby incorporated as if set forth in full, the State shall provi,
a grant in the amount shown below for the purpose of paying for the capital improvement(s) identified in Attachment
attached hereto.
The State and the Contractor have agreed to enter into this Agreement in accordance with the terms and conditions here,
subject to all the provisions of the applicable, statutes, the NOFA and further subject to the State laws and requiremer
governing State contracts.
Agreement Terms: The terms of this agreement shall be from June 25, 2003 through no later than June 30, 2006.
Contract Amount: The total contract award is $1,662,831.00
CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
IN WITNESS WHEREOF, this a~reement has been executed by the DaJ1ies hereto, upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY CONTRACTOR (If other than an individual, state whether a corporatiOn, partnership, etc)
Department of Housinq & Community Development City of Chula Vista
BY (AUTHORIZED S!GNATURE) BY (AUTHORIZED SIGNATURE)
PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING
Rick Beard
TITLE ADDRESS
Manager, Budgets and Contract ManaQement Branch 276 Fourth Avenue, Chula Vista, CA 91910
AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY FUND TITLE Departrrumt of General Services
(CODE AND TITLE)
DOCUMENT 30 Jobs Housing Balance Improvement Account Use Only
1,662,831.00 (OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT ITEM CHAPTER STATUTE FISCAL YEAR
0.00
TOTAL AMOUNT ENCUMBERED TO 2240-101-3006 157 2003 2003-04
DATE OBJECT OF EXPENDITURE {CODE AND TITLE)
1,662,831.00 3306-22676-661702
I hereby certify upon my own personal knowledge that budgeted funds I T,BA NO I BR NO
are available for the period and purpose of the expenditure stated above.
I :iIGNAT~RE,Q~.ACCOUNTINt:r1.ER DATE
xI>. ..'~- 11/",/0 ")
"., --
CONTRACTOR f,J STATE AGENCY 0 DEPT. OF GENERAL SERVICES 0 CONTROLLER 0
5":;>
. - oJ
---" ..._._-~'"'_.- .... _._,".
City of Chula Vista
03-JHBP-016
Page 2 of 6
1 Indemnity The Contractor agrees to indemnify. defend and save harmless the State, its officers, agents and
employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors,
materialmen, laborers and any other person, firm or corporation furnishing or supplying work services, materials or
supplies In connection with the performance of this Agreement, and from any and all claims and losses accruing or
resulting to any person, firm or corporation who may be injured or damaged by the Contractor In the performance of
this Agreement
2. Contractor's Capacity: The Contractor, and the agents and employees of Contractor, in the performance of the
Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
3. Termination: The State may terminate this Agreement and be relieved of any obligation to fund the Grant should
the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In
addition the State may terminate this Agreement, or modify the grant amount, in the event it is determined that the
representations contained in the application are false or inaccurate.
4. No Assianment: Without the written consent of the State, this Agreement is not assignable by Contractor either in
whole or in part
5. Time of Essence: Time is of the essence in this Agreement
6. Amendments: This Agreement shall not be altered or amended except: (1) in writing, upon the mutual written
agreement of both parties; or (2) as may be modified in statute by the Legislature. No oral understanding or
agreement not incorporated herein, shall be binding on any of the parties hereto.
7. Commitment of State Funds: The amount encumbered by this Agreement shall be equal to the maximum amount
of the Grant specified. The State hereby agrees to provide Grant funds to the Contractor in an amount and subject
to the terms set forth herein and the attachments hereto.
8. Allowable uses of Grant Funds: Grant funds shall only be used for projects approved by the State that involve the
construction, rehabilitation and/or acquisition of capital assets as defined by Government Code, Section 16727(a)
that benefit the community within the Grantee's jurisdiction. Capital assets include tangible physical property with
an expected useful life of 15 years or more, equipment with an expected useful life of two years or more, or major
maintenance, reconstruction, demolition for purposes of reconstruction and/or retrofitting work.
Incidental expenses shall not be paid by Grant funds unless they are directly related to the construction or
acquisition of an eligible capital asset Such expenses include costs associated with planning, engineering,
construction management, environmental impact reports, appraisals, site acquisitions or necessary easements.
Grant funds shall not be expended for the administrative costs of persons directly employed by the Grantee or for
other "soff" costs that are not directly related to the construction or acquisition of capital assets.
9. Work to be Performed: Contractor shall take such actions, pay such expenses and do all things necessary to
complete the work specified in Attachment A in accordance with the schedule for completion set forth therein and
within the terms and conditions of this Agreement
1 O. Fiscal Administration:
a. Term: The effective date of this Agreement is the date upon which it is executed by the State after execution by
the Contractor. All funds must be encumbered by the Contractor by June 30, 2004. This Agreement shall
terminate upon completion of the work and acceptance by the State of the final report, but no later than June
30, 2006, by which date the Contractor must have expended all Grant funds and submitted its final report.
;':" Lj
J-f
_M..________ -.----.",'-.--.---.----.---
City of Chula Vista
03-JHBP-016
Page 3 of 6
b. The Contractor shall make any and all request(s) for disbursement no earlier than 90 days from the anticipated
need for the funds using the form attached hereto as Attachment A. The Contractor shall expend the funds
within 90 days from the date of receipt from the State.
c. A separate checking account for the Grant funds is not required. However, the Contractor shall deposit Grant
funds in an interest bearing checking or savings account, or the State may require the Contractor to deposit all
Grant funds into a segregated account in an institution whose deposits are insured by the federal or state
government. All interest earned from the deposit of Grant funds shall be used for allowable, program purposes
and accounted for to the State. All funds not expended within 90 days of receipt shall be returned to the State
with accrued interest.
d The Contractor shall make a good faith effort to minimize the number of disbursement requests to the State by
anticipating and requesting in advance the maximum amount of funds that can be expended within the 90 day
time frame.
e. The Contractor shall inform the State within a reasonable amount of time in the event that expenditures related
to an authorized project(s) are less than the total grant award. The Contractor may expend the balance of
Grant funds on additional capital assets projects, upon written State approval. Contractor shall provide the
State with a letter of request that describes the additional project(s) to be funded.
f. The Contractor shall immediately inform the State, but no later than September 1, 2005, if it is anticipated that
the Contractor will not be able to expend all Grant funds by June 30, 2006.
g. The Contractor is responsible for maintaining records which fully disclose the activities funded by the Grant.
Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if
requested by the State, of the accuracy of the records and the allowability of expenditures charged to grant
funds. If the allowability of an expenditure cannot be determined because records or documentation are
inadequate, the expenditure may be disailowed and the State shall determine the reimbursement method for
the amount disallowed. The State's determination of the allowability of any expense shail be final, absent fraud,
mistake or arbitrariness.
h. Any unexpended funds remaining at the end of the contract period or termination date must be returned to the
State with accrued interest. Checks may be made out to the Department of Housing and Community
Development (HCD) and shall be mailed within thirty (30) days of the contract termination or expiration date.
11. Report Requirements:
a. The Contractor shall submit a bi-annual report to the State due 30 days after June 30'h and December 31" of
each year during the term of the contract, as long as the Contractor has not expended all grant funds. The
annual report shall contain (1) total amount of grant funds expended to date for each project. (2) Total amount
encumbered for each project. (3) Progress made to date on each project. (4) Estimated completion date of
each project.
b. Upon complete expenditure of the Grant funds, the Contractor shall submit a final report in a manner
satisfactory to the State. The final report shall be submitted to the State within 60 days of the final grant funds
being expended or by August 30, 2006, whichever date is sooner. The final report shall contain (1) a
description of the final capital assets constructed or purchased with the Grant funds, and (2) the number of
certificates of occupancy issued in relation to the number of building permits issued in calendar year 2001. The
Contractor shall also submit the Closeout Certification Letter with the Final Report.
5C
-~)
.. .___m_.._. ....~.".____._____..._._~______.____~..___.._ ---'--.".,"'-'--.
City of Chula Vista
03-JHBP-016
Page 4 of 6
12. Nondiscrimination Clause: During the performance of this Agreement, Contractor and its subcontractors shall not
unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of
race, religious creed, color, national origin, physical disability (including HIV and AIDS), mental disability, medical
condition (cancer), marital status, age or sexual orientation or by denial of family and medical care leave or denial of
pregnancy disability leave. Contractors and subcontractors shall insure that the evaluation and treatment of their
employees and applicants for employment are free from such discrimination and harassment. Contractor and
subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, ~ 12900 et
seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2, ~ 7285.0 et seq.). The
applicable regulations of the Fair Employment and Housing Commission implementing Government Code
section 12990 (a-f), set forth in chapter 5 of division 4 of Title 2, California Code of Regulations, are incorporated
into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors
shall give written notice of their obligations under this clause to labor organizations with which they have a collective
bargaining or other agreement. Contractor shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under this Agreement.
13. National Labor Relations Certification: The Contractor warrants by execution of this Agreement and does swear
under penalty of perjury under the laws of the State of California that no more than one final unappealable finding of
contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-
year period because of the Contractor's failure to comply with an order of a federal court, which orders the
Contractor to comply with an order of the National Labor Relations Board.
14. Relocation: The Contractor shall comply with all requirements of applicable California relocation law (Gov. Code,
~ 7260 et seq. and the regulations promulgated thereunder at Cal. Code Regs., tit. 25, ~ 6000 et seq.). Any
relocation plan for the Development shall be subject to the review and approval by the State.
15. Americans with Disabilities Act (ADA) of 1990: By signing this Agreement, Contractor assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. ~ 12101 et seq.), which prohibits
discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the
ADA.
16. Druq Free Workplace: By signing this Agreement, Contractor hereby certifies under penalty of perjury under the
laws of the State of California that Contractor will comply with the requirements of the Drug-Free Workplace Act of
1 990 (Gov. Code, ~ 8350 et seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or
use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about: (1) the dangers of drug abuse in the
workplace; (2) the Contractor's policy of maintaining a drug-free workplace; (3) any available counseling,
rehabilitation and employee assistance programs: and (4) penalties that may be imposed upon employees for
drug abuse violations.
c. Every employee who works at the Property will: (1) receive a copy of the Contractor's drug-free workplace
policy statement; and (2) agree to abide by the terms of the Contractor's statement as a condition of
employment at the Property.
5-b
--- -_._-~- -~..^---_.~._.._--,-,...~-
City of Chula Vista
03-JHBP-016
Page 5 of 6
17. Union Orqanizinq: By signing this agreement, Contractor hereby acknowledges the applicability of Government
Code section 16645 through section 16649 to this agreement.
a. Contractor will not assist, promote or deter union organizing by employees performing work on a state service
contract, including a public works contract.
b. No state funds received under this agreement will be used to assist, promote or deter union organizing.
c. Contractor will not, for any business conducted under this agreement, use any state property to hold meetings
with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing,
unless the state property is equally available to the general public for holding meetings.
d. If Contractor incurs costs, or makes expenditures to assist, promote or deter union organizing, Contractor will
maintain records sufficient to show that no reimbursement from state funds has been sought for these costs, and
that Contractor shall provide those records to the Attorney General upon request.
1 B. State Coordinator: The coordinator of this Agreement for the State is the Program Manager for the Jobs Housing
Balance Incentive Grant Program, Division of Housing Policy Development. Any notice, report, or other
communication required by this Agreement shall be mailed by first class mail to the State Coordinator at the
following address:
Department of Housing and Community Development
Division of Housing Policy Development
1 BOO 3'd Street, Room 430
P.O. Box 952053
Sacramento, California 94252-2053
Attention: JHBP Program Manager
19. Certified Resolution: This Agreement shall be accompanied by a certified resolution from the Contractor's
governing body authorizing its execution.
20. AudiURetention and Inspection of Records: Contractor agrees that the State or its delegatee will have the right to
review, obtain, and copy all records pertaining to performance of this Agreement. Contractor agrees to provide the
State or its delegatee with any relevant information requested and shall permit the State or its delegatee access to
its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under
investigation for the purpose of determining compliance with Public Contract Code section 10115 et seq.,
Government Code section 8546.7 and Title 2, California Code of Regulations, section 1896.60 et seq. Contractor
further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.
Contractor shall comply with the caveats and be aware of the penalties for violations of fraud and for obstruction of
investigation as set forth in Public Contract Code section 10115.10.
21. Disputes:
a. Except as otherwise provided in this Agreement, any dispute arising under or relating to the performance of this
Agreement, which is not disposed of by agreement, shall be decided by the State's Contract Manager, who
shall reduce decisions to writing in regard to the dispute and shall transmit a copy thereof to the Contractor.
The decision of the State's Contract Manager shall be final and conclusive unless within thirty (30) days from
the date of receipt of such copy, the Contractor transmits a written appeal to the State. Pending the final
decision by the Director of the Department or his/her designee, the Contractor shall proceed diligently with the
performance of the Agreement and in accordance with the written decision of the State's Contract Manager,
which is the subject of the Contractor's appeal.
57
City of Chula Vista
03-JHBP-016
Page 6 of 6
b. Notwithstanding any other provision of this Agreement, after recourse to the procedure set forth in paragraph a.
above, any controversial claim arising out of or relating to this Agreement or breach thereof shall be settled by
arbitration at the election of either party in accordance with Public Contract Code section 10240 et seq., and
judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction thereof.
22. Governinq Law: This Agreement shall be construed with and be governed by the laws of the State of California and
applicable federal law. All references to codes are references to the California Codes unless indicated otherwise.
23. Special Conditions: The Departrnent reserves the right to add any special conditions to this Agreement it deems
necessary to assure that the policy and goals of the Program are achieved.
24. Prevailinq Waqes:
a. Where funds provided through this Agreement are used for construction work, or in support of construction
work, Contractor shall ensure that the requirements of Chapter I (commencing with section 1720) of Part 7 of
the Labor Code (pertaining to the payment of prevailing wages and administered by the California Department
of Industrial Relations) are met.
b. For the purpose of this requirement "construction work' includes, but is not limited to rehabilitation, alternation,
demolition, installation or repair done under contract and paid for, in whole or in part, through this Agreement.
All construction work shall be done through the use of a written contract, with the properly licensed building
contactor incorporating these requirements (the "construction contractor"). Where as the construction contract
will be between the Contractor and a licensed building contractor. Contractor shall serve as the "awarding
body" as that term is defined in the Labor Code. Where Contractor will provide funds to a third party that will
enter into the construction contract with a licensed building contractor, the third party shall serve as the
"awarding body". Prior to any disbursement of funds, including but not limited to release of any final retention
payment, the Department may require a certification from the awarding body that prevailing wages have been
or will be paid.
5-8
--_.,--
~._.. -.--...----.-"
~--,-- ---- _._.~_._----~-".
12/12/2003 13:53 9153272543 HPD PAGE 02/05
City of ChuJ.a Vista
03.lliBP-016
ATTACHMENT A
Grant Activity
Page I of4
Section 1: Work Description
The work to be performed under 111is contract shall conform to the requiremeJ lts of Government
Code, Section 16727 (a) and the criteria outlined in section 8 of this contract.
A. SeoDe of Work:
1. Grant Amount
$1,662,831..00
2. Descrivtion of Grant Activitv
Grant funds will be used for the following projects:
a. Acquire vacant land .in the northwestern part of the city to develop open
space/park/recreationaVsports facility and/or development of snch facility.
b. Implement new street and sidewalk improvements in the western section ofthe
city including the removal and replacement of deteriorated curl :'s, gutters,
sidewalks and driveways.
c. Acquire land within 111e southwestern section of the city to be Ilsed for open
space/recreational use.
d. Conduct streetscape improvements within 111e southwestern se"tion of the city,
including landscaping, irrigation and public art within the public right of way.
e. Purchase a fully equipped graffiti abatement vehicle to be used as part of a
citywide proactive graffiti eradication program.
3. If the proposed activity(ies) fiI11ded by this grant require any revisionsrrom the project
as stated in the application; the Grantee must receive written approval ITom the
Department before committing to or funding an alternative project(s) <.r
revising/changing a projcct(s) specified in the appJication.
Section 2: Disbursement Procedures & Conditions:
A. Ex>>enditure of Funds:
1. Costs may not be incurred nor funds expended until execution by the ~ tate ofthis
agreement. All expenditures must be eligible activities funded pursuant to Government
Code, Section 16727 (a) and the criteria outlined in section 8 of this c<nlrac!.
2. Request for funds must be submitted on thc forms provided by the Del,artment.
5 --1'
12./12/2003 13:53 9153272543 HPD PAGE 03./05
City of Chula Vista
03-lliBP -016
ATTACHMENT A
Grant Activity
Page 2 of 4
B. Cash Ref/uests:
1. Grantee shall request funds by submitting a completed request for fun is on a fonn which
will be provided to grantees by the Department. These fonns will be lent afteJ'the
contract is executed. All fund rcquests must abide by the terms specif lcd in this contract
under section 10.
2. Cash Request fonns shall request, at a minimum, the amount of funds being requcsted
and a description of the use or proposed use of funds.
3. Cash. Requests forms must be signed by the authon.zed signatory as sp ecified in the
Rcsolution.
4. Funds must be encumbered by June 30, 2004, by encumbered the Grantee mll5~ have
entered into. an agreement to construct, acquire or rehabilitate the proj,:ct as spccified
above.
5. Funds must be spent no latcr than June 30, 2006. Failure to spend the funds on or before
that date shall result in the funds, with accrued inteJ'est, bei11g returned to the Department
Lmless the Department is no.tifi.ed and grants approval per the Agreem..nt guidelines.
Section 3: Performance Milestones & Te..mination Date
A. MO/litori/ll! Requireme/lts:
1. The Grantee must monitor the usc of the funds for the duration of the i :tandard agreement.
2. The Department may perfonn a program audit and/or fiscal monitoring of the grant at any
time during the tenn of the standard agreement.
3. If any findings are made the Grantee will be required to resolve any m Jnitoring fmdings
to the Department's satisfaction by the deadlines set by the State.
B. Periodic ReDortinfl Requirements:
1. During the tenn of the agreement, the Grantee must submit the following reports by the
deadlines noted or as otherwise required at the discretion of the Depar men!.
2. The Grantee's performance under this agreement will be based in part 'In whether it has
submitted the reports on a timely basis as indicated below;
a. Bi-annual reports due 30 days after .Twle 30th and December 31 5t of each year during
6'-10
------- ~_....
12/12/2BB3 13:53 9153272543 HPD PAGE B4/B5
CityofChula Vista
03.IHBP-016
ATTACHMENT A
Grant Activity
Page 3 of 4
the tenn of the contract.
b. Bi~amlUal reports must contain at a minimum the following infol1Ilation:
t. Total amount of grant funds expended to date for each projl~ct.
11. Total amount encumbered for each project.
iii. Progress made to date on each project.
tv. Estimated completion date of each project
3. Any other reports may be required as a Special Condition of this contr act. Failure to
meet the reporting timelines as specified in B.2. may affect the Grante~'s ability to apply
for future funding.
C. Submittal of Final Rel1ort:
1. The Grantee must submit a Final Report of the JHBP program which (ontains the
following information:
a. Total amount of grant funds expended for each project.
b. Description of completed Grantee projects, including achievement! and a complete
project narrative.
c. Total number of certificates of occupancy issued in relation to the Juilding permits
approved in calendar year 2001-
d. Photographs and drawings of the completed project, if available.
2. The Grantee must submit and the Departmeot must review and approvi~ the Final Report
for this grant as described below. The Final Report must meet the sco:,e of work as
contained in the original application or any amendments thereto that hiS been approved
by the Department.
D. Grant Clasill!! Requirements:
I. Within 30 days, the Grantee must account for and return to the Department any
unexpended funds, with accrued interest.
2. By 60 days after the tenninatioD date of this agreement, the Grantee rnlJst submit the
following:
a. Closeout Certification Letter.
b. Final Report
c. Evidence, satisfactory to the Department, of compliance with any other Special
Conditions if any, of this agreemeot.
5-11
12/12/2BB3 13: 53 9153272543 HPD PAGE B5/B5
City ofChula Vista
03-JHBP-016
ATTACHMENT A
Grant Activity
Page 4 of 4
E. SDecial Conditions:
1. Funds shall not be used for equipment, supplies or any non-reusable itl~ms with a life-
expectancy of less than two years.
