HomeMy WebLinkAboutAgenda Packet 2004/02/24
February 24, 2004
. JI. .__ JU I'I ¡" perþlry that ,..am
. ...... -.. CIIuII VIllI In
L ;1.. :..,......-1-_
.......CIy~..-..- --
.11 H'" on lie W"J~1J .... 1111 . .... ~
AGEND=~EO 1 ./-
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: Min-Jeong Go - Youth Advisory Commission
CONSENT CALENDAR
(Items 1 through 7)
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 ?f January 27, 2004.
Staff recommendation: Council approve the minutes.
2 A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 2.52 OF TITLE 2 OF THE CHULA VISTA MUNICIPAL
CODE REGARDING CAMPAIGN FINANCE REFORM (SECOND READING)
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING SECTION 2.56.1l0(F) DELEGATING TO THE CITY ATTORNEY
ADDITIONAL AUTHORITY IN ENTERING INTO AGREEMENTS FOR THE
RETENTION OF SPECIAL COUNSEL TO ENFORCE SECTION 2.52 OF THE
CHULA VISTA MUNICIPAL CODE (SECOND READING)
The Campaign Contribution Ordinance Committee presented a draft campaign
contribution ordinance to the Council at the February 3, 2004 meeting. At that time, the
Council identified a number of issues with the draft ordinance, and requested the
committee meet again to review those issues. The committee met on February 9, 2004,
and the proposed ordinances reflect modifications designed to address the issues raised.
These ordinances were introduced on February 17, 2004. (City Attorney)
Staff recommendation: Council adopt the ordinances.
3.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING AND APPROPRIATING $17,239 FROM THE STATE OF
CALIFORNIA OFFICE OF EMERGENCY SERVICES TO THE FIRE DEPARTMENT
(4/5THS VOTE REQUIRED)
The Fire Department is a participant in automatic aid agreements with all other agencies
within San Diego County and an agreement for local government fire suppression
assistance to forest agencies and the Office of Emergency Services. The department
provides staff and equipment resources to these agencies on a reimbursement basis, and
has received reimbursement for staff time and equipment usage related to a fire incident
in San Dimas Canyon. (Fire Chief)
Staff recommendation: Council adopt the resolution.
4.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004 FIRE DEPARTMENT BUDGET AND
APPROPRIATING $41,544 TO THE FIRE DEPARTMENT FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND FOR THE COUNTY OF SAN DIEGO
HAZARDOUS MATERIALS INCIDENT RESPONSE TEAM (HIRT) SERVICES,
AND AMENDING THE FISCAL YEAR 2005 SPENDING PLAN BY $41,544 (4/5THS
VOTE REQUIRED)
Since October 1, 1986 the City has participated in a joint powers agreement with the
County and Cities within the County in a regional hazardous materials emergency
response program. The program was designated the Hazardous Materials Incident
Response Team (HIRT). Adoption of the resolution appropriates funds to cover an
unanticipated cost increase in HIRT services. (Fire Chief)
Staff recommendation: Council adopt the resolution.
5.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2004 FIRE DEPARTMENT BUDGET TO ADD
TWO FIRE DISPATCHER SUPERVISORS AND EIGHT FIRE DISPATCHERS,
APPROPRIATING $225,532 FROM THE AVAILABLE BALANCE OF THE
GENERAL FUND, AND AMENDING THE FISCAL YEAR 2005 SPENDING PLAN
BY $521,653 (4/5THS VOTE REQUIRED)
On December 16, 2003, Council took action to appropriate funds to complete necessary
computer aided dispatch interfaces needed to transition fire dispatch services to the City.
Adoption of the resolution amends the Fire Department budget in order to add the
personnel necessary for this transition. (Fire Chief)
Staff recommendation: Council adopt the resolution.
6.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, APPROVING
THE FIRST AMENDMENT TO THE AGREEMENT WITH ALLEGIS
DEVELOPMENT SERVICES, INC., TO PROVIDE CONTINUED OWNER'S
REPRESENTATION SERVICES DURING THE DESIGN AND CONSTRUCTION OF
THE NEW POLICE FACILITY AND RELATED IMPROVEMENTS, CONSISTENT
WITH THE CHANGE IN COMPLETION DATES FOR THE NEW POLICE
FACILITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AMENDMENT
Page 2 - Council Agenda
February 24,2004
On November 13, 2001, the Council approved an agreement with Allegis Development
Services, Inc., to provide Owner's Representation services during the design and
construction of the new police facility and related improvements. The timeframe for
completion of the new police facility has been extended. (Director of General Services)
Staff recommendation: Council adopt the resolution.
7.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2003/2004 BUDGET BY APPROPRIATING $3,193
FROM THE AVAILABLE BALANCE OF THE SEWER FUND FOR THE
REMAINDER OF THE CURRENT FISCAL YEAR FOR COSTS ASSOCIATED
WITH THE RENTAL OF PORTABLE TOILETS, AND AMENDING THE FISCAL
YEAR 2004/2005 SPENDING PLAN TO ALLOW FOR ADDITIONAL
CONTRACTUAL COSTS FOR GENERAL SERVICES (4/5THS VOTE REQUIRED)
Adoption of the resolution amends the budget in order to provide portable toilets for city
staff's use while atjobsites. (Director of Public Works Operations)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
PUBLIC 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.
8.
CONSIDERATION OF APPROVAL OF CHULA VISTA'S PORTION OF THE
REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM
State and Federal laws require the San Diego Association of Govemments (SANDAG) to
develop and adopt a Regional Transportation Improvement Program (RTIP) every two
years in order to continue receiving Federal and State funding. All projects that the City
proposes to fund with Transnet funds must also be included in the RTIP, which currently
covers Fiscal Years 2003 through 2008. SANDAG is responsible for the administration
of the program and the allocation of funds to member cities. (Director of General
Services, City Engineer)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SUBMITTAL OF CHULA VISTA'S PORTION OF THE
REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM TO
SANDAG
Page 3 - Council Agenda
February 24, 2004
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
9.
CITY MANAGER'S REPORTS
10.
MAYOR'S REPORTS
11.
COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M. Brown Act (Government Code 54957. 7).
12.
CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
.
Grippi v. City ofChula Vista (SDSC No. GIC 801393)
.
Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. Nos. A-02-12-27, A-02-12-028, and I 03-03-
016)
.
City of Chula Vista, et al. v. CPUC (Order Nos. D.03-7-028 and D.03-08-076,
California Supreme Court; Docket No. Sl19376)
13.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property:
San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chula
Vista)
City negotiators:
David Rowlands, Jr., Sid Morris, Michael Meacham, Glen
Googins
Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various
representatives)
Under Negotiation:
Price and terms of franchise conveyance
Page 4 - Council Agenda
February 24, 2004
14.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property:
The Chula Vista Municipal Golf Course on Bonita Road and
adjacent acreage owned by the City
Agency Negotiator:
Sid Morris
Negotiating Parties: City of Chula Vista (Sid Morris), American Golf Corporation
(Brian Jackson)
Under Negotiation:
Price, terms, and disposition of lease
15.
CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
.
One case
ADJOURNMENT to the Regular Meeting of March 2, 2004, at 4:00 p.m. in the Council
Chambers.
Page 5 - Council Agenda
February 24, 2004
February 24th, 2004
SUBJECT:
Honorable City Council
Pat1y Wesp fiJ
REQUEST FOR EXCUSED ABSENCE
MEMO TO:
FROM:
As Mayor Padilla is attending the NARC Conference (National
Association of Regional Councils) in Washington, D. C. Feb 20th
thru Feb 25th, 2004, he respectfully requests an excused absence
from the regular Council meeting of February 24th, 2004.
Thank You.
Cc: Chief of Staff Oriola
City Manager Rowlands
City Attorney
City Clerk
~
~~o
°1'ð
-?~ð~
b'~
~~
~þ~
°4'
ORDINANCE NO. -
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING CHAPTER 2.52 OF
TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE
REGARDING CAMPAIGN FINANCE REFORM
WHEREAS, there have been many changes in the law of campaign finance since
the City of Chula 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 Gilbert and the Charter
Review Commission appointed Cheryl Cox and Armida Martin del Campo; and
WHEREAS, the Council accepted a report and draft ordinance from the
Committee on February 3, 2004; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity is not a "Project" as defined under Section 15378 ofthe State
CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
;lA~1
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby
ordain:
SECTION I:
That Chapter 2.52 of the Chula Vista Municipal Code is hereby
amended 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 ofthe City Council in enacting this chapter:
A. To preserve an orderly political forum in which individuals may express
themselves effectively;
B. To place realistic and enforceable limits on the amounts of money that may be
contributed to political campaigns in City elections;
C. To prohibit contributions by organizations and permit individual contributions only;
D. To provide full and fair enforcement of all the provisions of this chapter; and
E. To encourage candidate adherence to election regulations by making them easier to
understand.
2.52.020 Interpretation of this Ordinance.
The terms and phrases in this chapter shall be defined as those terms and phrases are
defined in the Political Reform Act of 1974, as amended, (Government Code, section
81000 et seq.) unless otherwise specified in this chapter.
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".
2
B. "At the behest" means made under the control or at the direction of, in cooperation,
consultation, coordination, or concert with, at the request or suggestion of, or with the
express prior consent of
C. "Candidate" means any individual seeking any city elective office, the candidate's
campaign committee, committee(s) controlled by the candidate, agents of the candidate.
D. "City Campaign Statement" means the statement which, to the extent practicable,
shall be similar to or consolidated with that required by state law.
E. "City Elective Office" means the offices held by members of the City Council and
Mayor.
F. "Contributions" are defined in a manner identical with the definition found in
Government Code Section 82015 and any related provisions in the California Code of
Regulations
G. "Enforcement Authority" means that Special Counsel appointed by the City Council
pursuant to Section 2.52.160.
H. "General Election" is that 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.
J. "Intermediary" means a person who delivers to a candidate or committee or
committee treasurer a contribution from another person unless such contribution is from the
person's employer, immediate family or an association to which the person belongs.
Neither candidate or treasurer is considered an intermediary.
K. "Organization" means a proprietorship, labor union, firm, 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 901, as all other Municipal elections
that may be held by authority of the Charter or of any law.
3
;¡¿~-3
2.52.040. Campaign Contributions. (First of two: Operative uutil November 2,
2004)
A. No person, other than a candidate, shall make a contribution in excess of five
fttlflàrcè àGll!tfs ($500) two hundred fifty dollars ($250) to a candidate for a single
election contest. No candidate shall solicit or accept a contribution in excess of$500250
from a contributor for a single election contest. A candidate may receive up to $500-250
from a contributor in each of the general and special elections.
B. 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 ofthe 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 ofthe general election for that office. A candidate for
City elective office may carry over coritributions 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.
2.52.040. Campaign Contributions. (Second of two: Operative November 3, 2004)
A. No person, other than a candidate, shall make a contribution in excess of five
ftltflà!'cè èoll!tfs ($500) three hwldred dollars ($300) to a candidate for a single election
contest. No candidate shall solicit or accept a contribution in excess of$500300 from a
contributor for a single election contest. A candidate may receive up to $500-300 from a
contributor in each of the general and special elections.
C. 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
4
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 ofthe general election for that office. A candidate for
City elective office may carry over 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.
B.
Surplus campaign funds shall be used only for the following purposes:
1.
To repay contributions
2.
To make a donation to any bona fide charitable, educational, civic,
religious, or nonprofit organization, where no substantial part ofthe
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.
5
¿;{A,-5
C. No candidate shall knowingly accept a payment or contribution made in violation
ofthis chapter.
2.52.70. Contribution in Violation of this Ordinance
A. If a contribution is tendered and would be in violation of this chapter it shall be
returned within three business days of discovery.
B. If a contribution which is in violation of this chapter is received by a candidate,
the candidate shall report in writing within three business days of discovery of the receipt
of the contribution to the City Clerk the facts surrounding such contribution and shall
return such contribution to the contributor within 24 hours of discovery.
C. A contribution shall not be considered to be received if it has not been
negotiated, deposited, or utilized, and is returned to the donor within three
business days of discovery of receipt.
2.52.080 Written Solicitations by Candidates.
Any candidate making a written solicitation for a contribution for his or her campaign for
city elective office shall include the following written notice in no less than six point type
on each such solicitation:
NOTICE
Ordinance No. - of the City ofChula Vista limits contributions to campaigns for city elective office,
eith" to candidate controlled conunittees 0< to regulated independent expenditure committees, to five
hundred dolla.. per contributor.
2.52.090 Loans.
A. A loan or extension of credit shall be considered a contribution from the maker of
the loan or extender of credit and shall be subject to the contribution limitations of this
chapter.
B. The provisions of this chapter apply to personal loans or extensions of credit, but
do not apply to loans made to a candidate by a commercial lending institution in the
lender's regular course of business on 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$W2Q,OOO.
D. Each opponent of a candidate who has made a loan to his or her campaign I
pursuant to this section shall be permitted to solicit and receive, and contributors to such
;2A ~ (;;
6
opponent may make, contributions in excess of the limits contained in Section 2.52.040
of the Municipal Code. The limitation contained in Section 2.52.040 shall be suspended
ITom the date candidate made said loan so that the opponent may receive contributions in
excess of the limitation up to the amount loaned by the candidate. Those contributions
received within or in excess of the limitation shall count toward equaling the amount
loaned.
