The URL can be used to link to this page

Home My WebLink AboutAgenda Packet 2004/02/03 February 3, 2004 111111&1.. undIr llnaIIy of perjury that 11m 1"11" ......, tile CIty of Chura VIIta In the œ. or tile CIty CI.rk and that I poattd thIa lIuillllll1t on thl bullllln boIrd IOOOrdIng to Brewn~;~;.nta. . IJ~ AGENDA 1.::30 0 '7'5; DATED SIGNED.. . 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 . OATH OF OFFICE: Angel Rosario - Safety Commission Min-J eong Go - Youth Commission · INTRODUCTION BY ASSISTANT CITY MANAGER PALMER OF THE EMPLOYEE OF THE MONTH, RUTH VASQUEZ, CIRCULATION ASSISTANT, CIVIC CENTER BRANCH LIBRARY · PRESENTATION BY MAYOR PADILLA TO FINANCE DIRECTOR, MARIA KACHADOORIAN, OF A CERTIFICATE OF AWARD FROM THE CALIFORNIA SOCIETY OF MUNICIPAL FINANCE OFFICERS FOR OUTSTANDING FINANCIAL REPORTING - 2001-2002 AND A CERTIFICATE OF ACHIEVEMENT FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE UNITED STATES AND CANADA FOR EXCELLENCE IN FINANCIAL REPORTING CONSENT CALENDAR (Items I through 6) 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 ofJanuary 14,2004. Staff recommendation: Council approve the minutes. 2 A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE REDEVELOPMENT PLAN FOR THE MERGED CHULA VISTA REDEVELOPMENT PROJECT AREA PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(E)(2)(C) (SECOND READING AND ADOPTION) B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE REDEVELOPMENT PLAN FOR THE BAYFRONT/TOWN CENTRE I REDEVELOPMENT PROJECT AREA PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(E)(2)(C) (SECOND READING AND ADOPTION) California Senate Bill 1045 allows the Council to extend by one year the duration of the effectiveness and time limit to collect tax increment revenue in the Merged Chula Vista and Bayftont/Town Centre I Redevelopment Plans. Adoption of the ordinances amends the plans accordingly. These ordinances were introduced on January 27, 2004. (Director of Community Development) Staff recommendation: Council adopt the ordinances. 3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTION 19.58.022 OF THE CHULA VISTA MUNICIPAL CODE, REGULATING ACCESSORY SECOND DWELLING UNITS, TO INCREASE THE MAXIMUM SIZE LIMIT, MODIFY THE ON-SITE PARKING REQUIREMENTS FOR PROPERTIES WITH NON-CONFORMING USES (SECOND READING AND ADOPTION) Adoption of the proposed ordinance amends the regulations for accessory second dwelling units to allow larger units without impacting surrounding neighborhoods and to clarifY the requirements for properties with non-conforming uses that seek to add a second unit. This ordinance was introduced on January 27, 2004. (Director of Planning and Building) Staff recommendation: Council adopt the ordinances. 4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING CERTAIN PROVISIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913, THE SPECIAL ASSESSMENT, INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 AND THE ELECTIONS CODE (SECOND READING AND ADOPTION) Over the past ten years, the City has formed or begun formation proceedings on five assessment districts under the 1911 Block Act. It is anticipated that several new assessment districts will be formed within the next two years under the western Chula Vista infrastructure financing program. It is desirable to clarifY various issues regarding district formation and the City's participation prior to commencement of the formation of these districts. This ordinance was introduced on January 27,2004. (Director of General Services, City Engineer) Staff recommendation: Council adopt the ordinance. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CLOSURE OF DAVIDSON STREET FROM THIRD AVENUE WEST TO THE ALLEY BEHIND THE THIRD A VENUE STOREFRONTS ON FEBRUARY 18 FROM 4:00 P.M. - 8:00 P.M., FOR THE RECOGNITION OF PARTICIPANTS IN THE STOREFRONT RENOVATION PROGRAM Page 2 - Council Agenda 02/03/04 On November 4, 2000, the Council approved the Storeftont Renovation Program to encourage private sector investment in building facades in a target area of the Town Centre I Redevelopment Project Area. The program provides rebates, design and technical assistance to eligible projects. The closure is requested to allow the Downtown Business Association and the City to host a reception and recognition ceremony for all Storeftont Renovation Program participants. The event is planned for the evening of the unveiling of the new mural at the San Diego Youth Theater, which was designed and painted with assistance from the City program. (Director of Community Development) Staffrecommendation: Council adopt the resolution. 6. CONSIDERATION OF AWARD OF CONTRACT FOR DEVELOPMENT OF A HIGHER EDUCATION RECRUITMENT STRATEGY In November 2003, the Council/Staff University Working Group finalized the process of interviewing qualified candidates to assist with the strategic planning process, including the development of the City's mission statement, preparing a conceptual master plan, identifying model institutions that are compatible with the City's established values, and facilitating potential partnerships. As a result of this process, the Council/Staff University Working Group has selected a team of consultants lead by STRATUS/EIP Associates. (Director of Community Development) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT TO STRATUS, A DIVISION OF THE JCM GROUP, TO DEVELOP A HIGHER EDUCATION RECRUITMENT STRATEGY, AND APPROPRIATING $270,050 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR THE DEVELOPMENT OF A HIGHER EDUCATION RECRUITMENT STRATEGY (4/5THS VOTE REQUIRED) 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 HEARING The following item has been advertised as a public hearing as required by law. If you wish to speak on this 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 3 - Council Agenda 02/03/04 7. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND, AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as liens upon the affected properties and ultimately placed on the property tax bills for collection. (Director of Finance) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL BOARDS AND COMMISSION RECOMMENDATIONS 8. CONSIDERATION OF A REPORT FROM THE CAMPAIGN CONTRIBUTION 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 Gibert, representing the Ethics Commission. The CCO has met and now presents its recommended revised Campaign Contribution Ordinance to the Council. Committee recommendation: Council accept the report and provide the CCO and staff with further direction. ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 9. CITY MANAGER'S REPORTS 10. MAYOR'S REPORTS 11. COUNCIL COMMENTS CLOSED SESSION Page 4 - Council Agenda 02/03/04 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). 12. ADJOURNMENT to an Adjourned Regular Meeting on February 3, 2004 at 6:30 p.m. in the John Lippitt Public Works Center at 1800 Maxwell Road, and thence to the Regular Meeting of February 10, 2003, at 6:00 p.m. in the Council Chambers. Page 5 - Council Agenda 02/03/04 -- ORDINANCE NO. ~O~~O¥< AN ORDINANCE OF THE CITY COUNCIL OF THE ~f;) ~ CHULA VISTA AMENDING THE REDEVE~ OR THE MERGED CHULA VISTA REDEVELO ROJECT AREA PURSUANT TO SENATE BILL 1 CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(C) WHEREAS, on August 15, 1978, the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre II Redevelopment Project and has subsequently amended said redevelopment plan on May 19, 1987 by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8, 1994 by Ordinance No. 2610, and on August 22, 2000 by Ordinance No. 2817 ("Town Centre II Plan"); and WHEREAS, on December 29, 1983, the City Council adopted Ordinance No. 2059 approving a redevelopment plan for the Otay Valley Road Redevelopment Project and has subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and on August 22,2000 by Ordinance No. 2818 ("Otay Valley Plan"); and WHEREAS, on November 27, 1990, the City Council adopted Ordinance No. 2420 approving a redevelopment plan for the Southwest Redevelopment Project and has subsequently amended said redevelopment plan on July 9,. 1991 by Ordinance No. 2467, on November 8, 1994 by Ordinance No. 2612, and on August 22, 2000 by Ordinance No. 2819 ("Southwest Plan"); and WHEREAS, the Town Centre II Plan, the Otay Valley Plan, and the Southwest Plan (collectively, the "Plans") were amended by Ordinance No. 2819, to merge the constituent project areas for financial purposes to facilitate the sharing of financial resources pursuant to Sections 33485 through 33489 of the California Community Redevelopment Law, Health and Safety Code Section 33000 §!~. ("CRL"); and WHEREAS, by Ordinance No. 2947 adopted on January 13, 2004, the City Council amended the Plans to eliminate the time limit on the right to incur debt pursuant to the authority established by Senate Bill 211 ; and WHEREAS, Senate Bill 1045, was adopted by the California Legislature effective February 27, 2003 and codified in pertinent part in Health and Safety Code Section 33333.6(e)(2)(C); and WHEREAS, Senate Bill 1045 states: "When an agency is required to make a payment pursuant to Section 33681.9, the legislative body may amend the redevelopment plan to extend the time limits required pursuant to subdivisions (a) and (b) by one year by adoption of an ordinance. In adopting an ordinance pursuant to this subparagraph, neither the legislative body nor the agency is required to comply with [Health and Safety Code] Section 33354.6 or Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment to affected taxing entities required by [Health and Safety Code] Section 33607.7."; and ~A-I WHEREAS, the City Council desires to implement the authority of Senate 8i1l1045; and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is a public body, corporate and politic, organized and existing under the CRL, and implements the Plans pursuant to the CRL and the provisions of the Plans; and WHEREAS, 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. NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1. The Plans are hereby amended to extend, by one year (a) the currently existing time limit on the effectiveness of the Plans, and (b) the Agency's currently existing time limit to repay indebtedness with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670. SECTION 2. Except as amended hereby, the Plans shall remain in full force and effect according to their terms. SECTION 3. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. SECTION 4. The City Manager shall notify the appropriate public entities of the adoption of this Ordinance. SECTION 5. The City Clerk is authorized and directed to publish this Ordinance or a summary thereof in the manner provided by the City Charter. Presented by Approved as to form by ~ Laurie A. Madigan Community Development Director -2- ? J7~;;J ORDINANCE NO. SECOND READING AND ADOPTION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE REDEVELOPMENT PLAN FOR THE BAYFRONTITOWN CENTRE I REDEVELOPMENT PROJECT AREA PURSUANT TO SENATE BILL 1045 AS CODIFIED IN HEALTH AND SAFETY CODE SECTION 33333.6(e)(2)(C) WHEREAS, on July 16. 1974, the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1541 approving a redevelopment plan for the Bayfront Redevelopment Project and has subsequently amended said redevelopment plan on July 17, 1979 by Ordinance No. 1872, on April 22, 1986 by Ordinance No. 2146, on January 4,1994 by Ordinance No. 2585, on November 8,1994 by Ordinance No. 2608, and on July 7, 1998 by Ordinance No. 2734 ("Bayfront Plan"); and WHEREAS, on July 6, 1976, the City Council adopted Ordinance No. 1691 approving a redevelopment plan for the Town Centre I Redevelopment Project and has subsequently amended said redevelopment plan on July 17, 1979 by Ordinance No. 1872. on April 22, 1986 by Ordinance No. 2146, on January 4, 1994 by Ordinance No. 2585, on November 8, 1994 by Ordinance No. 2609, and on July 7, 1998 by Ordinance No. 2735 ("Town Centre I Plan"); and WHEREAS, by Ordinance No. 1872, the Bayfront Plan and Town Centre I Plans (collectively, the "Plans") were merged to facilitate the sharing of financial resources pursuant to Sections 33480 through 33484 of the California Community Redevelopment Law, Health and Safety Code Section 33000 m~. ("CRL"); and WHEREAS, by Ordinance No. 2948 adopted on January 13, 2004, the City Council amended the Plans to eliminate the time limit on the right to incur debt pursuant to the authority established by Senate Bill 211; and WHEREAS, Senate Bill 1045, was adopted by the California Legislature effective February 27, 2003 and codified in pertinent part in Health and Safety Code Section 33333.6(e)(2)(C); and WHEREAS, Senate Bill 1045 states: "When an agency is required to make a payment pursuant to Section 33681.9, the legislative body may amend the redevelopment plan to extend the time limits required pursuant to subdivisions (a) and (b) by one year by adoption of an ordinance. In adopting an ordinance pursuant to this subparagraph, neither the legislative body nor the agency is required to comply with [Health and Safety Code] Section 33354.6 or Article 12 (commencing with Section 33450) or any other provision of this part relating to the amendment of redevelopment plans, including, but not limited to, the requirement to make the payment .to affected taxing entities required by [Health and Safety Code] Section 33607.7"; and WHEREAS, the City Council desires to implement the authority of Senate Bill 1045; and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is a public body, corporate and politic, organized and existing under the CRL, and implements the Plan pursuant to the CRL and the provisions of the Plan; and :;28- I WHEREAS, enactment of these Ordinances is exempt from the Califomia 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. NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1. The Plans are hereby amended to extend by one year (a) the currently existing time limit on the effectiveness of the Plans, and (b) the Agency's currently existing time limit to repay indebtedness with the proceeds of property taxes received pursuant to Health and Safety Code Section 33670. SECTION 2. Except as amended hereby, the Plans shall remain in full force and effect according to their terms. SECTION 3. All required proceedings and considerations precedent to the adoption of this Ordinance have been regularly taken in accordance with applicable law. SECTION 4. The City Manager shall notify the appropriate public entities of the adoption of this Ordinance. SECTION 5. The City Clerk is authorized and directed to publish this Ordinance or a summary thereof in the manner provided by the City Charter. Presented by Approved as to form by Laurie A. Madigan Community Development Director :J ¡ß ~d- C¿O ) 1 hU:J V~r~~ .0/, ORDINANCE