2. Funding is contingent upon the availability ofleveraged funds to develop th.e
park/recreational/sports facility/open space projects located in the norlhwestem and
southwestern areas prior to the disbursement of JHB funds. In the ev~ nt additional funds
are not available, the City of Chula Vista shaH identify other eligible r rojects or funding
sources within the timelines identified in the Standard Agreement.
3. The Department reserves the right to place any additional special comJliance conditions
on any Grantee.
15-/2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE EXECUTION OF A GRANT
AGREEMENT, ANY AMENDMENTS THERETO, AND ANY OTHER
DOCUMENTS NECESSARY TO SECURE A JOBS HOUSING
BALANCE PROGRAM (JHBP) GRANT FROM THE STATE OF
CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
WHEREAS. The City of Chula Vista, a city within the State of California, applied for and was
successful in the NOFA released January 24, 2003 by the State of California Department of Housing
and Community Development (Department) for the JHBP. Funding for JHBP has been made
available pursuant to the Housing and Emergency Shelter Trust Fund of 2002 (Proposition 46), and
WHEREAS, Pursuant to the statute, the Department is authorized to approve funding
allocations for the program, subject to the terms and conditions of the NOFA and program
application forms.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City of Chula Vista shall be subject to the terms and conditions as specified in the
standard agreement (Contract). Funds are to be used for allowable expenditures as identified in
Attachment A of the Contract. The application in full is incorporated as part of the Contract and any
and all activities funded, information provided and timelines represented in the application are
enforceable through the Contract. The City of Chula Vista hereby agrees to use the funds for
eligible capital asset(s) in the manner presented in the application as approved by the Department
and in accordance with the NOFA and application package. The City of Chula Vista also may
execute any and all instruments required by the Department for participation in the Jobs Housing
Balanced Incentive Grant Program.
2. The City of Chula Vista authorizes David D. Rowlands Jr., City Manager, to execute in the
name of the City of Chula Vista the application, the Standard Agreement, and all other documents
required by the Department for participation in the JHBP.
PRESENTED BY APPROVED AS TO FORM BY
Laurie J. Madigan
Director of Community Development
J:\COMMDEV\RESOS\01.()6..()4\JHBP GRANT AGREEMENT.doc
G
..
STATE OF CALIFORNIA
STANDARD AGREEMENT CONTRACT NUMBER AM,NO
03-JHBP-016
STD. 2 (REV. 5.91) Jobs/Housing Incentive Program Modification (7/03)
TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBEF.
THIS AGREEMENT, made and entered into this 25'h day of June 2003 ,
in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
Director Dept. of Housing & Community Deveiopment, (the "State"), and
CONTRACTOR'S NAME
City of Chula Vista , ( the "Contractor").
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements and stipulations of the State herein
expressed, does hereby agree to all the terms and conditions of the Loan as contained in this Agreement and the attached Exhibits.
Authoritv: Pursuant to chapter 3.7 of part 2 of division 31 of the Health and Safety Code, commencing with section 50540, a,
amended by Section 2 of Chapter 482 of the Statutes of 2002, the State has established the Jobs Housing Balance IncentivE
Grant Program (the "Program"). This Agreement is entered into under the authority of, and in furtherance of the purposes of
the Program as set forth in Health and Safety Code section 50544. Pursuant to Health and Safety Code section 50550.1
Section 2, known as the Jobs Housing Balance Incentive Grant, the State has issued a Notice of Funding Availability an,
Guidelines (NOFA) governing the Program.
PurDose: In accordance with the authority cited above, the Contractor has applied to the State for financial assistance in th,
form of a grant from the Program (the "Granf'). The State has agreed to make the Grant, as a financial incentive based on thE
increased issuance of residential building permits by the Contractor pursuant to the terms of the NOFA. Based on thc
representations made in the Contractor's Application, which is hereby incorporated as if set forth in full, the State shall providE
a grant In the amount shown below for the purpose of paying for the capital improvement(s) Identified in Attachment A
attached hereto.
The State and the Contractor have agreed to enter into this Agreement in accordance with the terms and conditions herein
subject to all the provisions of the applicable statutes, the NOFA and further subject to the State laws and requirement,
governing State contracts.
Agreement Terms: The terms of this agreement shall be from June 25, 2003 through no later than June 30, 2006.
Contract Amount: The total contract award is $1,662,831.00
CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMeER.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, unon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY CONTRACTOR (If other than an individual, state whether a corporation, partnership, ete.)
Department of Housinq & Community Development City of Chula Vista
BY (AUTHORIZED SIGNATURE) BY (AUTHORIZED SIGNATURE)
PRINTED NAME OF PERSON S!GNING PRINTED NAME AND TITLE OF PERSON SIGNING
Rick Beard
TITLE ADDRESS
Manaqer, Budqets and Contract Manaqement Branch 276 Fourth AVenue, Chuia Vista, CA 91910
AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY I FUND TITLE Department of General Servlc..
(CODE AND TITLE)
DOCUMENT 30 Jobs Housing Balance Improvement Account u.. Only
1,662,831.00 (OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT ITEM CHAPTER STATUTE FISCAL YEAR
0.00
TOTAL AMOUNT ENCUMBERED TO 2240-101-3006 157 2003 2003-04
DATE OBJECT OF EXPENDITURE (CODE AND TITLE)
1,662,831.00 3306-22676-661702
I hereby certify upon my own personal knowledge that budgeted funds I T.BA NO. I B.R. NO.
are available for the periOd and purpose of the expenditure stated above.
SIGNA1'"fRE..Q,~ ACCOUNTIN~/;CER DATE
X 'I) / h/v,/O)
CONTRACTOR 0 STATE AGENCY 0 DEPT. OF GENERAL SERVICES 0 CONTROLLER 0
City of Chula Vista
03-JHBP-016
Page 2 of 6
1. Indemnity: The Contractor agrees to indemnify. defend and save harmless the State, its officers, agents and
employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors,
materialmen. iaborers and any other person, firm or corporation furnishing or supplying work services, materials or
supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or
resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of
this Agreement.
2. Contractor's Capacitv: The Contractor, and the agents and employees of Contractor, in the performance of the
Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.
3. Termination: The State may terminate this Agreement and be relieved of any obligation to fund the Grant should
the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In
addition the State may terminate this Agreement, or modify the grant amount, in the event it is determined that the
representations contained in the application are false or inaccurate.
4. No Assiqnment: Without the written consent of the State, this Agreement is not assignable by Contractor either in
whole or in part.
5. Time of Essence: Time is of the essence in this Agreement.
6. Amendments: This Agreement shall not be altered or amended except: (1) in writing, upon the mutual written
agreement of both parties; or (2) as may be modified in statute by the Legisiature. No oral understanding or
agreement not incorporated herein, shall be binding on any of the parties hereto.
7. Commitment of State Funds: The amount encumbered by this Agreement shall be equal to the maximum amount
of the Grant specified. The State hereby agrees to provide Grant funds to the Contractor in an amount and subject
to the terms set forth herein and the attachments hereto.
8. Allowable uses of Grant Funds: Grant funds shall only be used for projects approved by the State that involve the
construction, rehabilitation and/or acquisition of capital assets as defined by Government Code, Section 16727(a)
that benefit the community within the Grantee's jurisdiction. Capital assets include tangible physical property with
an expected useful life of 15 years or more, equipment with an expected useful life of two years or more, or major
maintenance, reconstruction, demolition for purposes of reconstruction and/or retrofitting work.
Incidental expenses shall not be paid by Grant funds unless they are directly related to the construction or
acquisition of an eligible capital asset. Such expenses inciude costs associated with planning, engineering,
construction management, environmental impact reports, appraisals, site acquisitions or necessary easements.
Grant funds shall not be expended for the administrative costs of persons directly employed by the Grantee or for
other "soft" costs that are not directly related to the construction or acquisition of capital assets.
9. Work to be Performed: Contractor shall take such actions, pay such expenses and do all things necessary to
complete the work specified in Attachment A in accordance with the schedule for completion set forth therein and
within the terms and conditions of this Agreement.
10. Fiscal Administration:
a. Term: The effective date of this Agreement is the date upon which it is executed by the State after execution by
the Contractor. All funds must be encumbered by the Contractor by June 30, 2004. This Agreement shalt
terminate upon compietion of the work and acceptance by the State of the final report, but no later than June
30, 2006, by which date the Contractor must have expended ail Grant funds and submitted its final report.
City of Chula Vista
03-JHBP-016
Page 3 of 6
b. The Contractor shall make any and all request(s) for disbursement no earlier than 90 days from the anticipated
need for the funds using the form attached hereto as Attachment A. The Contractor shall expend the funds
within 90 days from the date of receipt from the State.
c. A separate checking account for the Grant funds is not required. However, the Contractor shall deposit Grant
funds in an interest bearing checking or savings account, or the State may require the Contractor to deposit all
Grant funds into a segregated account in an institution whose deposits are insured by the federal or state
government. All interest earned from the deposit of Grant funds shall be used for allowable, program purposes
and accounted for to the State. All funds not expended within 90 days of receipt shall be returned to the State
with accrued interest.
d. The Contractor shall make a good faith effort to minimize the number of disbursement requests to the State by
anticipating and requesting in advance the maximum amount of funds that can be expended within the 90 day
time frame.
e. The Contractor shall inform the State within a reasonable amount of time in the event that expenditures related
to an authorized project(s) are less than the total grant award. The Contractor may expend the balance of
Grant funds on additional capital assets projects, upon written State approval. Contractor shall provide the
State with a letter of request that describes the additional project(s) to be funded.
f. The Contractor shall immediately inform the State, but no later than September 1, 2005, if it is anticipated that
the Contractor will not be able to expend all Grant funds by June 30, 2006.
g. The Contractor is responsible for maintaining records which fully disclose the activities funded by the Grant.
Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if
requested by the State, of the accuracy of the records and the allowability of expenditures charged to grant
funds. If the allowability of an expenditure cannot be determined because records or documentation are
inadequate, the expenditure may be disallowed and the State shall determine the reimbursement method for
the amount disallowed. The State's determination of the allowability of any expense shall be final, absent fraud,
mistake or arbitrariness.
h. Any unexpended funds remaining at the end of the contract period or termination date must be returned to the
State with accrued interest. Checks may be made out to the Department of Housing and Community
Development (HCD) and shall be mailed within thirty (30) days of the contract termination or expiration date.
11. Report Requirements:
a. The Contractor shall submit a bi-annual report to the State due 30 days after June 30th and December 31" of
each year during the term of the contract, as long as the Contractor has not expended all grant funds. The
annual report shall contain (1) total amount of grant funds expended to date for each project. (2) Total amount
encumbered for each project. (3) Progress made to date on each project. (4) Estimated completion date of
each project.
b. Upon complete expenditure of the Grant funds, the Contractor shall submit a final report in a manner
satisfactory to the State. The final report shall be submitted to the State within 60 days of the final grant funds
being expended or by August 30, 2006, whichever date is sooner. The final report shall contain (1) a
description of the final capital assets constructed or purchased with the Grant funds, and (2) the number of
certificates of occupancy issued in relation to the number of building permits issued in calendar year 2001. The
Contractor shall also submit the Closeout Certification Letter with the Final Report.
City of Chula Vista
03-JHBP-016
Page 4 of 6
12. Nondiscrimination Clause: During the performance of this Agreement, Contractor and its subcontractors shall not
unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of
race, religious creed, color, national origin, physical disability (including HIV and AIDS), mental disability, medical
condition (cancer), marital status, age or sexual orientation or by denial of family and medical care leave or denial of
pregnancy disability leave. Contractors and subcontractors shall insure that the evaluation and treatment of their
employees and applicants for employment are free from such discrimination and harassment. Contractor and
subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, S 12900 et
seq.) and the appiicable regulations promulgated thereunder (CaL Code Regs., tit. 2, S 7285.0 et seq.). The
applicable regulations of the Fair Employment and Housing Commission implementing Government Code
section 12990 (a-f), set forth in chapter 5 of division 4 of Title 2, California Code of Regulations, are incorporated
into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors
shall give written notice of their obligations under this clause to labor organizations with which they have a collective
bargaining or other agreement. Contractor shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under this Agreement.
13. National Labor Relations Certification: The Contractor warrants by execution of this Agreement and does swear
under penalty of perjury under the laws of the State of California that no more than one final unappealable finding of
contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-
year period because of the Contractor's failure to comply with an order of a federal court, which orders the
Contractor to comply with an order of the National Labor Relations Board.
14. Relocation: The Contractor shall comply with all requirements of applicable California relocation law (Gov. Code,
S 7260 et seq. and the regulations promulgated thereunder at CaL Code Regs., tit. 25, S 6000 et seq.). Any
relocation plan for the Development shall be subject to the review and approval by the State.
15. Americans with Disabilities Act (ADA) of 1990: By signing this Agreement, Contractor assures the State that it
complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. S 12101 et seq.), which prohibits
discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the
ADA.
16. Druq Free Workplace: By signing this Agreement, Contractor hereby certifies under penalty of perjury under the
laws of the State of California that Contractor will comply with the requirements of the Drug-Free Workplace Act of
1990 (Gov. Code, S 8350 et seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or
use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about: (1) the dangers of drug abuse in the
workplace; (2) the Contractor's policy of maintaining a drug-free workplace: (3) any available counseling,
rehabilitation and employee assistance programs; and (4) penalties that may be imposed upon employees for
drug abuse violations.
c. Every employee who works at the Property will: (1) receive a copy of the Contractor's drug-free workplace
policy statement: and (2) agree to abide by the terms of the Contractor's statement as a condition of
employment at the Property.
City of Chula Vista
03-JHBP-016
Page 5 of 6
17. Union Orqanizinq: By signing this agreement, Contractor hereby acknowledges the applicability of Government
Code section 16645 through section 16649 to this agreement.
a. Contractor will not assist, promote or deter union organizing by employees performing work on a state service
contract, including a public works contract.
b. No state funds received under this agreement wiil be used to assist, promote or deter union organizing.
c. Contractor will not, for any business conducted under this agreement, use any state property to hold meetings
with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing,
uniess the state property is equaily available to the general public for holding meetings.
d. If Contractor incurs costs, or makes expenditures to assist, promote or deter union organizing, Contractor wiil
maintain records sufficient to show that no reimbursement from state funds has been sought for these costs, and
that Contractor shail provide those records to the Attorney General upon request.
18. State Coordinator: The coordinator of this Agreement for the State is the Program Manager for the Jobs Housing
Balance Incentive Grant Program, Division of Housing Policy Development. Any notice, report, or other
communication required by this Agreement shall be mailed by first class mail to the State Coordinator at the
following address:
Department of Housing and Community Development
Division of Housing Policy Development
1800 3'" Street, Room 430
P.O. Box 952053
Sacramento, California 94252-2053
Attention: JHBP Program Manager
19. Certified Resolution: This Agreement shall be accompanied by a certified resolution from the Contractor's
governing body authorizing its execution.
20. Audit/Retention and Inspection of Records: Contractor agrees that the State or its delegatee wiil have the right to
review, obtain, and copy all records pertaining to performance of this Agreement. Contractor agrees to provide the
State or its delegatee with any relevant information requested and shall permit the State or its delegatee access to
its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under
investigation for the purpose of determining compliance with Public Contract Code section 10115 et seq.,
Government Code section 8546.7 and Title 2, California Code of Regulations, section 1896.60 et seq. Contractor
further agrees to maintain such records for a period of three (3) years after final payment under this Agreement.
Contractor shall comply with the caveats and be aware of the penalties for violations of fraud and for obstruction of
investigation as set forth in Public Contract Code section 10115.10.
21. Disputes:
a. Except as otherwise provided in this Agreement, any dispute arising under or relating to the performance of this
Agreement, which is not disposed of by agreement, shall be decided by the State's Contract Manager, who
shall reduce decisions to writing in regard to the dispute and shall transmit a copy thereof to the Contractor.
The decision of the State's Contract Manager shall be final and conclusive unless within thirty (30) days from
the date of receipt of such copy, the Contractor transmits a written appeal to the State. Pending the final
decision by the Director of the Department or his/her designee, the Contractor shall proceed diligently with the
performance of the Agreement and in accordance with the written decision of the State's Contract Manager,
which is the subject of the Contractor's appeal.
City of Chula Vista
03-JHBP-016
Page 6 of 6
b. Notwithstanding any other provision of this Agreement, after recourse to the procedure set forth in paragraph a.
above, any controversial claim arising out of or relating to this Agreement or breach thereof shall be settled by
arbitration at the election of either party in accordance with Public Contract Code section 10240 et seq., and
judgment upon the award rendered by the arbitration may be entered in any court having jurisdiction thereof.
22. Governinq Law: This Agreement shall be construed with and be governed by the laws of the State of California and
applicable federal law. All references to codes are references to the California Codes unless indicated otherwise.
23. Special Conditions: The Department reserves the right to add any special conditions to this Agreement it deems
necessary to assure that the policy and goals of the Program are achieved.
24. Prevailinq Waqes:
a. Where funds provided through this Agreement are used for construction work, or in support of construction
work, Contractor shall ensure that the requirements of Chapter J (commencing with section 1720) of Part 7 of
the Labor Code (pertaining to the payment of prevailing wages and administered by the California Department
of Industrial Relations) are met.
b. For the purpose of this requirement "construction work' includes, but is not limited to rehabilitation, alternation,
demolition, installation or repair done under contract and paid for, in whole or in part, through this Agreement.
All construction work shall be done through the use of a written contract, with the properly licensed building
contactor incorporating these requirements (the "construction contractor"). Where as the construction contract
will be between the Contractor and a licensed building contractor. Contractor shall serve as the "awarding
body" as that term is defined in the Labor Code. Where Contractor will provide funds to a third party that will
enter into the construction contract with a licensed building contractor, the third party shall serve as the
"awarding body". Prior to any disbursement of funds, including but not limited to release of any final retention
payment, the Department may require a certification from the awarding body that prevailing wages have been
or will be paid.
COUNCIL AGENDA STATEMENT
Item: C"
Meeting Date: 01/06/04
ITEM TITLE: Ordinance of the City of Chula Vista Amending Chula Vista
Municipal Code Section 10.52.110 Relating to the Parking of Vehicles
For Sale, Advertising or Demonstration Purposes (First Reading)
SUBMITTED BY: Chief of Police ~/
, ~ (
REVIEWED BY: City Manager 1'(' Q (4/5ths Vote: Yes _ No l)
In an effort to clarify its parking laws and to ensure consistency with federal and state law, the
following ordinance is being presented which would amend a section of the Municipal Code
regulating the parking of vehicles for sale, advertising or demonstration purposes.
RECOMMENDATION: That the City Council place the ordinance on first reading.
BOARDS/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION: Periodically, City staff identify certain sections of the Chula Vista Municipal
Code (CVMC) in need of amendment and clarification so that enforcement of certain illegal
activities are easier and to ensure that the Municipal Code is consistent with federal and state
law. Recently, staff discovered that CMVC Section 10.52.110 could benefit from such an
analysis. Section 10.52.110 prohibits the parking of a vchicle on public and private property for
the purpose of selling the vehicle. It also regulates the use of a vehicle as an advertising or
demonstration device in residential neighborhoods. After reviewing the law in question, the
Police Department and the City Attorney's Office rccommend amending Section 10.52.110 as
presented in the attached ordinance.
FISCAL IMPACT: A small, negative impact to the General Fund could occur.
0~(
ORDINANCE NO.
-
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 10.52.110
RELATING TO THE PARKING OF VEHICLES FOR SALE,
ADVERTISING OR DEMONSTRATION PURPOSES
WHEREAS, periodically, City staff identify certain sections of the Chula Vista
Municipal Code (CVMC) in need of amendment and clarification so that enforcement of
certain illegal activities are easier and to ensure that the Municipal Code is consistent
with federal and state law; and
WHEREAS, staff discovered that CMVC Section 10.52.110 could benefit ftom
such an analysis; and
WHEREAS, the Police Department and the City Attorney's Office recommend
amending Section 10.52.110 as presented below.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain:
SECTION I. That Section 10.52.110 of the Chula Vista Municipal Code is amended to
read as follows:
10.52.11 0 Parking for sffie,advertising or demonstration purposes - j}rohibited I
when.