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 $W20,000.
2.52.100 Notice Regarding Personal Funds.
A. No candidate or other person shall expend or contribute more than $5,000 in
personal funds in connection with an election campaign unless and until the following
conditions 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
candidates. The notice shall be delivered personally or sent by registered mail to
the last known address of the opponent candidates as shown in the records of the
City Clerk and shall specifY the amount intended to be expended or contributed;
and
2. All personal funds to be expended or contributed by the candidate shall first be
deposited in the candidate's campaign contribution checking account. The
required notice shall be given no later than twenty-one days prior to the election.
If the expenditure or contribution occurs during the twenty-one days preceding
the election, the required notice shall be provided within twenty-four hours.
B. Each opponent of any candidate who has complied with the above conditions shall be
permitted to solicit and receive, and contributors to each such opponent may make,
contributions in excess of the limits established in subdivision (a) of Section 2.52.040
of the Municipal Code. The limitation contained in Section 2.52.040 shall be
suspended from the date candidate deposited said funds so that the opponent may
receive contributions in excess of the limitation up to the amount of personal funds
deposited by the candidate in his or her campaign contribution checking account. Those
contributions received within or in excess of the limitation shall count toward equaling
the amount of personal funds deposited by the candidate in his or her campaign
contribution checking account.
2.52.110 Family Contributions.
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
P-A~1
7
contribution. Contributions by a husband and wife shall be treated as separate even if
combined into one check but presented with two signatures.
2.52.120 Prohibition of Contribution in the Name of Another Individual
It is unlawful for any individual, or combination of individuals acting jointly, to make
directly or indirectly a contribution in the name of another individual or combination of
individuals.
2.52.130 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.
2.52.140 Campaign Contribution Checking Account.
The campaign account required by Government Code section 8520l(a) shall be
established at a financial institution located in San Diego County.
2.52.150 Campaign Statements.
Each candidate and committee shall file campaign statements in the time and manner
required by the Political Reform Act of 1974 as amended (Government Code Sections
84100 et seq.). Compliance with the requirements of that act shall be deemed to be
compliance with this chapter.
2.52.160 Duties of City Clerk.
In addition to other duties required of the City Clerk under the terms of this chapter and
City Charter, the Clerk shall:
A. Supply appropriate forms and manuals prescribed by the California Fair Political
Practices Commission. These forms and manuals shall be furnished to all candidates and
committees, and to all other persons required to report.
B. Determine whether required documents have been filed and, if so, whether they
conform on their face with the requirements of state law.
8
;2A-~
C. Notify promptly all person and known committees who have failed to file a
document in the form 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 performance of the duties of the
Enforcement Authority as prescribed in this chapter and applicable state laws.
2.52.170 Enforcement.
A. The City Attorney shall not investigate or prosecute alleged violations ofthis
chapter, but shall defend the constitutionality and legality of this chapter in any civil
proceeding in which the City or the City Council is a party.
B.
Special Counsel shall investigate or prosecute alleged violations of this chapter.
C. City Attorney shall solicit proposals from attorneys in accordance with Section 503
of the City Charter and Section 2.56 of the Municipal Code to act as Special Counsel 180
days prior to a City election. As part of the annual budget process, City Council shall
appropriate no less than $100,000 to fund the retention of Special Counsel. Said funds
shall be separate from the City Attorney's budget and used solely for the investigation
and prosecution of alleged violations of this chapter.
D. City Attorney shall appoint a panel of no less than three attorneys to act as Special
Counsel. Said attorneys shall be compensated by the City and shall serve as the
Enforcement Authority for this Ordinance. Should the appointment of additional
Special Counsel become necessary or appropriate, the City Attorney 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 offacts 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 Attorney within 5 working days of
receipt for a probable cause determination. If no probable cause is determined to exist the
complaint shall be dismissed summarily and interested parties shall be notified in writing.
G. Ifprobable cause is determined to exist, Special Counsel shall take further
investigatory and procedural steps necessary to resolve the matter.
9
dA-cr
H. Violations of this chapter may be pursued either through a civil or criminal action
at the discretion of the Special Counsel. Special Counsel may also commence and
prosecute any necessary administrative proceedings or civil litigation to compel
compliance with the chapter. No enforcement or prosecution or action of Special Counsel
shall be subject to the review or control of the City Attorney or City Council.
1. Special Counsel may investigate and may institute legal action to prevent further
violations. The Special Counsel may decline to investigate ifthe 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.
2.52.180 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.
B. Any person who intentionally or negligently violates any provision of this Chapter
shall be liable in a civil action brought by Special Counsel for an amount not more than
three times the amount the person failed to report properly or unlawfully contributed,
expended, gave or received, or $5000 per violation which ever is greater.
In determining the amount ofliability, 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
2.52.190 Severability.
If any provision of this chapter, or the application of any such provision to any person
or circumstances, shall be held invalid, the remainder of this chapter to the extent it can be
given effect, or the application of those provisions to persons or circumstances other than
those as to which it is held invalid, shall not be affected thereby, and to this end the
provisions of this chapter are severable.
SECTION II: This Ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption except as previously indicated.
Submitted by
Ann Moore
City Attorney
10
;24,10
Chapter 2.52
CAMPAIGN CONTRIBUTIONS
Sections:
2.�2.010 Findines.
�.�2.020 Purpose.
2.�2.030 Interpretation of this chapter.
2.�2.0�10 Definitions.
2.�2.0�0 Limitation on contributions from persons.
2.�2.060 Prohibition of contributions b��oreanizations.
2.�2.070 �1'ritten solicitations b��candidates.
252.080 Retumed contributions.
�52.090 Loans.
2.�2.100 Familv contributions.
2.�2.10� Notice reearding personal funds.
2.�2.110 One campaign committee and one checkine account per candidate.
2.�2.120 Prohibition on transfers.
2.>2.130 Contents of cih� campaien statements.
252.140 Duties of treasurers and candidates.
2.�2.1�0 Duties of city clerk with respect to campaien statements.
�52.160 Audits.
�.�2.16� Repealed.
2.�2.170 Criminal sanctions.
252.180 Injunctive relief.
2.>2.190 Enforcement.
252.200 Severabilin•.
2.�2.010 Findings.
In enactine this chaprer, the city council of the city of Chula Vista finds and declares the
follo�vine:
A. Moderate monetary contributions to political campaiens are a le�itimate form of
participation in the American political process. but the financial strength of certain indi��iduals or
oreanizations should not pertnit them to exercise a disproportionate or controlling influence on
the election of candidates for cit�-offices.
B. The rapidl�� increasina costs of political campaiens ha��e forced many candidates for
electi��e office to raise larger and larger sums from indi�-iduals or interest eroups ���ith a specific
financial stal:e in citv matters. This can cause the public perception that the ��otes of cit�� council
members and decisions of elected officials are being improperl}� influenced b�� monetan�
contributions. This perception can undermine the credibilih� of the ciq� council and the
eovemmental process.
C. It is the polic�•of this city to protect tfie integrit��of the electoral process.
D. The best interests of the citizens of this cit�- are seroed b�• reducins the direct and indirect
costs of campaigns. (Ord. 2661 § 1, 1996; Ord. 26�4 y� l. 199�; Ord. 2298 § I, 1989).
2.52.020 Purpose.
The ciq� council of the ciry of Chula Vista enacts this chapter to accomplish the following
purposes:
A. To encourage public trust in the electoral and decision-making processes of the city, and
ensure that individuals and interest groups have a fair and equal opportunity to participate in the
elective and legislative process.
B. To reduce the influence of ]arge contributors with a specific financial stake in matters
before the city; thus countering the perception that decisions of city officials are influenced more
by the size of contributions tha� the merits of proposals or the best in[erests of the people of the
city. (Ord. 2661 � l, 1996: Ord. 26�4 § I, 1995; Ord. 2298 § l, 1989).
2.52.030 Interpretation of this chapter.
Unless the term is specificall�� defined in this chapter or the contrary is stated or clearly
appears from the conte�t, the definitions set forth in the Political Reform Act of 1974
(Govemment Code Sections 81000, e[ seq.) shall govern the interpretation of this chapter. (Ord.
2661 § I, 1996; Ord. 26�4 § l, ]99�; Ord. 2298 § l; 1989).
2.52.040 Definitions.
A. Agent. For purposes of this section; a person is ihe "agent" of the party to, or a participant
in, a proceeding involving a license, pennit or other entitlement for use only if he or she
represents that person in connection with the proceeding involving the license, permit or other
entitlement for use. If an individual acting as an agent is also acting as an employee or member
oP a law, architectural, engineering or consulting firm, or a similar entity or corporation, both the
entiq-or corporation and the individual are "aeents."
B. '`Candidate" means a candidate for any city elective office, the candidate's campaign
committee, committee(s) controlled by the candidate, agents of the candidate, and any person
actine at the behes[ of a candidate. An incumbent shall be presumed to be a candidate unless he
or she files a ���ritten statement with the city clerk stating that he or she does not intend to be a
candidate for the ne�t election for his or her office.
C. "City campaien statemenf' means the statement which, to t�he extent practicable, shall be
similar to or consolidated �+�ith that required by state la�a-.
D. ''CiCy elective office�` means the offices held by members of the city council and any other
separately elected offices of the city.
E. "Contributions` are defined in a manner identical with the definition found in Government
Code Section 8201� and any related provisions in the California Code of Regulations; ezcept
that, noh�-ithstanding an}nhing contained herein to the contrary, a payment by a third party to, or
for the benefit of, a councilperson, made and used for the express purpose of offsettiog costs
already incurred by that councilperson in the defense of a criminal or administrative
prosecutorial action against said councilperson. or for the purpose of offsetting costs already
incurred by councilperson in a declaratory relief action or in enforcement of any perceived rights
under the Elections Code or municipal code during the period of the campaign, and not made or
used for the purpose of aiding in the election of said councilperson, and not made within (before
or afrer) 100 da��s of an election in w�hich the councilperson is competing for a seat or office,
shall not be deemed to be a contribution for the purposes of this chapter.
F. "Intermediary" means a person H�ho delivers to a candidate or committee a contribution
from another person, unless such contribution is from the person's employer: immediate familv
or an association to which the person belones. No person �t-ho is the treasurer ofthe committee to
���hich the contribution is made or is the candidate �vho controls [he committee to which the
wntribution is made shall be an intermedian� for such contribution.
G. "Oreanization" means a proprietorship. labor union, firm, partnership, joint venture,
s��ndicate. business. trust. company, corporation_ association, or committee, includina a political
action comminee.
H. "Person" means a natural indi��idual.
I. "Political purpose` means an action b�� a candidate for the purpose of influencine, or
attempting to influence. either directly or indirecth�, the actions of the voters for or aeainst the
election of that candidate or am•other candidate for the same cin�eiective office.
J. "State campaign statemenr` means an itemized report �+�hich is prepared on a fortn
prescribed b�� the Fair Political Practices Commission and �ahich provides the information
required by Chapter 4 of Tide 9 of the Go��emment Code.
K. "Party' means am- person ���ho files an application for, or is the subject of. a proceedine
im�olvine a license, permit or other entitlement for use.
L. "Participanr` means an}� person �vho is not a part��, but �aho actively supports or opposes a
particular decision in a proceeding im•ol�-ine a license; permi[. or other entitlement for use, and
. ��•ho has a financial interest in the decision as described in Anicle I (commencine with Section
87100) of Chaprer 7 of the Government Code. A person activeh� supports or opposes a particular
decision in a proceedine if he or she lobbies in person the officers or employees of the cin•,
testifies in person before the cih-, or othenvise acts to influence officers of ihe cih•.
M. "Reeulated independent e�pendimre committee" means an independent espenditure
committee, as defined in Go��ernment Code Sections 820L.i and 82031. �ahich supports or
opposes in whole or in part a candidate for cit�� elective office. if contributions are made to said
committee �aith the intent that the��. or a comparable amount of funds othenvise o���ned by, or
under the control of the committee, be used to support or oppose a particular candidate for a cih�
electi��e office. (Ord. 2769 § 1. 1999; Ord. 2661 § I, 1996: Ord. 26�4 § l, 199�: Ord. 2434 � 1.
1991; Ord. 2391 y 1. 1990; Ord. 2334 § l, 1989; Ord. 2298 § 1, 1989).
2.52.0�0 Limitation on coutributions from persons.
A. Time Limitation for Makina Contributions. I�o person shall make a contribution to am�
candidate for cit�� elective offices or to any reeulated independent espenditure committee sooner
than 1 I months preceding an election contest but in no e��ent sooner than the date upon �i�hich the
holding of the election contest becomes certain. and no such candidate or such regulated
independent e�penditure committee shall accept from am�person such a contribution.
B. Monetary Limitation for Making Contributions. No person shall make to an}� candidate for
cit�� electi��e office or to an�� reeulated independent expenditure committee, and no such
candidate or such reeulated independent espendimre committee shall accept from any person,
such contribution or contributions totalling more than �250.00 for a single election contest. To
the extent federal law prohibits limitations on espendimres, this chapter is meant to be consistent
��•ith federal la��•.
