HomeMy WebLinkAboutAgenda Packet 2006/02/07
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Signed
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Stephen C. Padilla, Mayor
Patricia E. Chavez, Councilmember David D. Rowlands, Jr., City tvianager
John McCann, Councilmember Ann Moore, City Attorney
Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk
Steve Castaneda, Council member
February 7, 2006
4:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· INTRODUCTION BY DAVID PALMER, ASSISTANT CITY MANAGER, OF THE
EMPLOYEE OF THE MONTH, ANNA GIULIANO, ADMINISTRATIVE
SECRETARY IN THE LIBRARY
. OATHS OF OFFICE:
Mary Alim, Childcare Commission
Susana Liston, Cultural Arts Commission
· RECOGNITION BY POLICE CHIEF EMERSON OF RETIREES, CAPTAIN KEN
DYKE, AGENT CARLOS MIRANDA AND AGENT HAL KING, JR.; AND
INTRODUCTION OF LATERAL OFFICERS JOHN AUTOLINO, RUSTY NELSON,
JUAN VASQUEZ, TIM TSEKO-BIFFLE, MATTHEW SHERARD, WESLEY
MANNING AND ALAN DE LA PENA
· DID YOU KNOW...ABOUT THE LIBRARY'S MARKETPLACE SERVICE MODEL?
Presented by Assistant City Manager/Library Director David Palmer and
Principal Librarian JoAnn Jonas
CONSENT CALENDAR
(Items I through 4)
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 immediately following the Consent Calendar.
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1. APPROVAL OF MINUTES of the Special Meeting of December 16, 2005.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
· Letter of resignation from Julius Bennett, Member of the Board of Ethics.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN UNCONTROLLED EMBANKMENT AGREEMENT BETWEEN
THE CITY OF CHULA VISTA, THE OTAY LAND COMPANY, AND MCMILLIN
LAND DEVELOPMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
Adoption of the resolution approves an agreement that allows McMillin Land
Development to deposit soil in an "uncontrolled" fashion on property owned by the Otay
Land Company. This work is to be done in preparation for the Otay Ranch Town Center
shopping center, and to construct an access road from Olympic Parkway. In accordance
with the Municipal Code, an agreement is required for any soil deposits designated as an
uncontrolled embankment and to address the future maintenance of the embankment as
well as development of the site in which the embankment is located. (City Engineer)
Staff recommendation: Council adopt the resolution.
4 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING STATE RECREATION GRANT FUNDS IN THE AMOUNT OF
$840,000 FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA
CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL
PROTECTION ACT OF 2002
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT, "EUCALYPTUS
PARK - VARIOUS IMPROVEMENTS" (PR 281), AND APPROPRIATING $140,000
FROM THE STATE RECREATION GRANT FUND (4/5THS VOTE REQUIRED)
In August 2005, Council approved an application for grant funds for the Per Capita Grant
Program. A grant contract has been executed, and the City was awarded $840,000 in Per
Capita Grant funds, which will be expended through the Capital Improvement Program.
Adoption of the resolutions approves acceptance of the grant funds as necessary for
expenditure of various capital improvement projects, establishes a new capital
improvement project for improvements at Eucalyptus Park, and approves an
appropriation of $140,000 of the grant funds for that project. (General Services Director)
Staff recommendation: Council adopt the resolutions.
ITEMS REMOVED FROM THE CONSENT CALENDAR
Page 2 - Council Agenda
http://www. chulavistaca.gov
February 7, 2006
PUBLIC COMMENTS
Persons speaking during Public Comments 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.