No operator of any 'iehie1e shall park said vehicle upon any street or upon any public or
pri'iate property, without the oWlier's consent, in the city for the principal purpose of
advertising or displaying it for sale, unless authorized by resolution of the council. In
addition, no No vehicle displaying advertising matter for the primary purpose of
commercial advertising, as prohibited by CVMC 5.08.030 through 5.08.060, shall park
upon any residential street in this city.
SECTION 11. This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Submitted by Approved as to fonn by
- U€<- "1. t-k--- \'#,~
Richard P. Emerson Ann Moore
Chief of Police City Attorney
b~
-.,......-..---....----....--------.-.---.----- -.-,.-.....-. _.-
COUNCIL AGENDA STATEMENT
Item No. I)
Meeting Date 1/06/04
ITEM TITLE:
A. Resolution approving the reorganization of the General Services Department.
B. Resolution approving the reorganization of the Engineering Department.
C. Resolution approving the reorganization of the Public Works Operations Department.
SUBMITTED BY: tY {I/ (V
City Manager 'Pc' \)
Director of General Services Q~
Director of Public Works Ope tions
Director of Human Resources (f5f-
REVIEWED BY: City Manager (4/Sths Vote: Yes_ No X )
With the pending retirement of the Director of Engineering, staff has determined that the City
will realize substantial benefits by eliminating the Engineering Department as an independent
department and merging portions of it into the General Services Department and the Public
Works Operations Department. These benefits include increased efficiencies in the management
of the tasks the former Engineering Department undertakes and a more effective organizational
structure for the staff of the department. The reorganization also recognizes the operational
relationships that the various sections of the Engineering Department already had with the
General Services Department and Public Works Operations Department. Most importantly, the
reorganization enables the City to place all of the City's capital budgeting and project
management activities within a single department, the General Services Department.
RECOMMENDATION: That Council Adopt:
A. Resolution approving the reorganization of the General Services Department.
B. Resolution approving the reorganization of the Engineering Department.
C. Resolution approving the reorganization of the Public Works Operations Department.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
With the pending retirement of the Director of Engineering, staff has determined that cost
savings will be realized by eliminating the independent department of Engineering and
reorganizing the sections into the departments of General Services Department and Public Works
Operations Department.
f)-I
_.~.._._~_. --..- ----.--'----..-----"" _.._,_.~
Item ~
Meeting Date 1/6/04
General Services Department
The majority of the fOl111er Engineering Department will be relocated to the General Services
Department. The specific functions that will be relocated are:
. Engineering Administration
. Land Development (Subdivisions and Pel111its)
. Traffic Engineering
. Wastewater Engineering
. Real Property Management
. Assessments
. Survey Services
. Design Engineering
. Project Development
All of the above functions will be contained within the Engineering Division of the General
Services Department with the exception of the Design Engineering and Project Development.
These two functions will be combined and transferred to the current Building and Park
Construction Division, which will be renamed the Project Development and Management
Division.
With these changes, a number of benefits should be realized. Among these benefits is the
consolidation of the City's capital development operations. From the early planning stages,
tbrough the budgeting process, to the design and construction of projects, all of the project
management activities will be brought together in a single place in the organization. By merging
the project development and design elements of Engineering with the project management
activities in General Services, staff in both areas will benefit ftom the enhanced relationship and
the cross training opportunities that will be presented.
It is also expected that the Engineering staff will be given a more holistic view of the City and
how the projects they work on affect both the public and other City departments. The change in
focus ftom a traditional emphasis on the engineering viewpoint to a more comprehensive
management viewpoint will improve the City's ability to deliver high quality, cost effective
projects.
Staff believes that there will also be budgetary savings accomplished by the merging of the two
departments. It is expected that, eventually, there will be 2 to 3 positions that will be able to be
eliminated once the reorganization is complete. The positions to be eliminated are the Director
of Engineering and either a Civil Engineer or Assistant Civil Engineer position. For budgetary
purposes, it is assumed that an Assistant Civil Engineer position will be eliminated. The total
savings of these two eliminations is $288,646 upon the retirement of the Director of Engineering.
These savings will be possible due to the pooling of existing staff ftom both departments and the
plan to remove some of the fOl111alized structure of the Engineering Division and permit more
internal movement of staff and tasks: It is a major goal of the new Department to encourage and
facilitate the idea of allowing staff to work in multiple areas of interest. This not only cross
2 ~-J-
Item
Meeting Date 1/6/04
trains the staff in various areas but also improves morale and allows management to have greater
flexibility in the use of staff when circumstances dictate.
In addition to the incorporation of Engineering staff in the General Services Department, there
also are tbree proposed organizational changes within the original General Services Department.
First, the existing Senior Office Specialist position will be reclassified to the Administrative
Secretary position. This reclassification reflects the actual duties that the Senior Office
Specialist has been performing for some time and also reflects the increased duties that this
position will be expected to undertake in the department, which is doubled in size in this
reorganization. Second, the existing Senior Fiscal Office Specialist (vacant) will be reclassified
as a Senior Office Specialist. This reclassification is based on the duties that this position will be
expected to perform including a lessening emphasis on fiscal issues and a greater emphasis on
general administrative tasks for the larger department. Third, the Custodial Services Supervisor
will be renamed the Custodial and Facilities Manager and the salary adjusted to recognize the
recent increase in management duties that this position is performing. This position has
significant supervisory responsibilities that include oversight of approximately 30 staff members,
of which half are either part time or temporary employees. The position is also responsible for a
host of management activities associated with various events at City facilities. The cost of these
reclassifications is $16,936.
The proposed new organizational structure of the General Services Department can be found as
Attachment A.
Public Works Operations Department
Another opportunity presented by the retirement of the Director of Engineering is the
combination of Inftastructure Maintenance and Inspection Services under the supervision of the
Assistant Director of Public Works Operations. When public inttastructure is constructed or
improved within the City of Chula Vista, the contract work is inspected by the Public Works
Inspectors in the Construction section of the Inspection Services Division. Once the City has
accepted public improvements they are maintained by the Inftastructure Maintenance section of
Public Works Operations. Consequently, there has always been a close tie and extensive
cooperation between the two divisions.
Besides the Public Works Inspectors in the Construction section, the other section within
Inspection Services is the Stormwater Management section. Again, there is already a close tie
and extensive cooperation between that group and the Inttastructure Maintenance group. The
Inspection Services Division is currently directed by one of the tbree Deputy Directors of
Engineering. This position is being reclassified to a Senior Civil Engineer and will report
direct! y to the Assistant Director of Public Works Operations. The savmgs in this
reclassification is $2,622.
Due to the reorganization, adjustment of responsibilities, and historical internal alignment, salary
adjustments and title changes are also recommended for the following positions: Senior Park
Supervisor to Park Manager, Senior Public Works Supervisor to Public Works Manager,
3 1-~
w......._._______________..___.__...'
Item
Meeting Date 1/6/04
Wastewater Collection Supervisor to Wastewater Collection Manager and City Arborist (no title
change). The cost of these adjustments is $43,042.
Transit will also move to Public Works Operations with the Transit Coordinator reporting to the
Director of Public Works Operations. The new organization chart is shown as Attachment B.
FISCAL IMPACT:
The reorganization of the departments will result in a gross cost savings of approximately
$293,171 on an annual basis upon the retirement of the Director of Engineering. The net
annualized cost savings after various salary adjustments discussed above results in a savings of
approximately $217,000 based on 2004 salary levels.
A TT ACHMENTS:
A Proposed General Services Department Organizational Chart
B Proposed Public Works Operations Department Organizational Chart
J:\General Services\GS Administration\Council Agenda\Organization\gen svcs - engineering _ pw reorganization.doc
12/31/20039:58 AM
4 '/'$ Lf
--- ---
- ------ :;-~
~ -C
DJ 0) a
C') ~ ~-
~ C1-~
3 :s::: --- 0
CD
:J 0) c::J
..... ~ CD ::UG)
)> 0) <:::
~ CD G)m
CD C>
:3 '"t::I )>Z
CD :3
~ CD Zm
--- ~
--- -~
:a> ~r
C"') C1- -(f)
C> :3
~ ~- Om
~ en- Z::u
:;;02 ---
~
CDS4- 0) )><
'""C:' _ _ = G:>
0) C> C> r_
::::::;- :::::J ~ CD (f)(')
0) ~ q
~ CD ro
C1- ...., -1m
0) C">
- --- ::U(f)
Cf> c>
CD ~
< C> Co
-- --
." @ (')m
0) C"')."
C">_ en -I"'U
= - C"') -c 00- C)>
c:t: c= - C">
CD en -CO)
~ - ::U::u
en ___ c>
:s:::8,. ~- Cf>
CD CD m-l
0) -- ~<
~ ~ ..-.~
0) 0) :s::: c=5 -
~ ~ ~ CD ~m
CD C1- :3 en
:3 --- O)z
CD 0-1
~
---
"J:::.
--
C"')
--
---
--=::
rn
~
~
--
~
CD
CD
~
---
"C:;:;
c::
e
l-
I--
z_
w~
~Q
I--co
0:::;:: 13
<( ~ -'"
c..w ~
wo::: ~
0::> :E
I-- LL
en,,\ en
Z \J .c...> g
O:J -g:=
~ a... e
- <l>
I-- _=-
I- := c> 23
<( en ~ -J;! ~ 23
0::: ~= "'=
W-l 03; 5 = ~
<( - <l> c::
a.. -ro =-2
Z ~ ~_~
O ~ <>o!:S co
O _~ en :::2:
E ~
en- ~ ~
::.:: I- <<: CL
~~ 23
>2 =
><( ~c::
<l> c>
"0 ~~ 00
...., ~ m _
-~ ~~ 0
--'~ ~.
O ~E E
ca =~ ~
--. '" = u
oJ 2 ~ .
a.. ___ ~
en <(
-~
c::
r1 I _ ___
',-w .. __
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE REORGANIZATION OF THE GENERAL
SERVICES DEPARTMENT
WHEREAS, with the pending retirement of the Director of Engineering, the staff
has determined that the City will realize substantial benefits by eliminating the
Engineering Department as an independent department and merging portions of it into the
General Services Department and the Public Works Operations Department; and
WHEREAS, in addition to the incorporation of Engineering staff in the General
Services Department, there are also three proposed internal organizational changes within
the original General Services Department; and
WHEREAS, first, the cxisting Senior Office Specialist position will be
reclassified to the Administrative Secretary position; and
WHEREAS, second, the existing Senior Fiscal Officer Specialist which is
currently vacant will be reclassified as a Senior Office Specialist; and
WHEREAS, third, the Custodial Services Supervisor will be renamed the
Custodial and Facilities Manager and the salary adjusted to recognize the recent increase
in management duties that this position is perfornling; and
WHEREAS, the cost of these reclassifications is $16,936.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the reorganization of the General Services Department.
Presented by Approved as to form by
Jack Griffin, Director of General Services ~~.~f-&J
Ann Moore, City Attorney
Dave Byers, Director of Public Works Operations
Marcia Raskin, Director of Human Resources
.1:A tlorney\Reso\( 'Jass; ficali nn\Reorg (-icncra 1 Services
'1-1
_._.,'_._----~------".__._.__.._--_.- ----
RESOLUTiON NO. 2003-
RESOLUTiON OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE REORGANIZATION OF THE
ENGINEERING DEPARTMENT
WHEREAS, with the pending retirement of the Director of Engineering, the staff
has detem1ined that the City will realize substantial benefits by eliminating the
Engineering Department as an independent department and merging portions of it into the
General Services Department and the Public Works Operations Department; and
WHEREAS, the majority of the fom1er Engineering Department will be relocated
to the General Services Department; and
WHEREAS, the specific functions that will be relocated are: and
. Engineering Administration
. Land Development (Subdivisions and Permits)
. Traffic Engineering
. Wastewater Engineering
. Real Property Management
. Assessments
. Survey Services
. Design Engineering
. Project Development
WHEREAS, all the above functions will be contained within the Engineering
Division of the General Services Dcpartment with the exception of the Design
Engineering and Projcct Developmcnt; and
WHEREAS, the Design Engineering and Project Development functions will be
combined and transferrcd to the current Building and Park Construction Division, which
will be renamed Project Development and Management Division; and
WHEREAS, this will be a consolidation of the City's capital development
operations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the reorganization of the Engineering Department.
Prescntcd by Approved as to form by
""
.Tack Griffin, Director of General Services Ann Moore, City Attome
Dave Byers, Dircctor of Public Works Opcrations
Marcia Raskin, Director of Human Resources
J:Attnrney\Rt:so\{ 'lassi fica!ion\Rcorg I:ngillccring Dcpt
rJ- r?
... ._,' ---",'---" ~---_._-_..,.,-_._-_...__.-..._-"-'-'''''- ... - _"_H_______
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE REORGANIZATION OF THE PUBLIC
WORKS OPERATIONS DEPARTMENT
WHEREAS, with the pending retirement of the Director of Engineering, the staff
has determined that the City will realize substantial benefits by eliminating the
Engineering Department as an independent department and merging portions of it into the
General Services Department and the Public Works Operations Department; and
WHEREAS, the retirement of the Director of Engineering presented the
opportunity to combine the Infrastructure Maintenance and Inspection Services under the
supervision of the Assistant Director of Public Works Operations; and
WHEREAS, the Inspection Services Division is currently directed by one of the
three Deputy Directors of Engineering; and
WHEREAS, this position is being reclassified to a Senior Civil Engineer and will
report directly to the Assistant Director of Public Works Operations; and
WHEREAS, due to the reorganization, adjustment of responsibilities, and
historical internal alignment, salary adjustments are also recommended for the following
positions:
. Sf. Park Supervisor
. Sf. Public Works Supervisor
. Wastewater Collection Supervisor
. City Arborist
WHEREAS, Transit will also move to Pubic Works Operations with the Transit
Coordinator reporting to the Director of Public Works Operations; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the reorganization of the Public Works Operations
Department.
Presented by Approved as to fonn by
~'[~\\~\f~~
Jack Griffin, Director of General Services Ann Moore, City Attorney
Dave Byers, Director of Public Works Operations
Marcia Raskin, Director of Human Resources
J:^ttorney\Reso\Classification\Reorg Public Works Operations
7-9
PAGE I, ITEM NO.: ~
If
MEETING DATE: 01/06/04
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE REORGANIZATION OF THE COMMUNITY
DEVELOPMENT DEPARTMENT AND AMENDING THE FISCAL YEAR
2004 BUDGET TO REFLECT THE ORGANIZATIONAL CHANGES
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR
HUMAN RESOURCES DIRECTOR/Itt2--_
REVIEWED BY: CITY MANAGER 1)~
4/5THS YOTE: YES0NOD
BACKGROUND
This staff report provides to the City Council a proposal to reorganize the Community Development
Department to more effectively respond to new challenges and opportunities. In order to meet
anticipated needs, this resolution authorizes addition of three new positions and salary adjustments
for existing positions. This resolution further authorizes reclassification of certain positions to allow
the Director to flexibly staff and place incumbents in the appropriate position based upon their
knowledge and abilities at no loss to their respective salaries, while allowing new opportunities for
growth in their classification.
RECOMMENDATION
Approve the reorganization of the Community Development Department and amend the Fiscal
Year 2004 budget as presented in this report.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
During the past year the Department has been evolving and restructuring in an effort to more
effectively respond to new challenges and opportunities. In recent years, Chula Vista has
continued to playa significant role in the region's growth and is beginning to emerge as the hub
of civic and cultural activity in South San Diego County. While much of the City's recent growth
has occurred In large master planned communities in the eastern portion of the City,
demographic changes, market shifts and other influences are bringing about population growth
g'--j
PAGE 2, ITEM NO.: e
MEETING DATE: 01 /06/04
and renewed interest and need far revitolization and redevelopment in the older, established
western portion of the City. While suburban growth will continue into the near future, the focus of
planning ond development activity hos shifted to urbon development and new lifestyle choices,
resulting in the need for a larger role for the Community Development Department, and
demanding more and better focus from our team.
Attachment A shows the proposed new organization chart for the Department. Anticipoting
upcoming Council Workshops on redevelopment structures, the reorganization hos been
designed to prepare the Department to work directly with a new redevelopment entity. We
believe that with this organizational approach the redevelopment arm of the Department, which
will include redevelopment project management, redevelopment planning and affordable
housing (typicolly financed from redevelopment set-oside funds), con be reody to "stoff" whatever
new entity is formed through action of the Council.
Staff Additions and Reclassifications
As shown on Attachment A, the new organization includes one Executive Staff (Community
Development Director), and five Senior Staff. Three of the Senior Staff positions - Assistant
Director, Deputy Director for Redevelopment, and Redevelopment Projects Manager - are
proposed to be filled by new employees to Community Development. The candidates will
possess outstanding experience in public policy and development planning, and have displayed
exemplary skills in negotiation and management - key skills necessary to accomplish Department
goals. The position of Planning and Housing Manager will be filled through promotion in-house.
The Economic Development Manager position will remain vacant for the remainder of this fiscal
year to provide an opportunity for the senior team members to assess and determine the best
course of action.
The proposed reorganization involves both the addition of new positions and reclassification of
existing positions within the Department. The new positions will include Deputy Director of
Redevelopment, an additional Principal Community Development Specialist and an additional
Community Development Specialist I. All four of the current Community Development Manager
positions - Economic Development Manager, Redevelopment Manager, Planning and
Environmental Manager and Housing Manager - will be reclassified. The Economic
Development, Redevelopment and Planning and Environmental Manager positions will be
reclassified from Middle Management to Senior Management positions. The Redevelopment
Manager and Environmental Manager positions will be changed to Redevelopment Projects
Manager and Planning and Housing Manager, and as shown on Attachment A will report directly
to the new Deputy Director for Redevelopment. The Economic Development Director will report
directly to the Assistant Director. The fourth existing Manager position, Housing Manager, will be
reclassified to Senior Cammunity Development Specialist. In arder to provide the Department
with budget and administrative assistance, one existing Senior Community Development
Speciolist position will be reclassified to Senior Management Analyst. Two current Community
Development Specialist II positions will be reclassified to Senior Community Development
Specialist.
(-J.-
"."-- -...-"..,-',.-..-.,'-..-'-
PAGE 3, ITEM NO.: g
MEETING DATE: 01/06/04
Finally, all Community Development Specialist positions, I through Principal, will be adjusted, and
Senior and Principal positions reclassified, in order to bring the Community Development
positions into par with current Planning Department pay levels. It should be noted that the
existing Community Development Middle Management and CYEA classifications reflect a pay-
scale which is, in many instances, considerably lower than the planning series. This has resulted
in an unwelcome discrepancy, with Community Development staff consistently paid less for a
similar type and equal level of job responsibility. Creation of the new classifications for
Community Development will eliminate this discrepancy, provide for flexible staffing, and allow
the Director to place incumbents in the appropriate positions based upon their knowledge and
abilities and at no loss to their respective salaries, while allowing for new opportunities for growth
within their classifications.
The proposed staffing changes will provide another, very important tool for our Department.
Although all Community Development Specialists will be assigned to one of three divisions, teams
of Community Development Specialists may be assembled for short-term projects or to create
special assignment teams in order to accomplish long-term goals. All Community Development
Specialists will be able to be cross-trained and provided more opportunity for professional
growth. In addition, the flexible staffing of Senior and Principal Community Development
Specialist levels will allow Senior and Principal management staff members to move up to the
Principal level when the Director feels they have demonstrated the full range of skills necessary to
perform at that level. These elements of the reorganization will provide the Department with
critically needed elasticity and help to create a more "private sector-like" environment, thus giving
us the ability to proactively compete in the markets associated with both redevelopment and
economic development.
In addition to the usual workload associated with redevelopment project entitlement and business
retention and attraction programs, the Community Development Department is tasked to
spearhead and accomplish several major Citywide goals. Among these are the expansion of the
Merged Redevelopment Area and preparation and implementation of the Urban Core Specific
Plan, completion of the Bayfront Master Plan, update of the City Housing Element and
formulation and implementation of updated affordable housing policies, and attraction of a new,
four-year institution of higher education to our University site. The proposed new organizational
structure will enable us to bring critical talent to focus-on and to successfully accomplish these
significant projects, and to further the goals of economic development and redevelopment
targeted by the City Council.