NO. - ~~ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHUL AMENDING SECTION 19.58.022 OF THE CHULA VISTA IPAL CODE REGULATING ACCESSORY SECOND DWELL ITS TO INCREASE THE MAXIMUM SIZE LIMIT, MODIF E ON-SITE PARKING REQUIREMENTS AND CLARIFY THE REQUIREMENTS FOR PROPERTIES WITH NONCONFORMING USES. WHEREAS, on January 28th 2003, the City Council of the City ofChula Vista adopted a local ordinance for the regulation of accessory second units in conformance with California Government Code Section 65852.2; and WHEREAS, said local ordinance limits the size of accessory second units to 650 square feet and requires one on-site parking space per unit; and WHEREAS, at the time of adoption, the City Council directed staff to re-evaluate the size limitation for accessory second units so that property owners would have the flexibility to develop a larger unit in situations where all other standards for an accessory second unit can be met; and WHEREAS, since the adoption of the new ordinance, staff has experienced situations in which accessory second units are proposed on lots with nonconforming uses or structures and the ordinance does not specify how such situations should be addressed; and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a statutory exemption pursuant to Section 15282 (I) of the State CEQA Guidelines; and WHEREAS, the Planning Commission held a duly noticed public hearing on December 17,2003 and voted 5-0-0 to forward a recommendation to the City Council to adopt the proposed Zoning Ordinance amendments and additions dealing with on-site parking and nonconforming situations, but not to increase the maximum unit size; and WHEREAS, despite the Planning Commission's recommendation, the City Council finds that allowing larger accessory second dwelling units will provide a greater incentive for property owners to construct this necessary housing in the City of Chula Vista. NOW, THEREFORE, the City Council ofthe City ofChula Vista does hereby ordain: ":2. - , ../ Ordinance - Page 2 SECTION 1. That Section 19.58.022 of the Chula Vista Municipal Code is amended as follows: Section 19.58.022 - Accessory Second Dwelling Units~ A. Accessory second dwelling units are allowed in certain areas as a potential source of affordable housing and shall not be considered in any calculation of allowable density for the lot upon which it is located, and shall also be deemed consistent with the General Plan and zoning designation of the lot as provided. Except as provided in section 3.f, accessory second dwelling units, whether attached or detached, shall be considered additions to the existing house for the purposes of evaluating existing nonconforming structures or uses for compliance with Chapter 19.64 of the Chula Vista Municipal Code. Required corrections of any nonconforming situations shall occur concurrently with the addition of the new unit. Accessory second dwelling units shall be subject to the following development standards: 1. Accessory second dwelling units shall be limited to a maximum gross floor area of up to 850 square feet, or shall have a gross floor area less than the primary single family dwelling whichever is less, and may be attached or detached above or behind a main or primary single-family dwelling or accessory structure on the same lot. 2. The accessory second dwelling unit must accompany a main or primary dwelling unit on an A, R-E, R-l or P-C zoned single-family lot. Accessory second dwelling units are precluded from R-2 and R-3 zoned lots. 3. The accessory second dwelling unit shall conform to the underlying zoning and land use development standards of the A, R-E, R-l or P-C zoned lot, such as height, bulk, and area regulations, with the following modifications or exceptions: a. A detached accessory second dwelling unit shall be located a minimum of six feet from a main or primary single-family dwelling unit. b. An accessory second dwelling unit is subject to the same height limitation as the main or primary dwelling unit. c. A single story accessory second dwelling unit may be located within a required rear or interior side yard area, but not closer than 5 feet to any property line. In addition, the unit and all other accessory structures shall not occupy more than thirty percent of the required rear yard. Second story accessory second units shall observe the setbacks of the primary structure unless the zoning administrator approves a reduction to not less than five feet through the approval of a conditional use permit as authorized by Section 19.14.030. d. A lot shall be a minimum 5,000-square feet in size to add an accessory second dwelling unit. Existing lots less than 5,000 square feet may develop an accessory second dwelling unit only if it can be incorporated within the existing permitted building envelope. :3~ Ordinance Page 3 e. The lot coverage including an accessory second dwelling unit shall not exceed 50 percent. Lots in planned communities that are already permitted to exceed 50 percent in lot coverage by their Sectional Planning Area General Development Plan may include an accessory second unit if the accessory second unit can be incorporated within the existing permitted lot coverage. . f. Accessory second dwelling units shall be provided with one standard sized parking space for studio, one-bedroom, or two-bedroom units; or two standard sized parking spaces for units with three or more bedrooms. Said parking is in addition to the parking requirements for the main dwelling as specified in Section 19.62.170. The off-street parking space(s) shall be on the same lot as the second unit, shall be screened from view from public streets, and shall not be located within a required front or exterior side yard setback. Tandem parking is not allowed to satisfy required parking for an accessory second dwelling unit. Lots having accessory second dwelling units must take access from a public street, alley or a recorded access easement. g. The accessory second dwelling unit shall be served by the same water and sewer service lateral connections that serve the main or primary dwelling unit. A separate electric meter and address may be provided for the accessory second unit. h. Accessory second dwellings shall be designed to be consistent in architectural style with the main house and compatible with surrounding residential properties. The Design Review Committee shall review disputes about design and/or compatibility issues. 1. Any accessory second dwelling unit that is attached to an existing residential structure shall meet the standards of Section 19.58.022, and all applicable development standards of the existing zone. SECTION VI1. This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. J:\PLANNING\JOHNS\DOCUMENTS\ORDINANCESIASDU ORD - 1ST AMENDMENT-CC ACTION.DOC :3-:8 - .--... --- .--.-- . ORDINANCE NO. 'S)Of?\\O~ ~\) ~ AN ORDINANCE OF THE CITY COUNCIL OF ~ÞðF CHULA VISTA, CALIFORNIA MODIFYING CERTAIN P~ S OF THE MUNICIPAL IMPROVEMENT ACT OF 1913 ~ SPECIAL ASSESSMENT, INVESTIGA nON, LIMIT A TION AND MAJORITY PROTEST ACT OF 1931 WHEREAS, the City of Chula Vista, California, is a charter city organized and existing under the laws of the State of California, and is duly authorized and empowered to make laws as they relate to municipal affairs of the City; and WHEREAS, the City has previously formed Assessment Districts for the purpose of financing the acquisition or construction of public improvements, including but not limited to the construction of infill street improvements under the 1911 Block Act (Chapter 27 of the Improvement Act of 1911); and WHEREAS, the City wishes to utilize the procedures of the Municipal Improvement Act of 1913 for formation of assessment districts to finance such infill street improvements but to continue to offer property owners the financing arrangements available under the 1911 Block Act; and WHEREAS, petitions collected from property owners in accordance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (the "1931 Act") can more accurately reflect the provisions of Article XIIID of the California Constitution if the adequacy of such petitions can be based on the financial responsibility of the property owners signing such petitions rather than the acreage owned by such property owners as is the current requirement under the 1931 Act; and WHEREAS, Chapter 824 of the Statutes of 2003 (Assembly Bill 1521), effective on January 1,2004, amends the Elections Code of the State of California to limit to only two dates in each odd numbered year and three dates in each even numbered year on which assessment ballot proceedings may be undertaken; and WHEREAS, the limited dates on which such assessment ballot proceedings may be undertaken will unnecessarily limit the timing of and delay proceedings to consider the fonnation of Assessment Districts. NOW, THEREFORE, BE IT ORDAINED: SECTION I. Reference to Laws: The provisions of the Municipal Improvement Act of 1913 (Division 12 of the Streets and Highways Code commencing with Section 10000), and the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 of the Streets and Highways Code commencing with Section 2800), shall be applicable to Assessment District proceedings except as modified herein. ] Lj-I ORDINANCE NO. þ...'i)O?'\O~ .....\"'Gt>-~Q ORDINANCE OF THE CITY COUNCIL OF T~HE CIT.'¡;:. ~p@lliLA VISTA AMENDING SECTION 19.58.022 OF THE ''ViSTA MUNICIPAL CODE REGULATING ACCESSORY SECO DWELLING UNITS TO INCREASE THE MAXIMUM SIZE LIMIT, MODIFY THE ON-SITE PARKING REQUIREMENTS AND CLARIFY THE REQUIREMENTS FOR PROPERTIES WITH NONCONFORMING USES. WHEREAS, on January 28th 2003, the City Council of the City ofChula Vista adopted a local ordinance for the regulation of accessory second units in conformance with California Government Code Section 65852.2; and WHEREAS, said local ordinance limits the size of accessory second units to 650 square feet and requires one on-site parking space per unit; and WHEREAS, at the time of adoption, the City Council directed staff to re-evaluate the size limitation for accessory second units so that property owners would have the flexibility to develop a larger unit in situations where all other standards for an accessory second unit can be met; and WHEREAS, since the adoption of the new ordinance, staff has experienced situations in which accessory second units are proposed on lots with nonconforming uses or structures and the ordinance does not specify how such situations should be addressed; and WHEREAS, The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a statutory exemption pursuant to Section 15282 (I) of the State CEQA Guidelines; and WHEREAS, while adopting these changes, the City wants to preserve the character of existing single-family neighbors by requiring the accessory second dwelling units to be smaller than the existing house on the lot; and WHEREAS, City believes that allowing the accessory second dwelling unit to be larger than the existing unit may seriously alter the neighborhood character; and WHEREAS, the Planning Commission held a duly noticed public hearing on December 17,2003 and voted 5-0-0 to forward a recommendation to the City Council to adopt the proposed Zoning Ordinance amendments and additions dealing with on-site parking and nonconforming situations, but not to increase the maximum unit size; and WHEREAS, despite the Planning Commission's recommendation, the City Council finds that allowing larger accessory second dwelling units will provide a greater incentive for property owners to construct this necessary housing in the City of Chula Vista. NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain: 3-/ Ordinance Page 2 SECTION 1. That Section 19.58.022 of the Chula Vista Municipal Code is amended as follows: Section 19.58.022 - Accessory Second Dwelling Units, A. Accessory second dwelling units are allowed in certain areas as a potential source of affordable housing and shall not be considered in any calculation of allowable density for the lot upon which it is located, and shall also be deemed consistent with the General Plan and zoning designation of the lot as provided. Accessorv second dwelling units. whether attached or detached. shall be considered additions to the existing house for the purposes of evaluating existing nonconforming structures or uses for compliance with Chapter 19.64 of the Chula Vista Municipal Code. Required corrections of any nonconforming situations shall occur concurrently with the addition of the new unit. Accessory second dwelling units shall be subject to the following development standards: 1. Accessory second dwelling units shall be limited to a maximum gross floor area of lip te-4S{) 1.000 square feet, or shall have a grOSS floor area less than the primary single familv dwelling whichever is less. and may be attached or detached above or behind a main or primary single-family dwelling or accessory structure on the same lot. 2. The accessory second dwelling unit must accompany a main or primary dwelling unit on an A, R-E, R-l or P-C zoned single-family lot. Accessory second dwelling units are precluded from R-2 and R-3 zoned lots. 3. The accessory second dwelling unit shall conform to the underlying zoning and land use development standards of the A, R-E, R-l or P-C zoned lot, such as height, bulk, and area regulations, with the following modifications or exceptions: a. A detached accessory second dwelling unit shall be located a minimum of six feet from a main or primary single-family dwelling unit. b. An accessory second dwelling unit is subject to the same height limitation as the main or primary dwelling unit. c. A single story accessory second dwelling unit may be located within a required rear or interior side yard area, but not closer than 5 feet to any property line. In addition, the unit and all other accessory structures shall not occupy more than thirty percent of the required rear yard. Second story accessory second units shall observe the setbacks of the primary structure unless the zoning administrator approves a reduction to not less than five feet through the approval of a conditional use permit as authorized by Section 19.14.030. d. A lot shall be a minimum 5,000-square feet in size to add an accessory second dwelling unit. Existing lots less than 5,000 square feet may develop an accessory second dwelling unit only if it can be incorporated within the existing permitted building envelope. :3-~ Ordinance Page 3 e. The lot coverage including an accessory second dwelling unit shall not exceed 50 percent. Lots in planned communities that are already permitted to exceed 50 percent in lot coverage by their Sectional Planning Area General Development Plan may include an accessory second unit if the accessory second unit can be incorporated within the existing permitted lot coverage. f. Accessory second dwelling units shall be provided with one standard sized parking space for studio or one-bedroom units. or two standard sized parking spaces for units with two or three bedrooms. Said parking is in addition to the parking requirements for the main dwelling as specified in Section 19.62.170. The off-street parking spaceJi) shall be on the same lot as the second unit, shall be screened from view from public streets, and shall not be located within a required front or exterior side yard setback. Tandem parking is not allowed to satisfy required parking for an accessory second dwelling unit. Lots having accessory second dwelling units must take access from a public street, alley or a recorded access easement. g. The accessory second dwelling unit shall be served by the same water and sewer service lateral connections that serve the main or primary dwelling unit. A separate electric meter and address may be provided for the accessory second unit. h. Accessory second dwellings shall be designed to be consistent in architectural style with the main house and compatible with surrounding residential properties. The Design Review Committee shall review disputes about design and/or compatibility issues. 