I. Same Day, Same Office, Multiple Election Rule. For the purposes of this section,
multiple elections scheduled to be held on the same day for the same office; but for different
terms, such as in the case of a special election to be held to fill a vacancy; and a general
municipal election to be held to fill a full-length term, shall be deemed to be a single election for
determining the monetary limitation. This section is deemed to be declaratory of existing la���,
and shall apply to all contributions received prior to and afrer the effective date of the ordinance
codified in this chapter or if the contribution was intended to be used in connection with the
election commencing in March. 1996. To the extent that the operation of this section requires the
return of any contributions in excess of the limitation herein imposed, the candidate and/or
regulated independent expenditure committee shall so return such excess contribution. (Ord.
2661 § l, 1996; Ord. 26�4 � 1, 199�; Ord. 2581 § l, 1993; Ord. 2334 § 2, 1989; Ord. 2298 � I,
1989).
2.52.060 Prohibition of contributions by organizations.
A. Prohibition. No oreanization (e.g., corporation, partnership, trust; association; committee;
ete.) shall make a contribution to any candidate, or to any regulated independent e�penditure
committee; and no such candidate or regulated independent expendimre committee shall accept a
contribution from an oreanization.
B. Rule of Attribution to Organization. Al) contributions made by a person Hfiose contribution
activity is financed. maintained or controlled by an organization or any other person shall be
deemed to be made by that oroanization or other person. If the contribution is deemed made by
an organization, it is prohibited by subsection (A) of this section. If deemed to be made by
another person, it shall constitute a contribution by a "committee" (a form of"organization") and
thereby also is prohibited by subsection (A). (Ord. 2661 § I, 1996; Ord. 2654 § 1; 1995; Ord.
2334 § 3, 1989; Ord. 2298 § 1, 1989).
2.52.070 Written solicitations by candidates.
Any candidate making a �i�ritten solicitation for a contribution for his or her campaign for ciq�
elective office shall include the following written notice in no less than 10-point type on each
such solicitation:
NO'1'ICF
Ordinance No. 2?98 of the City of Chula Vista limits contributions to campaiens for city electi��e office,
either to candidate controlled committees or to regulated independent espenditure committees, to hvo
hundred fifty dollars per contributor. \\'hen contributions from an individual cumulativeh� amount to one
hundred dollars or more, the complete name, address, occupation and employer (or name o(busi�ess if
selC-emplo��ed)of each donor must be reported in the ci�y eampaign stalement.
(Ord. 2661 § l, 1996; Ord. 2654 � 1, 199�; Ord. 2298 § 1, 1989).
2.52.080 Returned contributions.
A contribution shall not be considered to be received if it has not been negotiated, deposited,
or utilized, and is remrned to the donor H�ithin 10 days of receipt, or no later than the date on
which the candidate is required to file a state or cin� campaien statement. �vhichever date is
earlier. (Ord. 2661 § 1, 1996; Ord. 26�4 § ], 199�; Ord. 2298 y l, ]989).
2.�2.090 Loans.
A. A loan shall be considered a contribution from the maker and the euarantor of the loan and
shall be subject to the contribution limitations of this chapter. Loans from [he candidate to him or
herself shall be subject to the contribution limitations of this chapter.
B. The proceeds of a loan made to a candidate by a commercial lendine institution in the
regulaz course of business on the same terms available to members of the public and �+�hich is
secured or euaranteed personalh• and solel�� bv the candidate shall not be subject to the
contribution limits of this chapter.
C. E�tensions of credit, other than loans pursuant to subsection (B) of this section_ for a period
of more than 30 da��s are subject to the contribution limits of this chapter. (Ord. 2661 � I, 1996;
Ord. 26�4 y l. 199�; Ord. 2298 y 1: 1989).
2.�2.100 Famil}� contributions.
A. Contributions by a husband and �t�ife shall be treated as separate contributions and shall not
be aeereeated, where the checks are dra���n separateh- and signed b�� the spouse makine the
contribution.
B. Contributions b�� children under the aae of 18 shall be treated as contributions b�� their
parents and attributed proportionately to each parent (one-half to each parent or the total amount
to a sinele custodial parent). (Ord. 2661 � l, 1996; Ord. 26�4 § 1, 199�; Ord. 2298 § l, 1989).
2.52.105 Notice regarding personal funds.
A. \b candidate or other person. includina a regulated independent e�penditure committee.
shall e�pend or contribute more than ��,000 in personal funds in connection ���ith an election
campaien, unless and until the followine conditions are met:
1. �\'ritten notice of the candidate�s or other person`s intent to so espend or contribute in
excess of S�;OOOshall be pro��ided to the cih• clerk and all opponent candidates. The notice shall
be deli��ered personall�� or sent b�� reeisrered mail and shall specify the amount intended to be
espended or contributed; and
2. All personal funds to be espended or contributed b�� the candidates shall first be
deposited in the candidate's campaion contribution checking account at least 21 days before the
election. The required notice shall be ei��en no later than 24 hours after the date of the deposit or
21 days prior to the election, whichever occurs first.
B. If sent b�� mail. the notice to opponent candidates shall be sent to the last I:nown address of
the opponent candidates as sho��•n in the records of the city clerk. (Ord. 2661 § I. 1996; Ord.
26i4 § I, 199�; Ord. 2334 § 4. 1989).
2.�2.110 One campaign committee and one checking account per candidate.
A candidate for city elective office shall have no more than one campaien committee and one
checking account for each election; from ti�hich all conVibutions shall be accounted for, and out
of which all espenditures shall be made.
A. Same Da}�, Same Office, Multiple Election Rule. For the purposes of this section, multiple
elections scheduled to be held on the same day for the same o�ce, but for different terms (such
as in the case of a special election to be held to fill a vacancy in a seaL and a eeneral municipal
election to be held to fill a full-lengrh tenn for same seat) shall be deemed to be a single election
for the purposes ofthis section. (Ord. 2661 § 1, 1996; Ord. 2654 § l, 1995; Ord. 2298 § l, 1989).
2.52.120 Prohibition on transfers.
A.No candidate for ciry elective office and no regulated independent expenditure committee
shall make any contribution from campaign funds intended for one candidate to another
candidate running for city clective office or to a candidate for a noncity elective office or to
another regulated independent e�penditure committee. This section shall not prohibit a candidate
from making a contribution from his or her o��n personal funds to his or her candidacy or to the
candidacy of any o[her candidate for elective office.
B.No candidate or regulated independent expenditure committee shall use or transfer
contributions received for one campaign for ciry elective office to any other campaign by the
same person as a candidate for the same office or any other elective office consistent with state
law; except that a candidate eligible to compete in a consequent runoff contest may transfer
contributions received for the predecessor election contest to that candidate's campaign
committee for the runoffelection contest.
C. The use of any funds ��•hich ���ere received prior to January I, 1989 shall be govemed by the
Political Reform Act (Government Code Section 81000, et seq.) and any regulations adopted b��
the Fair Political Practices Commission pursuant thereto. (Ord. 2661 § l, 1996; Ord. 26�4 § I,
199�; Ord. 2298 § 1, 1989).
2.52.130 Contents of city campaign statements.
A. All city campaign statements required to be filed with the ciry clerk pursuant to this chapter
shall contain the following information:
l. The infonnation required by Government Code Section 842ll and any administra[ive
reeulations adopted pursuant thereto; and
2. Any information required by the city derk.
B. All city campaign statements required to be filed with the ciry clerk pursuant to this chapter
shall be on a form prescribed by the city clerk. To the extent practicable, such form should be
similar to, or consolidated with; those required by state law. (Ord. 2661 § I, 1996; Ord. 26�4 § l,
199�; Ord. 2298 § l; ]989).
2.52.140 Duties of treasurers and candidates.
All ciq� campaign statements filed under this chapter shall be signed under penalty of perjury
and verified b�� both the candidate and the campaign treasurer. The verification shall state that
the candidate and the campaien treasurer have used all reasonable diligence in its preparation,
and that to the best of their I:nowledee it is true and complete. (Ord. 2661 § I, 1996: Ord. 26�4
§ 1. 199�; Ord. 2298 § 1, 1989).
2.52150 Duties of cit�� clerk with respect to campaigo statements.
A. It shall be the duty of the city clerk to determine �ahether required city campaign statements
ha��e been filed. The citv clerk is hereb�� authorized to make that determination onh� from facts
and information �vithin his or her kno�vledee, and is not required to conduct an im�estigation to
determine ���hether or not a candidate has an obligation to file a cin� campaign statement.
B. It shall be the duty of the city clerk to determine whether cih- campaien statements filed
conform on their face with the requirements of this chapter.
C. It shall be the dut�� of the cin� clerk to accept for filine any cit}� campaign statement �+•hich
this chapter requires to be filed. In those cases �vhere the cit�� clerk disco�•ers in his or her review
of city campaien statements that a candidate has filed an incorrect. incomplete or illegible
statement, or a statement ���hich cannot be reproduced, he or she shall promptly notify the
candidate of the error or omission.
Ho���e��er, no notification is required in those cases in �vhich the errors or omissions are minor
ones �t�hich do not recur throuehout the statement. An error or omission is minor if it does not
result in omission of the amount of an individual contribution or expenditure. An error or
omission in connection ���ith the identification of a donor or intermedian� is minor if such person
, is identified b�� name and either street address. occupation. employer or principal place of
business. An error or omission in connection ���ith the identification of the recipient of an
expenditure or person pro�•idine consideration for an espenditure is minor if such person is
identified by name. (Ord. 2661 § l, 1996: Ord. 26�4 y 1, 199�; Ord. 2391 § 2, 1990; Ord. 2298
§ l: 1989).
2.52.160 Audits.
A. The city finance director mav make, or ha��e made, investieations or audits ���ith respect to
am�cih�campaien statements required b}�this chapter, or any campaien accounts for cit�� elective
office maintained b�� am� candidate. at an�� time benveen the last da�� for filine a declaration of
candidacv for a cin� electi��e office and one ��ear follo�i•ine the date of the election in �vhich a
candidate is elected to that cit��elective office.
B. Am� candidate ���hose campaian statements are subject to an im�estigation or audit by the
city shall provide the finance director �vith all financial records; documents and am� other
infortnation or material required b�� the finance director. (Ord. 2661 y 1, ]996; Ord. 26�4 � l,
199�; Ord. 2298 � l, 1989).
2.52.165 Disqualification and disclosure.
Repealed bv Ord. ?5-19 �' 1, ?001. (Ord. 2661 § 1, 1996: Ord. 26�4 § 1, 199�; Ord. 2334 � �.
1989).
2.�2.170 Criminal sanctions.
Any I:no�+�ing or willful ��iolation of any provision of this chapter may be prosecuted either as
an infraction or as a misdemeanor at the discretion ofthe prosecutor. (Ord. 2661 § I, 1996; Ord.
26�4 § l; ]99�: Ord. 2298 § 1, 1989).
2.�2.180 Injunctive relief.
Any candidate or other resident of the city may bring an action, at any time, in a court of
competent jurisdiction to enjoin actual or threatened violations, or to compel compliance with, or
to obtai� judicial declarations regarding, the provisions of this chapter. (Ord. 2661 § l; 1996;
Ord. 26�4 § 1, 199�; Ord. 2298 § 1. 1989).
2.52.190 Enforcement.
A. The city attorney shall not investigate or prosecute any alleged violations of the chapter,
but shall defend the constimtionality and legality of this chapter in any civil proceeding in which
the ciry or the city council is a party.
B. Review of complaints of��iolation of this chapter and criminal prosecution thereof shall be
commenced only by the district attorney, unless the district attorney fails or refuses to
im�estigate. in H�hich case the special counsel shall be the Attorney General. Hoti�ever, if the
Attorney General shall fail or refuse to investigate a bona fide allegation of the violation of this
chapter, the special counsel shall be such other qualified and independent attomey �aho shall be
appointed by the city attome}�, e�cept and unless the alleged violation of this chapter concems or
involves the city attomey; in which case said special counsel shall be appointed by a majority
vote of the city council. No enforcement or prosecution or action of special counsel shall be
subject to the re��ie�i� or control of the city council or the city attorney.
C. Any person residing in the ciq� H�ho believes that a violation of this chap[er has occurred
may file a �vritten complaint requestin� investigation of such violation by the special counsel. If
the special counsel detennines that there is reason to believe a violation of this chapter has
occurred, it shall conduct an investigation and may commence such administrative, ci��il, or
criminal legal action as it deems necessary for the enforcement of this chapter.
D. The special counsel shall have such investigative powers as are necessary for the
performance of duties described in this chapter and may demand and be fumished records of
campaign contributions and expenditures of any person or committee at any time. In the event
that production of such records is refused, the special counsel may commence civil litigation to
compel such production.
E. The special counsel shall be immune to liability for its enforcement of this chapter.
F. The special counsel may maintain on behalf of the ciry, or a candidate or other resident of
the city may maintain on their o�+�n behalf, a civil action to recover personally from a candidate
any contributions received b�� the candidate in excess of the contribution limits established by
this chapter or any contributions ���hich a candidate fails or refuses to remit to the city clerk or
return to the donor. Any money recovered in any action maintained pursuant to this section shall
be deposited in the campaign enforcement fund.