FISCAL IMPACT
The following fiscal impacts are expected to result from reclassifications and from the addition of
new staff positions:
I) The anticipated fiscal impact resulting from reclassifications of existing positions for the
remainder of FY 2004 is $39,372 with an ongoing cost for FY 2005 of $81,500
>1- -;;(
~
_._~.__..__.._._----_._~.._._...__.__..~-----_.,._- .
PAGE 4, ITEM NO.: K
MEETING DATE: 01 /06/04
II) The anticipated cost for additional staffing for the remainder of FY 2004 is $226,213.
This will be portially offset by an estimated $74,815 in salary savings, resulting from the
vacancy in the Economic Development Manager position through the end of this fiscal
year, for a net cost of $151,398.
III) The ongoing cost for new staff for FY 2005 is estimated to be $450,000. This will be
partially offset by an estimated savings of $355,000 through the eliminotion of two
Senior Management positions, the Western Chulo Vista Development Manager and an
existing Assistant Director position within the Communify Development Department, for a
net increase of $95,000.
The estimated $190,770 required to implement the reorganization for the remainder of FY 2004
will be funded through the use of unappropriated General Fund Reserves. Net ongoing costs will
be funded through unanticipated new revenue.
AnACHMENTS
A - Proposed Organization Chart
J:\COMMDEV\LAURIE\Reorganization Staff Report.doc
g~L/
--------
ATTACHMENT A
COMMUNITY DEVELOPMENT DEPARTMENT
PROPOSED ORGANIZATION CHART
Director
Assistant Director Administration I
I
I
Deputy Director
Redevelopment
I
I I
Redevelopment Projects Planning & Housing Economic Development
Manager Manager Manager
If
/
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE REORGANIZATION OF THE
COMMUNITY DEVELOPMENT DEPARTMENT AND AMENDING
THE FISCAL YEAR 2004 BUDGET TO REFLECT THE
ORGANIZATIONAL CHANGES
WHEREAS, demographic changes, market shifts and other influences are bringing about
population growth and renewed interest and need for revitalization and redevelopment in the older,
established western portion of the City; and
WHEREAS, the focus of planning and development activity has shifted to urban
development and new lifestyle choices resulting in the need for a larger role for the Community
Development Department; and
WHEREAS, the Community Development Department has been tasked, in addition to the
usual workload associated with redevelopment project entitlement and business retention and
attraction programs, to spearhead and accomplish several major Citywide goals, including
expansion of the Merged Redevelopment Area; preparation and implementation of the Urban Core
Specific Plan; completion of the Bay/ront Master Plan, update of the City Housing Element and
formulation and implementation of updated affordable housing policies; and attraction of a new, four-
year institution of higher education; and
WHEREAS, the Community Development Department has evolved and restructured in
response to these new challenges and opportunities, further reorganization needs to occur in order
to provide more and better focus from Community Development Department staff; and
WHEREAS, the existing Community Development Middle Management and CVEA
classifications reflect a pay-scale considerably lower than the planning series and in many instances
creates a discrepancy of Community Development staff being paid less for a similar type and equal
level of job responsibility; and
WHEREAS, reclassifications proposed by this reorganization will eliminate this discrepancy;
and
WHEREAS, the reorganization of the Community Development Department, addition of three
(3) new positions, and reclassifications for Community Development will provide outstanding
experience and resources in public policy, development planning, negotiation and management
necessary to accomplish Department goals; and
WHEREAS, the reorganization will enable the Director to flexibly staff and to place
incumbents in the appropriate position based upon their knowledge and abilities at no loss to their
respective salaries, while allowing new opportunities for growth in their classification; and
WHEREAS, the reorganization as relates to the redevelopment arm of the Department will
be able to work directly with any new entity formed through Council action on redevelopment
structures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it
hereby approve the reorganization of the Community Development Department and amend the fiscal
year 2004 budget to:
t'
a) Add the position of Deputy Director of Redevelopment;
b) Allocate an additional Principal Community Development Specialist position and
Community Development Specialist I position;
c) Reclassify and move from Middle to Senior Management the following positions:
Economic Development Manager, Redevelopment Manager to Redevelopment
Projects Manager, Planning and Environmental Manager to Planning and Housing
Manager;
d) Reclassify Housing Manager to Senior Community Development Specialist;
e) Reclassify a Senior Community Development Specialist position to Senior
Management Analyst;
f) Reclassify two Community Development Specialist II positions to Senior Community
Development Specialist; and
g) Adjust the salary range and flexibly staff the Community Development Specialist
positions I through Principal, and reclassify the Senior and Principal Community
Development Specialist positions.
Presented by Approved as to form by
Lau e Madigan ~~~~~ \\-. ~(
Ann Moore
Dire tor of Commun ty Development City Attorney
8-'7
..__._~---~--_._~_..~--- - --..---- ..___._ "._ ~'M'''.___....____"._ ---.----.-"---.,-.
PAGE 1, ITEM NO.: -9..,.
MEETING DATE: 01/06/04
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS,
ADVANCES AND INDEBTEDNESS WITH RESPECT TO THE
REDEVELOPMENT PLAN FOR THE MERGED REDEVELOPMENT
PROJECT
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ELIMINATING THE TIME LIMIT ON ESTABLISHMENT OF LOANS,
ADVANCES AND INDEBTEDNESS WITH RESPECT TO THE
BAYFRONT/TOWN CENTER I REDEVELOPMENT PLAN
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR L~ ..~
REVIEWED BY: CITY MANAGER \)~
4/5THS VOTE: YESDN00
BACKGROUND
In 2001, California Redevelopment Law was amended (through SB 211) to allow local Legislative
Bodies to adopt ordinances removing time limits on the establishment of loans, advances and
indebtedness with respect to redevelopment plans originally adopted prior to January 1, 1994. The
amendment allows Agencies to incur debt at any time during the time that the plans are effective.
All Chula Vista redevelopment plans were originally adopted prior to 1994, and all of them currently
have limitations on loans, advances ond indebtedness. The time limit to incur debt in the Bayfront,
Town Centre I, Town Centre II, and Otay Valley areas expires in 2004. For Southwest, the expiration
date is 2010. Adoption of the ordinances removes the existing time limits and allows the Agency to
issue debt at any time during the effective life of the corresponding redevelopment plans.
Enactment of these Ordinances is exempt from the California Environmental Quality Act (Public
Resources Code section 21000 et seq.) ("CEQA") pursuant to CEQA Guidelines Section 15378(b)(4)
(California Code of Regulations Section 15378(b)(4)) because it is a fiscal activity which does not
involve any commitment to any specific project which may result in a potentially significant physical
impact on the environment.
RECOMMENDATION
Staff recommends that the City Council adopt the two ordinances and conduct first ond second
reading as required by law.
q-I
PAGE 2, ITEM NO.: /I
MEETING DATE: 01 /06/04
BOARDS/COMMISSIONS RECOMMENDATION
No recommendotion from odvisory bodies is required .for odoption of these ordinances.
DISCUSSION
The Merged Chula Vista and Bayfront(T own Centre I Redevelopment Plans govern the
redevelopment authority among eight constituent areas throughout western Chula Vista. The
Redevelopment Plans were amended in 1994 to establish specific time limits for incurring debt
among these various constituent areas as required by Redevelopment Law at that time. The table
below presents the date each area was established, the duration of the redevelopment plan, and the
time limit to incur debt.
Area Plan Adoption Plan Duration Limit to Incur Limit to Collect
Debt Tax Increment
Bayfront July 16, 1974 July 16, 2014 January 1, 2004 July 16, 2024
Bayfrant Amended July 7, 199B July 7, 202B January 1, 2004 July 7, 2043
Town Centre I July 6,1976 July 6,2016 January 1, 2004 July 6, 2026
Town Centre 11 August 15, 1978 August 15, 2018 January 1, 2004 August 15, 2028
Town Centre II Amended June 1988 June 2028 January 1, 2004 June 2038
Otay Valley December 1983 December 2023 January 1, 2004 December 2033
Southwest Navember 1990 Navember 2030 Navember 2010 Navember 2040
Southwest Amended July 1991 July 2031 July 2011 July 2041
As shown above, the Agency's time limit to incur debt in all but the Southwest constituent areas is
January 2004. Once the time limit on incurring debt is reached, redevelopment agencies are
generally prohibited from enacting new obligations secured by tax increment revenue financing.
Obviously, with a substantial reliance on using tax increment financing to undertake projects, the
ability to incur debt in the future is critical to the Agency if it is to continue implementing an
effective redevelopment program.
Recognizing that most agencies were facing the same circumstonces as Chula Vista, the
legislature adopted SB 211 in 2001, which enabled redevelopment agencies to undertake a
simple amendment to rescind the time limit to incur debt. The process prescribed by SB 211
(embodied in Section 33333.6 of the Redevelopment Law) involves adoption of an ordinance and
does not require the preparation of additional analysis, special public notification, and
environmental review typically associated with redevelopment plan amendments.
Earlier this year, the Agency's financial advisor and bond counsel recommended that the Agency
undertake this amendment, and prepared the attached ordinances far City Council
consideration. The effect of the amendments would eliminate the time limit to incur debt, and
allow the Agency to issue debt at any time during the effective duration of the constituent areas.
._~- --'"'--~_.
PAGE 3, IIEM NO.: ---1L-
MEEIING DAlE: 01106/04
With the adoption of the ordinances and consequent removal of the current time limits to incur
debt, the Agency's ability to incur or refinance debt will now become a function of the remaining
life of the redevelopment plans and the last date to collect tax increment rather thon a specific
date set in the Redevelopment Plans. Thus this chonge will allow for more flexibility in financing
or refinancing of existing debt. Alsa, the Agency may continue to provide tax increment revenue-
backed assistance to other redevelopment endeavors over the duration of the Redevelopment
Plans, thereby enabling the Agency to undertake public improvement and facility projects, as well
as rehabilitation, infill and other redevelopment projects after January 1, 2004 that would
otherwise be prohibited under the current Plan limits.
Except as set forth in the Fiscal Impact section, below, approving the proposed ordinances does
not affect any other provisions of the plans, including the limitations on the cumulative tax
increment that can be received or the time limitation on the collection of tax increment with
respect to the constituent redevelopment projects. Additionally, this amendment is exempt from
the requirements of the Californio Redevelopment Law related to public hearings and noticing
requirements.
FISCAL IMPACT
By adopting the enclosed ordinances, Section 33607.7 triggers a new obligation of the Agency to
share a portion of the future growth of tax increment revenues with offected taxing agencies. The
current amount of tax increment revenues received by the Agency is not impacted by these
obligations. Depending upon the constituent area, up to 25% of the growth in tax increment
revenues beginning in 2004 will be shared with the affected taxing agencies (including the City
General Fund). Under the applicable law, these additional statutory payments are not required
to be made to affected taxing agencies that have fiscal mitigation agreements with the Agency
(such as the County of San Diego within the Southwest constituent area).
Despite these additional costs, the financial advisor and Agency staff have concluded thot the
benefits of the amendments far outweigh the costs. The ability to incur new debt is critical to the
successful implementation of the Agency's redevelopment program, and without this extension
the Agency would not be able to initiate new projects.
J:\COMMDEV\STAFF.REP\Ol-06-04\Council Report - S8 211 Ordinances. Doc
---- --'.~".~--_..-.__.~--_.__.._._.- - ---_. '-' -~-_.--.-...-
ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ELIMINATING
THE TIME LIMIT ON ESTABLISHMENT OF
LOANS, ADVANCES AND INDEBTEDNESS
WITH RESPECT TO THE BAYFRONTrrOWN
CENTER I REDEVELOPMENT PLAN
WHEREAS, the City Council ("City Council") of the Chula Vista ("City") adopted
Ordinance No. 154lestablishing the Redevelopment Plan for the Bayfront Redevelopment Project
Area ("Bayfront") on July 16, 1974, and
WHEREAS, the City Council adopted Ordinance No. l6910n July 6, 1976 establishing the
Redevelopment Plan for the Town Center I Redevelopment Project Area ("Town Center I"); and
WHEREAS, the City Council adopted Ordinance No. 1872 on July 5, 1979 which merged
the Bayfront Redevelopment Project Area and the Town Center I Redevelopment Project Area,
which merged project areas are hereinafter referred to as the "Bayfront/TC I Redevelopment Project
Area", thus creating the Redevelopment Plan for the Bayfront/Town Center I Redevelopment Project
Area; and
WHEREAS, the merged Bayfront/TC I Redevelopment Plan consists of the Town Center I
Redevelopment Plan and the Bayfront Redevelopment Plan (each a "Constituent Plan" or together,
"Constituent Plans"); and
WHEREAS, the Redevelopment Plan for the Bayfront/Town Center I Redevelopment
Project Area was amended by Ordinance No. 2146 of the City Council adopted on April 22, 1986 to
add certain financial limits thereto; amended by Ordinance No. 2608 of the City Council adopted on
November 8, 1994 to add certain plan limits; and amended by Ordinance No. 2734 of the City
Council adopted on June 23, 1998 to add certain plan limits (as amended, "Bayfront/TC I
Redevelopment Plan"); and
WHEREAS, the Bayfront/TC I Redevelopment Plan contains a time limit of January 1, 2004
to incur debt in conjunction with implementation thereof with respect to the original project area, and
a time limit of June 23, 2018 to incur debt with respect to territory added to the Bayfront/TC I
Redevelopment Project Area by Ordinance No. 2734 in 1998, in conformity with the California
Redevelopment Law, California Health and Safety Code Sections 33000, et seq ("CRL"); and
WHEREAS, CRL Section 33333.6(e)(2) was amended by the California legislature in 2001,
effective January I, 2002, to provide that as to redevelopment plans originally adopted pre-January I,
1994 the legislative body of an agency (City Council) may enact an ordinance eliminating the
deadline on incurring indebtedness formerly required by Section 33333.6 of the CRL, and to further
provide that such ordinance may be adopted without compliance with CRL Section 33354.6 or
Article 12 of the CRL, except that the redevelopment agency must make the payments to affected
taxing entities required by CRL Section 33607.7 from the date each constituent plan reaches the
previously existing deadline(s) to incur debt; and
WHEREAS, the enactment of this Ordinance is exempt from the California Environmental
Quality Act (Public Resources Code section 21000 et seq.) ("CEQA") pursuant to CEQA Guidelines
Section l5378(b)(4) (California Code of Regulations Section l5378(b)(4)) because it is a fiscal
DOCSOC\954990v4\24212.0005 ,
-I
activity which does not involve any commitment to any specific project which may result in a
potentially significant physical impact on the environment.
NOW THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
I. The time limits on incurring indebtedness in conjunction with the implementation of
the BayfrontlTC I Redevelopment Plan and therein contained are hereby eliminated; and the
Redevelopment Agency of the City of Chula Vista is hereby authorized to incur indebtedness and
any other obligations with respect to the BayfrontlTC I Redevelopment Plan, and each and any of its
Constituent Plans, in accordance with all remaining provisions of each applicable Constituent Plan
and the Merged Plan, at any time during which the Bayfron/TC I Redevelopment Plan and each and
any applicable Constituent Plan is effective.
2. Except with respect to the amendments set forth herein, the BayfrontlTC I
Redevelopment Plan, as amended and merged, shall remain unchanged, and in full force and effect in
accordance with its terms.
3. The City Clerk is hereby authorized to file a Notice of Exemption with the County of
San Diego pursuant to CEQA Guidelines Section 15094.
4. This Ordinance shall go into effect and be in full force and operation from and after
thirty (30) days after its final passage and adoption. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause this Ordinance to be published as set forth in City Charter
Section 312(b).
Presented by Approved as to form by
\.
,"~
Laurie A. Madigan L-t.-
Community Development Director
DOCSOC\954990v4\24212.0005 .'"
/
__W"__~__
ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ELIMINATING THE
TIME LIMIT ON ESTABLISHMENT OF LOANS,
ADVANCES AND INDEBTEDNESS WITH
RESPECT TO THE REDEVELOPMENT PLAN FOR
THE MERGED REDEVELOPMENT PROJECT
WHEREAS, the City Council ("City Council") of the City of Chula Vista ("City") adopted
Ordinance No. 1827 on August] 5, 1978 establishing the Redevelopment Plan for the Town Center
No. II Project Area, which was amended by Ordinance No. 2207 of the City Council adopted on May
19, 1987 to add certain tax increment provisions; amended by Ordinance No. 2274 of the City
Council adopted on July 19, 1988 to add territory; amended by Ordinance No. 2610 of the City
Council adopted on November 8, ] 994 to add certain plan limits; and last amended by Ordinance No.
2817 of the City Council adopted on August 22, 2000 to merge with other project areas (as amended,
"Town Center II Redevelopment Plan"), which Town Center II Redevelopment Plan contains a time
limit of January I, 2004 within which the Agency may incur debt in conjunction with
implementation thereof with respect to the original project area, and a time limit of July 19, 2008
with respect to the area added to the project area by Ordinance No. 2610; and
WHEREAS, the City adopted Ordinance No. 2059 on December 20, 1983 establishing the
Redevelopment Plan for the Otay Valley Road Redevelopment Project Area, which was amended by
Ordinance No. 2611 ofthe City Council adopted on November 8,1994 to add certain plan limits and
by Ordinance No. 2818 of the City Council adopted on August 22, 2000 to complete a merger of
plans (as amended, "Otay Valley Redevelopment Plan"), which Otay Valley Redevelopment Plan
contains a time limit of January 4, 2004 to incur debt in conjunction with implementation thereof;
and
WHEREAS, the City adopted Ordinance No. 2420 on November 27, 1990 establishing the
Redevelopment Plan for the Southwest Redevelopment Project Area, which was amended pursuant
to Ordinance No. 2467 of the City Council adopted on July 9, 1991 to include additional territory; by
Ordinance No. 2612 of the City Council adopted on November 8, 1994 to add certain plan limits; and
by Ordinance No.28l9, adopted by the City Council of the City on August 22, 2000 to complete
merger of plans (as amended, "Southwest Redevelopment Plan"), which Southwest Redevelopment
Plan contains a time limit of November 27, 2010 to incur debt in conjunction with implementation
thereof; and
WHEREAS, the City adopted Ordinances Nos. 2817, 2818, and 2819 on August 22, 2000
effecting a merger of certain project areas and established the Redevelopment Plan for the Merged
Redevelopment Project ("Merged Plan"), which merged the Town Center II Redevelopment Project
Area, the Otay Valley Road Redevelopment Project Area, and the Southwest Redevelopment Project
Area; and
WHEREAS, the Merged Plan consists of the Town Center II Redevelopment Plan, the Otay
Valley Redevelopment Plan, and the Southwest Redevelopment Plan (each a "Constituent Plan" or
together, "Constituent Plans"); and
WHEREAS, the Constituent Plans each include provisions limiting the time in which the
Redevelopment Agency of the City of Chula may incur indebtedness in conjunction with
DOCSOC\953382v4\24212.0005
-,_._-"._----"._.._..~----_._._.._..-
implementation of such Constituent Plans, in conformity with the California Redevelopment Law,
California Health and Safety Code Sections 33000, et seq. ("CRL"); and
WHEREAS, CRL Section 33333.6(e)(2) was amended by the California legislature in 2001,
effective January I, 2002, to provide that as to redevelopment plans originally adopted pre-January I,
1994 the legislative body of an agency (City Council) may enact an ordinance eliminating the
deadline on incurring indebtedness formerly required by Section 33333.6 of the CRL, and to further
provide that such ordinance may be adopted without compliance with CRL Section 33354.6 or
Article 12 of the CRL, except that the redevelopment agency must make the payments to affected
taxing entities required by CRL Section 33607.7 from the date each constituent plan reaches the
previously existing deadline(s) to incur debt; and
WHEREAS, the enactment of this Ordinance is exempt from the California Environmental
Quality Act (Public Resources Code Section 21000, et seq.) ("CEQA") pursuant to CEQA
Guidelines Section I 5378(b)(4) (California Code of Regulations Section l5378(b)(4)) because it is a
fiscal activity which does not involve any commitment to any specific project which may result in a
potentially significant physical impact on the environment.
NOW THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
1. Each of the individual time limits to incur debt set forth in the Merged Plan and the
implementation thereof, including each of the Constituent Plans and the time limits therein contained,
are hereby eliminated; and the Redevelopment Agency of the City of Chula Vista is hereby
authorized to incur indebtedness and any other obligations with respect to the Merged Plan, and each
and any of its Constituent Plans, in accordance with all remaining provisions of each applicable
Constituent Plan and the Merged Plan, at any time during which each and any applicable Constituent
Plan is effective.