1. Any accessory second dwelling unit that is attached to an existing residential structure shall meet the standards of Section 19.58.022, and all applicable development standards of the existing zone. SECTION VII. This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Submitted by Approved as to form by James D. Sandoval, AICP Planning and Building Director ~u~ oore . y Attorney 3-B/ SECTION 2. Section 10200 of the Streets and Highways Code shall be amended to read as follows: "Before ordering any improvement which is authorized by this division to be made, the legislative body shall adopt a resolution declaring its intention to do so, briefly describing the proposed improvement, specifying the exterior boundaries of the assessment district, providing for the issuance of improvement bonds, if any bonds are to be issued, pursuant to Chapter 7 (commencing with Section 10600), declaring its intention to levy an assessment to maintain, repair, or improve the facility pursuant to Section 10100.8, if it intends to levy such an assessment, and providing for the disposal of any surplus remaining in the improvement fund after the completion of the improvement, as authorized in Section 10427 and, if the legislative body so desires, declaring its intention to authorize the payment of assessments to be made in annual installments pursuant to Section 5895. The descriptions do not need to be detailed and shall be sufficient if they enable the engineer to generally identify the nature, location, and extent of the improvements and the location and extent of the assessment district. The resolution of intention shall also contain a brief statement of the intention of the legislative body to enter into an agreement with any other public agency, or public utility, pursuant to Chapter 2 (commencing with Section 10100)." Section 10402 of the Streets and Highways Code shall be amended to read as follows: ""The tax collector shall record the diagram and assessment received pursuant to Section 1040 I in a substantial book to be kept for that purpose in his office. Upon the date of recordation with the tax collector or, if a certified copy IS recorded with the county surveyor or with the superintendent of streets of the city, or both, as provided in Section 10401, then upon the date of recordation, the assessment becomes due and payable, except that the legislative body may provide (a) in the resolution adopted pursuant to Section 10312 that all or any portion of the assessment becomes due and payable on the date of the bonds which represent the assessments or portion thereof or (b) in a resolntion adopted pursuant to Section 5895 that such assessment shall be payable in such annual installments as may be prescribed in such resolution." SECTION 3. Section 10403 of the Streets and Highways Code shall be amended to read as follows: "All assessments not paid within 30 days after they become due, except all unpaid assessments for which bonds are to be issued or for which the legislative body has authorized the payment of such assessment in 2 4f~ a., annual installments pursuant to Section 5895, shall become delinquent and the recording officer shall add to each delinquent assessment 5 percent of the amount thereof. Assessments may be paid in whole or in part during the 30-day period after the same become due and payable." SECTION 4. Section 10404 (d)(3) of the Streets and Highways Code shall be amended in its entirety to read as follows: "(3) If bonds are not to be issued or the legislative body has not authorized the payment of such assessment in annual installments pursuant to Section 5895, that all assessments will become delinquent if not paid before the expiration of that 30 days and the effect of the failure to pay the assessments within the 30-day period." Section 10404(d) shall be further amended by the addition of subsection (5) which shall read as follows: (5) "If the legislative body has authorized the payment of such assessment in annual installments pursuant to Section 5895, that all assessments not paid before the expiration of that 30 days shall be payable in such number of annual installments as the legislative body shall have determined and that the payment of such assessments so deferred shall bear interest on the unpaid balance at such interest rate as the legislative body shall have determined." SECTION 6: Section 2804 (a)(3) of the Streets and Highways Code shall be amended to read as follows: (3) "All of the owners of more than 60 percent in area of the property subject to assessment for the proposed improvements or more than 60 percent of the properties to be assessed as weighted in accordance with the maximum allowahle assessments as established for assessment balloting procedures under Article XIIID of the California Constitution have signed or filed with the clerk or secretary of the legislative body undertaking the proceedings a written petition for the improvements meeting the requirements of Section 2804.5." SECTION 7: Section 5875 of the Streets and Highways Code shall be amended to read as follows: 'The owners of lots or portions of lots fronting on any public street or place when that street or place has been improved by the construction of sidewalks or curbs for a total ftontage of more than fifty percent (50%) on one side of such street or place in any block, or where a petition signed by the owners of more than sixty percent (60%) of (a) the ftont footage of 3 Jf-~~ any part of an unimproved portion or portions of a block or (b) the properties to be assessed for the installation of the improvements requested by such petition as weighted in accordance with the maximum allowable assessments as established for assessment balloting procedures under Article XIIID of the California Constitution has been filed with the city clerk requesting the installation of such improvements in front of said part, or whenever the legislative body of the city upon its own motion orders the installation of such improvements in front of said part, shall have the duty of constructing or causing the construction of sidewalks or curbs in front of their properties upon notice so to do by the superintendent of streets." SECTION 8: Section 5876 of the Streets and Highways Code is hereby amended to read as follows: "When the superintendent of streets finds that sidewalks or curbs have been constructed, or that their constmction has been guaranteed to his satisfaction, in front of properties constituting more than fifty percent (50%) of the ftontage in any block, or where a petition signed by the owners of more than sixty percent (60%) of the front footage of the block has been filed with the city clerk requesting the installation of such improvements, or where a petition signed by the owners of more than sixty percent (60%) of (a) the front footage of any part of an unimproved portion or portions of a block or (b) the properties to be assessed for the installation of the improvements requested by sucb petition as weighted in accordance with the maximum allowable assessments as established for assessment balloting procedures under Article XIIID of the California Constitution has been filed with the city clerk requesting the installation of such improvements in front of said part, or whenever the legislative body of the city upon its own motion has ordered the installation of such improvements III front of said part, said superintendent of streets may, and upon the instructions of the legislative body of the city shall, notify the owner or person in possession of the property fronting on that portion of the street in such block in which no sidewalks or curbs have been constmcted theretofore, to constmct or cause to be constructed sidewalks or curbs in front of his property." SECTION 9: Section 1500 of the Elections Code is hereby amended to read as follows: 'The established mailed ballot election dates are as follows: (a) The first Tuesday after the first Monday in May of each year. (b) The first Tuesday after the first Monday in June of each even numbered year. (c) The last Tuesday in August of each year. 4 I/~lf (d) Any such Tuesday as may be selected by the legislative body for an election or assessment ballot proceeding required or authorized by Article XIIIC or XIIID of the California Constitution." SECTION 7: This ordinance shall take effect and be in full force on the thirtieth day ftom and after its adoption. Presented by Approved as to fonTI by ð::m:9- M <~ Jack Griffin Ann oe Director of General Services City Attorney H:\SHAREDlENGINEERIBETHIASST DIST ORD.DOC 1114/20043:42 PM 5 '1-$' PAGE I, ITEM NO.: ? MEETING DATE: 02/03/04 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF DAVIDSON STREET FROM THIRD AVENUE WEST TO THE ALLEY BEHIND THE THIRD AVENUE STOREFRONTS ON FEBRUARY 18 FROM 4:00 P.M. - 8:00 P.M. FOR THE RECOGNITION OF PARTICIPANTS IN THE STOREFRONT RENOVATION PROGRAM SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~-\ìn \.M. REVIEWED BY: CITY MANAGER (.'[ '- ~j ,1'.,1/ 4/5THS VOTE: YESDNO0 BACKGROUND On November 4, 2000, the City Council approved the Storefront Renovation Program to encourage private sector investment in building facades in a target area of the Town Centre I Redevelopment Project Area. The program provides rebates, design and technical assistance to eligible projects. At the program's inception it was hoped to have an annual reception to recognize participants who had invested in projects. However due to the newness of the program it has taken some time to "sell" the concept and to complete enough projects to make such a reception meaningful. Staff believes that a reception held now will not only recognize the early participants in the program but encourage others to participate as well. RECOMMENDATION It is recommended that the City Council adopt the resolution approving the closure of Davidson Street from Third Avenue west to the alley behind the Third Avenue storefronts on February 18 from 4 - 8 p.m. for the recognition of participants in the Storefront Renovation Program. BOARDS/COMMISSIONS RECOMMENDATION Not opplicable. DISCUSSION Recently the Storefront Renovation Program joined with the San Diego Youth Theater and properly owner Clark Dennison to create a mural, new signage and awnings, and building repairs at the Theater's storefront at the northwest corner of Third Ave and Davidson Street. The -- PAGE 2, ITEM NO.: ~ MEETING DATE: 02/03/04 Program is also working with the owners of a planned restaurant/lounge at the southwest corner of Third Avenue and Davidson Streets. To commemorate the completion of the second mural in Town Centre I, the Downtown Business Association (DBA) announced its intention to hold it quarterly "mixer" at the Junior Theater on February 18. Seeing an opportunity to highlight the program and thank Mr. Dennison and other Storefront Renovation Program participonts, City staff requested to join with the DBA and co-host the event as both a mixer and Storefront Renovation Program Reception and Recognition. The street closure is being requested because it will afford guests to the event safety to mingle on Davidson Street, where the mural is. A "token" in recognition of participation in the program will be presented to participants during the event and recognition will also be given to those currently completing projects with the progrom. A complete report on Storefront Renovation Program proiects to date will be provided in written form at the event, along with marketing brochures encouraging new participants. Mayor Padilla has been requested to speak. FISCAL IMPACT Minor expenses (less than $1000) for this recognition program will be covered by the Storefront Renovation Program. j,\COMMDEV\STAFF.REP\O2-03-04\CC- Dov;dwn closure.doc RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF DA VDISON STREET FROM THIRD AVENUE WEST TO THE ALLEY BEHIND THE THIRD AVENUE STOREFRONTS ON FEBRUARY 18 FROM 4:00 P.M. - 8:00 P.M. FOR THE RECOGNITION OF PARTICIPANTS IN THE STOREFRONT RENOVATION PROGRAM WHEREAS, the City Council of the City ofChula Vista established a Business Improvement Area on November 16,1971, which created the Chula Vista Downtown Business Association ("DBA"); and WHEREAS, the City Council adopted a Storefront Renovation Program on November 4, 2000 to encourage private sector investment in storeftonts in a target area of the Town Center I Redevelopment Project Area by providing rebates, design and technical assistance for eligible projects, and WHEREAS, the DBA and Community Development Department have worked cooperatively to promote participation in the program including the recent creation of signage and a mural for the San Diego Youth Theater; and WHEREAS, the DBA and Community Development Department have requested to close Davidson Street from Third Avenue west to the alley behind the Third Avenue Storeftonts in order to conduct a recognition of participants in the Storefront Renovation Program on February 18 ftom 4:00 p.m. - 8:00 p.m.; and WHEREAS, the City Council wishes to recognize and thank those Storefront Renovation Program participants who have invested in the improvement of the Town Center I Redevelopment Project Area; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the closure of Davidson Street from Third A venue west to the alley behind the Third Avenue storefronts from 4:00 p.m. - 8:00 p.m. on February 4, 2004, for the purpose of holding a recognition ceremony and reception for participants in the Storefront Renovation Program. Presented by Approved as to form by j)~ to ~ Laurie Madigan Ann Moore Community Development Director City Attorney J :\COMMDEVlRESOSlDavidson closure 2-18-{)3 .doc -- h i " CITY COUNCIL AGENDA STATEMENT ITEM NO.: rfz MEETING DATE: 02/03/04 ITEM TITLE: RESOLUTION AWARDING A CONTRACT TO STRATUS, A DIVISION OF THE JCM GROUP, TO DEVELOP A HIGHER EDUCATION RECRUITMENT STRATEGY AND APPROPRIATING $270,050 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR THE DEVELOPMENT OF A HIGHER EDUCATION RECRUITMENT STRATEGY SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR t..