G. Any action alleging ��iolation of this chapter must be commenced within four years of the
time the alleged violation occurred.
H. Violations im•olvine willful acceptance of cumulative illeeal contributions of �2,�00 or
more shall constitute a crime of moral turpimde pursuant to cit�� Chaner Section 303. (Ord. 2661
§ l, 1996: Ord. 26�4 § l, 199�; Ord. 2391 § 3, 1990; Ord. 2298 � 1, 1989).
2.�2.200 Se��erabilit��.
If any pro��ision of this chap[er, or the application of an�• such pro��ision to any person or
circumstances, shall be held im�alid. the remainder of this chapter to the estent it can be given
effect: or the application of those pro��isions to persons or circums[ances other than those as to
�t�hich it is held im�alid, shall not be affected therebv. and to this end the pro��isions of this
chapter are se��erable. (Ord. 2661 � l. 1996; Ord. 2654 y l. 1995).
$£00
'lVD
Rt-1DING
-4tvD .4[)
ORDINANCE NO. - . OPJ701\1
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING SECTION 2.56.l10(F)
DELEGATING TO THE CITY ATTORNEY
ADDITIONAL AUTHORITY IN ENTERING INTO
AGREEMENTS FOR THE RETENTION OF SPECIAL
COUNSEL TO ENFORCE SECTION 2.52 OF THE
CHULA VISTA MUNICIPAL CODE
The City Council of the City of Chula Vista does hereby ordain:
SECTION I:
That Section 2.56.11O(F) of the Chula Vista Municipal Code is
hereby amended to read as follows:
F.
Legal Services
In accordance with Section 503 of the City Charter, the City Attorney oversees
contracts for legal and related professional service. Whenever practical, and in
consultation with the Purchasing Agent, requests for outside attorney or
professional services shall be based on a competitive solicitation of proposals.
Otherwise, justification shall be provided based on unique qualifications or
perfonnance characteristics of the attorney or consultant recommended. Except
Jar conlmcts lür the retention of sDecia] counsel pursuant to Section 2.52-,
£('ontracts for legal and related professional services in excess of $50,000 -shall
be approved by the City Counciti'onl:]llcts -for the retention of spccial counsel
Ilursuant to Section 2.52 it] excess ofSIOO.OOO shall be aDproved by the City
Council.
SECTION II: This Ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Submitted by
~+A /W¿:
oore
. Attorney
J:AtlOmcy/Ehull/Campaign ContributionlPu",hasing Ordinance
c28- I
~
COUNCIL AGENDA STATEMENT
Item: 3
Meeting Date: 02/24/04
ITEM TITLE:
RESOLUTION ACCEPTING AND
APPROPRIATING $17,239 FROM THE STATE OF
CALIFORNIA OFFICE OF EMERGENCY SERVICES TO
THE FIRE DEPARTMENT
Fire Chief})"'P
SUBMITTED BY:
REVIEWED BY:
City Manageqv (V'
t~»
(4/5ths Vote: YesjLNo ~
The Fire department is a participant in Automatic Aid Agreements with all other
agencies within San Diego County and an Agreement for Local Government Fire
Suppression Assistance to Forest Agencies and the Office of Emergency
Services. The Department provides staff and equipment resources to these
agencies on a reimbursement basis. Staff is recommending Council accept and
appropriate the funds to the Fire Department.
RECOMMENDATION: That Council adopt and appropriate $17,239 based on
unanticipated reimbursements and amend the Fire Department's FY04 budget by
increasing the personnel services budget by $17,239.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION
A reimbursement claim for the Williams Fire incident located in San Dimas
Canyon was filed with the State of California Office of Emergency Services
(OES). The Department has received reimbursement for staff time and
equipment usage related to this firefighting assignment and is recommending
appropriation of these funds to the Fire Department. The funds will be used to
offset the fire department's personnel and overtime expenditures and restock
$800 of fire engine supplies resulting from this assignment.
FISCAL IMPACT
The reimbursement will be used to offset the Fire Department's personnel and
overtime expenses, and restock the fire engine supplies. There is no negative
impact to the general fund.
3-1
RESOLUTION NO. 2004-
RESOLUTION ACCEPTING AND APPROPRIATING $17,239
FROM THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES
TO THE FIRE DEPARTMENT
WHEREAS, The Fire department is a participant in Automatic Aid
Agreements with all other agencies within San Diego County and an Agreement
for Local Government Fire Suppression Assistance to Forest Agencies and the
Office of Emergency Services; and,
WHEREAS, The Department provides staff and equipment resources to
these agencies on a reimbursement basis; and,
WHEREAS, A reimbursement claim for the Williams Fire incident
located in San Dimas Canyon was filed with the State of California Office of
Emergency Services (OES); and,
WHEREAS, The Department has received reimbursement for staff time
and equipment usage related to this firefighting assignment and is recommending
appropriation of these funds to the Fire Department; and,
WHEREAS, The funds will be used to offset the fire department's
personnel and overtime expenditures and restock $800 of fire engine supplies
resulting from this assignment; and,
WHEREAS, There is no negative impact to the general fund; and,
NOW, THEREFORE, BE IT RESOLVED THAT COUNCIL ADOPTS AND
APPROPRIATES $17,239 BASED ON UNANTICIPATED
REIMBURSEMENTS AND AMENDS THE FIRE DEPARTMENT'S FY04
BUDGET BY INCREASING THE PERSONNEL SERVICES BUDGET BY
$17,239.
Presented by:
Approved as to form by:
7I~¥Ln.:
Ann Moore ð U"""
City Attorney
H:/shared/attorney/Williams OT reso
3~ d-
COUNCIL AGENDA STATEMENT
Item: 'f
Meeting Date: 2/24/04
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING THE FY 04 FIRE
DEPARTMENT BUDGET AND APPROPRIATING $41,544
TO THE FIRE DEPARTMENT FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND FOR THE COUNTY
OF SAN DIEGO HAZARDOUS MATERIALS INCIDENT
RESPONSE TEAM (HIRT) SERVICES AND AMENDING
THE FY05 SPENDING PLAN BY $41,544 .
SUBMITTED BY: Fire Chief '\)AP
REVIEWED BY: City Manager~Q;vI (4/5ths Vote: YeslLNo ->
RECOMMENDATION: That Council adopt the resolution amending the FY 04
Fire Department budget and appropriating $41,544 from available balance of the
general fund and amending the FY05 spending plan by $41,544
BOARDS/COMMISSIONS RECOMMENDATION: N/A
Since October 1, 1986 the City of Chula Vista has participated in a joint powers
agreement with the County and incorporated cities within the County in a regional
hazardous materials emergency response program. The program was
designated the Hazardous Materials Incident Response Team (HIRT). This
agenda statement appropriates funds to cover an unanticipated cost increase in
HIRT services.
DISCUSSION:
On October 1, 1986 a regional hazardous materials emergency response
program was implemented in San Diego County. The program was designated
the Hazardous Materials Incident Response Team (HIRT). The program was
developed by, and is a program of, the San Diego County Unified Disaster
Council. The Disaster Council is the governing body of the Unified San Diego
County Emergency Services Organization. This Emergency Services
Organization was established under an Agreement of Joint Powers signed by the
County of San Diego and all incorporated cities within the county.
~ r/
The program calls for hazardous materials emergency response to be provided
County-wide through the joint efforts of the San Diego Fire and Life Safety
Department (SDFLSD) HAZMAT Response Team and the San Diego County
Department of Environmental Health (DEH) Hazardous Materials Division
(HMO). Each of these agencies have highly trained teams with many years
experience in responding to hazardous materials emergencies. The cities and
the County are the primary funding source for HIRT.
Under this program, a combined response is provided. The SDFLSD HAZMAT
Response Team is responsible for isolating and containing the incident, stopping
the release, effecting rescues and other related tasks. The HMO, on the other
hand, is responsible for assessing the risk to public health and safety and the
environment, taking the necessary steps to mitigate these hazards, insuring
adequate clean-up of the area and conducting necessary enforcement activities.
The combined team is referred to as the Hazardous Materials Incident Response
Team, or HIRT.
HIRT will respond to the request of first responders at a hazardous materials
incident. HIRT provides advice and technical support to the first responder but
does not assume scene management responsibility. The first responder, or
appropriate agency designated by law, maintains full control and authority over
the incident and retains responsibility for any release of public information
concerning the incident.
HIRT is normally activated through the City of San Diego's Fire Department
Communications Center. HIRT can also be contacted directly by telephone or
established radio channels. Communication and consultation between local
agencies and the HIRT can be maintained while in route through the use of
mobile telephones.
HIRT cost increase
The increase in Chula Vista's costs for HIRT is the result of a new contract
negotiated with San Diego Fire and County HazMat. The previous contract was
established in 1992 to begin on July 1, 1993. It was a 2-year contract with
provisions for 4 additional 2-year extensions. The contractors were limited to
cost of living increases only over the 1 O-year period. However, once this contract
(and all extensions) were exhausted, a new Request for Proposal (RFP) was
released for HIRT services. This resulted in award of a new contract to San
Diego Fire and County HazMat. Unfortunately, the price quoted was about 50%
higher than the previous contract. That resulted in all jurisdictions having their
member share increase by about 50%. The FY 04 Fire Department budget did
not include the price increase. A total of $82,000 was budgeted resulting in a
shortfall of $41,544. The program requires highly trained teams with many years
experience in responding to hazardous materials emergencies. As a result it is
4- :2.-
more cost effective to contract for these services than hire staff to provide the
services in-house.
FISCAL IMPACT:
A total of $82,000 was budgeted for the Hazardous Materials Incident Repose
Team (HIRT) services in the Fire Departments FY 04 budget. The total cost of
the HIRT services for FYO4 is $123,544 resulting in a shortfall of $41,554. Staff
is recommending the $41,544 be funded from the available balance of the
general fund. It is more cost effective to contract for these services than to
provide these services in-house.
Ll ?,
-, / ../
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING AND APPROPRIATING $41,544 TO THE FIRE
DEPARTMENT FROM THE AVAILABLE BALANCE OF THE GENERAL
FUND FOR THE COUNTY OF SAN DIEGO HAZARDOUS MATERIALS
INCIDENT RESPONSE TEAM (HIRT) SERVICES AND AMENDING THE
FY05 SPENDING PLAN BY $41,544
WHEREAS, Since October I, 1986 the City of Chula Vista has
participated in a joint powers agreement with the County and incorporated cities
within the County in a regional hazardous materials emergency response program
known as the Hazardous Materials Incident Response Team (HIRT); and,
WHEREAS, The program calls for hazardous materials emergency
response to be provided County-wide through the joint efforts of the San Diego
Fire and Life Safety Department (SDFLSD) HAZMAT Response Team and the
San Diego County Department of Environmental Health (DEH) Hazardous
Materials Division (HMD); and,
WHEREAS, Each of these agencies have highly trained teams with many
years experience in responding to hazardous materials emergencies; and,
WHEREAS, The cities and the County are the primary funding source for
HIRT; and,
WHEREAS, A total of $82,000 was budgeted for the Hazardous Materials
Incident Repose Team (HIRT) services in the Fire Departments FY 04 budget;
and,
WHEREAS, The total cost of the HIRT services for FY04 is $123,544
resulting in a shortfall of $41 ,544; and,
WHEREAS, Staff is recommending the $41,544 be funded from the
available balance of the general fund; and,
WHEREAS, It is more cost effective to contract for these services than to
provide these services in-house.
NOW, THEREFORE, BE IT RESOLVED THAT THE CHULA VISTA
COUNCIL HEREBY ADOPTS THE RESOLUTION AMENDING THE FY04
BUDGET AND APPROPRIATING $41,544 FROM AVAILABLE BALANCE
OF THE GENERAL FUND AND AMENDING THE FY05 SPENDING PLAN
BY $41,544 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND.
Presented by:
~
~.~
H:/shared/attorney/HIRT reso
4~5
Approved as to form by:
-Y¡ŒU\ Xn'U~~ tÍfil , '
Ann Moore . U ~~.
City Attorney
COUNCIL AGENDA STATEMENT
Item: 5
Meeting Date: 2/24/04
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FY04 FIRE
DEPARTMENT BUDGET TO ADD TWO FIRE DISPATCHER
SUPERVISORS AND EIGHT FIRE DISPATCHERS AND
APPROPRIATING $225,532 FROM THE AVAILABLE BALANCE
OF THE GENERAL FUND AND AMENDING THE FY05
SPENDING PLAN BY $521,653
REVIEWED BY:
Fire Chiefbl\P
r; f' i'
City Manager ~¡,J Q
(4/5ths Vote: Yes X No -)
SUBMITTED BY:
On December 16, 2003, Council took action to appropriate funds to complete
necessary computer aided dispatch interfaces needed to transition fire dispatch
services to the City of Chula Vista. This agenda statement will amend the Fire
Department budget and add two Fire Dispatcher Supervisors and eight Fire
Dispatchers and related personnel costs.