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
5. CONSIDERATION OF ADOPTION OF THE 2006 LEGISLATIVE PROGRAM
The Legislative Program represents the Council's position on items likely to be acted
upon by the State Legislature, Congress, or administrative agencies. By adopting a
Legislative Program at the beginning of each two-year legislative session and amending it
at mid-term, Chula Vista is able to take a proactive role in sponsoring, supporting, or
opposing bills related to the City's various legislative priorities. (Legislative Committee,
Intergovernmental Affairs Coordinator)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE 2006 LEGIS LA TIVE PROGRAM
6. CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING A
REQUEST TO THE SAN DIEGO UNIFIED PORT DISTRICT THAT AMENDMENT
NO. I TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN
DIEGO UNIFIED PORT DISTRICT AND THE CITY OF CHULA VISTA BE
AMENDED TO REALLOCATE $1,715,435 AMONG TIDELANDS PROJECTS
The San Diego Unified Port District (Port District) and the City of Chula Vista entered
into a Memorandum of Understanding (MOU) in 1996 that provided approximately $14.4
million in Port District capital improvement funds for tidelands projects within Chula
Vista. In 2004, the Port Board and the Council approved Amendment No. I to the MOU.
The amendment prioritized fund allocations for tidelands projects deemed critical to the
implementation of the Chula Vista Bayfront Master Plan, the joint planning effort
between the City and the Port District for redevelopment of the Chula Vista bayfront.
The MOU, as amended, designates $1,715,435 for a future loan to the Redevelopment
Agency of the City of Chula Vista. The loan will no longer be needed and staff
recommends that those MOU funds be reallocated to other tidelands projects within the
City as identified. ( City Manager)
Staff recommendation: Council adopt the following resolution:
Page 3 - Council Agenda
http://www.chulavistaca.gov
February 7, 2006
-1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING A REQUEST BE MADE TO THE SAN DIEGO UNIFIED
PORT DISTRICT THAT AMENDMENT NO. I TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT
DISTRICT AND THE CITY OF CHULA VISTA BE AMENDED TO
REALLOCATE $1,715,435 AMONG TIDELANDS PROJECTS
OTHER BUSINESS
7. CITY MANAGER REPORTS
8. MAYOR'S REPORTS
A. Ratification of appointment of Lynda Gilgun to the Resource Conservation
Commission.
B. Ratification of appointment of Eloy Ledesma to the Youth Advisory Commission.
C. Ratification of appointment of Aurora Cudal, Nancy Batterman, and Earl Jentz to
the Housing Advisory Commission.
9. 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).
10. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. One case
II. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. One case
12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· In re: The Environmental Trust, Inc. (USBC # 05-02321-LAII)
ADJOURNMENT to the Regular Meeting of February 14, 2006 at 6:00 p.m., in the Council
Chambers.
Page 4 - Council Agenda
http://www.chulavistaca.gov
February 7, 2006
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
Page 5 - Council Agenda
http://www.chulavistaca.gov
February 7, 2006
.Ul
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
December 16, 2005
4:00 P.M.
A Special Meeting of the City Council of the City of Chula Vista was called to order at 4: 14 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda, McCann, Rindone and Mayor
Padilla
ABSENT:
Councilmembers:
None
ALSO PRESENT:
City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
I A. INTERVIEWS TO FILL THE VACANCY OF COUNCIL SEAT I
Mayor Padilla explained the process to be used for the interviews and asked those to be
interviewed to leave the Chambers until they were called. Councilmember Rindone explained
that applicants may be asked similar questions, and the Council did not want to give an
advantage to anyone candidate. He also suggested that each Councilmember ask three questions
initially and then follow up with additional questions, if desired. The Council then interviewed
the following applicants:
Russ Hall
Patricia Chavez
Dan Horn
B. APPOINTMENT TO COUNCIL SEAT ONE I
Councilmember Castaneda asked that the Charter Review Commission provide a
recommendation to the Council regarding a possible Charter amendment delineating the process
by which individuals apply and the Council makes appointments to fill vacancies on the Council.
If legally feasible, he asked that the proposed amendment be placed on the June ballot.
Councilmember Rindone concurred with the referral and added the need for the Charter Review
Commission to consider the length of time remaining on the term, as well.
ACTION:
Mayor Padilla then moved to appoint Patricia E. Chavez to fill the vacancy in
Council Seat I. Deputy Mayor McCann seconded the motion.
Rudy Ramirez stated that he wished the Council had handled the appointment differently and
disagreed with the process used to fill the vacancy.
/
Gus Chavez, representing South Bay Forum and Crossroads II, stated that a three-day application
period was too short, and too few applicants had been interviewed. He suggested that the
Council had possibly violated the Brown Act.