\;t\-~ lJ-\ REVIEWED BY: CITY MANAGERtF,-ç¡ r/ -"I' 4/5THS YOTE: YES0NOD BACKGROUND The Chula Vista City Council has established a policy to attract a first-rate college or university to a 1247 -acre site that has been set-aside for this purpose within the Otay Ranch area of the City's General Plan. The site includes 557 developable acres within the westerly "main campus" portion, and 93.5 developable acres within the "Otay lakes campus" portion to the east, adjacent to lower Otay Reservoir - for a total of 650 developable acres. In addition, 552 acres are designated for open space preserve and 46 acres are designated for recreational use. As part of the City's Economic Development Strategy, the City has identified "educational excellence" as one of its top 12 goals, including the development of a new, full-service campus, which contributes to the community's prestige, intellectual capital and supports other economic development goals. In November 2003, the City Council/Staff University Working Group finalized the process of interviewing qualified candidates to assist with the strategic planning process, including the development of the City's Mission Statement, preparing a conceptual master plan, identifying model institutions that are compatible with the City's established values, and facilitating potential partnerships. As a result of this process, the City Council/Staff University Warking Group has selected a team of consultants lead by STRATUS. Because of the STRATUS teams' extensive experience in higher education planning and administration (35 years), staff is very excited to recommend approval of the resolution and move forward with STRATUS for the development of a higher educotion recruitment strategy. b , PAGE 2, ITEM NO.: (p MEETING DATE: 02/03/04 RECOMMENDATION Staff recommends that the City Council approve the resolution granting STRATUS, a division of the JCM Group for the development of 0 Higher Education Recruitment Strategy and appropriating $270,050 from the available fund balance of the General Fund from fiscal year 2003-04. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION As the City continues to focus its efforts on a Higher Education Recruitment Strategy, it has become necessary to retain the expert services of STRATUS a division of JCM Group, to develop a comprehensive strategy that will lead to the achievement of goal number four of the City Council adopted Economic Development Strategy (Promote Educotional Excellence ond Training Programs to Ensure a Qualified Workforce). As port of the selection process, Community Development ond Planning Department staff met with the four selected groups listed below. While they represented a broad range of expertise related to campus planning and development, the first two groups specialize in physical master planning and the latter two have a greater experience with academic program planning and new campus start-ups. 1. Rod Rose and Sal Rinella, STRATUS Division of JCM Group, Los Angeles 2. Armando Arias and David Leveille, Academic Dean at CSU Monterey Bay, and former Assist. Dir. Of California Post Secondary Education Commission (CPEC) respectively 3. Woody Tescher and Mark Horn, EIP, Los Angeles 4. Ira Fink, Ira Fink & Associates, Berkeley Ayers/Saint/Gross was eliminated from consideration based upon a conflict of interest due to their being hired by Otay Land, a university site landowner. STRATUS helps organizations take advantage of the opportunity created by innovative new projects - the opportunity to make the entire organization more effective, distinctive, and competitive. Management scientists refer to this process as strategic positioning. STRATUS helps organizations identify their opportunities and strengths, create a compelling vision, and provide them with the practical strategies, management tools, and resources to create and sustain a competitive advantage. Since 1983, leaders in government, education, health care and private industry have turned to The JCM Group to develop facilities that make better sense. JCM has helped them plan and implement every aspect of their organizational and capital improvement needs, from strategic planning and organizational development to total program and construction management. b-~ PAGE 3, ITEM NO.: ~ MEETING DATE: 02/03/04 Community Development and Planning Department staffs also reviewed alternative land use plans with the consultants. As the process has advanced, a common concept that has emerged is the combination of the University and the Regional Technology Park lands to allow the maximum flexibility of uses and designs. STRATUS has provided a scope of work with an estimated cost of $270,050 of which the monies have been identified from the available fund balance of the General Fund from fiscal year 2003- 04 for the development of a Higher Education Recruitment Strategy. It is anticipated that the City will benefit greatly from the Higher Education Recruitment Strategy. The scope includes, but is not limited to: . Reviewing Background Materials . Reviewing General Plan land Use Options ond Evaluating Implications for the Development of the Higher Education Site ond Regional Technology Park 8 Participating at the January Joint City Council and Planning Commission Workshop on General Plan land Use Options . Conducting Stakeholder Interviews . Compiling a Comprehensive Site Analysis . Developing a Vision, Guiding Principles, and Interconnected Themes . Identifying Structural Models . Developing Campus/Technology Park Site Plan Concepts . Developing a Public Participation Process . Evaluating Campus/T echnology Park Concepts 8 Evaluating Implications for the General Plan . Developing a Set of Implementation Strategies; and . Developing and Presenting a Final Report FISCAL IMPACT Funds in the amount of $270,050 for the consulting services of the STRATUS team will come from available fund balance of the Generol Fund from fiscal year 2003-04. ATTACHMENTS 1. Scope of Work 2. Timeline 3. Budget J,\COMMDEV\STAFF.REP\Ol.27.04\COUNCIL AGENDA STATEMENT. UNIVERSITY.doc ATTACHMENT 1 ~TU5 --~ CITY OF CHULA VISTA OTAY RANCH HIGHER EDUCATION SITE/REGIONAL TECHNOLOGY PARK December 15, 2003 SCOPE OF SERVICES 1. Project Kickoff Consultants will meet with City Staff to organize the project; identify appropriate Staff resources; detennine the consultation/communication process with Staff, Working Group, Planning Commission, and City Council; and detennine schedule constraints and engagement deliverables. Tasks will include: . Meetings with Staff . Confinn work plan . IdentifY key leaders for interview . Reconnnend alternatives for public participation 2. Review Background Materials Consultants will review pertinent background baseline data, reports, studies, and other materials that may influence the development of a higher education institution and technology park on the designated Otay Ranch site; and identify critical issues and planning assumptions. This will encompass: . Population and socio-demographics . Workforce characteristics . Economic Development Strategy . Housing (including affordability) . Transportation and infrastructure . Environmental resources . Policy and regulatory documents (General Plan, zoning ordinance, MSHCP, etc.) . Environmental Impact Reports . Issue Papers prepared by other consultants, including Campus Master Plan prepared for Otay Land Company 3. Review General Plan Land Use Options and Evaluate Implications for the Development of the Higher Education Site and Regional Technology Park Consultants will meet with City staff to review the land use options that have been fonnulated for the updated General Plan and identify critical assumptions and analyses that may be related to and affect the 6420 Wilshi", 60,'e,."" S,ite 1 BOO Los Angeles, CalIfornia 90048.5502 Telephone 323.651.1776 Faosimite 323.806.4248 www.strat".n, Q d',""" ,¡ThdCM G,""P ... ~TU5 --fJP- City ofChula Vista Otay Ranch Higher Education Site Scope of Services December 15, 2003 Page 2 development of the proposed Higher Education site and technology park. Factors to be considered will include: . Land use designations (type, density/intensity. other) including those for non-higher education uses such as conunercial and residential uses. . Net land area designated exclusively for Higher Education and related purposes. . Lands designated for "spin-off' or "supporting uses." include Research and Development uses. . Development capacity of the East/Otay Ranch planning sub-area and comparison of this with SANDAG's regional growth and housing needs forecasts. . Anticipated mix of housing units (single family detached, attached, multi-family, etc.) and, if available, housing prices. . Amenities proposed for the East/Otay Ranch planning sub-area that may be used to attract the development of a higher education facility (parks, open spaces, cultural, "livable neighborhoods," transit-oriented development, etc.). . Transportation Plan, Level of Service standards, and planned improvements (how will the site be accessed?): automobile, public transit, bicycle, pedestrian, truck, other. . Infrastructure Plans (how will the site be served?) Based on the review of the infonnation provided by staff, we will fonnulate a comparative description of the implications of the land use alternatives. This may consider such factors as: . Sufficiency ofthe land area to acconunodate a range of higher education facilities. . Sufficiency ofthe housing supply to acconunodate students, faculty, staff. and other populations generated by the development of a higher education institution. (Detennined by comparing the sub- area's housing capacity with regional growth forecasts. ¡fthe housing capacity matches regional growth forecasts, there may be insufficient housing to meet the needs of a higher education facility). . Compatibility of adjoining land uses with a higher education facility. . Accommodation of uses within the planning sub-area and adjacent to the site that Can capitalize upon the presence of an adjoining higher education facility, such as a research and development park. . Ability to acconunodate transportation access needs for a higher education facility. . Ability to provide infTastructure and public services to support the needs of a higher education facility. . Presence of any use. design characteristic, or other attributes that may uniquely benefit the attraction of a higher education facility. 4. Joint City Council and Planning Commission Workshop on General Plan Land Use Options The Consultants will provide Staff with preliminary implications of the three candidate General Plan land uses alternatives on the development of a higher education facility and technology park at the proposed Otay Ranch site for presentation at the Joint City Council/Planning Commission workshop. Consultants will be , .... ;"" r; ~TU5 -~-. City of Chula Vista Otay Ranch Higher Education Site Scope of Services December 15,2003 Page 3 available as a resource to the meeting to render expert opinion on higher education and campus planning and development. The detailed evaluation will be conducted during the "Testing Phase" of the General Plan Update process, following approval by the City Council of the proposed alternatives. 5. Stakeholder Interviews Consultants will conduct up to forty (40) interviews with key conununity stakeholders to understand their perspective on the development of higher education institution and technology park on the Otay Ranch site, as well as perceptions of critical obstacles and issues associated with such development. Questions will be posed regarding a diversity of topics, and may address the type(s) of institution(s) to be attracted, its physical "fit" with surrounding land uses (an "island" or integrated development), the character and urban fonn of the site's physical development, desired induced economic development benefits for the conununity (e.g., incubator or research and development industries), role of the institution in fostering conununity culture, social well-being, and activity, and other related topics. The input will be reviewed for its implications in defining the higher education models to be considered and physical site planning parameters. Following the interview process Consultants will work with Staff to establish a Steering Committee comprised of existing Working Group members supplemented by key stakeholders identified through the interviews. 6. Site Analysis Consultants will compile baseline data for the designated Otay Ranch site ITom available reports, studies, and other sources and evaluated for its implications for the development of a higher education facility and technology park. Representative data, as available, will include: . Existing land uses on the site and adjoining properties . Entitled and planned land uses on adjoining properties . Existing policies and regnlations that may affect the development of the site (including the MSHCP) . Plant and animal habitats, including those that are protected through the MSHCP and conservation and open space agreements . Topography . Hydrology and drainage patterns . Geologic and soil constraints/limitations (faulting, landslide, liquefaction, etc.) . Existing noise sources that may impact the site . Wildfire hazards . Existing and proposed circulation network (automobile, truck, public transit, bicycle, pedestrian, equestrian, other) /;,(; ~TU5 "-E+R- City ofChula Vista Dtay Ranch Higher Education Site Scope of Services December 15,2003 Page 4 . Existing and proposed water, sewer, energy (electricity and natural gas), stonn drainage, telecommunications and digital, and other infrastructure . Other One to three maps will be prepared. using traditional techniques rather than GIS that document development constraints based on the preceding research. Using this infonnation, development "envelope" prototypes will be fonnulated that indicate the possible location of buildings and the resulting development capacity of the site will be calculated. This will be prepared in collaboration with BMS Design Group. 