2. Except with respect to the amendments set forth herein, the Merged Plan and the
Constituent Plans shall remain unchanged and in full force and effect in accordance with their terms.
3. The City Clerk is hereby authorized to file a Notice of Exemption with the County of
San Diego pursuant to CEQA Guidelines Section 15094.
4. This Ordinance shall go into effect and be in full force and operation from and after
thirty (30) days after its final passage and adoption. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause this Ordinance to be published as set forth in City Charter
Section 312(b).
Presented by Approved as to form by
\
;Z......
Laurie A. Madigan ~
Community Development Director
DOCSOC\953382v4\24212.0005
PAGE 1, ITEM NO.: /0
MEETING DATE: 01/06/04
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL DESIGNATING A
REDEVELOPMENT SURVEY AREA FOR STUDY PURPOSES PURSUANT
TO PART 1 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND
SAFETY CODE AND AUTHORIZING PREPARATION OF A
PRELIMINARY PLAN
SUBMITTED BY: COMMUNITY DEV~LOPMENT DIRECTO
REVIEWED BY: CITY MANAGER \q
4/5THS VOTE: YES D NO 0
BACKGROUND
The Redevelopment Agency is proposing to add territory to its Town Centre II, Otay Valley and
Southwest redevelopment plans. The first required City Council action in this process is the
designation of 0 "survey area". A survey orea is a study area that encompasses all parcels under
considerotion for the formation of, or expansion to, a redevelopment project area.
Previous survey areas adopted by the City Council for redevelopment purposes had included almost
the entire west half of the City. This proposed survey area is focused on approximately 500 acres of
land, mostly adjacent to the existing project areas, that are of primary ongoing concern to Agency
staff. A map of these properties (identified in pink) is attached to the proposed Resolution for this
item.
City Council adoption of the attached resolution commences the formal process for consideration of
expansion of the existing redevelopment project area boundaries. The next step in the process
would be the preparation of the Preliminary Plan on the proposed amendment for action by the
Planning Commission and Agency Board. The current target completion date for the amendment
process is spring 2004.
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 statutory
exemption pursuant to Section 15262 of the State CEQA Guidelines. Thus, no further environmental
review IS necessary.
Additionally, approval of the resolution is not subject to review under the California Environmental
Quality Act pursuant to Title 14 of the California Code of Regulations including Section 15060 (c)
(2), as the opproval of the resolution will not result in a direct or reasonably foreseeable indirect
J ~ I
PAGE 2, ITEM NO.:
MEETING DATE: 01/06/04
physical change in the environment, and Section 15004 (b) (2) (B), in that adoption of the resolution
does not foreclose alternatives or mitigation measures.
RECOMMENDATION
Staff recommends that the City Council adopt the resolution designating, for study purposes, the
redevelopment Survey Area depicted on the map attached to the resolution, and authorizing
preparation of a preliminary plan that outlines the proposed project area amendment for
Planning Commission and Agency Board consideration.
BOARDS/COMMISSIONS RECOMMENDATION
No action is needed of the Planning Commission at this time. If the resolution is adopted by the
City Council, the next step in the process will be for the Planning Commission and Agency to
consider a proposed Preliminary Plan for the amendment and establish the proposed plan
amendment boundary with added properties from within the designated Survey Area.
DISCUSSION
As a means to address the alleviation of blighting conditions and to expand economic development
tools within older retail and industrial areas in the western of Chula Vista, Agency staff is proposing
adding up to approximately 500 acres of commercial properties into one or more of the
redevelopment projeel areas. Presently, most of the commercially-zoned areas on Broadway are not
in a redevelopment projeel area, as is the Third Avenue corridor south of I Street. Unlike residents in
other parts of the City, western Chula Vista households lack contemporary, viable shopping and
business areas. Some areas contain undesirable and non-produelive mixed land uses.
Redevelopment tools could be employed in these areas to correel these blighting conditions and
revitalize all commercial distriels in the western part of Chula Vista.
To initiate the process to add additional properly to a redevelopment projeel area, the California
Community Redevelopment Law (Health and Safety Code Seelion 33000 et seq.) requires the City
Council to establish a survey area for study purposes. The City's first survey area was adopted in
1973 in conneelion with the formation of the Bayfront and Town Centre I redevelopment projeel
areas. Later, in 1978, this same survey area was used in connection with the formation of the Town
Centre II projeel area. In 1986 the City adopted a new survey area as the precursor to formation of
the Otay Valley projeel area. The last time the City Council estoblished a redevelopment Survey
Area that it aeled upon was in May 1990. This survey area was used in connection with the
formation of the Southwest Redevelopment Project Area. The 1990 survey area generally includes
all properties bounded by the city limits on the north, west, and south; the eastern boundary line
runs along Second Avenue from the north city limit to just north of Main Street, then goes east to
include the residential areas west of Melrose Avenue and Rios Avenue.
""'1,
10<0'--
-- -~.- _.__._--_.__._~_.,_._~.- --"---'-'.--'-
PAGE 3, ITEM NO.:
MEETING DATE: 01/06/04
The proposed Survey Area presented with this item includes approximately 500 acres of property
mostly adjacent to and near the existing Town Center II, Otay Valley and Southwest Redevelopment
Project Areas. Most of these properties were also included within the 1990 survey area. One
property in this survey areo that was not in the 1990 survey area is the Lower Sweetwater Valley
property (southwest of Highwoy 54/lnterstate 805 interchange), as shown in the attached map. One
site that had been cansidered for inclusion in this survey area, but has now been omitted, is the
property commonly known as the "West Fairfield" site. This property is actually located in the City
of San Diego at the southwest corner of the City of Chula Vista. Staff has determined that the
complications related to the addition of this property outweigh the benefits of its inclusion.
The inclusion of these properties into a new Survey Area will allow Agency staff to conduct the
necessary focused study in order to determine if their addition to the existing project areas is feosible
and appropriate. In addition to expanding the project areas, Agency staff is planning on proposing
other changes to the redevelopment plans as a part of the amendment process. These technical
changes and the proposed project area boundaries would be identified in a preliminary plan, which
would be subsequently considered by the Planning Commission and Redevelopment Agency board if
the City Council approves the new survey area.
As you may recall, a combined Redevelopment Plan Amendment Process was begun in summer
of 2002 involving all of the City's project areas. As a result of the decision to withdraw the
Bayfront/T own Centre I amendment and the West Fairfield property, City/Agency staff
determined that it would be better to terminate the combined amendment process. Staff is
commencing a new amendment process to add territory to the Town Centre II, Otay Valley and
Southwest redevelopment area which was adopted in 1990. The proposed designation of the
new survey area presented by this report is the first step in this new plan amendment process.
FISCAL IMPACT
No fiscal impact will result from the adoption of tonight's resolution by the City Council. A
contract with the firm of Rosenow & Spevacek Group and funding for the project was approved
by the Redevelopment Agency in July of 2001.
J:\Attorney\GLEN\Agendo Items\Redevelopment Survey Area Expansion Report.doc [12/23/2003 3:55 PM]
/(/-:3
RESOLUTION NO. 2003-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DESIGNATING REDEVELOPMENT SURVEY
AREA FOR STUDY PURPOSES PURSUANT TO PART I OF
DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY
CODE AND AUTHORIZING PREP ARA TION OF A
PRELIMINAR Y PLAN
WHEREAS, the City Council of thc City of Chula Vista ("City Council") desires that a
ccrtain area be studied to detennine if formation of a redevelopment project area or project areas,
or amendment area or amendment areas are feasible, pursuant to Part 1 of Division 24 of the
California Health and Safety Code; and
WHEREAS, the City Council has previously adopted survey areas with respect to its
existing redevelopment project areas as follows:
City Council Resolution No. 7060 adopted on October 30, 1973 (used for Bayfront and
Town Centre I fonnation); City Council Resolution No. 404, adopted on January 13,
1982 (used for Otay Valley Road formation); and City Council Resolution No. 1563,
adopted on May 22, 1990 (used for Southwest formation).
WHEREAS, the City Council desires to designate a new survey area that includes the
properties depicted (in pink) on the map attached herewith as Exhibit A; and
WHEREAS, Section 33310 of the Health and Safety Code authorizes the City Council to
designate redevelopment survey areas; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has detennined that the
project qualifies for a statutory exemption pursuant to Section 15262 of the State CEQA
Guidelines. Thus, no further environmental review is necessary; and
WHEREAS, approval of the resolution is not subject to review under the California
Environmental Quality Act pursuant to Title 14 of the California Code of Regulations including
Section 15060 (c) (2), as the approval of the resolution will not result in a direct or reasonably
foreseeable indirect physical change in the environment, and Section 15004 (b) (2) (B), in that
adoption of the resolution does not foreclose alternatives or mitigation measures.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby:
1. Finds the Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has detennined that the project
qualifies for a statutory exemption pursuant to Section 15262 of the State CEQA Guidelines.
Thus, no further environmental review is necessary.
2. Also, detennines that approval of the resolution is not subject to review under the
California Environmcntal Quality Act pursuant to Title 14 of the California Code of Regulations
including Scction 15060 (c) (2), as the approval of the resolution will not result in a direct or
/O~L/
Resolution 2002-267
Page 2
reasonably foreseeable indirect physical change in the environment, and Section 15004 (b) (2)
(B), in that adoption of the resolution does not foreclose alternatives or mitigation measures.
3. Designates the Redevelopment Survey Area as described on Exhibit A attached herewith,
and finds that said Redevelopment Survey Area requires study to determine if an amendment
area or amendment areas, are feasible.
4. Authorizes and directs Agency staff and the Planning Commission to select a feasible
proposed redevelopment project amendment area or amendment areas, from within the
Redevelopment Survey Area and prepare a preliminary plan pursuant to Section 33322 of the
California Health and Safety Code.
Presented by Approved as to form by
<?
Laurie A. Madigan ~Mm1rlfeM
A Moore
Community Development Director CIty Attorney
J:\COMMDEV\RESOS\Ol-06-04\('ollncil Reso - Expansion of Redevelopment Survey Area.doc
10,,6
-,--_._.~_....-_.~.---
~ ~-
---- -
n_w
~\
---
---J
(
"
\\
\
I \
'----
I
- --
--
--~
_._~ -----------;
--.--- - ----, .. - l
"--- .-------, I
r---
----....- -- ------ I
/
-~-~
- ---,
Merged Chula Vista Redevelopment Project Area N -
+ ,;:.? .'
Survey Area Map /0 ~.(p CHULA VISTA. REDEVELOPMENT AGENCY
U dated: Dee 19. 2003
CITY COUNCIL AGENDA STATEMENT
Item: 1L
Meeting Date: 1/06/2004
ITEM TITLE: PUBLIC HEARING: Consideration of a modification to Ordinance
Number 2944 pursuant to Section 19.14.577 of the Chula Vista Municipal
Code.
Ordinance: ModifYing Ordinance Number 2944, which approved a Precise
Plan for a mixed-use residential and retail development at 825 Broadway
within the Southwest Redevelopment Area.
SUBMITTED BY: Direct", of P',";:" "'" ""iJd~
REVIEWED BY: City Manager(/~~9~ (4/5ths Vote: Yes _No X)
The city is bringing forward a modification of Ordinance Number 2944 (adopted December 9,2003),
which approves a Precise Plan for a residential (senior housing)/retail mixed-use project at the
northeast comer of Broadway and Sierra Way (see Locator). The modification is to considerrevising
the site plan in order to incorporate vehicular access along Broadway without precluding the use of
the previously approved access ftom the northerly adjacent school access easement (see Figure I).
The reason for the proposed Ordinance modification at this time is to allow for further input ftom the
surrounding neighborhood.
ENVIRONMENTAL IMPACT:
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the proposed project was adequately
covered in the previously adopted Negative Declaration IS-03-008, and finds that no further
environmental action is necessary.
RECOMMENDATION:
Staff recommends that the City Council, conduct a public hearing and after hearing staff's and
applicant's presentation, and public testimony approve or deny the Precise Plan vehicular access
modification as deemed appropriate.
BACKGROUND:
On December 9, 2003, the City Council conducted a public hearing to clarify their previous action
on a Rezone and Precise Plan for a one-acre parcel at 825 Broadway. Staff presented two options for
Council consideration. The first option was to place the original ordinances, approving the project
with access via the school access easement, as originally proposed by the applicant (see Figure 2).
The second option was to consider adopting new ordinances, approving the project with access along
Broadway, as then recommended by staff (see Figure I).
II-I
Page 2, Item: II
Meeting Date: 1/06/04
The City Council, after hearing staff s and applicant's presentation, chose the first option, approving
the precise plan for a residential (senior housing)/retail mixed-use project, and approved and adopted
the ordinances second reading.
After the Council hearing, an area resident contacted staff and indicated that she had not been
notified of the public hearing, and that she would have liked to express her opinion about the
project, and more specifically about the project's vehicular access. Staff reviewed the file and
found that notices in the newspaper were published as required by state law and City's noticing
requirements. However, public hearing notices to individual property owners were not mailed, as
we had done for previous meetings.
In light of this oversight and in order to allow area residents the opportunity to comment on the
project, the City is requesting that the City Council conduct a public hearing to considerrevising the
previously adopted Ordinance Number 2944 (see Attachment 2). The modification would consider
incorporating vehicular access along Broadway for the Project.
DISCUSSIONI ANALYSIS:
At the December 9, 2003 City Council meeting staff, indicated that access along Broadway might be
desirable to address vehicle stacking along the school access easement, which block the access to the
future project parking facility for a period of about 1/2 hour in the morning and 1/2hour in the
afternoon.
Staff also indicated that the incorporation of an access driveway along Broadway would result in a
net loss of two on-site parking spaces and removal ofa 558 sq. ft. kiosk featured at the northwest
corner ofthe project site (see Figure 1). The total number of required parking for the commercial and
residential components remain the same (one space per dwelling unit and 1 space for each 200sq.ft.
ofretail floor area). The difference is that instead of three extra parking spaces, the project would
have only one on-site extra space.
At the December 9,2003 meeting, the applicant stated that the architect had worked very hard to
design a pedestrian oriented project, and that the introduction of a driveway right in the middle ofthe
project rront fayade was detrimental to the concept. The applicant added that the building fayade is
not limited to the three-story building. Instead, the project fayade is a combination of the parking-
screening wall, a kiosk at the northeast corner ofthe site and the main building (see Figure 3). The
City Council concurred with the applicant's concern about the building fayade and the pedestrian
flow being interrupted by the proposed Broadway access driveway and therefore approved the
project by unanimous vote.
CONCLUSION:
Staff recommends that the City Council, conduct a public hearing and after hearing staff and
applicant's presentation, and public testimony approve or deny the Precise Plan vehicular access
modification as deemed appropriate.
II~~
Page 3, Item: I I
Meeting Date: 1/06/04
FISCAL IMPACT:
The applicant has paid for all cost associated with the processing of this application.
ATTACHMENTS:
1. Figures:
Figure 1, Staff Recommended Site Plan- Access from Broadway
Figure 2, Applicant's Proposed Site Plan- Access from School Easement
Figure 3, Project Architecture
2. Ordinance Number 2944
3. Ownership Disclosure Statement
J:\Planning\luis\MAAC\Agenda Stament Jan 6, 03
11-3
1 - - ----
i t5:=
i
I
I
!
,
,
STAR
PARK
APARTMENTS
--.
C HULA VISTA PLANNING AND BUILDING DEPART MENT
LOCATOR PROJECT PROJECT DESCRIPnoN:
C9 APPUCANT: MAAC PROJECT , MISCELLANEOUS
PROJECT Request Proposal for a Precise Plan for a mixed use
ADDREss: 825-841 BROADWAY project consisting of 2.220 square feet units for senior
S~ F1LENUldBER: citizens. .
NORTH No Scale P~3-21 Related Case(s): SUPS-Q3-05
j:lhomelplanning\Chenylcllocalorslpcm0321.cdr 01.22.03 ;
-. ._-,.,~._-~_.- -- .----.. -_..._~~-
/lP~
~ --~,-----",---'---'---' ...~._--_.. >-~'.. ..-.----. -.- - ---,-----
>
....I
....I Z
or. c(Q 0
t!)Z II)
Z~ I;)Z II)
~~ w
....::::) u
~...Z >0 u
.. or
~~O 5~ .... >
NO~ ~ <C
Wll..:s ::::)>- ~ ;:
>Ifi:::l :c5 ~ ~
OUu
::Eor~ UI:L, 1.-'0
wQ.... - ~
~II)U ~ a:I
I I
I I
i I fIr ~rr-Il1-'--1-------~-------
I I -,- ~u, r~! :~, ,;, t J,- -~t:) - - - ~m_ ------------------1
I r '
~I III!! ,
'au I~. jJ\ ~4,} TOTAL CARS ,~_ _ I >-
:1: ,11 ~~ 'H+~ '~ ~ -c- = c(
~
I I "I -- <' , ~ '" ~
I III I I I ';"
CI) I' 151 I. j
e:J1 : 'I ..... ~)J ) ~111 a::
I U I - ... ?~ ILl
1<1: \. Em I ~
...!~.... ~" ? \ i II)
I g 3 ~ I !
'o'll ' . .~. .
I III ,
. I .
I,.~ _
I I ______
I ,
, At/Mat/OMS
, '\.
- ~
Z
0
(.!III) I:J U ~~
Z ... 111::::1
II) zlI) II.
!2 ...z I!!~
.....I~ ...W ~~
11......1 ~u ex: z...
. or or ~u f ...u
II)tnQ. <c<C "'::5 (:ju
co II) ...
Q.~ ... 8:::1 aulL:
InZt!) 1"'10 5 :cU a'"
In...z wll.. u~ III:~
~alS~ >lfiw UlU A..... C~
o~~ ou> ~ I~
::ElI)or ::EorQ!
wOQ. WQ. ~ Z
~!;21"'1 !l::II)Q ~
.
FIGURE 1
1/*5
-----------.----.-_.. -.----"...."-.-.. --"", ..-.. "- --_..-".
In
In
III
U
U
cO <C
!III::
t;Z ::5
....::::>> :::)
>~ u
...
::t:
:5~ III
.. >
~:5 Ne
~III
Uo. ~In
~2
~~
~D.
It
I I
I I ! I I
I I I
I I 2~j ~&I ~,
I I PROPOSED PARKIN
!ril
..
!il
'"
;31
!al
..
!;!I
~I
~I _ ..1
&!I .!,~. L 1.1.
I Ii: ! I
I
I
I
I '"..................
t AVMOV01l8 z
0
1:1 V !~
z I;::
~ ...z ~:i!
~g z...
~ "'V
.... ....::5 tu
~ ~~ wI;::
~~
a: &:0 11.1- e=
~ I~ i !;;;
~ 0
Z
I
FIGURE 2
I
"'_' .'L,. _, "".< ,,,,,''''''..0 .,,~ ='-", >c ",,, 'V."" 'j~ 'j;..:, ,;,,;,1; ))ill ;;_j ~ 'H :-. fJ \~:~rn.'( t i!(;\]lfj I1'11Jj ffl:)OO Je f ij9. ''M ~1)!..1l,:; ;,oo,;~1U'<'- or>?> """ ~'",,_..., .,~
,..- ''';:......''...'''.'"....'' .. .,..... ";','~1'" """,,"". ."'''''"'..,.,-,...'',~,..m~,'',,''..,''''''''J;~,~~ \ oq"',
. _._.~
Z -M'
Ou-; ~I:"j ~ \"
~~:. .
LnLJ:t :::~<- > U
~ =;:c eo: tf)
+ 0 ~~. .",-.U
. :J:;::!:'LU
C;:j~ < !'i .... ~
=>< :' zO ::~; ~
<,;> ; g,j 1>.:1 ~': E:: .... ~
~Z.._ V>._,,,-cl
OlJ ".1. <6~~f:i 0.. Ii I
If) '-'~ ~ ~,',w
00:= . ~ .;"'~' c.:::!
Co:: -, ~ .oj' C)
"-:.~ i Z
liP CI iW
<~ . U~ ,,~: 0::
. 'j .....
>-
-<
~
-<
""'
""'
LW
Vi
0
Z
-<
>-
-<
~
0
-<
0
""'
CO
w..