RECOMMENDATION: That the City Council:
Amend the FY04 Fire Department budget to add two Fire Dispatcher Supervisors and
eight Fire Dispatchers and appropriating $225,532 and appropriating funds from the
available balance of the general fund and amending the FY05 spending plan by
$521,653. .
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The most critical component of the new fire dispatch center will be staffing. In an
effort to run the fire dispatch center economically without compromising dispatch
service delivery, an analysis of total in-coming telephone and dispatched call-volume
was conducted to determine the best staffing model.
The Fire Department is recommending a 3/12-work schedule with a 6-hour
payback day for all Fire Dispatchers and the Fire Dispatcher Supervisors.
This is the most efficient and cost-effective solution for the City of Chula Vista. The
3/12 plan creates better economic and managerial efficiencies with the size of the
proposed fire dispatch center. The 3/12 staffing model eliminates the need to hire
additional personnel and still provides for the most efficient shift coverage model for
ç
the City's current call-volume. A 3/12 staffing model is consistent with the staffing
models used by other fire dispatch centers within San Diego County and Southern
California. By utilizing the 3/12 plan, the fire department would staff the dispatch
center with two Fire Dispatcher Supervisors and eight Fire Dispatchers.
The estimated annual fire dispatch personnel cost for the 3/12 staffing model for the
two Fire Dispatcher Supervisors and eight Fire Dispatchers is $225,532 for FY04.
The total annual staffing cost is $521,653 for FY05. This includes $35,000 for annual
training and certifications, $30,000 for hourly wages, $87,000 for minimum staffing
overtime/callback, $15,000 for hard holiday overtime, $11,700 for shift differential,
and $8,400 for bilingual pay and $2,800 for uniforms. The minimum staffing overtime
is necessary to cover Fire Dispatcher Supervisor and Fire Dispatcher annual leave,
sick leave and minimum staffing periods as required by the Fair labor Standards Act.
The hard holiday overtime is required per CVEA MOU stipulations.
The total annual cost for the 3/12 staffing model including 2 Fire Dispatcher
Supervisors, and 8 Fire Dispatchers with hourly wages, overtime, shift
differential, bilingual pay and training is $909,555.
Human Resources and Fire Management have met with a representative from the
Chula Vista's Employees Association to obtain support for an agreement to have a
3/12work schedule for Fire Dispatcher Supervisors and the Fire Dispatchers. This
plan would apply to fire dispatch only. The City currently uses a 4/10 plan for the
police dispatch center.
Dispatch Backarounds
In order to expedite the fire dispatch center hiring process and meet a July 1, 2004
operational date, the Police department has hired additionally hourly help to conduct
the fire dispatch center staff background investigations. Background investigations
are estimated to cost $10,000. Salary savings in the Police Department budget will
absorb this cost.
FISCAL IMPACT:
The ongoing annual General fund costs are $909,555 for personnel expenditures. A
total of $387,902 is budgeted in the FY05 spending plan for contractual services from
HCFA dispatch resulting in a net increase of $521,653 in General Fund costs. An
additional $10,000 will be expended from salary savings in the Police Department to
conduct background investigations for Fire Dispatchers.
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FYO4 FIRE DEPARTMENT BUDGET TO
ADD TWO FIRE DISPATCHER SUPERVISORS AND EIGHT FIRE
DISPATCHERS AND APPROPRIATING $225,532 FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND AND AMENDING THE FY05
SPENDING PLAN BY $521,653
WHEREAS, On December 16, 2003, Council took action to appropriate
funds to complete necessary computer aided dispatch interfaces needed to
transition fire dispatch services to the City ofChula Vista; and,
WHEREAS, The Fire Department is recommending a 31l2-work schedule
with a 6-hour payback day for all Fire Dispatchers and the Fire Dispatcher
Supervisors; and,
WHEREAS, The 3/12 plan creates better economic and managerial
efficiencies with the size of the proposed fire dispatch center; and,
WHEREAS, A 3112 staffing model is consistent with the staffing models
used by other fire dispatch centers within San Diego County and Southern
California. By utilizing the 3/12 plan, the fire department would staff the dispatch
center with two Fire Dispatcher Supervisors and eight Fire Dispatchers; and,
WHEREAS, By utilizing the 3/12 plan, the fire department would staff the
dispatch center with two Fire Dispatcher Supervisors and eight Fire Dispatchers;
and,
WHEREAS, The total annual cost for the 3/12 staffing model including 2
Fire Dispatcher Supervisors, and 8 Fire Dispatchers with hourly wages, overtime,
shift differential, bilingual pay and training is $521,653; and,
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Chula Vista does hereby amend the FY04 fire department budget to add two fire
dispatcher supervisors and eight fire dispatchers and appropriate $225,532 from
the available balance of the general fund and amend the FY05 spending plan by
$521,653,
Presented by:
(-~
~~-:d I
Approved as to form by:
'~ ~ Ulf
City Attorney
H:/shared/attorney/fire dispatch staffing reso
6-.3
COUNCIL AGENDA STATEMENT
Item b
Meeting Date February 24. 2004
ITEM TITLE:
Resolution waiving the formal consultant selection process and
approving the first amendment to the agreement with Allegis
Development Services, Inc. to provide continued Owner's
Representation services during the design and construction of the new
police facility and related improvements consistent with the change in
completion dates for the new police facility,
SUBMITTED BY: Director of General Services Qiþ .(.,..:1,
REVIEWED BY: CitYManaged~þt'¡)¡V (4/SthsVote: - No~
On November 13, 2001, City Council approved by Resolution 2001-382, waiving the fonnal
consultant selection process and an agreement with Allegis Development Services, Inc. to
provide Owners' Representation services during the design and construction of the new police
facility and related improvements. The time frame for completion of the new police facility has
been extended.
RECOMMENDATION: That Council waiving the formal consultant selection process and
approve the first amendment with Allegis Development Services, Inc. to provide continued
Owner's Representation services during the design and construction of the new police facility
and related improvements consistent with the change in completion dates for the new police
facility.
BOARDS/COMMISSION: NIA
DISCUSSION:
On November 13, 2001, City Council approved by Resolution 2001-382, waiving the formal
consultant sclcction process and an agreement with Allegis Development Services, Inc. (ADS) to
provide Owner's Representation services during the design and construction of the new police
facility and related improvements. Due to the complexities of the Police Headquarters an
"Owner's Representative" services was retained to assist with the oversight and project
management of the project's design and construction. ADS' extensive experience in the design
build process and standard practices assisted in guaranteeing the City a successful project.
ADS' agreement with the City was to provide professional services covering a period of 26
months effective November I, 2001 which was sufficient based on the completion dates at that
time. However, the Substantial and Final completion dates of the project has been extended due
to additional services needed to complete the project by the Design Builder (Highland
Partnership, Inc.) beyond the original scope of work as approved by Council Resolution 2004-
036. Extended dates for the completion of the project are as follows: Substantial Completion,
March 14, 2004 and Final Completion, June 12, 2004. Compensation of services provided by
ADS was established as a flat fee of$14,500 per month.
~-I
Page 2, Item í
Meeting Date 02/24/04
ADS is competent and capable of performing required services as demonstrated in these past two
years regarding oversight and management of the New Police Facility project and most recently
in their involvement with the Civic Center Renovation project. The time required and disruption
to the project which would occur by selecting a new Owners Representation would not be
beneficial to the project or City at this time. It is recommended that the City Council waive the
fonnal consultant selection process and continue Owners Representation services with ADS
consistent with the change in completion dates for the new police facility, compensating
accordingly and
FISCAL IMPACT: There are no fiscal impacts to the budget. Compensation to Allegis
Development Services, Inc. will be paid from existing funds in the approved New Police Facility
project budget.
Attachment I: Amendment to Agreement
File: PSl49
J:IGeneral S..vieeslGS Administ..tinnlCoundl AgeodalPoliee FadlitylAllegis Agreement Amendment.doe
&
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND
APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH
ALLEGIS DEVELOPMENT SERVICES, INc. TO PROVIDE CONTINUED
OWNER'S REPRESENTATION SERVICES DURING THE DESIGN AND
CONSTRUCTION OF THE NEW POLICE FACILITY AND RELATED
lMPROVMENTS CONSISTENT WITH THE CHANGE IN COMPLETION
DATES FOR THE NEW POLICE FACILITY, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AMENDMENT
WHEREAS, on November 13, 2001, City Council approved Resolution 2001-382, waiving
the Consultant Selection process and approving an agreement with Allegis Development Services,
Inc. (ADS) to provide Owner's Representation services during the design and construction of the
new police facility and related improvements; and
WHEREAS, due to the complexities of the Police Headquarters an "Owner's Representative"
services was retained to assist with the oversight and project management of the project's design and
construction; and
WHEREAS, ADS' agreement with the City was to provide professional services covering a
period of26 months effective November 1,2001 which was sufficient based on the completion dates
at that time; and
WHEREAS, the Substantial and Final completion dates of the project have been extended
due to additional services assigned by the City to Design Builder (Highland Partnership, Inc.) beyond
the original scope of work as approved by Council Resolution 2004-036; and
WHEREAS, extended dates for completion of the project are as follows: Substantial
Completion, March 14,2004 and Final Completion, June 12,2004; and
WHEREAS, compensation of services provided by the Consultant was established as a flat
fee of $14,500 per month; and
WHEREAS, the Consultant is competent and capable of performing required services as
demonstrated in these past two years regarding oversight and management of the New Police Facility
project and most recently in their involvement with the Civic Center Renovation project; and
WHEREAS, the time delay and disruption resulting ITom interviewing and hiring a new
Owner's Representative at this stage ofthe construction would not be cost effective or beneficial to
the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the CityofChula Vista
&
does hereby waive the formal consultant selection process and approve the First Amendment with
Allegis Development Services, Inc., to provide continued Owner's Representation services during
the design and construction ofthe new police facility and related improvements consistent with the
change in completion dates for the new Police Facility, a copy of which shall be kept on file in the
office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Amendment on behalf of the City of Chula Vista.
Presented by
Approved as to form by
~d j"~ !I;$
An Moore
Ci y Attorney
Jack Griffin
Director of General Services
.I Attomcy/Re,o/AmendlllcnUl" Amendment AlIcg»
2
& 4
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
4 ,.úL ~lit: 1M
Ann Mo
City Att ey
Dated: :;-/r'i (ó i
First Amendment to the Agreement
Between City ofChula Vista and
Allegis Development Services, Inc. for
Project Management/City's Representative Services
First Amendment
To the. Agreement between
City of Chula Vista
and
AIlegis Development Services, Inc.
For Project ManagementlCity's Representative Services
This first amendment is made and entered into this 24th day of February, 2004 by and between
the City of Chula Vista (herein "City"), a municipal corporation, and Allegis Development
Services, Inc. (herein "Consultant"). City and ADS are sometimes hereinafter referred to as
Parties ("Parties")
RECITALS
WHEREAS, the City Council approved by Resolution 2001-382, an agreement ("Original
Agreement") with Allegis Development Services, Inc. to provide Owners' Representation
services during the design and construction of the new police facility and related improvements;
and
WHEREAS, Consultant has been actively engaged in the oversight and project management of a
new police facility since the date ofthe Original Agreement; and
WHEREAS, said Original Agreement with the City was to provide professional services through
December 31,2003 or City's acceptance of the building, whichever occurs earlier; and
WHEREAS, the Substantial and Final completion dates of the project has been extended due to
additional services needed to complete the project by the Design Builder (Highland Partnership,
Inc.) beyond the original scope of work; and
WHEREAS, Staff is recommending that the City waive the Consultant Selection process based
upon the satisfactory performance to date and the need to have these services in place without
disruption and continue Owners Representation services with Consultant consistent with the
change in completion dates for the new police facility.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set
forth herein, the City and Consultant agree as follows:
1.
Section 8 D of Original Agreement is hereby amended to read as follows:
D. Date for completion of all services: June 12, 2004 or City's acceptance of the
building, whichever occurs earlier.
2.
All other terms and conditions of the Original Agreement shall remain in full force
and effect.
ALLEGIS DEVELOPMENT
a 6192320703
02/17/04 15:34 ¡5J :02/02 NO:198
First Amendment
To the Agreement between
City of Chula Vista
und
Allegis Development Services, Inc.
For Project ManagemenllCily's Representative Services
CITY OF CHULA VISTA
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
Approved as to form by
Ann Moore, City Allomey
&~ (1
COUNCIL AGENDA STATEMENT
Item L
Meeting Date: 2/24/04
ITEM TITLE:
Resolution Amending the FY 03-04 budget by appropriating
$3,193 from the available balance of the Sewer Fund for the remainder of
the current fiscal year for costs associated with the rental of portable
toilets; and amending the proposed FY 04-05 spending plan to allow for
additional contractual costs for General Services
Director of Public Works Operations ¿ -
Director of General Services ~ ~
SUBMITTED BY:
{)f '¡i
City Manager ).Jq
Adoption of the resolution amends the budget in order to provide portable toilets for city staffs
use while at jobsites.