7. Vision, Guiding Principles, and Interconnected Themes Fonnulation ofthe Vision, Guiding Principles, and Interconnected Themes for the higher education institution and technology park will be a collaborative process between Consultants and the Steering Committee. Consultants will provide input regarding: strategic links both internally and externally to the City; potential programs and services to be provided; and economic and physical development of the site and surrounding community, particularly focusing on policy components that are related to the City's General Plan. This may address: . Functional role of the higher education facility . Functional role of the regional technology park . Site development opportunities/constraints . Economic development opportunities . Land use inter-relationships . Physical fonD and character . Sustainability . Community amenities . Relationship to local and regional transportation systems . Relationship to natural resource and other open space systems . Other 8. Identify Structural Models Consultants will conduct research to identify 2-3 campus/technology park models consistent with the City's vision and goals, and the vision, guiding principles and interconnected themes set forth by the Steering Committee, incorporating national benchmarks and best practices. The City may elect, at additional cost, to have consultants organize and conduct site visits to identified models, this would likely involve a core group of the Steering Committee. In consultation with the Steering Committee, consultants will identify up to 2 models for further study and evaluation. 7 ~TU5 -f-I-12- City ofChula Vista Otay Ranch Higher Education Site Scope of Services December 15, 2003 Page 5 9. Develop CampuslTechnology Park Site Plan Concepts Consultants will develop up to 2 general conceptual site plans/campus layouts based on the preferred and/or feasible models identified in Task 8. The conceptual site plans will identity major land use zones and interrelationships within campus boundaries; relationship to surrounding land uses; circulation/access corridors - vehicular, bicycle, pedestrian, transit; and summarize planning assumptions (enrollment, density, development capacity etc.). 10. Public Participation Process Consultants in consultation with Staff will design (only) a public participation program to further test the concept(s) choosing ftom a variety of techniques such as: community "coffees," public forums/workshops, focus groups, and/or children's and youth programs which utilize the local school in which the children become the conduit to their parents; as well as meetings with the Working Group/Steering Committee, Planning Commission, and City Council. Implementation of the program will be conducted by the City Staff. 11. Evaluate Campus/Technology Park Concepts Consultants will test concepts against vision, guiding principles, interconnected themes, and goals and objectives; and evaluate the implications of the defined concepts for the surrounding Otay Ranch area and greater Chula Vista community. Consideration will include: . Land uses 0 Required land area and physical configuration 0 Compatibility and inter-relationships with adjoining uses 0 Types ofland uses needed to support the institution, such as student, faculty, and staff housing 0 Types of new land uses induced by the development ofthe institution 0 Uses and amenities required to attract the development of the institution . Community character (in consideration of function, intensity of activity, academic mission, physical fonn and character, etc.) . Transportation and inftastructure 0 Transportation systems and networks required to support the development of the institution (streets and highways, public transit, other) 0 Utility inITastructure (water, sewer, stonn drainage. energy, telecommunications) required to support the development of the institution (e.g., specialized inftastructure for the institution's research functions) . Public services 0 Required to support the institution (police, fire, governance, library, cultural, recreation, youth services, other) b-g ~TU5 --£1-12- City of Chula Vista Otay Ranch Higher Education Site Scope of Services December 15,2003 Page 6 0 Potential public service benefits and joint partnerships with the institution . Environmental resources 0 Impacts on plant and animal communities, air quality, and other natural environmental resources 0 Opportunities to capitalize upon the site's and region's environmental resources At the conclusion ofthe evaluation a position paper which summarizes the findings ofthe evaluation of both concepts. 12. Implications for the General Plan The City of Chula Vista's General Plan goals, policies. and programs will be reviewed for their consistency in accommodating the preferred campus/technology park concept(s). Where conflicting. we will recommend policy revisions and, where absent, new policies will be drafted for the City's consideration. This will encompass both textual and mapped policies. 13. Implementation Strategies The Consultants will prepare a set of implementation strategies and resource needs, a "roadmap" to advance the selected campus/technology park concept(s). The strategies will address the following steps: . Marketing/recruiting educational, corporate and civic partners . Physical master planning and entitlements . Development/Construction . Operations 14. Final Deliverables Consultants will prepare a final report that summarizes the process and findings related to this engagement: a basic PowerPoint presentation will also be provided, which can used to communicate with internal and external audiences about the campus/technology park concept(s). Budl!et Continl!encv (Optional. not included) It is recognized that the analyses and findings of the work scope to be performed by the Consultant under the terms ofthis scope of work may result in the need for additional research, analyses, work products, and meetings by the Consultant that have not been explicitly defined herein. To enable the performance of such work tasks in a timely manner, the City of Chula Vista will maintain a budget of a maximum of twenty-five thousand dollars ($25,000.00) that may be allocated for the performance of additional work tasks by the Consultant on the approval of the City's authorized representative. The Consultant shall submit a request in &-9 ~TU5 . ---f-l-I2-. City of Chula Vista Otay Ranch Higher Education Site Scope of Services December 15,2003 Page 7 writing that identifies the additional work to be perfonned, specifies the costs for labor and direct expenses, and schedule for completion. The City shall submit a letter signed by its authorized representative confinning the work and budget that is approved. (¿; -/0 . " . i ! 1 ! if! I I II I f !liIP i ! I j! ¡ ¡¡fif"lff ' . j f .' i ! ATTACHMENT 2 ~ Ii ~ in H ¡P! nlfHriÍfidfli P¡iiltii ~frJ. ~'}f . i,.¡i'!j..lf3~1! i2}! II i I !~ ì if f.! ¡ if (I í HiH d f H if -! . I!., ~i.[i"'[fif!'" I' . ¡-î. fill 11 ~ f . if i' H< - ! . i I fl', iJ , " ' ¡r . ° ¡! . 1-- ~~- 0- ¡i I . . I l1r ° ;1 ! 'l1r . . ~ õ' . . , ., ~9 ° 0 . -.... ¡! ~~ . . - II ~ . n [ ¡ ~ . 1-- "¡ -- -- --. - - . '--.. ;¡ ;¡ , , " . i " : § ~ , ~~I . , , =.. í ~ ì { ! H ! I Jff! II ii"1 f f J f! nn H ~ ~ ~¡[f~~.!i~~~i.I~!j ~Ift , !~I~III'..!llhhq..P¡ I [,H¡"'l.!W,l f . III; .! ip" 1- f ¡nit ¡ .!¡~ II f ¡t ¡ i-I ,¡ . , ¡ a - ------ I' . ~ §' ï ¡ f .. ~~ - - - ¡! Ii , ¡¡ ¡: -. ~ . ;1 . .. ¡¡ ;1 ¡ -- .------ ----- --- - ---.---.--- --- " i ~ " " - ¡ 6-a ATTACHMENT 3 City of Chula Vista Otay Ranch Higher Education Site Cost Proposal December 23, 2003 Reimbursable - Task Description Fees By Task Expenses By Task 1.0 Project Kickoff 1.1 Initial Meetin wIth Cit Staff 1.2 General Plan U date GPU - Communit Meetin 1.3 Work PlaniGPU Overview Meetin s with Cit Staff 1.4 Meetin with Workin Grou Fees/Reimbursable Ex enses $'s $ 14,700 $ 2.250 I '. -. .. . 2.1 Review Data, Re rts, Studies, etc. 2.2 S nthesize 0 rtunities and Constraints 2.3 Meetin with Ci Staff Teleconference Fees/Reimbursable Ex enses $'s $ 11,600 $ 2,000 I . .. ' 3.1 Pre are Prelimina 1m lications for Janua 2004 Worksho 3.2 Formulate Com arative Anal sis of the 1m lications 3.3 Meetin with Cit Staff/Workin Grou Fees/Reimbursable Ex enses $'s $ 20.500 $ 1,300 'I . ' " II' 4.1 Meetin with Ci Staff Teleconference 4.2 AttendlPartici te in Worksho Fees/Reimbursable Ex enses $'s $ 2,300 $ 250 I . ,. 5.1 Conduct Interviews u to 40 5.2 Document Interviews 5.3 Meetin with Ci Staff/Workin Grou 5.4 Establish Steerin Grou Fees/Reimbursable Ex enses $'s $ 38.300 $ 4,650 . I . . 6.1 Com ife Baseline Data for the Desi nated Ota Ranch Site 6.2 Pre are Ma s 6.3 Meetin with Cit Staff Teleconference Fees/Reimbursable Ex enses $'s $ 18,500 $ 1,000 I . .. - .. 7.1 Pre are In uts for Visionin 7.2 Meetin with Ci Staff/Steerin Committee 7.3 Presentation to Cit Council Fees/Reimbursable Ex enses $'s $ 17.800 $ 1,500 : I ,. ... 8.1 Research Models 8.2 Anal ze Models 8.3 Meetin with Cit Staff/Steerin Committee 8.4 Or anize/Conduct Site Visits 0 tional, not included 8.5 Meeting with City Staff/Steering Committee to Review Site Visits (Optional, not included) Fees/Reimbursable Ex enses $'s $ 17,200 $ 1,000 STRATUS/EIP Page 1 b-/3 City of Chula Vista Otay Ranch Higher Education Site Cost Proposal December 23, 2003 Reimbursable Task Description Fees By Task Expenses By Task 9.0 Develop Campus/Technology Park Site Plan Concepts 9.1 Develo Assumatlons 9.2 Prepare Conceptual Site Plans 9.3 Intemal Team Worl<sho 9.4 Charette with Citv Staff/Steerino Commiffee Fees/Reimbursable ExDenses S's $ 24,900 $ 2.150 II 0 o. 0 . 0 10.1 Develof) ProQram with Citv Staff Fees/Reimbursable ExDenses S's $ 11,200 $ 1.000 I 0 0.. ' 0 " 11.1 Test AQainst Vision, Goals and Obiectlves 11.2 Test AQainst Phvsical/ReoulatoN Constraints 11.3 Prepare Position Paf)er 11.4 Meeting with Citv Staff/Steerino Commiffee 11.5 Presentation to Citv Council Fees/Reimbursable ExDenses S's $ 29,700 S 1,500 I 0 0 0 ... 12.1 Review General Plan for Consistency - City Staff anI 12.2 Recommend RevisionslDralt New Policies 12.3 Meeting with Citv Staff Teleconference) 12.4 Presentation to Citv Council Fees/Reimbursable ExDenses (S'sl $ 7,300 S 250 0 ." - 13.1 Develof) Strateoies end Resource Needs 13.2 Meeting with Citv Staff/Steerino Committee Fees/Reimbursable ExDenses IS's) S 11.900 $ 750 . .' ., - 14.1 Dralt Final ReaortiPowerPoint Presentation - Format TaD 14.2 Review with Citv Steff 14.3 Finalize ReaorlfPowerPoint Presentation 14.4 Presentation to Citv Council Fees/Reimbursable ExDenses S's $ 21,800 $ 2,750 Total Fees/Reimbursables $ 247,700 $ 22,350 Grand Total I~ 270,050 IContingency Budget (Optional, not included) $ 25,000 I STRATUS/EIP Page 2 COUNCIL RESOLUTION NO. 2004-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT TO STRATUS, A DIVISION OF THE JCM GROUP, TO DEVELOP A HIGHER EDUCATION RECRUITMENT STRATEGY AND APPROPRIATING $270,050 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR THE DEVELOPMENT OF A HIGHER EDUCATION RECRUITMENT STRATEGY WHEREAS, the City Council has established a policy to attract a first-rate college or university to a 1 ,247-acre site in Otay Ranch; and WHEREAS, to achieve its Economic Development Strategy goal to "Promote Educational Excellence," the City of Chula Vista wishes to retain a consultant to assist it with the preparation of proven positioning goals and a higher education recruitment strategy; and WHEREAS, the Community Development and Planning Department staff conducted a selection process which concluded in November 2003; and WHEREAS, STRATUS, a division of The JCM Group, was one of the consultants who submitted a proposal to provide professional services; and WHEREAS, it was determined that STRATUS possesses extensive expertise in advising public and private entities regarding the development of higher education campuses and was the best suited to assist the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the consulting services Agreement between the City of Chula Vista and STRATUS, a division of JCM Group, for the development of a higher education recruitment strategy. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2003-2004 budget by appropriate $270,050 from the available fund balance of the General Fund to the Community Development Department budget for the development of a higher education recruitment strategy. Presented by Approved as to form by D a.- t. t-h-- Laurie A. Madigan Ann Moore Director of Community Development City Attorney J'ICOMMDEV\RESOSIO1-20-04IRESO - COUNCIL UNIVERSITY doc fo-¡r: THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Va.- ì . d Ann Moore City Attorney Dated: January 28,2004 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STRATUS, A DIVISION OF THE JCM GROUP, FOR CONSULTING SERVICES RELATING TO THE DEVELOPMENT OF A HIGHER EDUCATION RECRUITMENT STRATEGY (p Agreement Between City Of Chula Vista And STRATUS, A Division OfThe JCM Group For Consulting Services Related to the Development of a Higher Education Recruitment Strategy This agreement ("Agreement"), dated February 3, 2004 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Whereas, Consultant submitted a proposal to provide professional services as required for the development of a Higher Education Recruitment Strategy; and, Whereas, City desires to retain Consultant to assist the City with the preparation of proven positioning goals and a higher education recruitment strategy, to achieve its Economic Development Strategy goal to "Promote Educational Excellence"; and, Whereas, Consultant possesses extensive expertise in advising public and private entities regarding the development of higher education campuses; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) 7 Page 1 ...- Obliqatorv Provisions Paqes NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A. Paragraph 11 (C), unless a separate Page 2 ~ -I¡{ fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. &-/1 Page 3 H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City Page 4 ~ 0 A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. Timely payment of Consultant's invoices is a material part of the Agreement. If Consultant's invoices are not paid within sixty (60) days of submission, Consultant may, at its sole discretion, stop work until the past due invoices have been paid, at which time Consultant shall resume work. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages Page 5 to-]! The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Page 6 - Fair Political Practices Commission. and has determined that Consultant does not, to the best of Consultant's knowledge, have. an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. Page 7 7.1 Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend. indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 7.2 Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions ofthe Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify, defend and hold harmless shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in Page 8 expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A. Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. Without obtaining City's express written consent, Consultant may use the Project name, Project description, and any non- technical and non-professional public documents it produces to facilitate Consultant's future marketing efforts. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or ~-2~ Page 9 representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as iffully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall, if requested by City, include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real Page 10 ~- '" estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing lawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. (next page is signature page) ~-)7 Page 11 en,. Lv. L"".- . J L'" c" " _u" Signature Page to Agreement Between City of Chula Vista and STRATUS, a division of The JCM Group For Consulting Services Related to the Development of a Higher Education Recruitment Strategy IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,200- City of Chula Vista By: Stephen Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: STRATUS, a division of The J~Group By:~Æ~ Richard Gartland, Chief Financial Officer Exhibit List to Agreement (x) Exhibit A. Page 12 Exhibit A to Agreement between City of Chula Vista and STRATUS, a division ofThe JCM Group 1. Effective Date of Agreement: November 19, 2003. 2. City-Related Entity: (x) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a () Other: , a [insert business form] 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: STRATUS, a division ofThe JCM Group 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (x) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 6420 Wilshire Boulevard, Suite 1800 Los Angeles, California 90048-5502 Voice Phone (323) 651-1776 Fax Phone (323) 606-4248 Page 13 ~-J. 9 7. General Duties: The Consultant shall provide consulting services related to the development of a Higher Education Recruitment Strategy. Consultant shall develop recommendations for positioning goals and drive consensus among key department staff on these goals. Consultant shall make recommendations about future recruitment strategies and activities and, if appropriate, utilizing outside resources to complement or add to those of the internal staff. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Project Kickoff Consultant will meet with City Staff to organize the project; identify appropriate Staff resources; determine the consultation/communication process with Staff, Working Group, Planning Commission, and City Council; and determine schedule constraints and engagement deliverables. Tasks will include: . Meetings with Staff . Confirm work plan . Identify key leaders for interview . Recommend alternatives for public participation Review Background Materials Consultant will review pertinent background baseline data, reports, studies, and other materials that may influence the development of a higher education institution and technology park on the designated Otay Ranch site; and identify critical issues and planning assumptions. This will encompass: . Population and socio-demographics . Workforce characteristics . Economic Development Strategy . Housing (including affordability) . Transportation and infrastructure . Environmental resources . Policy and regulatory documents (General Plan, zoning ordinance, MSHCP, etc.) . Environmental Impact Reports . Issue Papers prepared by other consultants, including Campus Master Plan prepared for Otay land Company Review General Plan land Use Options and Evaluate Implications for the Development of the Higher Education Site and Regional Technology Park Consultant will meet with City staff and review the land use options that have been formulated for the updated General Plan and identify critical assumptions and analyses that Page 14 ~-3 may be related to and affect the development of the proposed Higher Education site and technology park. Factors to be considered by Consultant will include: . Land use designations (type, density/intensity, other) including those for non-higher education uses such as commercial and residential uses. . Net land area designated exclusively for Higher Education and related purposes. . Lands designated for "spin-off" or "supporting uses," include Research and Development uses. . Development capacity of the EasUOtay Ranch planning sub-area and comparison of this with SANDAG's regional growth and housing needs forecasts. . Anticipated mix of housing units (single-family detached, attached, multi-family, etc.) and, if available, housing prices. . Amenities proposed for the EasUOtay Ranch planning sub-area that may be used to attract the development of a higher education facility (parks, open spaces, cultural, "livable neighborhoods," transit-oriented development, etc.). . Transportation Plan, Level of Service standards, and planned improvements (how will the site be accessed?): automobile, public transit, bicycle, pedestrian, truck, other. . Infrastructure Plans (e.g., how will the site be served?) Based on the review of the information provided by staff, Consultant will formulate a comparative description of the implications of the land use alternatives. This may consider such factors as: . Sufficiency of the land area to accommodate a range of higher education facilities. . Sufficiency of the housing supply to accommodate students, faculty, staff, and other populations generated by the development of a higher education institution. (Determined by comparing the subarea's housing capacity with regional growth forecasts. If the housing capacity matches regional growth forecasts, there may be insufficient housing to meet the needs of a higher education facility). . Compatibility of adjoining land uses with a higher education facility. . Accommodation of uses within the planning sub-area and adjacent to the site that can capitalize upon the presence of an adjoining higher education facility, such as a research and development park. . Ability to accommodate transportation access needs for a higher education facility. . Ability to provide infrastructure and public services to support the needs of a higher education facility. . Presence of any use, design characteristic, or other attributes that may uniquely benefit the attraction of a higher education facility. Joint City Council and Planning Commission Workshop on General Plan Land Use Options Consultant will provide Staff with preliminary implications of the three candidate General Plan land uses alternatives on the development of a higher education facility and technology park at the proposed Otay Ranch site for presentation at the Joint City Council/Planning Commission workshop. Consultant will be available as a resource to the Page 15 & -3/ meeting to render expert opinion on higher education and campus planning and development. The detailed evaluation will be conducted during the "Testing Phase" of the General Plan Update process, following approval by the City Council of the proposed alternatives. Stakeholder Interviews Consultant will conduct up to forty (40) interviews with key community stakeholders to understand their perspective on the development of higher education institution and technology-park on the Otay Ranch site, as well as perceptions of critical obstacles and issues associated with such development. Questions will be posed regarding a variety of topics, and may address the type(s) of institution(s) to be attracted, its physical "fit" with surrounding land uses (an "island" or integrated development), the character and urban form of the site's physical development, desired induced economic development benefits for the community (e.g., incubator or research and development industries), role of the institution in fostering community culture, social well-being, and activity, and other related topics. The input will be reviewed for its implications in defining the higher education models to be considered and physical site planning parameters. Following the interview process Consultant will work with Staff to establish a Steering Committee comprised of existing Working Group members supplemented by key stakeholders identified through the interviews. Site Analysis Consultant will compile baseline data for the designated Otay Ranch site from available reports, studies, and other sources and evaluated for its implications for the development of a higher education facility and technology park. Representative data, as available, will include: . Existing land uses on the site and adjoining properties . Entitled and planned land uses on adjoining properties . Existing policies and regulations that may affect the development of the site (including the MSHCP) . Plant and animal habitats, including those that are protected through the MSHCP and conservation and open space agreements . Topography . Hydrology and drainage patterns . Geologic and soil constraints/limitations (faulting, landslide, liquefaction, etc.) . Existing noise sources that may impact the site . Wildfire hazards . Existing and proposed circulation network (automobile, truck, public transit, bicycle. pedestrian, equestrian, other) . Existing and proposed water, sewer, energy (electricity and natural gas), storm drainage, telecommunications and digital, and other infrastructure . Other material factors Page 16 &-3~ One to three maps will be prepared, using traditional techniques rather than GIS that document development constraints based on the preceding research. Using this information, development "envelope" prototypes will be formulated that indicate the possible location of buildings and the resulting development capacity of the site will be calculated. This will be prepared in collaboration with BMS Design Group. Vision, Guiding Principles, and Interconnected Themes Formulation of the Vision, Guiding Principles, and Interconnected Themes for the higher education institution and technology park will be a collaborative process between Consultant and the Steering Committee. Consultant will provide input regarding: strategic links both internally and externally to the City; potential programs and services to be provided; and economic and physical development of the site and surrounding community, particularly focusing on policy components that are related to the City's General Plan. This may address: . Functional role of the higher education facility . Functional role of the regional technology park . Site development opportunities/constraints . Economic development opportunities . Land use inter-relationships . Physical form and character . Sustainability . Community amenities . Relationship to local and regional transportation systems . Relationship to natural resource and other open space systems . Other material issues Identify Structural Models Consultant will conduct research to identify two to three (2-3) campus/technology park models consistent with the City's vision and goals (number of models determined by City), and the vision, guiding principles and interconnected themes set forth by the Steering Committee, incorporating national benchmarks and best practices. The City may elect, at additional cost, to have Consultant organize and conduct site visits to identified models. This would likely involve a core group of the Steering Committee. In consultation with the Steering Committee, Consultant will identify two (2) models for further study and evaluation. Develop CampuslTechnology Park Site Plan Concepts Consultant will develop two (2) general conceptual site plans/campus layouts based on the preferred and/or feasible models identified in the "Identify Structural Models" Task set forth above. The conceptual site plans will identify major land use zones and interrelationships within campus boundaries; relationship to surrounding land uses; circulation/access corridors - vehicular, bicycle, pedestrian, transit; and summarize planning assumptions (enrollment, density, development capacity etc.). Page 17 ~-33 Public Participation Process Consultant in consultation with Staff will design (only) a public participation program to further test the concept(s) choosing from a variety of techniques such as: community "coffees," public forums/workshops, focus groups, and/or children's and youth programs which utilize the local school in which the children become the conduit to their parents; as well as meetings with the Working Group/Steering Committee, Planning Commission, and City Council. Evaluate CampuslTechnology Park Concepts Consultant will test concepts against vision, guiding principles, interconnected themes, and goals and objectives; and evaluate the implications of the defined concepts for the surrounding Otay Ranch area and greater Chula Vista community. Consideration will include: . Land uses 0 Required land area and physical configuration 0 Compatibility and inter-relationships with adjoining uses 0 Types of land uses needed to support the institution, such as student, faculty, and staff housing 0 Types of new land uses induced by the development of the institution 0 Uses and amenities required to attract the development of the institution 0 Community character (in consideration of function, intensity of activity, academic mission, physical form and character, etc.) . Transportation and infrastructure 0 Transportation systems and networks required to support the development of the institution (streets and highways, public transit, other) 0 Utility infrastructure (water, sewer, storm drainage, energy, telecommunications) required to support the development of the institution (e.g., specialized infrastructure for the institution's research functions) . Public services 0 Required to support the institution (police, fire, governance, library, cultural, recreation, youth services, other) 0 Potential public service benefits and joint partnerships with the institution . Environmental resources 0 Impacts on plant and animal communities, air quality, and other natural environmental resources 0 Opportunities to capitalize upon the site's and region's environmental resources At the conclusion of the evaluation a position paper which summarizes the findings of the evaluation of both concepts will be produced by Consultant. Implications for the General Plan The City of Chula Vista's General Plan goals, policies, and programs will be reviewed for their consistency in accommodating the preferred campus/technology park concept(s). Where conflicting, Consultant shall recommend policy revisions and, where absent, new Page 18 ~- policies