Sherri Vasquez strongly objected to the process.
Peter Watry stated that Eleanor Anderson was the last appointed Councilmember who ran for
election and lost, and he believed that Ms. Chavez would automatically win in the next election
and hold the seat for the next nine years. He also believed that the Council had acted against the
wishes of the public.
Sharon Floyd said she was sorry that several people in the Chambers were disappointed in the
selection process, but was sure they would be appreciative of the Council's action in the future.
Jesse Navarro congratulated Ms. Chavez but expressed disappointment in the process and
manner in which he believed the Council had circumvented the will of the people.
Gerald Scott objected to the appointment of someone who will run as an incumbent and stated
that he believed the selection process was not fully public and transparent.
Jim Peterson expressed disappointment in the process.
ACTION:
The Mayor then called for the vote on the motion, which carried 4-0.
City Clerk Bigelow administered the oath of office to newly appointed Councilmember Chavez.
David Krogh, one of the applicants for the appointment, expressed support of the Council's
action and applauded them for their integrity and knowledge of the law.
Councilmember Chavez thanked the Council for her appointment, stating that she was honored.
She promised to work hard on behalf of the community.
Deputy Mayor McCann congratulated Councilmember Chavez, stating that he had confidence in
her abilities and looked forward to working with her. He reiterated the need to make sure that
the City has a public policy in place to address religious participation in City events. He
suggested inviting the group that was not allowed to participate in the recent holiday festival to
perhaps perform at another event. He then wished everyone a Merry Christmas.
Mayor Padilla reported that he had conducted several interviews with media on behalf of the
Council and made it clear that the situation had been an unfortunate mistake and did not reflect
the Council's attitudes. He stated that Chula Vista's proud tradition of diversity demands that
everyone be included and afforded the opportunity to express their own beliefs. He said that he
had apologized to the troop and Calvary Chapel, and had extended an invitation to the group to
perform at the Council meeting next Tuesday.
Page 2 - Council Minutes
http://www .chula vistaca. gov
December 16, 2005
OTHER BUSINESS
2. CITY MANAGER'S REPORTS
There were none.
3. MA YOR'S REPORTS
There were none.
4. COUNCIL COMMENTS
There were none.
PUBLIC COMMENTS
There were none.
ADJOURNMENT
Mayor Padilla adjourned the meeting at II: II p.m. to the Regular Meeting of December 20,
2005 at 6:00 p.m. in the Council Chambers.
~~LJ <~.~j{~~
Susan Bigelow, MMC, City Clerk
Page 3 . Council Minutes
http://www.chula vistaca.gov
December 16, 2005
-----Original Message-----
From: Julius Bennett [mailto:revjbennett@cox.net]
Sent: Monday, January 30, 2006 3:12 PM
To: Diane Clancey
Subject: Re: Meeting of the Board of Ethics on 1/25/06
Oiane--Please inform members of the Board of Ethics that I am resigning my
position on the Board effective immediately. My resignation is due to the
fact that I will be relocating to Los Angeles to accept the pastorate of a
church located in that city. I have enjoyed my tenure on the board and
pray for continued success, and thank you for the opportunity to serve.
Reverend Julius R. Bennett
----- Original Message -----
From: "Diane Clancey" <DClancey@ci.chula-vista.ca.us>
To: <kbatcher@batcherlaw.com>; <Revjbennett@cox.net>: <sirguy@cox.net>;
<michael.german@doj.ca.gov>; <rcsearles@ucsd.edu>; <Calistarr@aol.com>
Sent: Friday, January 20, 2006 5:02 PM
Subject: Meeting of the Board of Ethics on 1/25/06
-----.--.. --_._._--_."._--~ .-
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COUNCIL AGENDA STATEMENT
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Item ....>
Meeting Date 2/07/06
ITEM TITLE:
Resolution approving an Uncontrolled Embankment Agreement between
the City of Chula Vista, the Otay Land Company, and McMillin Land
Development, and authorizing Mayor to execute said Agreement.