0
""'
LW
Z
""'
0
U
I-
-<
~
LW
>
LW
>
i=
U
LW
c..
<f1
""'
LW
c..
FIGURE 3
SECOND READING AND ADOPTION
ORDINANCE NO. 2. Cl44
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING PRECISE PLAN (pCM-03-21)
FOR A MIXED-USE RESIDENTIAL AND RETAIL
DEVELOPMENT LOCATED AT &25 BROADWAY WITHIN
THE SOUTHWEST REDEVELOPMENT PROJECT AREA.
I. RECITALS
A. Project Site
WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically
represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of
general description herein consists WHEREAS, the City Council held an advertised public
hearing on the Project on June 10, 2003, at 6:00 p.m. in the Council Chambers at 276 Fourth
Avenue and, after hearing staff presentation and public testimony, the Council voted 5-0 to table
the item to a date uncertain to address several concerns that were raised at the hearing; and, of 1-
acre located at 825 Broadway ("Project Site"); and,
B. Project; Applications for Discretionary Approval
WHEREAS, on January 10, 2003, a Precise Plan application was filed by the
Metropolitan Area Advisory Committee (MAAC) ("Developer") with the Planning and Building
Department of the City of Chula Vista requesting a Precise Plan to develop a mixed-use project
that includes 41 residential apartments for senior citizens above 2,219 square feet of
retail/commercial space, a manager's unit and reductions in setbacks, parking and open space
requirements ("Project"); and,
C. Prior Discretionary Approvals
WHEREAS, the Design Review Committee held an advertised public hearing on the
Project on April 21, 2003, at 4:30 p.m. in the Council Chambers at 276 Fourth Avenue and, after
hearing staff presentation and public testimony, voted 3-0 to recommend that the City Council
approve the Project, in accordance with the findings listed below; and
D. Planning Commission Record on Applications
WHEREAS, the Planning Department set the time and place for a hearing on said Project,
and notice of said hearing, together with its purpose, was given by its publication in a newspaper
of general circulation in the City, and its mailing to property owners within 500 feet of the
exterior boundary of the project, at least ten (10) days prior to the hearing; and,
WHEREAS, the Planning Conunission held an advertised public hearing on the Project
on May 14,2003, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing
staff presentation and public testimony, voted 4-0 to reconunend that the City Council approve
the Project, in accordance with the findings listed below; and,
F ;I
(l( ,'!'1 ~ ATTACHMENT 2
-_. '" ._..~ II~~ .__,_,_._v_._____.,_
Ordinance
Page 2
WHEREAS, The proceedings and all evidence introduced before the Planning
Commission at the public hearing on this project held on May 14, 2003, and the minutes and
resolution resulting therefrom, are hereby incOlporated into the record of this proceedings; and,
D. City Council Record on Applications
WHEREAS, the City Council held an advertised public hearing on the Project on June
10,2003, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff
presentation and public testimony, the Council voted 5-0 to table the item to a date uncertain to
address several concerns that were raised at the hearing; and,
WHEREAS, the City Clerk set the time and place for the hearing on the Project
applications and notices of said hearings, together with its purposes given by its publication in a
newspaper of general circulation in the city, and its mailing to property owners within 1,000 feet
of the exterior boundaries of the Project site at least ten (10) days prior to the hearing; and,
F. Discretionary Approval and Ordinance
WHEREAS, a duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on the Project and to receive the recommendations of the
Planning Commission, and to hear public testimony with regard to the same; and,
II The City Council ofthe City Chula Vista does hereby ordain as follows:
A. Certification of Compliance with CEQA
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act and has determined that the proposed project was
adequately covered in previously adopted Negative Declaration IS-03-008. The City Council
has reviewed and considered Negative Declaration IS-03-008 and [mds that no further
environmental review or documentation is necessary.
B. Independent Judgment of City Council
The City Council has exercised their independent review and judgment and concurs with the
Environmental Review Coordinator's determination that the proposed project was adequately
covered in Negative Declaration IS-03-008, and that said document was prepared in accordance
with requirements of the California Environmental Quality Act (CEQA), the State CEQA
Guidelines and the Environmental Review Procedures ofthe City ofChula Vista.
C. PRECISE PLAN FINDINGS
1. That such use will not under the circumstances of the particular case be detrimental to the
health, safety or general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
,,llr
/
'(
11- ~
--------_._~---->-_._.-
Ordinance
Page 3
The mixed-use project will introduce new retail and commercial uses and affordable rental units
for senior citizens who will have the opportunity to experience a unique living environment by
implementing property development standards. Additionally, the project will assist in
implementing a "Generations Together" program that brings together senior citizens and the
youth who attend the Chula Vista Charter School adjacent to the project site to participate in a
variety of character building programs. The project will not negatively impact the area because a
new traffic contro] system has been implemented alleviating the existing traffic congestion in the
area. The project will new introduce retail and residences into an area where these uses currently
exist. The project has been designed to function adequately on the I-acre site and is not out of
scale with the surrounding area. The project also provides a transition ftom retail commercial
along Broadway to the residential uses toward the east, which is an appropriate function of a
mixed-use project.
2. That such plan satisfies the principle for application of the "P" modifying district as set
forth in CYMC 19.56.041.
,
Section 19.56.04I(B) provides for the application of the "P" modifying district if the property or
area is an area adj acent and contiguous to a zone allowing different land uses, and the
development of a precise plan will allow the area so designated to coexist between land usages
which might otherwise prove incompatible.
The project site is located on Broadway and is adjacent and contiguous to the C- T (Thoroughfare
Commercial) zone, which allows various commercial and retail uses. Additionally, residential
uses are nearby to the southeast and northeast. The project will introduce retail and residential
uses that coexist allowing compatibility within the context of the existing land uses.
3. That any exceptions granted which may deviate ftom the underlying zoning requirements
shall be warranted only when necessary to meet the purpose and application of the
Precise Plan.
Development of the lot using the development standards of the C-C and R-3 zone would limit the
potential to maximize the use of the site with a mixed-use project. As a result, the project has
been designed with a high-density residential concept and zero lot line for the retail uses with
building encroachments into the required setbacks and the reduction in number of on-site parking
spaces. These deviations are warranted given the constraints to the site and the intent to
maximize the use of the property to meet other policies of the General Plan.
Parking: The project has been analyzed within an urban context, in which parking on the public
street is typical for retail and commercial uses having frontage along the public right-of-way.
Parking along Broadway is typical for the existing retail uses; therefore parking for the retail
portion of the project will be consistent with the existing retail uses along Broadway. The
CVMC requires the project to provide 74 spaces (63 for residential parking and 11 for retail).
The project is subject to on-site requirements including trash enclosures and open space, which
limits the developer's ability to meet the on-site parking requirement.
. ~ .....-. II~ 10 . ~._ ....__. _....___. ..____w__________.
"-,,-,-",,,-'~-"'. -_.__.._-"~---_._-'- .-.'---...-... .-'-"..--"-' .-.-.-
Ordinance
Page 4
The project will provide a total of 45 on-site parking spaces and will use a parking ratio of 1: 1
for the 42 residential units providing a designated parlcing space for each unit. The remaining
three spaces would be available for retail parking. The project's retail space is approximately
2,200 square feet of floor area, which limits the number retail uses up to two small stores and the
parking space demand. The project has sufficient frontage along Broadway to provide for
parking spaces for the retail uses, which has a 2-hour parking limit, which will provide adequate
parking for the retail uses. Furthermore, public transit is available within a reasonable distance
that services the site, and operates in IS-minute intervals.
Setback reductions: The project site is currently zoned Thoroughfare Commercial, Precise Plan
(C-T-P) and is subject setback lO-foot front setback. However, the project's rezone trom C-T-P
to Central Commercial, Precise Plan (C-C-P) (Ordinance ---.J requires a 25-foot front setback
for the project. The project will have a 6-foot front setback from the public sidewalk, and will
have balconies at the second and third floors that project into the setback. Other retail and
commercial uses along Broadway maintain zero or minimal tront setbacks, which is typical for
commercial wnes within an urban context. The proposed 6-foot setback is consistent other retail
and commercial ftont setbacks, and will not impact the public right-of-way. Included in this
report is a cross section of the building as viewed from the public right-of-way.
On-site open space: The CVMC requires the project's residential component to provide 400
square feet of common open space per unit. In this case the 42 units would be required to
provide 16,800 square feet of on-site open space. The project will provide approximately 6,100
square feet of on-site open space, which includes a large courtyard, a community room, lounge
areas, a library and a recreation room. The project is immediately adjacent to the Charter
School's recreation field, which the residence will have access to as provided in a written
agreement between the Chula Vista Elementary School District and MAAC. Staff believes that
this will provide adequate and accessible open space for the project residents in addition to the
on-site open space.
4. The approval of the Precise Plan will conform to the General Plan and the adopted
policies of the City OfChula Vista.
The project has been evaluated in accordance with the goals and objectives of Chapter 10
Section 5.9 of the General Plan relative to mixed-use development along Broadway. The Precise
Plan, as described, will allow the project to be consistent with the goals and objectives of the
General Plan, Southwest Revedevelopment Area Plan and the Chula Vista Municipal Code.
D. TERMS OF GRANT OF THE PRECISE PLAN
The City Council hereby grants the Precise Plan (PCM-03-21) and Property Development
Standards subject to the following conditions:
('1/
!I-/I
- ".- ---..- .~'--",,-~_.-.,,--_. ------,- -.-.-...--..-.'"' ------~--~-----
Ordinance
Page 5
Planning and Building Department
1. The Developer shall incorporate the approved materials and colors for all buildings in
accordance with the materials and color board submitted on January 13, 2003, which
include an exterior stucco finish for the wall and buildings.
2. The Developer shall comply with aU requirements of the Building Division including the
following codes for 2001:
. California Buildfug Code
. California Plumbing Code
. California Mechanical Code
. California Electrical Code
. Energy Code
. Handicap Accessibility Requirements
3. The Developer shall submit a concept landscape plan for review and approval by the
City's Landscape Planner to include the following to satisfy the City requirements:
A. Show an enhanced accented landscape treatment for-entrances.
B. Provide raised planters at the comer and the overall Broadway elevation.
C. Provide canopy trees at the sidewalk along Broadway.
D. Provide planter cutouts within the on-sire parking lot.
E. Show all downspouts connected to the sewer and not across driveways or
planter areas.
F. Provide an irrigation or water source design for all raised planters.
G. Enhance the paving in the courtyard.
H. Provide a Water Management Plan per requirements of the City Landscape
Manual during building permit submittal.
I. Encourage the use of street furniture as appropriate with the type of retail use.
4. The Developer shall apply for and obtain approval of a planned sign program from the
Director of Planning and Building prior to the issuance of any grading or building
permits.
5. The Developer shall provide drop-off zones and waiting areas with appropriate seating
and overhead shelters. These should be located as close as possible near the primary
entrances.
6. The Developer shall provide a raised wood planter. The dimensions shall conform to the
ADA planter standards for individuals with reach limitations and mobility aids.
7. The Developer shall submit written restrictions for hours of operation for the tenants of
the retail/commercial uses to the Director of Planning for review and approval. The
hours of operation shall be such that there is no conflict With the residential units.
(
, '
.(
.. _'_n ..~_ -- '.~. .-,---.....,--.-----. -.
11-1 ~
.. .----".-.--.------- -....--- -------- --------
Ordinance
Page 6
Engineering Department
8. The Developer shall ensure that the development of the project complies with all
applicable regulations established by the United States Environmental Protection Agency
(USEP A) as set forth in the National Pollutant Discharge Elimination System (NPDES)
permit requirements for urban runoff and storm water discharge, and any regulations
adopted by the City of Chula Vista pursuant to the NPDES regulations and requirements.
The Applicant shall file a Notice of Intent (NOl) with the State Water Resources Control
Board to obtain coverage under the NPDES General Permit of Storm Water Discharges
Associated with Constniction Activity and shall implement a Storm Water Pollution
Prevention (SWPPP) concurrent with the commencement of grading activities. The
SWPPP shall include both construction and post-construction pollution prevention and
pollution control measures, and shall identify funding mechanisms for post-construction
control measures.
9. The Developer shall obtain a grading permit in accordance with the Subdivision Manual
and Grading Ordinance prior to the issuance of any building permits.
10. The Developer shall complete the applicable forms and comply with the City of Chula
Vista's Storm Water Management Standards Requirements Manual.
II. The Developer shall implement Best Management Practices (BMPs) to prevent the
pollution of storm water conveyance systems, both during and after construction.
Permanent storm water requirements shall be incorporated into the project design, and
shall be shown on the plans. Any construction and non-structural BMPs requirements
that cannot be shown graphically must be either noted or stapled on the plans.
12. The City of Chula Vista requires that all new development and significant redevelopment
projects comply with the requirements of the NPDES Municipal Permit, Order No. 2001-
01. According to said Permit, all projects falling under the Priority Development Project
Categories are required to comply with the Standard Urban Storm Water Mitigation
Plans (SUSMP) and Numeric Sizing Criteria.
13. Water quality and watershed protection principals shall be incorporated into the design of
the project. Such measures shall minimize the discharge of pollutants into the storm
drainage systems.
Fire Department
14. All buildings shall be fully fire sprinkled (NFP A13). The Developer shall install a
standpipe system, fire extinguishers, on site fire hydrant, Knox boxes, a Knox override
gate key switch and an optical gate opening system. The building shall have roof access.
Sweetwater Authority
15. Prior to the issuance of building permits, the Developer shall obtain a letter from the
Chula Vita Fire Department stating fire flow requirements and submit the letter to the
Sweetwater Authority for review. .
f
,t ,.
/1-/3
Ordinance
Page 7
Chula Vista Elementary School District
16. The Developer shall pay the appropriate school fees prior to the issuance of building
permits.
Special Operations
17_ The Developer shall develop and implement an integrated solid waste and recycling plan
acceptable to the Special , Operations Manager. The plan shall be designed to divert at
least 50 percent of the waste stream generated by the project through participation in the
City's residential recycling, yard waste, bulky pick up and household hazardous waste
programs outlined in Sections 8.24 and 8.25 of the Chula Vista Municipal Code and the
California Integrated Waste Management Act of 1989.
Standard Conditions
18. Any violations of the terms and conditions of this permit shall be ground for revocation
or modification development permits.
19. All development permits shall become void and ineffective if not utilized within one year
ftom the effective date thereof, in accordance with Section 19.14.260 of the Municipal
Code. Failure to comply with any conditions of approval shalJ cause this penn it to be
reviewed by the City for additional conditions or revocation.
20. Any deviation from the above noted conditions of approval shall require approval from
the City Council.
21. The Developer shall and does hereby agree to indemnify, protect, defend and hold
harmless City, its Council members, officers, employees and representatives, ftom and
against any and all liabilities, losses, damages, demands, claims and costs, including
court costs and attorney's fess (collectively, liabilities) incurred by the City arising,
directly or indirectly, ftorn (a) City's approval of the Precise Plan, (b) City's approval or
issuance of any other permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated herein, and (c) Developer's installation and
operation of a facility permitted hereby, including, without limitation, ant and all
liabilities arising from the emission by the facility of electromagnetic fields or other
energy waves or emissions. Developer shall acknowledge their agreement to this
provision by executing a copy of the Precise Plan where indicated below. Developer
compliance with this provision is an express condition of the Precise Plan and this
provision shall be binding on any and all of Developer'sloperator's successors and
assigns.
22_ The site shall be developed and maintained in accordance with the final approved plans
which will include revised site plans, architectural elevations, exterior materials and color
board, and landscape plans on file in the Planning Division, the conditions contained
herein, and the Chula Vista General Plan.
(J
_.- .. ..,...- . .__.._._-.,.~-----_._--- ---
11'11-
Ordinance
Page 8
23. Approval of this request shall not waive compliance with all sections of Title 19 of the
Municipal Code, and all other applicable City Ordinances in effect at the time ofbuilding
permit issuance.
24. This Precise Plan shall be subject to any and all new, modified or deleted conditions
imposed after approval to advance a legitimate governmental interest related to health,
safety or welfare which the City shall impose after advance written notice to the
Permittee and after the City has given to the Permittee the right to be heard with regard
thereto. However, the City, in exercising this reserved right/condition, may not impose a
substantial expense or deprive the Permittee of a substantial revenue source which the
Permittee cannot, in the normal operation of the use permitted, be expected to
economically recover.
25. The Developer shall be responsible for the building and landscaping maintenance in
accordance with the approved project and landscape plans unless the Director of
Planning and Building approves modifications.
E. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Developer shall execute this document by signing the lines provided below, said
execution indicating that the Developer and property owner have each read, understood
and agreed to the conditions contained herein. Upon execution, this document shall be
recorded with the County Clerk of the County of San Diego, at the sole expense of the
Developer and/or property owner, and a signed, stamped copy returned to the City Clerk
and Planning Department. Failure to return a signed and stamped copy of this recorded
document within ten days of recordation to the City Clerk shall indicate the property
owner/applicant's desire that the project, and the corresponding application for building
permits and/or a business license, be held in abeyance without approval. Said document
will also be on file in the City Clerk' Office and known as Document No.
Signature of Property Owner Date
of 825 Broadway
.
Signature of Representative Date
F. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent
upon the enforceability of each and every term, provision and condition herein stated; and
that in the event that anyone or more terms, provisions or conditions are determ.ined by a
,
(II
11#
Ordinance
Page 9
Court of competent jurisdiction to be invalid, illegal or unenforceable, this ordinance and
the Precise Plan shall be deemed to be automatically revoked and of no further force and
effect ab initio.
III. APPROVAL OF PRECISE PLAN
The City Council does hereby approve the Precise Plan including Property Development
Standards for the Project as represented in Exhibit "B".
1111. EFFECTIVE DATE
This Ordinance shall take effect and be in fun force on the thirtieth day ITom and after its
adoption.
Presented by Approved as to form by
11m Sandoval ~+/W?
Acting Planning and Building Director
"
'-'
.' -- . -. ---.__.----------. --..---.. -----
i! -!~
M.~___.____...,.~.._,...____.,.__._.____m_ ______..__,._ _ _.. ..~_
"
Exhibit "A"
I .""
- L
. ~ "'" ~------_.
I J
. -----
I ,
li~.
. ---- ---+------
------ ----'I . " i~
----
,r-- ....-0" ::1"'1'-0" ~
I 2Q\.~ 2-4..... .
.
. ro;.;; 4
.
, ~ .
. t ~ q
. .
, ~ ~ . . ~ -.
~ . ~ 11
. ~
· ~ t ~ ~ 0 ij
"... \I t 0 q:
~ \II v> .., .
-1~~~ ~~~. 4
.
wl~~. ~~~ It _
. .
- ~ ~ l .. .
miH~ $ _-----c-.~C'>" q "
.
-- it: .. ~
'I~~~ r~ ~ ----. .
___ _~_.I ~ ~ r I!! 3 \ . ; q
----<:
- .
q
~ .
(q ,
w .
.c ~A
---'" .
--
~ ..1 ~ ~,;::
)-# r' -...
" ~(J en C \J I
r, !T1 _: '"
~ l~("~Q:!~~ i
~ ~ m -;
mo
. :z
~>
~
+-
t i t
~~ ' 4 ~
-!. I
+ : ~
. I -
I
I
I ~
I ~
I
I K,~'.
~o
I !~~
Uiw ~--
"
~, ------------------ -
------
. '<...
VVAV , , ~:' ,__-' _~
~ - ---
-, - .:J...."1 ,
~- , I
., - --- ---- ---- --~
__._._w......,
---
,
, :""-"
.--.'..
EXHIBIT B
MAAC Precise Plan Guidelines
Property Development Standards for Commercial/residential Mixed-use projects:
1. Building Setbacks:
a) Building Setbacks:
Front: 5*
Side: 0
Rear: 0
Ext Side 5*
* Architectural Projections, such as open balconies, bay windows,
storefront canopies, etc. may encroach within the 5.[00t building
setback with Design Review approval.
2. Parking:
a) Commercial
The number of required parking spaces shall be per Municipal Code
Section 19.62.050. However, on-street parking, up to 100 percent of
the required parking, is allowed on Project site street frontage only.