will be drafted for the City's consideration. This will encompass both textual and mapped policies. Implementation Strategies Consultant will prepare a set of implementation strategies and resource needs - a "road map" to advance the selected campus/technology park concept(s). The strategies will address the following steps: . Marketing/recruiting educational, corporate and civic partners . Physical master planning and entitlements . Deve lop me nt/Co n st ru ctio n . Operations Final Deliverables Consultant will prepare a final report that summarizes the process and findings related to this engagement; a PowerPoint presentation will also be provided, which can used to communicate with internal and external audiences about the campus/technology park concept(s). Status Reports After this Agreement is executed and until its term has expired, Consultant will provide a weekly oral status report on the project's progress. Any outstanding issues associated with the project shall be discussed by both Parties at that time. Consultant also agrees to attend a monthly-scheduled consultant/client meeting in which issues and the project's progress will be discussed in greater depth. B. Date for Commencement of Consultant Services: (x) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Project Kickoff Due date: December 10, 2003 Deliverable No.2: Review Background Materials Due date: January 30, 2004 Deliverable No.3: Review General Plan land Use Options and Evaluate Implications for the Development of the Higher Education Site and Regional Technology Park Due date: February 27, 2004 Page 19 - Deliverable No.4: Joint City Council and Planning Commission Workshop on General Plan Land Use Options Due date: January 14, 2004 Deliverable No.5: Stakeholder Interviews Due date: February 13, 2004 Deliverable No.6: Site Analysis Due date: February 20, 2004 Deliverable No.7: Vision, Guiding Principles. and Interconnected Themes Due date: March 9, 2004 Deliverable No.8: Identify Structural Models Due date: March 26, 2004 Deliverable No.9: Develop CampusfTechnology Park Site Plan Concepts Due date: March 26, 2004 Deliverable No.1 0: Public Participation Process Due date: April 30, 2004 Deliverable No.11: Evaluate CampusfTechnology Park Concepts Due date: May 21, 2004 Deliverable No. 12: Implications for the General Plan Due date: May 21, 2004 Deliverable No. 13: Final Deliverables Due date: June 30, 2004 D. Date for completion of all Consultant services: June 30,2004 (except attendance at public hearings which could occur after this date) 9. Insurance Requirements: (x) Statutory Worker's Compensation Insurance (x) Employer's Liability Insurance coverage: $1,000,000. (x) Commercial General Liability Insurance: $1,000,000. Page 20 ~- " (x) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). () Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: Not applicable 11. Compensation: A. ( ) Single Fixed Fee Arrangement. B. ( ) Phased Fixed Fee Arrangement. C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required. City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (x) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for Two Hundred Seventy Thousand and Fifty Dollars ($270,050). which includes all Materials and other "reimbursables" ("Maximum Compensation"). RATE SCHEDULE Hourly Rate $200 $200 $175 $175 $150 $150 $140 $110 $110 $95 Page 21 ~-~7 Gra hies/Clerical STRATUS Staff Person Gra hies/Clerical BMS Staff Person (x) Hourly rates may increase by 6% for services rendered after December 31,2004, if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) None, the compensation includes all costs. Only Reports, Copies, Travel, Printing, Postage, Delivery, Long Distance Charges, and Other Identifiable Direct (no overhead) Costs shall be reimbursed. The out-of-pocket expenses shall be reimbursed at a rate not to exceed the direct cost of the expenses, plus a 10% administration fee. In any event, the total amount of out-of-pocket expenses that will be reimbursed shall not exceed Twenty-two Thousand Three-hundred Fifty Dollars ($22,350). 13. Contract Administrators: City: Gustavo Perez, Senior Community Development Specialist Community Development Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Telephone: 619.691.5047 Fax: 619.476.5310 Email: gperez@ci.chula-vista.ca.us Consultant: James Hawkes, Vice President STRATUS, a division ofThe JCM Group 6420 Wilshire Blvd Los Angeles, CA 90048-5502 Telephone: 323.606.4079 Fax: 323.606.4248 Email: jhawkes@stratus.nu 14. Liquidated Damages Rate: N/A None Page 22 -3 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. () FPPC Filer ( ) Category No.1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. (x) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: None. 16. () Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: EIP Associates BMS Design Group 18. Bill Processing: Page 23 9 A. Consultant's Billing to be submitted for the following period of time: (x) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing ( ) First of the Month ( ) 5th Day of each Month (x) End of the Month ( ) Other: C. City's Account Number: 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ () Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: None ( ) Retention Amount: Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Page 24 t,-I(O COUNCIL AGENDA STATEMENT Item 7 Meeting Date FAhrmll:Y 3, 2004 ITI;M TITLI;: PUBLIC HEARING: Regarding the Proposed Assessment of Certain Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Owner Occupied Parcels of Land and Placement of Delinquent Charges on the Next Regular Tax Bill for Collection RESOLUTION No. Assessing Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Owner Occupied Parcels of Land and Approving Placement of Delinquent Charges on the Next Regular Tax Bill SUBMITTED BY: Director of Financerrreasurerl~ REVIEWED BY: City Manager&J~ !ì¡1.l (415ths Vote: Yes _NoJL) In order to adequately protect the City's interest in delinquent sewer service charges and insure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff is recommending approval for liens against affected properties as a preliminary action to replacing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment be received on a more timely basis. This is the identical process approved by City Council since August 1998. RECOMMENDATION: That Council open the public hearing to consider assessing delinquent sewer service charges as recorded liens on the affected properties, consider all testimony and adopt the resolution overruling all protests and assessing these charges as liens upon the respective owner occupied parcels of land. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty days delinquent. At the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City 7..-/ Page 2, Item- 7 Meeting Date FAhrwu:y 3, 2004 Council adopts a resolution assessing such amounts as liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. Because charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection. If the City were to address these delinquent charges only once a year in August, the effectiveness of using the property tax bill as a means of collection would be significantly reduced as the owners of record in August would not necessarily be the people responsible for the delinquent charges. In cases where the properties are sold or transferred, assessing liens midyear holds the correct parties responsible for the delinquent charges. In cases where the property owners choose to refinance their mortgages, the midyear liens would ensure the City receiving payment in a more timely manner as the delinquent charges would be paid through escrow during the refinancing process. In July 2003, City Council approved liens for 199 delinquent sewer service accounts valued at $81,500 to be forwarded to the County for collection on the next regular property tax bill. Staff has currently identified 227 owner occupied accounts totaling $58,969 as being over 60 days delinquent (listing available at the City Clerk's office). Many of these property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid. These property owners have been notified of their delinquencies, and last month, they were notified of the public hearing and were asked again to pay their delinquent sewer service charges to avoid a lien being placed on their property. Payment arrangements will be set up as needed, and staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration as soon as all payments are recorded. Staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective owner occupied parcels of land and ultimately placed on the next regular tax bill for collection. FISCAL IMPACT: By placing delinquent sewer service charges on the property owner's regular tax bill, $70,400 in additional sewer fund revenues were collected in FY02-03. For FY03-04, an estimated $72,000 in additional revenues should be realized using this collection method. 7- J-- RESOLUTION NO.2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, Chula Vista Municipal code section 13.14.150 allows for delinquent solid waste service accounts to become a lien upon the affected property served and also charged to the property owner on the next regular tax bill as a special; and WHEREAS, the ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty (60) days delinquent; and WHEREAS, at the hearing, the City Council considers the delinquent accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council; and WHEREAS, these property owners have been notified of their delinquencies, and of the public hearing, and asked to pay the delinquent sewer service charges prior to said hearing to avoid property liens; and WHEREAS, staff is recommending that the City Council approve the final listing of delinquent sewer service accounts as submitted and that these charges be forwarded to the County for recordation as a lien and placement on the next regular tax bill for collection; and WHEREAS, any delinquent accounts that are cleared prior to February 3, 2004 will be removed ftom the list prior to the submittal of these charges to the County. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby (I) overrule any and all protests or objections presented at the public hearing and (2) approve, with respect to the delinquent account list presented by staff and on file in the office of the City Clerk, assessing delinquent sewer service charges as recorded liens upon the respective owner occupied parcels of land and the placement of such delinquent charges on the next corresponding regular tax bill unless cleared prior to February 3,2004. Presented by Approved as to form by U~ 7. H--- Maria Kachadoorian Ann Moore Director of Finance City Attorney J:\attomeylresolsewerlSewer delinquency 04a.doc 7-3 08c-23-2003 11 :23am From-SULLIVAN WERTZ McDADE & WALLACE 819-2330-0107 H04 PO02/002 H2S :L f.v~ I;:¿ loAit S. Moot 785 River Roc( Ch~11iI Vi!ltlil, CA 91914 (619) 838-6668 December 22, 2003 Hon. M&yor and City CoW1cilmembers City of Chula VisU\ Ch~l& VisU\, CA Dear Honorable Mayor and CoLlncil: Over the past few years me City Council has raised concerns ¡¡bout the City's Campaign Contribution Ordinance ("CCO"). To address mose com:ems me City CoWlcil appointed a committee: comprised of CoWlcilmember Patty Davis, two representatives of the Charter Review Commission, one represe:ntative of the Emics Commission and myself The Charter Review Commissionappoinœd Ch<'l)'1 Cox an¡:j Almida Mllrtin del Campo ap.d the Ethics Commission appointed Ricardo Gilbert to participate in the committee On behalf of the membe:rs committee, ¡hank you for the opportunity to review and suggest modific¡¡lions 10 the CCO The committee has met over the past few months to review and revise the ordinance. Duriog the course of our meetings and discussions several recommendations were proposed to simplify and clarify the CCO. These recommendations inclll¡:je increasing the contribution limit&tion to $500 in the gener&1 and special election each; to allow contributions ftom indivi¡:j~]s only; to provide a waiver of contribution limits for an oppOnent if a candidate 10!lnS or gives himselfowr $1 0,000; an¡:j the retention of special coWlsel to review an¡:j pursue allege¡:j violations uf the ordinance. We beJieve the recommeneled modifications to the CCO will result in an orelinance that is easier for both cilllJidates anel mose cbarged with interpreting and enforcing it to use, while protecting the integrity of the election process. We believe we have accomplishe:d what was requested of the committe" and are ple¡¡seel 10 presem a draft ordinance for YOllr review. ,<;~ ~~-/ ~ §1 ~ b:J.Q 0 Q' ~ § ~~ ~ g ~ '" t:g' s 0: S =-. ?S ~ i!5 :; § 3 g ~l' ! ; ge: 0 0:::> ;::;. i & ~ ~ '" [ R 5' n ::> ~ '" ~ n g > f ~s~<n~<s'n ~c Z z~ ~ 5" ,,' "5';::;,"" õ'<;::;.' £.öõ' 0 0 '" ... > "i!J.-,< g -,,'< ;::;"n ~ ~;=> '"I:ì 3~.~an-.aa> _.~ > >0 ~ 08."õ'0e:..5'-'~ £'" ~ ~o ~ ;:t::>:::'::>o:n::><reS -0: ~ ~ ..... ::>"<3"'::>0"'(;'3 ~(i! (i! (i! C':J [/)õ'., ¡J.o: 0" g,., g; g; 0... ¡;-'< -::>""< 0'" "" tT1...c, o:>ê:.Sf '8r£ ~~o §(i! ~ ~ l'o " 0 ..... 0.0 ?' 0"" ~.g "'Œ >E. ""ê ...., c::; g", g" ~ (i! > l' _. ~ 8. 0: 0 ~ ~ _. < "" ~ ~ ..... 2. ~ '" (;' ~ ~ Z ¡; ~ ~ = > g. g. ~ ~ z %" ~ n trj £~'~QD~g~'8g.~'D~~§Q g~'b~~~=~ n ~Œ~§Q~~~~iŒQ&¡Ë~ ~Ë§*g§s~nO "~n"'>"'- n-.=->o-.::> a-O:...,.,nS::ro.....~ ~'~',,~=e:..!.(i!So~'=,,(;'s~ c~a'~s'o:::, 2... "ê.c 3o:.:.;:tZ'f:L~ ag ~¡:;.", g.§ 3 s~ ¡:;:¡r l""I:ì a§;:f """'(i!~a-S.g,, ~.gg "§nggJJ~» a '" n '< ð (;> '" '< < .., '< ~.., ~ :::-. ~ 03 " ;¡ 0 õ' < '%J "Sos ., ~gcŒ~~ "~3 S'" ~!.....,.., -~ """ "'õ1'" -'~00 '<-.0 -.c3ci""~ [/)", g ., 3 15 ~ ~ õ1' i!J. ~. '" Œ '" ~ (i! ~ S'. "c " 0 >- ..,. fjj"§..., s""s~::I..,g" ~8..~ gCi=-. n" >0 _. '< ~ 0 '" ~ (;' c 0 õ'.,::r ~ ¡;;. 0 =-." ~... fjj"", "'~~s>~(;'~ ..",§ s=~ §~ g...c, g,(!¡ .g"'õ"'=êJ õ~~ "-3' 5' ~~ & "Z'3ao~ Z"" 5.-." "... § §'6"!~ 5.~ s'~ g g> -- '<"'< "'0 ~ '"'3 . z= ~'1g.Qg.~'Q ~~Q¡~Q~n~b ~=~ ~ -'",-0:-",< '"510""'0"§§_.., nsoon -c"""'" '" ~o ~ ~~" ~ ..... '< " =-. '" =-. =-. > 5.:g::l.,,:g::l. 3 5:' '" õ' 0 2 ~;§~§<re8 "'§[e:..§[~a & ~~ l' ~~"'~~(;'8 i"5'~"5.~n ,,' 0'" > i¡f~;:~g~ ~;:t~§§.~B"¡'¡ ;: ~@ < ¡J."'-,~§",~ "g,-3' "",-'::>,< 0 i!J.n UJ e:..B.~~."a~ e:..n_. £2.~g 8 . 8.. >- n3Œ"~~,,, Z'§fjj" "fjj"o~" S' > g S'=-.~....,n" "~,,, g,"'"O'" q ~ ~ ::>e:..<re§.g'1ts ~5:¡¡; g-¡¡;g~ 5' ., ::;; ~<z(;'~" ~i (;'i 0 S "'.g ,... g :: ê: §. ~ 5. 3 5. §.. g' r§. ~ g,¡£ - 5"8.. ~8.. <Z "8.. " " ~ - ~ '" f -;?- ~ §1 ~ b:j ~ õ Õ' '" § a = ~ ;:¡ g, 00 ~ ~ ~ '" ~ _. c ! ~ ~ a~. ñ ;;>.. ~ ;, § 3 S ~ ~ ! ~ 8 §' ~ ã ;:l ;::" ~ ~ & " c g g. n = ~ 00 ~ n § > iF t1(")"OO"'O""Oi:;-"n E,(")::rno.."'(")trQn"~"'" ';¡ " -'::1°'0""""" 0", -"'-~"""'::Þ"""","'_ov> ~ 0 ~a';:l'OÕ'o..~'O;:l= ~= =;;?;~=~=2..:g;;>..g(")- ....",_.'" 