REVIEWED BY:
(4/5ths Vote: Yes .1L No--.J
RECOMMENDATION: That Council adopt the Resolution amending the FY 03-04 budget
by appropriating $3,193 from the available balance of the Sewer Fund for the remainder of the
current fiscal year for costs associated with the rental of portable toilets; and amending the
proposed FY 04-05 spending plan to allow for additional contractual services for General
Services.
BOARD/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION:
The Public Works Operations crews currently use a product called Brief Relief when they need to
use the restroom while on a jobsite. This method has proved inconvenient for users and is not
satisfactory for female field employees. In order to provide a better system that will allow City
staff to stay at the jobsite as well as provide a system that will be used in all circumstances, staff
proposes to use portable toilets. Trailer mounted portable toilets have become common for field
crews. Public Works Operations has five crews that often work at a single location or have
several jobs sites close to one another. These crews can benefit significantly by having portable
toilets at the jobsite. Three ofthe crews are sewer related work, two lateral installation crews and
a concrete crew. The other two crews are in street maintenance. Both of those crews do asphalt
work that usually takes all day within a confined area.
As indicated in Table I below, contracting out the cleaning services and renting five portable
toilets from Spanky's represents a savings of approximately $8,800 the first year and
approximately $16,200 over a 5-year period when compared with cleaning them in-house and
purchasing five portable toilets, which have a 5-year life.
Page 2, Item 7
Meeting Date: 2/24iõ4
Table I
In-House verses Rental Comparison Cost
In-House
Period Custodial staffl) Diamond(2) SOankv'S(2)
First Year $23,077.44 $21,538.80 $14,299.32
Second Year $17,147.27 $22,184.96 $14,728.30
Third Year $17,219.20 $22,850.51 $15,170.15
Fourth Year $17,293.28 $23,536.03 $15,625.25
Fifth Year $17,369.59 $24,242.11 $16,094.01
Total5-Year $92,106.78 $114,352.41 $75,917.03
Cost
(II First year includes purchase of5 portable toilets ($1,200 each).
(2) Includes City Administrative costs.
Since the Custodial unit will administer the portable toilets' contract, staff recommends
appropriating the required funds in the General Services Budget annually.
FISCAL IMPACT:
The cost of contracting out the cleaning services and renting five portable toilets will total $4,766
for the remainder of the current fiscal year. The General Fund will absorb approximately $1,500
in current year's budget. The impact to the General Fund will be approximately $4,800 annually.
The impact to the Sewer Fund is $3,193 and the ongoing cost is anticipated to increase to $9,581
annually.
C:\Documents and Settings\robcrtb\My Documenls\Bob\A 113 Port,-Potties.doc
1-
RESOLUTION NO. 2004-~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 03-04 BUDGET BY
APPROPRIATING $3,193 OF THE UNANTICIPATED SEWER
FUND REVENUE AND $1,573 FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND, FOR THE
REMAINDER OF THE CURRENT FISCAL YEAR FOR COSTS
ASSOCIATED WITH THE RENTAL OF PORTABLE TOILETS,
AND AMENDING THE PROPOSED FISCAL YEAR 2004/2005
SPENDING PLAN TO ALLOW FOR ADDITIONAL
CONTRACTUAL COSTS FOR GENERAL SERVICES
WHEREAS, the Public Works Operations crews use a product called Brief Relief when
they need to use the restroom while on ajobsite; and
WHEREAS, in order to provide a better system that will allow City staff to stay at the
jobsite, staff proposes to use portable toilets; and
WHEREAS, contracting out the cleaning services and renting five portable toilets from
Spanky's represents a savings of approximately $8,800 the first year and approximately $16,200
overa five-year period when compared with cleaning them in-house and purchasing five portable
toilets, which have a 5 year life; and
In-House
Period Custodial Staff(l) Diamond(2) Snankv's(2)
First Year $23,077.14 $ 21,538.80 $14,299.32
Second Year $17,147.27 $ 22,184.96 $14,728.30
Third Year $17,219.20 $ 22,850.51 $15,170.15
Fourth Year $17,293.28 $ 23,536.03 $15,625.25
Fifth Year $17,369.59 $ 24,424.11 $16,094.01
Total 5 -Year Cost $92,106.78 $114,352.41 $75,917.03
(I) First year includes purchase of 5 portable toilets ($1,200 each).
(2) Includes City Administrative costs.
WHEREAS, the Custodial unit will administer the portable toilet's contract, staff
recommends appropriating the required funds in the General Services Budget annually; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the FY 03-04 budget by appropriating $3,193 of unanticipated sewer
fund revenue and $1,573 from the available balance of the General Fund, for the remainder of
the current fiscal year for costs associated with the rental of portable toilets, and amending the
proposed fiscal year 2004/2005 spending plan to allow for additional contractual costs for
General Services.
Presented by
Jack Griffin
Director of General Services
Jlattomeyl.-eso\linancelAmend FV 03-04 budget P",tahle toilet,
Approved as to form by
~M
Ann Moore
City Attorney
2
r"11
/- Ii
~7 /V~i-ci ~ )
I
COUNCIL AGENDA STATEMENT
Item 8
Meeting Date 2/24/04
ITEM TITLE:
Public Hearing on Chula Vista's portion of the Regional Transportation
Improvement Program (RTIP)
SUBMITTED BY:
Resolution approving the submittal of Chula Vista's portion of the
Regional Transportation Improvement Program to SANDAG
Director of General ServiceslCity Engineer %
REVIEWED BY:
Cli--
City Manager. \71'-'
¡.."
(4/5ths Vote: Yes - Nol)
BACKGROUND: State and Federal laws require the San Diego Association of Governments (SANDAG)
to develop and adopt a Regional Transportation Improvement Program (R TIP) every two years in order to
continue receiving Federal and State funding. All projects that the City ofChula Vista proposes to fund
with Transnet funds must also be included in the RTIP, which currently covers fiscal years 2003 through
2008. SANDAG is responsible for the administration of the program and the allocation of funds to
member cities.
RECOMMENDATION: That Council conduct the public hearing on Chula Vista's portion of the
Regional Transportation Improvement Program; and adopt a resolution approving the submittal ofChula
Vista's portion of the Regional Transportation Improvement Program to SANDAG for inclusion in their
Regional Transportation Improvement Program (RTIP).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The voters of San Diego County approved the Transnet Program in 1987; enacting a Yz cent increase in the
countywide sales tax through the year 2008. The tax revenue was specified for certain transportation
programs and projects: one third each for local streets and roads, regional highways, and public transit
improvements. The ordinance provided that the use of Transnet revenue be prioritized to:
Repair and rehabilitate existing roadways.
Reduce congestion and improve safety.
Provide for the construction of needed facilities.
Transnet revenue forecasts are based on each City's current population and miles of maintained streets and
roads. Every two years, as these data change, SANDAG updates its RTIP and releases new funding
projections for the cities within San Diego County. At those intervals, cities have an opportunity to amend
their funds programming, using the Transnet Program guidelines. The cities' revised programs are then
submitted to SANDAG for inclusion in the updated RTIP.
'6- ,
Page 2, Item
Meeting Date 2/24/04
As the City's projects have been completed or design plans further developed, thus refining scope of work
and cost estimates, it has become necessary for Chula Vista to adopt a new four-year list of Transnet
projects for inclusion in the RTIP for fiscal years 2005 through 2008. The proposed list (see table below)
will include projects that are already part ofthe R TIP as well as new projects that are considered to be vital
to the Western part of the City.
As projected by SANDAG, Chula Vista's total Transnet revenues over the next four fiscal years are
estimated to be $23,688,000. The proposed list of five major Transnet projects is consistent with the City's
CIP program, listed here in order of priority, and will utilize Transnet funds in fiscal years 2005 through
2008. Project information forms (attached) were prepared for each project to be included in the RTIP.
PROJECT AMOUNT YEARS
Pavement Rehabilitation Program $ 14,000,000 2005-2008
North Fourth Avenue and Brisbane Street $ 500,000 2005
Broadway Reconstruction between C and F Streets $ 6,000,000 2005-2008
Fourth A venue Reconstruction between Davidson Street and SR-54 $ 3,000,000 2005-2006
Sidewalk lnstallationlRehabilitation Program $ 188,000 2005-2006
TOTAL $ 23,688,000
PROPOSED TRANSNET PROJECTS
In general, these projects involve widening and reconstruction, installation of asphalt concrete pavements,
curbs, gutters, sidewalks, streetlights, and drainage facilities. The Transnet funds will supplement the Gas
Tax funds normally utilized for these purposes.
Following is a more detailed discussion of each of the proposed projects:
Pavement Rehabilitation Program - FY 200S through FY 2008
This ongoing project involves the installation of asphalt concrete pavement on selected streets
throughout the City. The proposed Transnet funding for this project provides $3,500,000 per year
over the next four fiscal years for a total of $14,000,000. Staff will be evaluating alternative
expenditure plans for this allocation. One alternative is to implement a large-scale $14,000,000
pavement rehabilitation project within a one-year timefTame (FY 2005). A cost/benefit analysis
will determine the feasibility of affecting the loans that would be required to do the work in one
year, versus a program of annual pavement rehabilitation as funds become available. Staff will
forward a report to Council if the one-year approach is deemed to be feasible and cost effective.
North Fourth Avenue and Brisbane Street -FY 200S
This project involves the widening of Fourth A venue at the northeast corner of Brisbane Street
(north of Target). The work involves removal of existing street and relocation of existing utilities.
New asphalt concrete pavement, curbs, gutters, sidewalks, drainage and other facilities will be
;;¿
Page 3, Item L
Meeting Date 2/24/04
installed as part of the project. Proposed Transnet funding for this project is a one-time allocation
of$500,000.
Broadway Reconstruction between C and F Streets - FY 2005 through FY 2008
This currently budgeted CIP project will improve another important entryway to the City and its
reconstruction will be coordinated with the Community Development Department. The pavement
reconstruction will reduce the crown of the pavement and bring the street into compliance with
current City requirements. The rehabilitation of the street will be timed to coordinate with the
construction of necessary drainage improvements in the same project area. Proposed funding for
this project is $1,500,000 per year over the next four fiscal years for a total of$6,000,000. Phase I
design work is currently in progress, with construction scheduled for FY 2005.
Fourth Avenue and North Fourth Avenue Reconstruction
between Davidson Street and SR-54 - FY 2005 through FY 2006
This project enhances a primary entryway to the City and improves a major corridor connection to
the Civic Center and downtown. The reconstruction of Fourth Avenue will be coordinated with the
Community Development Department. The project will rehabilitate the existing street, reducing
the crown of the pavement, and meeting current City requirements. The proposed funding for this
project is $1,500,000 per year over the next two fiscal years for a total of$3,000,000. Design work
will begin in FY 2005, with construction planned for the following year.
Sidewalk InstalIationlRehabilitation Program - FY 2005 through FY 2006
The proposed allocations of $94,000 in each of the next two fiscal years will enable the City to
match potential state or federal funds (e.g., Safe Routes to Schools and other grants) in order to
install missing sidewalks, to reconstruct sidewalks, and to make pedestrian ramp improvements
throughout the City. Over 75% of the improvements will occur in infill areas of Western Chula
Vista.
SANDAG is expected to distribute the draft RTIP for review and comment in March 2004, with final
adoption anticipated for June of2004.
We are currently in the last four years of the Transnet program, which is set to expire in 2008. However,
the CityofChula Vista is working with SANDAG and other cities on a plan to extend the measure beyond
2008 in order to maintain this essential funding source.
FISCAL IMPACT: There is no impact to the General Fund. SANDAG has projected that Transnet
revenues totaling $23,688,000 will be allocated to the City ofChula Vista for fiscal years 2005 through
2008. As part of the City's CIP Program budget, Transnet funds should be appropriated according to the
allocation schedule in Table I (attached).
Attachments
File No. 0390-50-KY174
JWng;neerIAGENDAIRTIP 2005-O8.smn.cb.DOC
'8
TABLE 1. Projected Allocation of TransNet Funds - FY 2005 through FY 2008
PROJECT I FY 04/05 I FY 05/06 I FY 06/07 FY 07/08 II TOTAL
Pavement Rehabilitation Program $3,500,000 $3,500,000 $3,500,000 $3,500,00C $14,000,00~
North Fourth Ave and Brisbane St $500,000 $0 $0 $C $500,00~
00
1 Fourth Ave Reconstruction between I $1,500,000[ $1,500,0001 $01 $~I $3,000,0001
---t: Davidson St and SR-54
Broadway Reconstruction between C $1,500,0001 $1,500,0001 $1,500,0001 $1,5O0,00~1 $6,000,000
and F Streets
Sidewalk Installation/Rehabilitation $94,0001 $94,0001 $01 $~I $188,000
Program
),lEngineecIAGENDAIRTIP-TABLE I-FY2005-08.doc
CITYWIDE SIDEWALK INT ALLA TION/REHAB
AND PAVEMENT REHAB PROGRAMS
N
W+E
S
.,
NOTTe SCALE
MISSING SIDEWALK ALONG
QUINTARD ST
DETERIORATED PAVEMENT
AT HALSEY ST
.s. , f?
WJj
cnv Of
CHUiA VISTA
C.........'" .......,,"" ,n...