SUBMITTED BY:
City Engineer ~
City Manager Ji?~' 7J K
(4/Sths Vote: Yes_NolL)
REVIEWED BY:
- Adoption of the resolution approves an agreement between the City of Chula Vista, McMillan Land
Development, and the Otay Land Company, that allows McMillan Land Development to deposit soil
in an "uncontrolled" fashion on property owned by the Otay Land Company. This work is to be done
in preparation for the Otay Ranch Town Center shopping center, and to construct an access road
from Olympic Parkway. In accordance with the Chula Vista Municipal Code, an agreement is
required for any soil deposits designated as an uncontrolled embankment and to address the future
maintenance of the embankment as well as development of the site in which the embankment is
located.
RECOMMENDATION: That Council adopts the resolution.
BOARDS/COMMISSIONS RECOMENDATlONS:
Not applicable.
DISCUSSION:
McMillan Land Development, in preparation for the Otay Ranch T own Center shopping center site,
is required to construct a four-lane paved road connecting the site to Olympic Parkway. In order to
make the connection, additional grading was required to match the existing grades of Olympic
Parkway. This grading is comprised of removing soil from the area where the connection to
Olympic Parkway is being made and placing it on an adjacent vacant property owned by the Otay
Land Development Company.
The site owned by the Otay Land Company has been previously graded, but will require additional
grading in order for it to be developed. Development plans for the site have not yet been prepared.
While it seems clear that the site will need to be raised in certain areas in order for it to be developed,
without the benefit of a development plan, the exact locations are unknown at this time. Placement
ofthe soil from the Olympic Parkway connection point onto the vacant property owned by the Otay
Land Company will not prevent the future development of the site.
Grading operations for the placement of fill material typically include full compaction ofthe material
along with a complete inspection by Public Works Inspectors. Knowing that the fill material being
relocated by McMillin Land Development will be moved again in the future once a full development
plan for the site has been made, the effort in compacting and inspecting the material now would be
---
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Page 2 Item~
Meeting Date 2/07/06
inefficient. By placing the fill in an "uncontrolled" manner, typical compaction and inspection
requirements would be deferred until the site is ready to be fully developed. Approval of the
Uncontrolled Embankment Agreement would make McMillin Land Development responsible for the
placement of the fill, would require an additional soils report and grading permit prior to
development ofthe site, and would indemnify the City from any and all claims for personal injury, or
property damage which are alleged to be caused directly or indirectly by the work related to the
placement or maintenance of the resulting uncontrolled embankment.
FISCAL IMPACT: None to the City. All staff costs associated with the proposed agreement will
be reimbursed from the developer's deposits.
Attachments:
1) Vicinity Map
2) Uncontrolled Embankment Agreement
J:\EngineerIAGENDA\CAS2006\02-07-061A113 Uncontrolled Embankment.doc
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ATTACHMENT L
WHEN RECORDED RETURN TO:
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RECORDING REQUEST BY:
City Clerk
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use
Assessor's Parcel No. 643=.020-64
AGREEMENT FOR LAND DEVELOPMENT FOR UNCONTROLLED
EMBANKMENT
THIS AGREEMENT made and entered into this day of
,2006, by and between the CITY OF CHULA VISTA, hereinafter "City",
OTA Y LAND COMPANY, hereinafter "Developer", and MCMILLIN LAND
DEVELOPMENT, hereinafter "Applicant."
WITNESSETH
WHEREAS, Developer is the owner of certain real property located within the
City of Chula Vista, County of San Diego, State of California, and more particularly
described in EXHIBIT "A", attached; and,
WHEREAS, Developer has allowed to be placed up on said property certain fill
material, i.e. dirt, rocks, etc., which fill material has been so placed in the manner known
as loose fill and uncompacted; and,
WHEREAS, Applicant, has guaranteed and will be responsible for the placement
of the fill material; and,
WHEREAS, pursuant to Section 15.04.285 of the Chu1a Vista Municipal Code,
such fill is designated as an uncontrolled embankment requiring the execution of a
special maintenance agreement for land development,
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the City
and Developer as follows:
1. The fill deposited by Applicant on that certain "Property" described in said
EXHIBIT "A" and as shown on Exhibit "B", owned by Developer, shall hereby
be designated as an uncontrolled embankment and shall be constructed in
1
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accordance with Grading Permit No. OR-25lG and plans therefore approved by
the City Engineer.