0.. 0.. 0..' 0.. 0.._. . .~ ::1._.::1.°""00......::1.-. "'-. _. "'-';;1-'0..°::1'0° > Bi[~~gs'~[i ~iai [i;ia~[oc - ;> -.;:l",-.trQs-.", §"""'" -",-"",,=_.~z,..., ;:t'Oo_."ct=_o ;:;; õ',,¡J¡ ~trQ°S'>-ì "1 og:..oog.o..~2'=B ¡¡BaB =§~.B g~~-< z ~~§'8?~.~'2..~'< ;'<0'< ~o§,< °8[0 0 '<;;;';::"- õ"'oo....= §=;:¡" -='0;;1 :g"s,'Tj ooooS .... "'¿ "'0 ",°_° 0-....-. Oo-~ Š - -=..,-- --::r- ,<-.00 a"' ~ trQ oo..;::,.::r", -""'õ "'a",g'" ~. "';> g ~ ~2'~§~ 2[~§ og8~ ~§.=z - ¡J¡ ° o..2..¡;,~g ?trQ- c-tj'O= ~§' ~ Z '" Ei '" 00 0 0.. '" g g - ::1.3 "", t11 ..... ct - '<a 00 "Oena~ ::roo I:) "... 0.. 0.. 00"'0"" g ~§",Õ' o Z ~ ~ ~ g 0 ~~ .... n trj ;:;;igDS.i~S'D z ~~ ~Q ~ n 8'0 e-.:::'d'a "'d-< a. ".0 -" ::g 0 ::! ~ § ~ ~. ~ E. ~. ;> 5: g. g ~ ~. (:, ';¡ _."",-trQ_.-trQ;:t 0.. =0 act 0 ~ ig~.~'¡~Q¡~ i '¡¡~;;>.. t11 ~ 0..",00' ",oco", 00 ; 0"':< ~ > B'o..:;!-=",~....,< 8.. ° "';::" n I%: ",~:::.;:¿o..ë>'~~o.. S ",::r o ~ = ::;-.::11" '" ° ° - 3 ~ Z '" '" '" '" ° ë>' ~"O 00 ~ - '" o tJ 'JU ë>'a:::§I'", °'0 ¡J¡ = 2 =;:;: - 0 " _. ::r _. '0 = o C 0 = g. _. t1.., ~. ~ '" o '0 § S' ct - 0.. g o L; §"'~.6ao..ct. ã' - ';¡ -.a-~'Oooo.. _. ¡;o ~ 00 '" a ""::r - '" <§'" §.'e:..:;;; ¡¡ Õ' > 5:~'< "'-0 .... a ~ ~ g. ~ D ~ 8 ~ 8 ~. b cf¿ §' b ~ ~ ~ ~ ~ 8§'~~ -g~~~§~~§ &R gg~ 3="", 5:aa~¡;'ena§oo °õ' 'O'Oc ~:;!¡;'2.. ~g~¡;'õ'a",o..~ == ~~z ~8.." "'::roõ'=a~a~' §" ""~>-ì ::r0"'::1. ¡;;"'....===o" ",B 0.. a ¡J¡",t:o "c~a '" -- ° 00 ~- ""'~ o~ o..ooo-'-a -- ~'" --I:) ~DS' ~§§.~a::r~ og. ;g'>-ì g-<e:.. q>-S:", ~§ ~::11 [,,0 - ;> ¡¡ 03 ¡J¡ Ô. '" q ¡J¡ ~ ~. a Z °;:t" -", :;!-. ",0.. o-~ n°e:.. g 8::: ~~ e-.~ ""'t11 _. 3 ~. = '" ct~." ;> -<"'f)¡ e-. 2.. =§ trQ'(¡ (") '6" i S' '(¡ E¡ ~ N .... ct trQ ~g, 1-3 ~ ~~ b j g ~ ifg § ~ g '1 n -, '" t'"' & !i! å ;¡:' s' S. =- '" .... 8.-. '" " '" - 0 ;? - 0 """, ~ ~ g ~ ~ :;; 8 ê. 9 § g- ~ ~ & . ~ ~ ~ ~ " ~ '" ~ n > f ~D.§OS'OZ~:>O&&O~t'"'~&&~Ca~O&&a~ ~ ~. ¡;¡~'0..:::"<::1.0::;::::.;::¡........§",gg.:=Ó§~"::g:::.'"""",,~,,, D ¡:;: - '< Vi ê.;: '003 . 11 r:J 0.. g." c¡':;? ~ ¡;; 5' 0 0'< 011 6 0 "'C ~"~~(JQ~"o..°o~3::s'a~s.~DS.~~(JQ~&~as'~~ > _.,,- "'0.. '"","'~",-'o ,,~~ O~'" Qñ~3°~;@&~ð~0~§sõ(JQw-§if~~:>~if;t'"' ~ ~_.-C "",......-....'<0"", n'<-c°""",::1.n;::::'<::10 100 "-<"'~§o..~,,,[, r>..§"'oOo"'--'"""sgo",o.,,,'z Z '" D. o..no..",-.~'" ~-o"~"'on", 03"-'" ~:>"'.~ _. n-oN~D. ",Sq So..o..~,<~....",o..,<~O 0 ;::::-"11;:5. ?"....v.--o~Sõ" cr" og,< '<~O'<tI:I g"oo"o- ;:o'O,o.§2..S:",~ ~ê" "' nwo"'tT1 ~ ~~gl~¡;¡ a88õ'<Rê~ -8~ 5. ~::g§5.:> = !.'<~8g~ ~""'o~~-~" ~~~ ~ '<&D.~Q ~ "o~,,~~ ng&-~°t'"'~ ....'" ::g :>....~~~ 2 :::-""gE?~¡f S-g""S~sgê. ~I '? [ario > 0 n,< ....nao-_.o..¡;j "' "'" ;::""v.& ~ "' - ::T"oo",S"'" 0 060.... L., D ' § (JQ .... ,"" ~ n . ~ õi~;:;;~.§~~ ..§~ ~ í(¡ §n gg8~~&- 5.~ - ::g ~O "'o'~og(J:> @S:> "",0 "'~ ~~.[~o.[~ S¡ ~ g~ ~... '" '" ::1. - cr" '" g ~. '" "' -< '" "'C Ó :-: ê. ;. '< 12 ". g 12 ~ 0 ~ > ~"";::::œ[ cr" [ ~.~ "'~ n~o::T ~ ,,~ s~ § ::1. -c 3 ¡:;. - ~:> '" 00 o..S"""'" ::T "'Z 0..0 "'t=rg'<o 1;; ~c õi g~a:11g 9: g- £2 - '" 0 '" '" - tT1 " oo.g?'",s ~ õ'o".iS: §. g~' ~ "0 "'- . - _. ~ ."..- Vi § @ ""3 ~ ~. Q. ~ ~ ~ ~ ~ ",,<- - - 'D ~O~ ~ ~ S ~~~ ~ ~ ~ _. ~ '" '" '" '" § ¡¡;. ~ ~ ~ ~ 3:: § ~ 0.. 0.. 0.. a 8 ;:'8 ~ f35 " ~ [>-ì if Õ' s. 0 n - (JQ '" '" '" S & " '" .... n ~ õ' " w t,tj 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 of Chula 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 return 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 federal law; 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 Armida 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 Enviromnental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) ofthe State CEQA Guidelines the activity is not subject to CEQA. Thus, no enviromnental review is necessary. JAt!orney/Elwll/campo/gn cont,'/butl"" m'd/n"'," tinal ¡Y~ t-5 I NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain: SECTION 1. 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; 8. 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 terms and phrases in this chapter shall be defined as thosc tenus and phrases are defined in the Political Reform Act of 1974, as amended, (Govemment Code, section 81000 et seq.) unless otherwise specified in this chapter. JAttomcy/Ehull/,"",p"!g,, ,o"".!!",'!o" ",d"""", Ii",,! (~ 2 2.52.030 Definitions. A. "Agent" means a person who acts on behalf or 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". 8. "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 election identified by Charter Section 900 which is combined with the State primary election. I. " 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 ftom another person unless such contribution is ftom the person's employer, immediate family or an association to which the person belongs. Neither candidate or treasurer is considered an intennediary. LAtto",cy/Ehull/c""'I";gn contnhu!ion ",.dinan" final ;74 f,1 3 K. "Organization" means a proprietorship, labor union, [urn, 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. 8. The terms of this chapter are applicable to any contributions made to a candidate or committee hereunder, whether used by such candidate or committee to finance a current campaign or to pay debts incurred in prior campaigns.. C. No person shall make a contribution 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 of the election only to the extent that the contribution does not exceed net debts outstanding from the election, and the contribution does 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 subsequent 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. 8. Surplus campaign funds shall be used only for the following purposes: JAttoo"y/Elwll/"mp,ig" "",".ih"ti<m ",<ii"",,," Ii"" TO !Ý t-f 4 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 performance 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, abet, 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. 8. 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. JAtto""yIEh,'¡l/campaign contnbntion oedinancc nllal I:;' -(p g,q 5 I 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 O,dln"nœ Nn - of the City of Chub Vis," bmll> con"lbu';ons to eampalgns 1o, clly elec';" oflke. e"hee to candld",e controlled commtUers nr to ,.cg,tlated Indcpcodent expenditure committees. lu live hundced dalla,s pee eon"lbutn, 2.52.090 Loans. A. A loan or extension of credit shall be considered a contribution ftom the maker of the loan or extender of credit and shall be subject to the contribution limitations of this chapter. 8. 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 terms 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 $1 0,000. D Each opponent of a candidate who has made a loan to his or her campaign pursuant to this section shall be permitted 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 cOlmection with an election campaign unless and until the following conditions are met: 1. 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 JALtnrocy/Ehullicampalgn cOt"ributlon ",dinancc 1i",,1 ¡;;-t1 g - / () 6 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. 8. 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. 2.52.110 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-halfto 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 administrative 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 councilmember 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 Govemment Code section 85201(a) shall be established at a financial institution located in San Diego County. JAttomcy/EIwll/campaign cont,'ibullon ",'dman" linal ~ i-II 7 2.52.140 Campaign Statements. Each candidate and committee shall file campaign statements in the time and manner required by the Political Refonn 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 tenus of this chapter and City Charter, the Clerk shall: A. Supply appropriate fonns and manuals prescribed by the California Fair Political Practices Commission. These fonns and manuals shall be furnished to all candidates and committees, and to all other persons required to report. B. Detennine whether required documents have been filed and, if so, whether they confonn on their face with the requirements of state law. C. Notify promptly all person and known committees 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 current 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 Enforcement Authority in the perfonnance of the 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 ofthis 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 JAlt"mcy/Elwll!canlp,og" 'or",.il",!i"" on1i""",, n,,"1 #-t ¡-í~ 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 ofpeIjury, 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 determination. [fno 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 ofthe 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 review 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 violates 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. 8. 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 determining 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 JAuo",eylEhulllcampa;gn wnt,;but;on m.dinanœ final /~!~/3 9 2.52.180 Severability. If any provision oftrus 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 of this chapter are severable. IIAttomeyIEh"IIIC,mp"gn Cont>.;but;on Oed;n'n" 12 1003 JAttnmey/Ehull/cumpu;gn con".;hcn;oo oni;nan" "",I j#-ff [1-11 !O ~~~ ~..- . '¿-",""--'S" -""'-""'-- CITY OF CHUrA VISTA OFFICE OF THE CITY ATTORNEY January 30. 2004 TO: The Honorable Mayor and City Council VIA: Ann Moore, City Attorney (j{'" . ",\ FROM: Elizabeth Wagner Hull, Deputy City Attorney\Jò SUBJECT: Carnpaign Contribution Ordinance -- .--.-.-- -~-_. John Moot, Chair of the Campaign Contribution Ordinance Committee, has requested that the attached infomlation be included in your packet for Item # 8 on the February 3, 2004 Agenda. 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5037' (619) 409-5823 @P",.C""m"R&yd,dP,p" () () þ~ ~ lJlJQ)lJ Q)lJ () m OlJcÈ~ cÈ~ 0..... ëÞo lJ." () ():J ..... (') 0 CO ""CD CD CD CD ~< =., - :J - :J _. CD 0 ;:a ç~a¡¡; a¡¡; gii3 :J"'O -Q;:3<o 3<0 ~<O -<» Oþ...¿CD ...¿CD g CD CD ~ Z-i<oo <00 en III en m<o- <0- "0 .~ ~-_.o -.--1---. - t---~-~ Z ffl fflffl 0 "T1 0 ...¿ ""'Z ...¿ <0 ?,-....I~m (¡J 0 O).þ.oo S-J1 ~ ffiãl 0 ...¿ 0 00 c ~ 0 00 Z 1---- ----- c----.-- ---- -- -- I-- 0 ffl fflffl ¡:: en I'V I'V(¡J m I'V <0 .þ.(¡J» m I'V...¿ <OI'V"" I'V ...¿.þ. <0<0 0 (¡J 01 (¡J-....I..... 0 .þ.:""" ow<oO .þ. ;:!:. ():) 001<OZ -....J 1-------'<>'- --- co .... ffl fflfflffl rn ~.... 0- I\) en .þ. ...¿O1O)_m .þ. -....I 5" ():) ,-....I "'0 » ...¿ I'V (¡J I'V...¿01""" <0 ...¿...¿ 01 .þ. 01 -. 0 . -....I (¡J 01 .þ. 3 I\) <0 ~ ~ :.-.¡ o:.-.¡ 01 111- 00 ~ ~ -....I O-....l.þ.-< 0 0 - S:O"Tl CJ;u 0 g¡g~ ~~ g ;u::ê:c;¡ ;UO z m~[Tl ;Þz Q z -U};þ ~m r- 0 ~~-i ~(j¡ 0 ;¡¡ ;Þ-i~ ;Þm » ¡¡: -i", -i;Þ Z ID ~~ ~-i!:! m , ~~ C ;0 ~ ... !J! ~ m r- m " -i Õ Z '" '" """ ...0 :"::0> ~g 0'" ...'" 0..... -ëiõ is~ :::~ ; ~ ;; g~ :::j :::j 8~ ~~ .þ. 0> .þ.O) -cg is is isis :g,;, ¡- ~ ~ ;~ ~§ ~¡;\!: :1::::: ~~ 0)",0) to..... -¡¡; is;is i!¡R¡ :g,;, ¡-OJ ","", """ ...'" ~ ."'-~ 0 e ¡¡;8~ ~~ ~~ ~o~ ~~ ¡g:g 0 0 00) , - '" '" ~~ "'g .þ. 0> :...,:..., ~N '" '" .þ.to ...~ .þ. 0> "'to -cg is is is~ :g,;, '" '" '" '" ? 0"'" o~_\!: d æ ~ :g~ ~ ~ ~ t;:g; r- 0000 ~ ? ...; "' n. r> ~ (J)"U GJ"u(J)O IDID"US::J:O »» Om»» O»þ»O» ZO z::O5< ::O::Ozr-::oz OF NS: 00 :J:~~o~o ~ O~ »»~~ »»mOOë c ~~ ~~õ~ ~(J)8~~» z r-(J) (J)(J)^» »~(J)~S:~ m Ioo~ c;¡~~~ -<»;::s:»cn ¡¡; ~~ ~~~~ ~Ó~~Ó ~ ~~ ~ ~ ::O-<O~ m ~ ~ ~ -O~ r-m ~ - ::0 ~ 0 ~ Õ z --- -- - f--- - - f- ---- "" a a I---t-- -- a "" ...."" ~ .,,~ 0> ¡;;-.... '" ....52 1; ~!!: f--+-I-- a , ~~ ~~~ ""~~~ 19i¡j f¿~~ èj~::'~ ~!" ¡þ"~!='!" ¡Þ"¡Þ"¡Þ"!='!"iiliõ 00 ",000 """",00",,"" ogf--"'ooo """",00, '" ðf""", ¡¡f¡¡f¡¡f ""00 ""~ "~....,,, """"""",I!:! _CD 9' "" _CD -'" 50 "" '" '" -~ ? ::. .... ~g¡ -~g:gct ;-,-~-~~g:!!!~ !='c" g!"!='!=' ggg~~~"" a'" 0000 0000.... , 0'1' a a a c9-~-- -- "" ""00 "'~ "" "" "'~"'!!! CX>~ '" CX> ~~-.... aÏ\> "':... a",g¡:::! ~~ ~~~ ~~~~ 00 000 ~O>' r-9r-9 000 ~.... "" "" '" '" "" "" -~~ ~-~-~ ~~ d CD~ "'....'" "'~~ ~~ ~~~ ~~~ a'" 000 ~'" a'" 000 ~CD ~OO~O ~~o ~~Q oo~~o ÞÞÞÞ z zoÞ OO~ ÞÞÞ> ~>gZ 0 ÞZ~ ~Om >g~z ~oo~g < ~QOO mÞQ oo~~2 Þ~Þc m ~m~ OzzzO ~>ÞC oo~~> ~ ~oo ~~oo> ~ ~ð~rn ~ ~~S ~~~ ð~~rn ~ d~O ~ ~ ~~~ ~o~ z ~ ~ g ~ ~~~ ~£ ~ ~ ~ ~ ß C m ~ ~ 0 m 3 0 m ~ ~ 0 m z 0 ~ õ z -f--- -¡-- ~-- 0 f- ~~o~ ~ ~~ ~~ o~~ m~~a ~ o~ ~~ ~a~ ~~~~ ~ ~~~ ~~ ~~~ ~~ß~ ~ ~~~ ~~ ~~ô 0 0 0 0"'" ""'--~:9 ----"'---- ~~~~ ~ ~~~ ~~ ~~ ~~ga ~ ~~~ ~? ~a ~~~~ ~ ~~~ 8~ ~~ ~bß~ 6 g~~ ~~ ~~ ..... 0 - 0 0 0"'" NO ------ ~~~g ~ 00 ~~~~ ~ ~~~ ~~ ~~ ¡~~ßß ¡¡~ ~~ß ~~¡~~ 0~~' 000 O~~ mœ0ß~ ~~8 ~~g ggg ~g~ ' ~- - -- ~ ~ ~ - - - ~ ~~~ ~N~ ~~~~~ 8 88m ~~~ m~8m~ 0 OO~ ~~~ ~~oßß 0000 ON , ---¡-------¡--I-- 0 0 0 0 0 ~ - -- ~ ~~ oß ';. ';. ';. _CD ~ -~ ~ ::;: ~ ~~8; NCD gg ?' ?':Þ-~ """ ß~ - -- - -f- g g 8 g 8; g: ¡----'-- -- --- ~ ~~ ~§d ~ ~~~ ~~ d ~~~ ~ ~~~ ~~ ~ CDCD~ f ~~~ ~~ ~ ~g g g~~ g~ CHULA VISTA DEMOGRAPHIC TRENDS Population' Age' Housing 'Income \""~D= \,~5, \~~ .9000 = \73, ss6 POPULATION 2003 2002 2001 2000 1999 1998 1997 1996 1995 Annual Growth 201.210 19'0,9'00 18'1,200 174,319 166,945 162,047 156,148 153,164 149,791 [percentage difference] 5,1% 5.4% 4.0% 4.2% 3.0% 3.6% 1.9% 2.3% 2.2% 2000' 1990 1980 1970 1960 1950 U.S. Census 174,319 135,243 83,927 67,901 42,034 15,927 [percentage difference] 22.1% 37,9% 19,1% 38,1% 62.1% N/A . These estimates are as of Jan 1,2003. SOURCE, SANDAG IDECEMBER 200~ Population Projections tt = 10,000 1950 tt ti .!:,>4> tt tt tt h f!,~ 1970 tt tt tt tt t. tt tt ~~' tt tt tt tt tt tt tt :t t ~~v 'b ~ 1990 tt tt tt tt tt tt tt tt tt tt tt tt tt t1 1;>1 tt tt tt tt tt tt tt tt tt tt tt tt tt tt it tt tt t ~"., 2010 tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt'tt tt tt tt tt tt t ~,?'f} tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt h tt tt"it tt P,,?'P 2030 tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt if t rfi-" '1) SOURCE SANDAGIDECEMBER200' AGE 2003' 2002 2001 2000 1999 1998 1997 1996 1995 Median Age 35.0 34.7 34.4 33.0 32.9 32.8 32.7 32,6 32,1 HOUSING 2003' 2002 2001 2000 1999 1998 1997 1996 1995 Units 66,54' 0 64,440 61,178 59,333 57,344 56,250 55,258 54,438 53,512 Persons Per Unit 3.08 3,07 3,05 3.04 3.01 2.98 2.92 2.90 2.89 INCOME II II II III "" ', Median Household $49,065 $47,822 $46,580 $45,338 $44,200 $42,515 $41,195 $39,167 $36,328 [percentage difference] 2,6% 2.6% 2.7% 2.5% 3.8% 3.1% 4.9% 7.3% N/A . These estimates are as of April 2003. SOURCE' CITY 0' CHULA ~STA, SANDAG/MAY2000¡ Community Development Department (619) 691-5047 ~If? www.ci.chuia-vista.ca.us -,.- ~ " ".: CllY Of CHUIA VISfA Community Development DepOitment 276 Fourth Avenue Chula Vista, CA 91910 1619) 6915047 Fax 161914765310