LEAD AGENCY,
City of Chol, Vi",
'RTIPNo.IMPOID
New Proje"
1(Iò",.di",'h"002RTlP""",".i"."ri"'~.proj<'"
Prol'" Title
Projoc'Loca",".
FY 04/05'¡"oogh FY 07/08 P"ement
Reh,bili"'.on Pm"""
Citywide
¡~:.::::..";;;;,."';;::;;,;':.;; ,~ihigm'"y m",p' - '.g i", O<,"",Id,"", E/
IPro;'" Limi,
Citywide
~"."dœfrom_"""""'ro"'"'""""O""b""'d"'Ykuidm""""'<hœri"'n,
ro",.""""p""'Jro.,"y,ro"i"'g""",b,."di..Ii""f"ro"",,,""",E=mp/'
od ;;:;I""""'",",PiMB/"¡,Mrlh"fA"'OOICro"'"""'h"fR"',""R=kCro'k
,
~ I!Pro;'" Dew,ip""" rbi, pm""" wiU ,oo,i" of AC oved,y'. ,hip
\> ",'¡""d,luny",lreh,bili"'¡oo"""'g"'toreh,b;¡¡""
de,,'¡orn,iog p,vement tbmughout the City.
~:::'~':.;:":':":~:;:;:;~-:';;i~::;"=;~ ~::';;~;::;~,~i'rn."'"
'-/,""",ro.,"""y,"~I,",þ.,"y","hlHOVI"M,,,"",m""'fi"'ml"M.)
POD Mil,
~'.g,h"fproj'"'1
V"",evetyye"".
T,ble I
Regional Transportation Improvement Program (RTIP)
New or Amendment Form
Pmjeet ",,",
Prepored by,
Samir Nuba"y
,h
Existing (o'~""'PPro",dprog~)
$0
$0
so
$0
$0
$0
$0
SO
$0
TOTAL,
$0
Proposed (ro".",d""",,)
Trno,""
$14.000.000
SO
$0
$0
$0
$0
$0
$0
TOTAL,
SO
$14.000,000
Fo, Food Type. ,eo 'RTIP F~d Type' table
pEoP,elimio"Y Eogio"ring. iodod" ","momenlal & d"ign; RWoRight-of-W,y; CONoCo"'tru"ion. indud" vehid" (fo, tnu"it)
'Foe aU CI pmjeola, Pmjeet lofo'marion Form (Table Z) mu" ","mpaoy Ib~ table.
so
$0 D $3.500.000
so II 53~OO,ooo
so
$3.500.000
53.500.000
Phon"
email,
(619)691-5116
,nuhailvrå),i.,hul,-,",Ia.," u,
C'p~'IyS"""
(CI~"'pa,iry'~~w'ng. NCI~'on"'p","¡i~ro",ing)
$0
$3.500.000
53,500.000
so
$0
$3.500.000
53,500,000
$0
$1.400.000
so II $1,400,000
$0
Dote.
OZllllO4
$0
$0
so
"'.600.000
so
"',600,DOO
Table 2
RTIP PROJECT INFORMATION FORM
Regionally Significant Capacity Increasing Projects
Agency:
Prepared By:
Fax:
City ofChula Vista
SaInir Nuhaily
(619) 691-5171
Date: 02111/04
Phone: (619) 691-5116
email: snuhaily@ci.chula-vista.ca.us
Project Title:
Limits (to/from):
T.B. Map Page/Grid:
No. of Lanes (from/to):
Facility Classification:
(ie., prime. major. collector)
FY 04/05 through FY 07108 Pavement Rehabilitation Program
Citywide
Citywide
Varies
Varies
Project Length:
Varies
Miles (nearest 1/10 mile)
Description (include diagram): This program will consist of asphalt concrete (AC) overlays, chip seals and slurry seal
rehabilitation strategies to rehabilitate deteriorating pavements throughout the City. With the Pavement Management System,
City Staff will develop an annual list of priority streets with deteriorating pavement. Rehabilitation of the existing pavement is
necessary to cost effectively extend its life and avoid further deterioration of the pavement and base material. Failure to
rehabilitate would subsequently result in an accelerated rate of deterioration, which would ultimately require full
reconstruction of pavement at a significantly higher cost.
I) Provide design concept and scope including all capacity improvement facilities and limits.
2) Either draw on reverse or attach figure showing before and after condition including lane diagram. interchange
or ramp configuration. intersection aud traffic signal locations, etc.
Estimate Total Cost:
Environmental
Engineering
1,400,000
Funding Sources:
Federal $
State $
TransNet $
Local $
Total $
Right-Of-Way
Construction
14,000,000
12,600,000
14,000,000
FY 04/05 to FY071O8
Total
Escalated to (Year):
14,000,000
Schedule:
Environmental
Clearance
N/A
Award
Construction
Contract
(Month-Year)
Varies
Open to
Traffic
Varies
(Month - Year)
(Month-Year)
.. A IT ACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED ..
)(-t7
Regiona. T,aa,po,tation Imp,ovement P'og,am (RTIP)
New °' Ameadment Fo'm
Pmje" Mona Sami, Nubaily Pbone (619) 69J-S1l6 Da", 02111/0.
LEAD AGENCY, City orCbula Vis," P"pa"d by, sh em"" ",uhailvlâJ,i ,h"la.vi"a" '"
Existing ("'~'"pprowdprogro",) C..~,~S,",",'
RTIP No./MPO lD. NewPmj,,' (CI-M""ioi'm",i,gNCI-~~rJ
"ndi"'"2001R12P.",h,",i,,."ri"'~,proj"')
Pro/~ITitie' Sidewolk rn"oIlation/Rehabilit..ion Prog"un "
Pro¡""Locoi"" Citywide "
"
$0
(rio"~"~"'"",=ilh,,'ro"d.."""hig¡""Y""I"',g i,O"",,id,..£1 "
C~i~R,"I(TBm"pIO86grld£.7) $0
P,oj""Limi< Citywide $0
"
$0
(S""nd"'from"",rond","m""~,¡,..O,¡,..b"""""rykmdm""'..""'",ri,,,,, TOTAL, $0 $0 $0 $0 $0 $0 $0 SO SO $0
~'¡"'S'""P""'./"."'Y.ro"i'g,=b"",,¡¡~h""'f"""'",rond, Ifuompf,
'ridg') Bf"'"""h"fA"~fC~,k""","h"fRo33,,,,R,,kC...k Pooposed (..~",.d.him",)
Con""'" mis_ng sidewol'" 0' "habili,"" T.a",." $1".000 $94.000 $94.000 $9.400 $0 $1".600
. on nunp 'mpmvemen" SO ,
N: $0
I~ (D<"rib"¡""""",b,""",.I,d""'i""ft='Mmp""""f'¡"impro"",m.f' $0
l¡,..ni"'fw'Iro..'Iro'~f""'"i..",lio~f"""iO-p/"..lrobili""rondo,"y.,""", $0
4./~"P","""y,,,~/_fr"""'Y,,"h2HOVf_'M"'n"f'fi"'rof=,) "
$0
iP"'MtI' V"'¡"eve'Yye",. "
$0
~ TOTAL, $1",000 $0 $94.000 $94,000 SO $0 $0 $9,400 SO $178,600
roc runa ¡ype. see 'RTIP "00 type '"'"
PE~"'elimimuy Engi"eering. ineludes e"vim=enbll & d"igo; RW~Righl-<>f.W,y; CON=Con"rnetion. ineludes vehieles (fo, _,it)
"F..all CI pco;ee", Pcojeet Infn'mation Fo,m (Table 2) mustmompany this table.
Table 2
RTIP PROJECT INFORMATION FORM
Regionally Significant Capacity Increasing Projects
Agency:
Prepared By:
Fax:
City ofChula Vista
Samir Nuhaily
(619) 691-5171
Date: 02/11/04
Phone: (619) 691-5116
email: snuhaily@ci.chula-vista.ca.us
Project Title:
Limits (to/from):
T.R. Map Page/Grid:
No. of Lanes (from/to):
Facility Classification:
(ie.. prime. major. collector)
Project Length:
Sidewalk InstallationlRehabilitation Program
Citywide
Citywide
N/A
N/A
Varies
Miles (nearest 1/10 mile)
Description (inclnde diagram): This project involves the removal and replacement of deteriorated curbs, gutters,
sidewalks and driveways. The proposed funding for the project, in the amount of $188,000 for the next two fiscal years
will enable the City to provide matching funds for potential state or federal funds to build missing sidewalks or reconstruct
sidewalk/pedestrian ramp improvements.
I) Provide design concept and scope including all capacity improvement facilities and limits.
2) Either draw on reverse or attach figure showing before and after condition including laue diagram. interchange
or ramp configuration. intersection and traffic signal locations. etc.
Estimate Total Cost:
Environmental
Engineering
Funding Sources:
Federal
Right-Of-Way $
Construction
$9,400
State
TransNet
$188,000
$178,600
188,000
FY 04/05 to FY 05/06
Local $
Total $
Total
Escalated to (Year):
188,000
Schedule:
Environmental
Clearance
N/A
Award
Construction
Contract
(Month-Year)
Varies
Open to
Traffic
Varies
(Month - Year)
(Month - Year)
** ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED **
:.Q
:;:,
NORTH FOURTH AVENUE AND
BRISBANE STREET
J:IENGINEER'ADVPLAN\2004 RTlP FORMSIEXHIBITS.APR
NORTH FOURTH AVE
& BRISBANE ST INTERSECTION
LEGEND
~ LIMITS OF
/ PROJECT
~ CITY
tfI""'" BOUNDARY
~(f?
WIi
CIIY Of
CHUIA VISfA
.'OC."." IN"""" ,,"'.
..~-~~.,,~,. C"jV'~"",' ..,.. novœOUUj. '" 'mml. "..mm,",w", ,"ma-v",a ~..,
Exis1ing ("'~""pprowdprog=') C'P"ityS,,",,'
RTIP N,IMPO ID N,w Proj", (CI-",p""i.i"~""'gNCI-~"",p""ilyi,,=i..g)
(ftm"" i.. ,I. 2IXl2 R11P, ""^"". ..rl" ,"", pro"'"
Proj~,T¡", North Fourth Avon.. ODd Brigbon, Sn," $0
ProJ~'Loortm.. TBMap,13l0/grid,A-I $0
$0
$0
«iry"~"-""'~'il""'ro"d~","'i",,,,,,,pp'-',,, mOœ",i"'"Ei $0
C~"~R,"I(TB"'pJ""rldE-7) $0
ProJ,ctLimil Thi, pwject ,",id" ",ong North Fourth Avon", $0
from B",b~, S""", '" ",pro~ma"'y tOO fool ~rth .f~, i""",,6... $0
$0
(Sl",dœ_,", """"""" ,,-,., O""'m"""rylamimœ".,,..h..rlw",. TOTAL, " " " " " '0 '0 '0 '0 '0
roo". S'œ,P,rlaJre..""ro"i.." 'M ho ""di~"""f"re'" ,,~d, _pI,
"'""I"Sl~","",Pi",B"""~""fA"""'C,,,"',"mh.IR""",R""Cre,k hopo"d (~..",d,hon,,)
rldgo.)
"'J"" """"plI... Widening of North Fourth Avo" th, north.." Tn.,.", $500.000 $0 $500.000 ""°.000 $0 $400.000 n
oow" with Bri,bon, St. Th, worl< involv" th, in".Il'bon of AC. $0
,..b. go"". m",w","'. drnmoge ODd nth" f"ili"". $0
I~ (Do,.rl',",.."""",,", I"'mk,i"'~='","po",m,,(".impro"m,m-i.. '0
n.."I,"Iw",lwml""',i,.,"lily",..jòro'ily&~pl."""'i/;'"","""",,,,'oown SO
No",~prem,"y," ~loo.ft<","y,,"'2HOVl~~ w""""".ft'"ro'oo..) $0
~ $0
P."MiI, 10" thon 0.1 mil.. $0
(I...",o/pro"".) $0
TOTAL, $500,000 SO $500,000 '0 '0 '0 '0 $100,000 '0 $400,000
0' Fulld Tyoe. see 'RTIP Funa vue to""~
Table 2
RTIP PROJECT INFORMATION FORM
Regionally Significant Capacity Increasing Projects
Agency:
Prepared By:
Fax:
City ofChula Vista
SamirNuhaily
(619) 691-5171
Date: 02/11/04
Phone: (619) 691-5116
email: snuhaily@cLchula-vista.caus
Project Title:
Limits (to/from):
T.B. Map Page/Grid:
North Fourth Avenue and Brisbane Street
This project is at the Northeast Comer of North Fourth Ave and Brishane St
131O/A-4
No. of Lanes (from/to):
Facility Classification:
(i.e.. prime, major, collector)
Project Length:
Four lanes from Brishane Stto approx. 100' north of intersection
Four-Lane Major
Less than O.!
Miles (nearest 1/10 mile)
Description (inelnde diagram): This project involves the widening of North Fourth Avenue at the northeast comer
with Brisbane Street. The work involves the removal of existing improvements and relocation of existing utilities. It also
involves the installation of asphalt concrete (Ae) pavement, curb, gutter, sidewalks, drainage and other facilities.