2. Developer hereby acknowledges that as an uncontrolled embankment, the
Property site is not eligible for a building permit, unless special soils analysis and
foundation design are submitted and approved by the City in its discretion and
Developer agrees to provide said soils analysis and foundation design or to
reconstruct the embankment and fill in the manner as approved by the City
Engineer.
3. The Placement of fill material shall be done in a safe and sanitary manner at the
sole cost, risk, and responsibility ofthe Applicant and Developer. The fill
material shall be maintained in a safe and sanitary manner at the sole cost, risk,
and responsibility of the Developer and their successors in interest.
4. Developer and Applicant shall defend, indemnify, and hold City, its employees,
officers, and agents, harmless from any and all claims for personal injury, death,
or property damage, which are alleged to be caused directly or indirectly by the
work authorized by Grading Permit No. OR-25lG, or by the uncontrolled
embankment maintenance.
5. This Agreement shall be binding upon Developer, Applicant, any Builder and any
Associations upon transfer of maintenance obligations to the Builder(s) or
Association(s), respectively. This Agreement shall inure to the benefit ofthe
successors, assigns and interests of the parties as to any or all of the Property.
6. The burden of the covenants contained in this Agreement ("Burden") is for the
benefit of the Property and the City, its successors and assigns, and any successor-
in-interest thereto. The City is deemed the beneficiary of such covenants for and
in its own right and for the purposes of protecting the interest of the community
and other parties, public or private, in whose favor and for whose benefit such
covenants running with the land have been provided, without regard to whether
the City has been, remained or are owners of any particular land or interest
therein. If such covenants are breached, the City shall have the right to exercise
all rights and remedies and to maintain any actions or suits at law or in equity or
other proper proceedings to enforce the curing of such breach to which it or any
other beneficiaries of this Agreement and the covenants may be entitled.
2
3/6
IN WITNESS WHEREOF, the parties hereunto have set their hands and seal the day and
year first above written.
ATTEST:
THE CITY OF CHULA VISTA
Susan Bigelow, City Clerk
Stephen C. Padilla, Mayor
,
APPLICANT:
McMillin Otay Ranch, LLC
A Delaware limited liability company
By: McMillin Companies, LLC
A Delaware limited liability company
Its: Manager
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DEVELOPER:
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APPROVED AS TO FORM BY:
Ann Moore, City Attorney
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EXHIBIT "A"
Legal Description
A portion ofParcelZ of Parcel Map No. 18789, and a portion of the fractional southeast
quarter of Section 3, Township 18 south, range 1 west, San Bernardino Meridian, all in
the City of Chula Vista, County of San Diego, State of California.
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EXHIBIT "B"
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EXCAVATION
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RESOLUTION NO. 2006-
RESOLUTION APPROVING THE UNCONTROLLED EMBANKMENT
AGREEMENT BETWEEN THE CITY OF CHULA VISTA, THE OTAY
LAND COMPANY, AND MCMILLIN LAND DEVELOPMENT, AND
AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT.
WHEREAS, Otay Land Company ("Developer") is the owner of certain real property
located within the City of Chula Vista, County of San Diego, State of California, and more
particularly described in EXHIBIT "A" of the Uncontrolled Embankment Agreement; and,
WHEREAS, Developer has agreed to allow certain fill material to be placed on said
property in the manner known as loose fill and uncompacted; and,
WHEREAS, McMillin Land Development ("Applicant"), has guaranteed, and will be
responsible for the placement of the fill material; and,
WHEREAS, pursuant to Section 15.04.285 of the Chula Vista Municipal Code, such fill
is designated as an uncontrolled embankment requiring the execution of a special maintenance
agreement for land development,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Uncontrolled Embankment Agreement between McMillin Land
Development, the Otay Land Company, and the City of Chula Vista, for placement of soil from
Town Center Drive to a location within Otay Land Company's property as shown in the
Uncontrolled Embankment Agreement, 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 and directed to execute said agreements for, and on behalf of, the City of Chula Vista.