On- street parking stalls shall be 9 feet wide by 20 feet long.
a) Residential
Senior Housing: One space per unit, including caretaker unit
Multi-family development, per Municipal Code Section 19.62.050.
4. Building Height:
a) Three stories or 45 feet. whichever is less.
5. Open Space:
a) Senior Housing Projects may have reduced open space with approval of
the Precise Plan.
b) Required private patio areas may also be reduced for senior citizen
housing projects with approvalofPrecise Plan.
c) For standard multifamily projects, private and common usable open space
shall be provided as prescribed in SectionI9.28.090 of the Municipal Code
and City Of Chula Vista Design Manual.
6. The Zoning Administrator may approve subsequent modifications to the Precise
Plan by using the Design Review process.
11- / '6
I J
Appendix 8
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests, payments,
or campaign contributions, on all matters which will require discretionary action on the part of the City
Council, Planning Comr:nission, and all other official bodies. The following information must be disclosed:
1. List the names of all persons having financial interest in the property which is the subject of the
application or the contract, e.g., owner applicant, contractor, subcontractor, material supplier.
Mprrnpnl; r:=ln An:":=! A...hri c::nry rnmm; t-t-QQ SEE ATTACHED LIST
(MAAC Proi ect) FXF:nl'rTlIJi: MANAr.FR~ I'.
BOARD OF DIRECTORS
2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals owning more than 10% of the shares in the corporation or owning any partnership interest
in the partnership.
N/A
3. If any person" identified pursuant to (1) above is non-profit organization or a trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
''''me> ::1<::: (1) ::11-.nup
4. Have you had more than $250 worth of business transacted with any member of the City staff,
Boards, Commissions, Committees, and Council within the past twelve months? Yes _ No ~
If yes, please indicate person(s):
5. Please identify each and every person, including any agents, employees, consultants, or
independent contractors who you have assigned to represent you before the City in this matter.
r::1rlnc:: Rn~r;g11P7 Arrhirprt
T::!n T ;l1lfik. Development Director
Lee Bates, Project Manager
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a
Council member in the current or preceding election period? Yes _ No.1QL If yes, state which
Councilmember(s):
(NOTE: ATTACH ADDITIONAL "=~~.
Date: / / 3/03 A.-
I I Signature f c tractorlapplicant
Mitchell Thompson
A TT A CHMENT 3 Print or type name of contractor/applicant
"Person is defined as: "Any individuol.firm. crrparrnership.joint venture. isL:ti~n~OCiO! ciub.Jreaternal organization. corporation.
r:>on,,,, TI'"?f'f:' ,.",{"pi",.,. <:"1",r/ir'TfP Ih;<: n"r! n.." ,."/,,,,,. ,..""",,, ""1"11 n..A rm"",nJ ,.irv munir:inalin:. disrrict. or other Do/itical subdivision. or any
-I
MA"liItl>ject
-I-I-.J
MAAC PROJECT
EXECUTIVE MANAGERS &
BOARD OF DIRECTORS
ROGER CAZARES - CHIEF EXECUTIVE OFFICER/PRESIDENT
E. ROGER CALDWELL - SENIOR VICE PRESIDENT
MITCHELL THOMPSON-SENIOR VICE PRESIDENT
SALVADOR SAUCEDO - CHAIRPERSON
CARMEN SPURLING - VICE-CHAIRPERSON
ARLIE RICASA-BAGAPORO - SECRETARY
MANUEL CAMACHO - TREASURER
Dolores Adame Manuel Camacho
Delfin Labao Anthony Venegas
Salvador Saucedo Juan Rodriquez
Arlie Ricasa-Bagaporo Dr. Maria Puig-Llano
Stephen Tadlock Maria Cristina R. Heredia
Carmen Spurling Dolores Escalera
Art Rivera Gabriel Arce
Ernie Cardoza
/I
: '
ORDINANCE NO.
MODIFYING ORDINANCE NUMBER 2944, WHICH APPROVED A PRECISE PLAN
FOR A MIXED-USE RESIDENTIAL AND RETAIL DEVELOPMENT AT 825
BROADW A Y WITHIN THE SOUTHWEST REDEVELOPMENT AREA.
I. RECITALS
A. Project Site
WHEREAS, thc area of land which is the subject matter of this Resolution is
diagrammatically represented in Exhibit "A," copies of which are in the office of the City
Clerk, attached hereto and incorporated herein by this reference, and for the purpose of
general description herein consists of approximately one acre located on the east side of
Broadway between Sierra Way and "J" Street {"Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, a the City ofChula Vista Planning and Building Department initiated a
modification to Ordinance 2944, as represented in Exhibit B, approved a Precise Plan for
a mixed-use residcntial and retail development at 825 Broadway within the Southwest
Redevelopment Area; and,
WHEREAS, the modification consists of revising the site plan in order to incorporate
vehicular access along Broadway without precluding the use of the previously approved
access from the northerly adjacent school access easement (see Exhibit C) ("Project"); and,
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of various
entitlements and agreements, including: annexation and pre-zoning, both previously
approved by City Council Resolution No. on 19 ~ , referred to
collectively herein as "Project Prior Entitlements "; and,
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the Precise Plan
on May 14, 2003 and, after hearing staff presentation and public testimony, voted 4-0-3 to
recommend that the City Council approve the Project in accordance with the findings and
subject to the conditions listed below; and,
WHEREAS, the Planning Department set the time and place for a hearing on said Project,
and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within 500
ft. of the exterior boundary of the project, at least ten (10) days prior to the hearing; and,
II..~I
WHEREAS, The proceedings and all evidence introduced before the Planning Commission
at the public hearing on this project held on May 14,2003, and the minutes and resolution
resulting there from, are hereby incorporated into the record of this proceedings; and,
E. City Council Record on Applications
WHEREAS, the City Clerk set the time and place for the hearing on the Project
applications and notices of said hearings, together with its purposes was given by its
publication in a newspaper of general circulation in the city, and its mailing to property
owners within 1,000 ft. of the exterior boundaries of the Project Site at least ten days prior
to the hearing; and,
WHEREAS, the City Council held an advertised public hearing on the project on June 10,
2003, at 6:00 p.m. in the council chambers at 276 Fourth A venue, Chula Vista California,
and after hearing staff presentation and public testimony tabled the item to a date uncertain
to address several concerns that were raised by area residents at the hearing; and,
WHEREAS, the City Council held an advertised second public hearing on the tabled
project on October 14,2003, at 6:00 p.m. in the council chambers at 276 Fourth Avenue,
Chula Vista California, and after hearing staff presentation and public testimony approved
the Project by unanimous vote; and,
WHEREAS, the City Council held an advertised third public hearing to clarify the
proposed Precise Plan Guidelines on December 9, 2003 at 6:00 p.m. in the council
chambers at 276 Fourth A venue, Chula Vista, California, and after hearing staff,
presentation and public testimony clarified that the Precise Plan and associated
Development Standards.
NOW, THEREFORE, the City Council does hereby ordain as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at its public
hearing on the Project application held on May 14, 2003, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
III. PREVIOUS NEGATIVE DECLARRATlON REVIEWED AND CONSIDERED
FINDINGS APPROVAL
The City Council of the City of Chula Vista has previously reviewed, analyzed,
considered and adopted Negative Declaration IS-03-008.
IV. COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the revised Project for compliance
with the California Environmental Quality Act and has determined that the proposed Project
was adequately covered in previously adopted Negative Declaration IS-03-008 and finds that
2
/I ~ ;;f'J---
no further environmental review or documentation is necessary.
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council has exercised their independent review and concurs with the
Environmental Review Coordinator's determination that the proposed project was adequately
covered in Negative Declaration IS-03-008, and that said document was prepared in
accordance with requirements of the California Environmental Quality Act (CEQA), the
State CEQA Guidelines and environmental Review procedures of the city of Chula Vista.
VI GENERAL PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the proposed Project is consistent with the
adopted Chula Vista General Plan and other adopted City policies
VII PRECISE PLAN FINDINGS
THAT SUCH USE WILL NOT UNDER THE CIRCUMSTANCES OF THE
PARTICULAR CASE BE DETRIMENTAL TO THE HEALTH, SAFETY OR
GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE VICINITY
OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE VICINITY.
The mixed-use project will introduce new retail commercial uses and affordable rental
units for senior citizens who will have the opportunity to experience a unique living
environment. Additionally, the project will assist in implementing a "Generations
Together" program that brings together senior citizens and the youth who attend the Chula
Vista Charter School adjacent to the project site, to participate in a variety of character
building programs.
The project has been designed to function adequately on the one-acre site, and is not out of
scale within the context of the surrounding area. The project also provides a transition
from retail/commercial to residential uses, which is an appropriate function of a mixed-use
project.
THAT SUCH PLAN SATISFIES THE PRINCIPLE FOR APPLICATION OF THE "P"
MODIFYING DISTRICT AS SET FORTH IN CVMC 19.56.041.
Section 19.56.041(B) provides for the application of the "P" modifying district if the
property or area is adjacent and contiguous to a zone allowing different land uses, and the
development of a precise plan will allow the area so designated to coexist between land
usages, which might otherwise prove incompatible. The project is located along
Broadway, which is a commercial corridor with a variety of commercial retail, service
oriented, as well as multifamily land uses. Additionally, residential uses are in the
immediate vicinity of the project site to the southeast and northeast.
3
J/@;3
THA T ANY EXCEPTIONS GRANTED WHICH MAY DEVIATE FROM THE
UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY WHEN
NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE PRECISE
PLAN.
No exceptions are requested for this modification of the Ordinance.
THE APPROVAL OF THIS PLAN WILL CONFORM TO THE GENERAL PLAN AND
THE ADOPTED POLICIES OF THE CITY OF CHULA VISTA.
The project has been evaluated in accordance with the goals and objectives of Chapter 10
Section 5.9 of the General Plan relative to mixed-use development along Broadway. The
Precise Plan, as described, will allow the project to be consistent with the goals and
objectives of the General Plan and the Chula Vista Municipal Code.
VIII APPROV AL OF PRECISE PLAN
In light of the findings described herein, the modification to the Ordinance 2944, which
approved the Precise Plan, in the tom1 attached hereto as Exhibit "C" and incorporated
herein, is hereby approved contingent upon Ordinance No. being adopted and
entering into effect.
IX CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny, or further condition issuance of all future building permits,
deny, revoke, or further condition all certificates of occupancy issued under the authority of
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions or seek damages for their violation. not vested rights are gained by Developer
or a successor in interest by the City's approval of this Resolution.
X INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Ordinance is dependent upon
the enforccability of each and every term, provision and condition herein stated; and that in
the event that anyone or morc tcrms, provision, or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this ordinance shall be deemed
to be automatically revoked and of no further force and effect ab initio.
XI EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
4
11- ;)4
adoption
Presented by: Approved as to form by:
Jim Sandoval ~~
Director of Planning & Building ity Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 9th day of December 2003, by the following vote:
AYES: Council members:
NAYS: Council members:
ABSENT: Council members:
Steve Padilla, Chair
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. had its first reading at a regular meeting held on the 9'h day of December 2003,
and its second reading and adoption at a regular meeting of said City Council held on the
day of 2003.
Executed this _day of _ 2003.
Susan Bigelow, City Clerk
5
11.~5
1 ---~
B==
i
i
I
I
,
!
STAR
PARK
APARTMENTS
RDJECT
LOCATION
'O~
NEFF
RENTAL
INC
---
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECr PROJECT DESCRIP!IqN:
(!) APPUCAHT: MAAC PROJECT MISCELLANEOUS
PROJECT Request Proposal for a Precise Plan for a mixed use
ADDRESS: 825-841 BROADWAY pruject consisting of 2,220 square feet units for senior
SCAt.Eo FILE NUMBER: citizens. .
NORTH ND Scale PCM-03-21 Related Casa(s): SUPS-03-05
j:lhomelplanning\ChenytcUDcatarslpcm0321.cdr 01.22.03 e.xf4lsrr A- --------
II~::J(P . .. .. - .---
Exlu'bit "A"
....".
I - L
. .-oNI'TAAP .
I oo-.x ..... ....,;,., _______ I ----
i -.-
II~"
---- ---+-------
. ------ - - - -, , <~
-- ------ " 5
,r-- ~ 2"'1'-0" ~
I....... ......,. .
. ~
.
"'" ~ ~
. ~
. ~ ~... v -.
,. ~I
t ~ ~ 0 U
w t (3 " ~:
" . ~ ... .
~ ~ 0 ~
- L
. ...
u . ~ ~
\'! ~ ~ , :
q '.
. ~ - ~ C"I U .
~
~ ~ H . .
3 ~ H
. --~
---, . .
~ \ ~ H
- .
16>'-4' I (~ .
~ ~ .
'" ~,4
b .! . c
.~
~ .
"U fu _~
I - J: ~...
)-~ ,'","
I ~ :'IJ CD co :u
r'm -: .to
I I ~~D!~~ f
- rn .
rnQ
I . "
..
I -'
'"
+11 t
1" I 4 ~
~ . ~
+ .
. I -
I
I
I .
I ~
I R,~'~
I ~<~
I &~
-----+- -- pU,..;c..., --
.
--- -
--
--
-
..."
..-. -... Ji- -;;) ._.'.
....-..- ._~--- ----
~
... z
c 0
C)z CC II)
zO::: I;;z UI
~~ w
5:5 U
O:::...z U
.. C
::0:::0 ~~ ...... >-
r.t01= ~ C
wl&.s ~; == ~
>ID::::) ~o
OUu e,,~
Eco::: Yo.
Wl:l.... _ 0:::
O:::II)U ~ IQ
1
1 ~lf:lr~~~- -- -------------------------------------------------1
I
~I - I
I
roTA!. CAAS I
IIII~. - ~
-
:E 1 1 -
'I' .
~ I . . ~
::5 1 (~I - .
F' ~'" ~
IIII~I . . .1. . ~ iJ
1111 I."
eJ i I IX:
U 1 ... au
< ....
61.. ~ II)
~ll1
UI .
III
1 . .
-
1 . -t:;-.-
I ------
I
"- - - AVMOV01lS
'Y
z
0
C)UI C.!J U ~5
z: ... 11:::1
II) zll) ...
. -' ~ ...w ~ ...z I!:!u
:.::U II: ~~ z:1I:
u.....c o:::U :: ...0
ui~1:I. CC tu
0:1 II) 1:1.0::: ... 8::1 III~
...
ItIzC) 1"'10 S :c:;! 8'"
ltI...z wu.. II:~
~a2S!2 1;,1...
>IDw IIIU ~~ C~
0:'::0::: ou> ~ It
EII)C ECI:i! i EXHIBIT C Z
wOI:l. Wl:l. ~
0:::!i21"'1 0:::11)0 ~
I
)/~;).<6 Proposed Modifications
To Approved Precise Plan
.....~ -#//
I .
---1-- T e /Yl
RECEIVED
January 6, 2004 '04 .!AN -6 AS:46
The Honorable Mayor and City Council IT'$"{if_A ,VJM,
City of Chula Vista
276 Fourth Avenue ' n elff(K1S iFFrBi .
Chula Vista, CA 91910
Subject: MAAC Senior Housing Project and Commercial Center
About a year ago, the residents in our neighborhood attended meetings with
members of city staff because of the traffic and parking problems generated by
the nearby C.v. Charter School. I am sure you remember the pictures we
provided at the City Council meetings.
Much time and effort was devoted to finding a safe and equitable traffic solution
for our neighborhood - and we are very grateful to the City Council and your staff
for your help. However, I am sorry to admit that our solution resulted in even
more cars using the narrow school driveway. This will be made even worse with
the proposed plan to place the 42-unit MAAC Housing Project on the Charter
School playground, and using this same narrow driveway to access that project.
We are all aware of the many concessions already given to the MAAC Project. A
zone change, reductions in open space and parking requirements, allowing
building encroachments into required set back standards, just to mention a few.
Even so, I believe our requests regarding this project were reasonable:
1. That our traffic issues be resolved before approving the MAAC project. Once
again, thank you.
2. That we receive a letter from the school district stipulating that the current
traffic solution will not be compromised in the future. While the traffic
solution was implemented, unfortunately the letter received from the District
offers no guarantees about the future.
3. That MAAC have its own vehicle entrance, for safety reasons, to alleviate the
congestion that occurs twice daily when school is in session.
On June 10, 2003, the First Reading of the MAAC Project was on the Council
Agenda. Before leaving that evening, I met with the three City staff who had
presented the item to Council to confirm my understanding of the City Council
action regarding the MAAC project. They took me into a conference roQm and_ ...__..
assured me that the action taken by the City Council required that MAAC provide
a separate vehicle entrance from Broadway, through the building entrance and
into the parking area. I was told that if space was needed to implement this
option, the Kiosk could be removed. In fact, Mr. Alaga took the time to draw a
picture of the building entrance and show me how the traffic flow would work.
Six months later, at the December 9, 2003 Council meeting, we were told that
the vote had been reversed. We did n01 receive notification, but I assume it was
the Second Reading of the MAAC projebt"-even though the original Council
action had been changed.
Somehow this all seems like a game 'Of cllarades. This past year appears to
have been a complene waste of time. Several of the calls I made to staff prior to
the December 9thmeeting were not returned. Now it appears that they were
intentionally hiding the fact that the driveway was being removed from the
project. If you were us, would you believe that all this just accidentally
happened. It has never been made clear to us why this item is even on the
agenda for discussion, when a decision was reached six months ago?
With the elimination of the MAAC entrance for vehicles, all of the tenants from
the 42-unit apartment building, will be added to an already congested school
entrance. This is the exact opposite of the action that City staff guaranteed had
been corrected with the adoption of its alternate recommendation. Furthermore,
this congestion is compounded by visiting friends, relatives, home medical care
personnel fOr the elderly and maintenance and repair people for the apartments.
We must also include trucks that will make deliveries to the commercial shops as
well as the employees. Is safety being set aside for aesthetics?
CJearly there must be an architectural solution that will create a better situation
f.or all involved. Unfortunately, it appears that we have backed into a cookie
c.utter design that meets the needs of the seniors, but does not recognize some
Of the unique needs of this site, nor does it adequately address the traffic
situation. Why not create a design that not onlv meets the needs of our elderly,
but does so without compounding an existing negative situation.
The Chula Vista City Council is known for its oreative problem solving and its
unwillingness to settle for less than the best. I challenge the City Council to
apply those same principles to this project. The building is not yet under
construction. Why not fix our existing problems rather than compound them.
Re~Piictf\JIly Submitted,
Bobbie Morris
862 Cedar Avenue -._._--------.-.-
Chuta Vista, CA9t911
-
00'-23-2003 11 :23am From-SULLIVAN WERTZ McDADE & WALLACE 619-2330-0107 T-304 P 002/002 H26
:L f./!.h7...- I~
lolUt $. Moot
tas River Rocl<
Chula Vista, CA 91914
(619) 838-6668
December 22, 2003
Hon. M&yor &fid City COlUlcilmembers
City of Chula Visr&
Chul& Vi~r&, CA
Dear Hono~ble Mllyor and Council:
Over the past few year~ the City Council has raised (:oncems aboLlt the City's Campaign
Contribution Ordin&fice ("CCO"). To address those con(:<:ms the City COWleil appointed a
committe", comprised of Councilmemb"'r Pauy Davis, two repr"'semanves of the Chaner Review
Commission, one r"'presentative of the Ethi(:~ Commission IInd my~df. The Ch<mer Review
Commissionappoinred Ch"ryl Cox and Armida Martin del Campo 1\I1d the Ethic~ Commission
appointed Ricardo Gilbert to p<micipa!e in the comminee On behalf of the members comminee,
thank you for me opponunity to review and suggest modifications to the CCO
The comminee has met over me past few months to review and revise the ordinance. Duril1g
the course of OUI meetings and <liscussions several remmm"ndations were proposed to simplify and
dm!) me ceo. These recommendations inctl.lde increasing the contribution limitation to $500 in
the g",nera] and special election ",ach; to allow contributions from individuals only; to provid" it
waiver of contribution limits for an oppon"nt if a candidate 101lID ur gives himselfowr $\ 0,000; and
the retention of special counsel to review !U!d pursLle alleged violations of the ordinance. We believe
me recommended modifications to the ceo will result in an ordinance mat is easier for both
candidJ.tes and those charged with interpreting and enforcing it TO use, while pror<octing the integrity
ofth" "Je(:tiun process.