I) Provide design concept and scope including all capacity improvement facilities and limits.
2) Either draw on reverse or attach figure showing before and after condition includiug laue diagram. interchange
or ramp configuration. intersection and traffic signal locations. etc.
Estimate Total Cost:
Environmenlal $
Engineering $
Right-Of-Way $
Construction $
Total $
Escalated to (Year):
100,000
Funding Sources:
Federal $
State $
TransNet $
Local $
Total $
500,000
400,000
500,000
FY 04/05
500,000
Schedule:
Award
Environmental Construction
Clearance N/A Conlract
(Month-Year)
July-04
(Month-Year)
Open to
Traffic
June-05
(Month-Year)
.. ATIACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED"
P.4~
~
,
\\:;
BROADWAY RECONSTRUCTION
BETWEEN C AND F STREETS
J:\ENGlNEERIADVPLAN\21D4 RTIP FORMSIEXHIBITS.APR
INTERSECTION OF
BROADWAY & C STREET
LEGEND
~ LIMITS OF
PROJECT
~ CITY
.",.,... I B 0 U N D AR Y
~(ft..
""
01Y Of
CHUtA VISfA
o,oo....,e INfo....m.. .,.",.
Regional Tran.pnrtatlon Improvement Program (RTIP)
New nr Amendment Form
LEAD AGENCY'
City of Chola Vi",
PmjectMana
P"pared by'
Samir Nuhai'y
sh
Pho",'
,mIDI'
(619)691-'116
snohml"",i"holo-vi"a",,u,
Date
02lltlO4
C",æi.Ssn.,'
RTIP No,/MPO ID New Pcoj", Existing I",,~",.ppro~dprogrom) ICI""'I""'" i~~",i"g.. NCI-";;;;;P;;;¡¡;;;;;;;;;;;¡""
Iftm""i"",2002RTIP,'o",",'"","" """pro}"i)
Bmadway Recoostruonon botw,en C and F
Pro¡'" Tid, Sire", $0
Pro¡"'L~,,¡," TBM'Ps 13101 grid.. A-6. 1309/grid"'-'&6 $0
$0
$0
~~:::-'O"~'il¡",'rol'do""m,¡,¡gl""'Ym.p,.,g '"O"M,id,o"EI $0
¡¡'"'(TB~plO86grldE.7) $0
L'm" Thispmjecti,alongBm""wayfmm $0
CSnoettoFSn"" $0
$0
lêrfromO~rood""~""'~""O""bm"'daryl_",~"""",rl~n TOTAL, SO $0 $0 $0 $0 $0 $0 $0 SO $0
"."P"ili,fr<n..y="i"g,=b"',dm-¡""of"~"'",rood'Emmpl, p'oposed I~."",d"""g,)
1"',"'rl"fA~~/C~"""""'fR'3J,..R~kCo"k
)
Pav,ment reconstruction to 10'" City Tn",n" $6.000.000 $0 $1.500.000 $1.500.000 $1.500.000 $1.500.000 $600.000 $0 $5.400.000
requiremon"'.,,",""'" and rehab, It"" ""ting street, $0
SO
1lJ<~rib""".,*,.b,_,¡"d"""""ifi='-_""of"'¡mpro~."",.¡. $0
p"""'I",'Im"'Im'~/m",.i,."¡,.,~þm'¡,, Emmpl" ",lmb"""'..ad.."Y" ro"~" $0
-1~"'P"'""'Y"M'~fr<n""Y.."'2HOVI'"",'M"","I,ft"'ml.~) $0
$0
Po"M,lo App..xima"ly I mil" $0
p'"g"of pro},") $0
TOTAL, 56,"','" $0 $1,500,000 $1,500,000 SI,SOO,OOO $1,500,000 $0 $600,'" $0 $5,400,000
"' >ono 1ype. ,oe 'RTIP >ona 1ype tao"
PE~p'oIimi",oy Engin,ering. ;nolod" onvi..nmon"l & d"ign; RW~Righ'-of-Way; CON=Con'tn,,'inn. i"lud" YOhid" (fo, n""i')
of,, all CI projects, Proj," luf"mation Fo,m (Tahl, 2) 10." ."ompa.y thi, tabl,.
~
{.
~
Table 2
RTIP PROJECT INFORMATION FORM
Regionally Significant Capacity Increasing Projects
Agency:
Prepared By:
Fax:
City ofChula Vista
SaInir Nuhaily
(619) 691-5171
Date: 02/!1I04
Phone: (619) 691-5116
email: snuhaily@ci.chula-vista.ca.us
Project Title:
Limits (to/from):
T.B. Map Page/Grid:
No. of Lanes (from/to):
Facility Classification:
(i.e., prime. major. collector)
Project Length:
Broadway Reconstruction between C and F Streets
This project is along Broadway from C to F Streets
TB Maps: 1310/ grid: A-6, 1309/ grids: 1-5 &6
Four lanes from C Street to F Street
Four-Lane Major
Approx.0.75 Miles (nearest I/!0 mile)
Description (include diagram): The proposed project includes pavement reconstruction in order to reduce the
crown of the pavement area in order to meet current City requirements and rehabilitate existing street. This project is an
entryway to the City and its reconstruction will be coordinated with the Community Development Department of the City
ofChula Vista.
I) Provide design concept and scope including all capacity improvement facilities and limits.
2) Eithcr draw on reverse or attach figure showing before and after condition including lane diagram. interchange
or ramp cnnfiguration. intersectinn and traffic signal locations, etc.
Estimate Total Cost:
Environmental $
Engineering $
Right-Of-Way $
Construction $
Total $
Escalated to (Year):
600,000
Funding Sources:
Federal $
State $
TransNet $
Local $
Total $
6,000,000
5,400,000
6,000,000
FY 04/05 to FY 07/08
6,000,000
Schedule:
Environmental
Clearance
N/A
Award
Construction
Contract
Varies
Open to
Traffic
Varies
(Month - Year)
(Month - Year)
(Month-Year)
** ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED **
9,/5
FOURTH AVENUE RECONSTRUCTION
BETWEEN DAVIDSON STREET
AND STATE ROUTE 54 (SR-54)
..-
J:\ENGINEERlADVPLAN\2004 RTiP FORMSIEXHIBITS.APR
NORTHERLY LIMITS OF
THE PROJECT
LEGEND
./ LIMITS OF
""""" PROJECT
./ CITY
/' BOUNDARY
~ 1ft..
..
aTYOF
CHUIA VISfA
ome."""", ,.._nON ......
Existing I"'~"'appro~dp"""",,') Cap~'~S"'",,'
RTiP No,lMPO ill N,w Proj,ct ICJ~""""iryi"'~'i"g'NCJ~~~g)
Ift",mIi""'JOO1RnP'o"'no"","ri"'~'proj""
North Foorth Av, Rocon,tru,tion botw"n
Proj",T'tl, David..on S, & SR-54 $0
Proj""'L~,"o" TBM.pI3l0/gnd..,A-4.A-5.A-6&B-6 $0
$0
$0
l"ry'~"~"""~"'""ro"do""""high""y""p",g,'"O"",",id,,,"E' $0
C"mi"oR""(I1JmapJ086gridE.7) $0
,",,""'L,m" This pmj"" is ~ong North Fourth Av",oe ITom th, $0
,",=ectioow"" D"idwo ,"«t" "',S..., Roo" (SR) S4 $0
$0
IS'"I,dœfrom~oood",~","~"" o"',bm-ry/""¡m""'"",h",ri~n, TOTAL, $0 SO SO SO SO SO $0 SO SO SO
re"",S<""P""",fr<noap'ro"i"g,=h"",di~".'of"re""'road'_p/,
^,""J"Slre"""¡Pi~B/"'"oo"hofA"oo'Cm"",,"'hofR<JJ.,,'RockC,,,k Proposed I".,,",d,"mg']
ridg')
,",j""'O""'",oo Pmm",' ""nstruotion to m'et City Tn....' $3.000.000 SO $3.500.000 $1.500.000 $400.000 SO $2.600.000
and "habilita" ,xisting "oe.. $0
$0
r: --- SO
relo"'" """""'ry,,"ft>ro,'ry E=o'pk,rehabi/"""",mI",,y, """" SO
- ""ap"~/"~fr<"""y""hJHOV',,~""""n"'/'ftl"no""") $0
SO
Appm="ely 1 mot" $0
;"') SO
TOTAL, $3,000,000 SO Sl~oo.ooo SI~OO,ooo SO SO SO $400,000 $0 $2,600,000
[ °, uod Jype. soe 'lUil' FuOdlype tab,
Regionol T..nsportation Improvement Program (RTIP)
New or Amendment Form
LEAD AGENCY,
PmjectMma
"'ep."d by,
Sami, Nnhaily
sh
City ofChul. Vi,ta
PE~"'elimi",ny Eogineeriog. iodud" ",vimomeotal & d"igo; RW"Right~f-W.y; CON"Co",tru,tioo. iodud" vehid" (fOl '"osit)
'For all CI pIDjecb, pIDj.,1 lof..mation F.= (fable 2) mu,1 a".mpany 'hi, table.
pboo"
email'
(619) 691-5116
S!1!!hJtiIy@,i.,hula-vi.""us
Dot"
02/11/04
Table 2
RTIP PROJECT INFORMATION FORM
Regionally Significant Capacity Increasing Projects
Agency:
Prepared By:
Fax:
City ofChula Vista
Samir Nuhaily
(619) 691-5171
Date: 02/11/04
Phone: (619) 691-5116
email: snuhaily@ci.chula-vista.ca.us
Project Title:
Limits (to/from):
T.R. Map Page/Grid:
No. of Lanes (from/to):
Facility Classification:
(ie., prime. major. collector)
Project Length:
North Fourth A venue Reconstruction Between Davidson Street and State Route 54
This project is along North Fourth Avenue from Davidson St to SR 54
TB Map 1310 / grids: A-4, A-5, A-6 & B-6
Four lanes from Davidson Street to SR 54
Four-Lane Major
Approx.0.75 Miles (nearest 1110 mile)
Description (include diagram): The proposed project includes pavement reconstruction in order to reduce the
crown of the pavement area in order to meet current City requirements and rehabilitate the existing street. This project is an
entryway to the City and its reconstruction will be coordinated with the Community Development Department of the City
of Cbula Vista. Once completed, this project will allow for additional capacity for the northbound-to-eastbound SR-54 on-ramp.
I) Provide design concept and scope including all capacity improvement facilities and limits.
2) Either draw on reverse or attach figure showing before and after condition including lane diagram. interchange
or ramp configuration. intersection and tramc signal locations. etc.
Estimate Total Cost:
Environmental $
Engineering $
Right-Of-Way $
COttstruclion $
Total $
Escalated to (Year):
400,000
Funding Sottrces:
Federal $
State $
TransNet $
Local $
Total $
3,000,000
2,600,000
3,000,000
FY 04/05 to FY 05/06
3,000,000
Schedule:
Environmental
Clearance
N/A
Award
Construction
Contract
(Month-Year)
Varies
Open to
Traffic
Varies
(Month - Year)
(Month - Year)
** ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED **
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUBMITTAL OF CHULA
VISTA'S PORTION OF THE REGIONAL TRANSPORTATION
IMPROVEMENTPROGRAMTOSANDAG
WHEREAS, state and federal laws require the San Diego Association of Governments
(SANDAG) to develop and adopt a Regional Transportation Improvement Program (RTIP) every
two years in order to continue receiving federal and state funding; and
WHEREAS, all projects that the City of Chula Vista proposed to fund with TRANSNET
funds must also be included in the RTIP, which currently covers fiscal years 2003 through 2008; and
WHEREAS, every two years, SANDAG updates its RTIP and releases new funding
projections for the cities within the San Diego County, at which point, local agencies have an
opportunity to amend their funding programming, using the Transnet Program guidelines; and
WHEREAS, as the City's projects have been completed or design plans further developed,
thus refining scope of work and costs estimates, it has become necessary for Chula Vista to adopt a
new four-year list of Transnet project for inclusion in the RTIP for fiscal years 2005-2008; and
WHEREAS, the proposed list of five major TRANSNET projects, in order of priority, is
consistent with the City's CIP program and will utilize TRANSNET funds in fiscal years 2005
through 2008:
Project Amount Years
Pavement Rehabilitation Program $ 14,000,000 2005-2008
North Fourth Avenue and Brisbane St. $ 500,000 2005
Broadway Reconstruction between C and F Streets $ 6,000,000 2005-2008
Fourth Avenue Reconstruction between Davidson St. and SR-54 $ 3,000,000 2005-2006
Sidewalk InstallationlRehabilitation Program $ 188,000 2005-2006
Total $ 23,688,000
PROPOSED TRANSNET PROJECTS
NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City ofChula Vista does
hereby approve the submittal ofChula Vista's portion of the Regional Transportation Improvement
Program for Fiscal Years 2005 through 2008 to SANDAG consisting of the above-referenced
projects.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
D~t.~
Ann Moore
City Attorney
nA TTORNEYlresoIG<antsIGRANT RTIP 2004