APP/jd as to form by
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~Moore
ty Attorney
Presented by
Sohaib AI-Agha
City Engineer
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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
Ann Moore
~ City Attorney
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Uncontrolled Embankment Agreement
Between the City of Chula Vista, the Otay Land Company,
and McMillin Land Development
Dated:
3--/0
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
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RECORDING REQUEST BY:
City Clerk
WHEN RECORDED RETURN TO:
Above Space for Recorder's Use
Assessor's Parcel No. 643-020-64
AGREEMENT FOR LAND DEVELOPMENT FOR UNCONTROLLED
EMBANKMENT
THIS AGREEMENT made and entered into this day of
,2006, by and between the CITY OF CHULA VISTA, hereinafter "City",
OT A Y LAND COMPANY, hereinafter "Developer", and MCMILLIN LAND
DEVELOPMENT, hereinafter "Applicant."
WITNESSETH
WHEREAS, Developer is the owner of certain real property located within the
City of Chula Vista, County of San Diego, State of California, and more particularly
described in EXHIBIT "A", attached; and,
WHEREAS, Developer has allowed to be placed up on said property certain fill
material, i.e. dirt, rocks, etc., which fill material has been so placed in the manner known
as loose fill and uncompacted; and,
WHEREAS, Applicant, has guaranteed and will be responsible for the placement
of the fill material; and,
WHEREAS, pursuant to Section 15.04.285 of the Chula Vista Municipal Code,
such fill is designated as an uncontrolled embankment requiring the execution of a
special maintenance agreement for land development,
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the City
and Developer as follows:
I. The fill deposited by Applicant on that certain "Property" described in said
EXHIBIT "A" and as shown on Exhibit "B", owned by Developer, shall hereby
be designated as an uncontrolled embankment and shall be constructed in
1
3--//
accordance with Grading Permit No. OR-25IG and plans therefore approved by
the City Engineer.
2. Developer hereby acknowledges that as an uncontrolled embankment, the
Property site is not eligible for a building permit, unless special soils analysis and
foundation design are submitted and approved by the City in its discretion and
Developer agrees to provide said soils analysis and foundation design or to
reconstruct the embankment and fill in the manner as approved by the City
Engineer.
3. The Placement of fill material shall be done in a safe and sanitary manner at the
sole cost, risk, and responsibility of the Applicant and Developer. The fill
material shall be maintained in a safe and sanitary manner at the sole cost, risk,
and responsibility of the Developer and their successors in interest.
4. Developer and Applicant shall defend, indemnify, and hold City, its employees,
officers, and agents, harmless from any and all claims for personal injury, death,
or property damage, which are alleged to be caused directly or indirectly by the
work authorized by Grading Permit No. OR-25 I G, or by the uncontrolled
embankment maintenance.
5. This Agreement shall be binding upon Developer, Applicant, any Builder and any
Associations upon transfer of maintenance obligations to the Builder(s) or
Association(s), respectively. This Agreement shall inure to the benefit of the
successors, assigns and interests of the parties as to any or all of the Property.
6. The burden ofthe covenants contained in this Agreement ("Burden") is for the
benefit of the Property and the City, its successors and assigns, and any SUCCeSSDr-
in-interest thereto. The City is deemed the beneficiary of such covenants for and
in its own right and for the purposes of protecting the interest of the community
and other parties, public or private, in whose favor and for whose benefit such
covenants running with the land have been provided, without regard to whether
the City has been, remained or are owners of any particular land or interest
therein. If such covenants are breached, the City shall have the right to exercise
all rights and remedies and to maintain any actions or suits at law or in equity or
other proper proceedings to enforce the curing of such breach to which it or any
other beneficiaries ofthis Agreement and the covenants may be entitled.
2
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IN WITNESS WHEREOF, the parties hereunto have set their hands and seal the day and
year first above written.