We believe we have accomplish",d what was requested ofthe committe" and are pleased to
presem a draft ordinance for your review.
C;~
/:J I
----.~._.-
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
REPEALING CHAPTER 2.52 AND ADOPTING
CHAPTER 2.52 OF THE CHULA VISTA MUNICIPAL
CODE REGULATING CAMPAIGN CONTRIBUTIONS
WHEREAS, there have been many changes in the law of campaign finance since
the City ofChula Vista's campaign contribution ordinance was adopted; and
WHEREAS, the current ordinance requires clarification of certain provisions that
are ambiguous and difficult to implement; and
WHEREAS, the City Council of the City ofChu[a Vista has expressed a desire to
amend the municipal code regulating election campaign finance and control; and
WHEREAS, at the October 23,2001 City Council meeting staff was directed to
retum to Council with recommendations for establishing a campaign finance reform
committee; and
WHEREAS, on November 20, 2001 the City Council accepted a report from staff
and formed a subcommittee to review the campaign contribution ordinance; and
WHEREAS, the Council directed the committee to review the campaign
contribution ordinance in its entirety and redraft it to ensure consistency with state and
fedcrallaw; and
WHEREAS, the Council appointed to the campaign contribution ordinance
committee Councilmember Patty Davis, former Council member John Moot, one member
of the Ethics Commission and two members of the Charter Review
Commission;("Committee") and
WHEREAS, the Ethics Commission appointed Ricardo Gibert and the Charter
Review Commission appointed Cheryl Cox and Almida Martin del Campo; and
WHEREAS, the Committee has prepared an ordinance for presentation to the
Council; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
detennined that the activity is not a "Project" as defined under Section 15378 of the State
CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
J:^ttorlwy/l:lll1ll!t:amraign contribution onlil1ance fill:)1 /:J "? I
~- ~_._- - -------.--...------- -----_._.._...._~_._..~--_.._--
- -"- -. -.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby
ordain:
SECTION L Chapter 2.52 of the Chula Vista Municipal Code is hereby repealed
in its entirety.
SECTION II. Revised Chapter 2.52 of the Chula Vista Municipal Code is hereby
added to read as follows:
2.52,010. Purpose and Intent.
In enacting this chapter, the City Council finds and declares that moderate monetary
contributions to political campaigns are a legitimate form of participation in the American
political process. It is the policy of this City to protect the integrity of the electoral process;
and the best interests of the citizens of this City are served by regulating campaign finance.
Inherent in the high cost of election campaigning is the problem of improper influence,
real or potential, exercised by campaign contributors over elected officials. It is the
purpose and intent of the City Council in enacting this chapter:
A. To preserve an orderly political forum in which individuals may express
themselves effectively;
B. To place realistic and enforceable limits on the amounts of money that may be
contributed to political campaigns in City elections;
C. To prohibit contributions by organizations and permit individual contributions only;
D. To provide full and fair enforcement of all the provisions of this chapter; and
E. To encourage candidate adherence to election regulations by making them easier to
understand.
2.52.020 Interpretation of this Ordinance.
The tenl1S and phrases in this chapter shall be defined as those terms and phrases are
defined in the Political Refonl1 Act of 1974, as amended, (Government Code, section
81000 et seq.) unless otherwise specified in this chapter.
J:^ltomey/EhullicJlllpaign con1ributio!l ordinance nn:!! 1:;2',g 2
., ---- .."_.._--~-------_.._-'-_._----- -----
9~ ~
~~
2.52.030 Definitions.
A. "Agent" means a person who acts on behalf u. at behest of any other person or
accepts a contribution on behalf of a candidate. If an individual acting as an Agent is also
acting as an employee or member of a law, architectural, engineering or consulting firm, or
a similar entity or corporation, both the entity or corporation and the individual are
"Agents".
B. "At the behest" means made under the control or at the direction of, in cooperation,
consultation, coordination, or concert with, at the request or suggestion of, or with the
express prior consent of.
C. "Candidate" means any individual seeking any city elective office, the candidate's
campaign committee, committee(s) controlled by the candidate, agents of the candidate.
D. "City Campaign Statement" means the statement which, to the extent practicable,
shall be similar to or consolidated with that required by state law.
E. "City Elective Office" means the offices held by members of the City Council and
Mayor.
F. "Contributions" are defined in a manner identical with the definition found in
Government Code Section 82015 and any related provisions in the California Code of
Regulations
G. "Enforcement Authority" means that Special Counsel appointed by the City Council
pursuant to Section 2.52.160.
H. "General Election" is that dection identified by Charter Section 900 which is
combined with the State primary election.
r. " Independent Expenditure Committee" is as defined in Government Code Sections
82013 and 82031 which supports or opposes in whole or in part a candidate for city
elective office if contributions are made to said committee with the intent that they, or a
comparable amount of funds otherwise owned by, or under the control of, the committee be
used to support or oppose a particular candidate for a city elective office. This type of
committee is not controlled by the Candidate.
1. "Intennediary" means a person who delivers to a candidate or committee or
committee treasurer a contribution /Tom another person unless such contribution is rrom the
person's employer, immediate family or an association to which the person belongs.
Neither candidate or treasurer is considered an intermediary.
J:^t1(lrney/Ehu]]!call1paign contribution ordinance 11[]a) I") Ii 3
("",?'
K. "Organization" means a proprietorship, lahor union, finn, partnership, joint venture,
syndicate, business, trust, company, corporation, association, or committee, including a
political action committee.
L. "Person" means a natural individual.
M. "Single Election Contest" means either a general or special election.
N. "Special Election" defined in Charter Section 90 I, as all other Municipal elections
that may be held by authority of the Charter or of any law.
2.52.040. Campaign Contributions.
A. No person, other than a candidate, shall make a contribution in excess of five
hundred dollars ($500) to a candidate for a single election contest. No candidate shall
solicit or accept a contribution in excess of $500 from a contributor for a single election
contest. A candidate may receive up to $500 from a contributor in each of the general and
special elections.
B. The tenns of this chapter are applicable to any contributions made to a candidate or
committee hereunder, whether used hy such candidate or committee to finance a current
campaign or to pay debts incurred in prior campaigns..
C. No person shall make a contrihution to any candidate for city elective offices and no
such candidate shall accept from any person, such a contribution sooner than eleven
months preceding a single election contest.
D. A contribution for an election may be accepted by a candidate for elective City
office after the date 0 f the election only to the extent that the contribution does not exceed
net debts outstanding from the election, and the contribution docs not otherwise exceed
the applicable contribution limit for that election.
E. A candidate for City elective office may not solicit or accept contributions for a
special election prior to the holding of the general election for that office. A candidate for
City elective office may carryover contributions raised in connection with one election
for elective City office to pay campaign expenditures incurred in connection with a
suhsequent election for the same elective City office.
2.52.050 Surplus Campaign Funds
A. Upon leaving any elected office, or at the end of the post-election reporting period
following the defeat of a candidate for elective office, whichever occurs last, campaign
funds under the control of a candidate shall be considered surplus campaign funds.
B. Surplus campaign funds shall be used only for the following purposes:
J:Altnrllcyil:hull/calllpaign colltribl!lio!l ordinance JII1:1I //).5 4
. _ ._.,....~._.~M._m.."h__W".....,.,._._._._.__~. __ _ _ ___..___...._..__... '_
I. To repay contributions
2. To make a donation to any bona fide charitable, educational, civic,
religious, or nonprofit organization, where no substantial part of the
proceeds will have a material financial effect on the candidate, any
member of his or her immediate family, or his or her campaign treasurer.
3. To pay for professional services reasonably required by the candidate or
committee to assist in the perfonnance of its administrative functions,
including payment for attorney's fees for litigation that arises directly out
of a candidate's activities or his or her status as a candidate, including, but
not limited to, an action to enjoin defamation, defense of an action brought
of a violation of state or local campaign, disclosure, or election laws, and
an action from an election contest or recount.
2.52.060. Organizational Contributions.
A. No organization shall make a contribution to any candidate or candidate campaign
committee. This chapter shall not apply to contributions made to a committee which is
organized solely for the purpose of supporting or opposing the qualification for the ballot
or adoption of one or more City measures.
B. No officer, employee, agent or attorney or other representative of a person
covered by this chapter shall aid, abct, advise or participate in a violation of this chapter.
All contributions made by a person whose contribution activity is financed, maintained or
controlled by an organization or any other person shall be deemed to be made by that
organization or other person. If the contribution is deemed made by an organization, it is
prohibited.
C. No candidate shall knowingly accept a payment or contribution made in violation
of this chapter.
2.52.70. Contribution in Violation of this Ordinance
A. If a contribution is tendered and would be in violation of this chapter it shall be
returned within three business days of discovery.
B. If a contribution which is in violation of this chapter is received by a candidate,
the candidate shall report in writing within three business days of discovery of the receipt
of the contribution to the City Clerk the facts surrounding such contribution and shall
return such contribution to the contributor within 24 hours of discovery.
C. A contribution shall not be considered to be received if it has not been
negotiated, deposited, or utilized, and is returned to the donor within three
business days of discovery of receipt.
J:^I!Onn:y/l:lwll/c<lmpaign conlrihutilJ!] ordinance tinal / ;)' ft; 5
2.52.080 Written Solicitations by Candidates.
Any candidate making a written solicitation for a contribution for his or her campaign for
city elective office shall include the following written notice in no less than six point type
on each such solicitation:
NOTICE
Ordinance No _"_ of the City or Chula Vista limits contributions to campaigns for city elective office,
either 10 candidate controlled committees or to n:gulatcd independent expenditure committees, to five
hundred dol1ars per contributor.
2.52.090 Loans.
A. A loan or extension of credit shall be considered a contribution trom the maker of
the loan or extender of credit and shall be subject to the contribution limitations of this
chapter.
B. The provisions of this chapter apply to personal loans or extensions of credit, but
do not apply to loans made to a candidate by a commercial lending institution in the
lender's regular course of business on tenTIS available to members of the general public
for which the candidate is personally liable.
C. A candidate for elective City office may not personally loan to his or her
campaign an amount in excess of$IO,OOO.
D Each opponent of a candidate who has made a loan to his or her campaign
pursuant to this section shall be pennitted to solicit and receive, and contributors to such
opponent may make, contributions in excess of the limits-contained in Section 2.52.040
of the Municipal Code until such opponent has raised contributions in amounts above
such limits equal to the amount personally loaned by the candidate to his or her own
campaign or controlled committee.
E. Each opponent of a candidate or other person who has given notice pursuant to
2.52.100 shall not be bound by the loan limitation within this section to the extent the
amount of personal funds expended or contributed exceeds $10,000.
2.52.100 Notice Regarding Personal Funds.
A. No candidate or other person, , shall expend or contribute more than $5,000 in
personal funds in connection with an election campaign unless and until the following
conditions arc met:
I. Written notice of the candidate's or other person's intent to so expend or
contribute in excess of $5,000 shall be provided to the city clerk and all opponent
J:Altorncy/Ehull/c<Jn)paign contribution onlinancc final /:;;-'7 6
-.-..'" . _ '. _",,'_~___'_"___'__'__'__.~_'__'~__'_ _____.~_,__.______...."_,....__.__m.__.
candidates. The notice shall be delivered personally or sent by registered mail to
the last known address of the opponent candidates as shown in the records of the
City Clerk and shall specify the amount intended to be expended or contributed;
and
2. All personal funds to be expended or contributed by the candidate shall first be
deposited in the candidate's campaign contribution checking account. The
required notice shall be given no later than twenty-one days prior to the election.
If the expenditure or contribution occurs during the twenty-one days preceding
the election, the required notice shall be provided within twenty-four hours.
B. Each opponent of any candidate who has complied with the above conditions
shall be permitted to solicit and receive, and contributors to each such opponent may
make, contributions in excess of the limits established in subdivision (a) of Section
2.52.040 of the Municipal Code until such opponent has raised contributions in amounts
above such limits equal to the amount of personal funds deposited by the candidate in his
or her campaign contribution checking account.
2.52.]]0 Family Contributions.
A. Contributions by a husband and wife shall be treated as separate contributions and
shall not be aggregated where the checks are drawn separately and signed by the spouse
making the contribution. Contributions by a husband and wife shall be treated as separate
even if combined into one check but presented with two signatures.
B. Contributions by children under the age of eighteen shall be treated as contributions
by their parents and attributed proportionately to each parent (one-half to each parent or the
total amount to a single custodial parent).
2.52.120 Contributions for Legal Defense
A. Notwithstanding anything contained herein to the contrary, a payment to or for
the benefit of a councilmember and mayor or candidate made and used for the express
purpose of offsetting costs already incurred by that councilmember and mayor or candidate
in the defense of a criminal or administrativc prosecutorial action against said
councilmember and mayor, and not made or used for the purpose of aiding in the election
of said councilmember and mayor or candidate, and not made within (before or after) 100
days of an election in which the councilmembcr and mayor or candidate is competing for a
seat or office, shall not be deemed to be a contribution for the purposes of this chapter.
2.52.130 Campaign Contribution Checking Account.
The campaign account required by Government Code section 8520l(a) shall be
established at a financial institution located in San Diego County.
J:Attonll;y/Flmll/c<lll1paign contribution ordinance !Inal /;J 8 7
.--- .~--- .------'----.----...- -_._~_..._-,--""._. ------_.__..-..__.~-- - -
2.52.140 Campaign Statements. -
Each candidate and committee shall file campaign statements in the time and manner
required by the Political Reform Act of 1974 as amended (Government Code Sections
84100 et seq.). Compliance with the requirements of that act shall be deemed to be
compliance with this chapter.
2.52.150 Duties of City Clerk.
In addition to other duties required of the City Clerk under the terms of this chapter and
City Charter, the Clerk shall:
A. Supply appropriate forms and manuals prescribed by the California Fair Political
Practices Commission. These forms and manuals shall be furnished to all candidates and
committees, and to all other persons required to report.
S. Determine whether required documents have been filed and, if so, whether they
confornl on their face with the requirements of state law.
C. Notify promptly all person and known comminees who have failed to file a
document in the fonn and at the time required by state law.
D. Report apparent violations of this chapter and applicable state law to the
Enforcement Authority.
E. Compile and maintain a curr",nt list of all statements or parts of statements filed
with the Clerk's office pertaining to each candidate and each measure.
F. Cooperate with the Enforccment Authority in the performance ofthe duties of the
Enforcement Authority as prescribed in this chapter and applicable state laws.
2.52.150 Enforcement.
A. The City Attorney shall not investigate or prosecute alleged violations of this
chapter, but shall defend the constitutionality and legality of this chapter in any civil
proceeding in which the City or the City Council is a party.
B. Special Counsel shall investigate or prosecute alleged violations of this chapter.
C. City Attorney shall solicit proposals from attorneys in accordance with Section 503
of the City Charter and Section 2.56 of the Municipal Code to act as Special Counsel.
D. A panel of no less than three attorneys acting as Special Counsel and
compensated by City shall serve as the Enforcement Authority for this Ordinance.
Special Counsel shall be recommended by the City Attorney and approved with
considering counsel availability by the City Council. Should the appointment of
additional Special Counsel become necessary or appropriate, the City Attorney shall
.1:^ll()rnl:y/l~hlIIJ/c:.!mpaigI1 contrihutj(m nnlinance final It? ~ 9 8
.,.---..---- - ----_.._._---_.,--~._. --_..__..._..~-,_.-
recommend and City Council shall appoint, such additional Special Counsel as may be
required. A single member of the Special Counsel panel will be assigned to each case.
Assignments will be made on a rotating basis.
E. Complaints of violation of this chapter shall be submitted in writing, under
penalty of perjury, by a resident of the City to the City Clerk. Said complaint shall state
the full allegation of facts that would constitute a violation of the code. The complaint
must be filed within 90 days of discovery of the alleged violation, but no later than 180
days from the date of the election.
F. City Clerk shall forward the complaint to the randomly assigned Special Counsel
from the panel of attorneys appointed by the City Council within 5 working days of
receipt for a probable cause deteffilination. Ifno probable cause is determined to exist the
complaint shall be dismissed summarily and interested parties shall be notified in writing.
G. If probable cause is determined to exist, Special Counsel shall take further
investigatory and procedural steps necessary to resolve the matter.
H. Violations of this chapter may be pursued either through a civil or criminal action
at the discretion of the Special Counsel. Special Counsel may also commence and
prosecute any necessary administrative proceedings or civil litigation to compel
compliance with the chapter. No enforcement or prosecution or action of Special Counsel
shall be subject to the revicw or control of the City Attorney or City Council.
I. Special Counsel may investigate and may institute legal action to prevent further
violations. The Special Counsel may decline to investigate if the allegation is also a
violation of state law and is subject of a complaint filed with the Fair Political Practices
Commission.
J. Special Counsel shall be immune to liability for enforcement of chapter.
2.52.170 Penalties
A. Any person who willfully violatcs any provIsion of this Chapter is guilty of a
misdemeanor. Any person who willfully causes or solicits any other person to violate any
provisions of this Chapter, or who aids and abets any other person in the violation of this
Chapter shall be guilty of a misdemeanor.
B. Any person who intentionally or negligently violates any provision of this Chapter
shall be liable in a civil action brought by Special Counsel for an amount not more than
three times the amount the person failed to report properly or unlawfully contributed,
expended, gave or received, or $5000 per violation which ever is greater.
In deteffilining the amount of liability, the court may take into account the seriousness
of the violation and the degree of culpability of the defendant. If a judgment is entered the
funds recovered shall be deposited into the City's General Fund
J:At!l11llcy/Ehull/c3mpaign contribution ordinance final /e';} -10 9
. _ _ .."___.._.______.________. ____m_....__..__._~ ----'.-
2.52.180 Severability.
If any provision of this chapter, or the application of any such provision to any person
or circumstances, shall be held invalid, the remainder of this chapter to the extent it can be
given effect, or the application of those provisions to persons or circumstances other than
those as to which it is held invalid, shall not be affected thereby, and to this end the
provisions ofthis chapter are severable.
J:\Attomcy\Ehull\Campaign ('ontnbulioll Ordinance 12 1003
J.At1orm:y!l'J1ull/c;J1l1paign contribution ordinance rillal I/) ~!I JO
01/04/2004 13:27 519-482-5514 SWC TRANSFER CTR. PAGE 01
RECEIVED
TO: MAYOR PADILLA & CITY COUN~IfI-(j P3 So
MEMBERS ~;ztELJNFk4Vl5T,'
(JpFfC ::
,
FROM: NORMA CAZARES
DATE: January 6, 2004
CITY CLERK'S OFFICE- PLEASE ENSURE THE
COUNCIL RECEIVES THIS
CORRESPONDANCE FOR TODA Y'S
COUNCIL MEETING.
THANK YOU!
011 04! 2004 13:27 519-482-5514 SWC TRANSFER CTR.
PAGE 02
TO: Mayor Padilla and City Council members
FROM: Norma Cazares, President
South Bay Forum
RE: January 6, 2004 City Council meeting
Agenda Item # 12- Campaign Contribution Recommendations
DATE: January 6, 2004
I regret that I am unable to attend this afternoon's Council meeting due to a work
conflict. First, I wish to extend a Happy and certainly a productive New Year to all of
you! We, of South Bay Forum, look forward to a supportive and collaborative working
relationship with you.
At last night's SBF meeting, we had an opportunity to discuss concerns regarding the
proposed recommended changes to the City's campaign contribution policies. Although
we are not necessarily of the opinion that they should not be changed, we are concerned
with the process utilized and the potential implications of such changes.
Our organization considers itself reasonably active in the community and is generally
abreast of issues/studies of interest that are being reviewed or researched by the City.
Changes regarding campaign contributions are certainly an item that we would've
requested an opportunity to have some input on; however, although we are encouraged by
the City's more recent attempts to engage the citizemy in civic matter, we do not recall
any public notice of an opportunity to do so in this case.
Rather then going into the full range of concerns that we have over these changes, I
would like to encourage the Council to consider postponing any approval of this proposal
until such time (which could be 3-4 weeks) that the citizens/voters of Chula Vista have
been given ample notice of the proposal and, opportunities to address the item are
allowed. Who, more then the residents of Chula Vista, should have the right to voice
opinions on what their maximum campaign contribution should be?
Thank you for your consideration on this matter.