ATTEST:
THE CITY OF CHULA VISTA
Stephen C. Padilla, Mayor
Susan Bigelow, City Clerk
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APPLICANT:
McMillin Otay Ranch, LLC
A Delaware limited liability company
By: McMillin Companies, LLC
A Delaware limited liability company
Its: Manager
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DEVELOPER:
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Name
Name
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TItle
Name
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Title
APPROVED AS TO FORM BY:
Ann Moore, City Attorney
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EXHIBIT" A"
Legal Description
A portion ofParcelZ of Parcel Map No. 18789, and a portion of the fractional southeast
quarter of Section 3, Township 18 south, range 1 west, San Bernardino Meridian, all in
the City of Chula Vista, County of San Diego, State of California.
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EXHIBIT "B"
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COUNCIL AGENDA STATEMENT
Item
Meeting Date 02107/06
Y-
ITEM TITLE:
Resolution accepting State Recreation Grant Funds in the
amount of $840,000 for the Per Capita Grant Program under the
California Clean Water, Clean Air, Safe Neighborhood Parks and
Coastal Protection Act of 2002.
Resolution establishing a new capital improvement project
"Eucalyptus Park - Various Improvements" (PR 281) and
appropriating $140,000 from the State Recreation Grant Fund.
SUBMITTED BY:
Director of General Services ~y ~ /
Director of Public Works Operation~)/
City Manager f ~j7R. (4/Sths Vote: Yes
x
No~
REVIEWED BY:
In August 2005, Council approved by Resolution 2005-281 an application for grant funds for the
Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood
Parks and Coastal Protection Act of 2002. A Grant Contract has been executed, and the City
awarded $840,000 (see executed Grant Contract - Attachment I) in Per Capita Grant funds,
which will be expended through the Capital Improvement Program. At this time, staff is
recommending that Council accept the grant funds as necessary for expenditure of various
capital improvement projects.
In addition, the Eucalyptus Park project has been identified as one of several capital
improvement projects meeting the grant criteria for expenditure and will utilize $140,000 of the
grant funds.
RECOMMENDATION: That Council:
I. Adopt a resolution to accept the State Recreation Grant Funds in the amount of $840,000
for the Per Capita Grant Program under the California Clean Water, Clean Air, Safe
Neighborhood Parks and Coastal Protection Act of2002.
2. Adopt a resolution approving the establishment of a new capital improvement project
"Eucalyptus Park - Various Improvements" (PR 281) and appropriating $140,000 from
the State Recreation Grant Fund.
BOARDS/COMMISSION: N/A
DISCUSSION:
A Grant Contract has been executed, and the City awarded $840,000 (see executed Grant
Contract) in Per Capita Grant funds, which will be expended through the Capital Improvement
Program. The expenditure of grant funds will be administered and managed through the Capital
Improvement Program. As projects are ready to move forward, staff will return to Council for
appropriation of those funds to specific eligible projects. Some potentially eligible projects that
may utilize these funds are Gayle McCandliss Park, replacing the Community Development
4-1
Page 2, Item_
Meeting Date 02/07/06
Block Grant funding removed last year and renovations to the Memorial Bowl at Memorial Park.
One eligible project ready to move forward is the "Eucalyptus Park - Various renovations" CIP
PR281.
In order to maXImIze the City's expenditure of State Recreation Grant funds staff is
recommending that funds in the amount of $140,000 be allocated to the establishment of a new
capital improvement project (PR 281) specific to providing various improvements such as
security gates, new walkways around playground, bleachers, dumpster enclosures, new picnic
shelters and fencing for Eucalyptus Park. See Attachment 2 for cost breakdown. Eucalyptus
Park is 79 years old and has had some improvements over the past 10 years including a new
restroom and tot lot, however, the items listed above are in urgent need of repair. It is
anticipated that various contractors will provide for improvements at which time, if necessary,
staff will return to Council to approve those contracts.
FISCAL IMPACT: There is no impact on the General Fund as the funds for these
improvements have been provided for as part of the Per Capita Grant Program under the
California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of
2002. Approval of this resolution will result in accepting State Recreation Grant Funds in the
amount of $840,000 for the Per Capita Grant Program under the California Clean Water, Clean
Air, Safe Neighborhood Parks and Coastal Protection Act of2002 and appropriation of$140,000
to establish a new capital improvement project "Eucalyptus Park Various Improvements" (PR
281).
Attachment I: Executed Grant Contract, 2002 Resources Bond Act Per Capital Grant Program
Attachment 2: Eucalyptus Park Cost Breakdown
rile: J:IGENERAL SERVICESIGS ADMINISTRATlONICQUNCIL AGENDAIEUCALYPTUS PARK - PER CAPITA GRANT
ACCEPTANCE\PR281 EUCALYPTUS PARK AND PER CAPITA GRANT ACCEPTANCE.DOC
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ATTA,CHMEi'n
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State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2002 Resources Bond Act
PER CAPITA GRANT PROGRAM
RECEIVED OCT 21lDII5
GRANTEE City of Chula Vista
THE PROJECT PERFORMANCE PERIOD is from
July 01, 2003
thru
June 30, 2011
The Grantee agrees to the terms and conditions of this Contract, and the State of California, acting through
its Director of Parks and Recreation pursuant to the Per Capita Program in the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, agrees to fund the total Project
Grant Amount indicated.
THESE FUNDS ARE FOR THE ACQUISITION AND DEVELOPMENT OF NEIGHBORHOOD,
COMMUNITY, AND REGIONAL PARKS AND RECREATION LANDS AND FACILITIES,
Totai State Grant Amount not 10 exceed $840,000,00
By
The General and Special Provisions attached
are made a part of and incorporated into the
Contract.
City of Chula Vista, Buil ing & Parks Construction
Ihortzed Representative)
Tltle c 1lJr
Date 0L104U n, 7-ill ')
By
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By ~~~
,~ ,-
Date ./0.---97'~' r
CERTIFICATION OF FUNDING
Title
Dale
CONTRACT NO
C0207407
AMENDMENT NO
CAlSTARS VENDOR NO.
000000431100
FUND.
CA CLEAN WATERAIRSAFE NGHBORHO PKSCOASTL PROTCT
I PROJECT NO.
AMOUNT ENCUMBERED BY THIS DOCUMENT
$840,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
CONTRACT
TOTAL AMOUNT ENCUMBERED TO DATE
$ $840,000.00
OBJ. EXPEND
702
FISCAL YEAR
2005/06
PROJECT I WORK PHASE
ITEM
3790-101,6029(1 )(a)
INDEX.
1091
PCA.
66010
T.B.A. NO.
I hereby ces1ify upon my per5ona! knowledge tnat budgeted funds are available for this encumbrance.
B.R..NO.
L/~3
Attachment 2
Eucalyptus Park Improvements (lower section only)
Item
Remove and replace ballfield fencing
Remove and replace three bleachers
New walkways (remove and replace) near playground
New trash receptacles (10)
Remove and replace security gates
Add 8' x 18' dumpster enclosure (existing dumpsters sit in open on parking lot)
Add 30' x 30' picnic shelter to replace existing shelter
Total Construction Items
Staff Time/City Oversight
Contingency (15%)
Total Non-Construction Items
Total Project Cost
'1-1/
Estimated Cost
$8,120
$9,990
$24,780
$5,000
$2,740
$25,000
$25,000
$100,630
$21,970
$17,400
$39,370
$140,000
RESOLUTION NO. 2006-
RESOLUTION ACCEPTING STATE RECREATION GRANT FUNDS
IN THE AMOUNT OF $840,000 FOR THE PER CAPITA GRANT
PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN
AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL
PROTECTION ACT OF 2002.
WHEREAS, in August 2005, Council approved by Resolution 2005-281 an application
for grant funds for the Per Capita Grant Program under the California Clean Water, Clean Air,
Safe Neighborhood Parks and Coastal Protection Act of 2002; and
WHEREAS, A Grant Contract has been executed, and the City awarded $840,000 (see
executed Grant Contract - Attachment I) in Per Capita Grant funds, which will be expended
through the Capital Improvement Program; and
WHEREAS, the expenditure of grant funds will be administered and managed through
the Capital Improvement Program; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby accept the
State Recreation Grant Funds in the amount of $840,000 for the Per Capita Grant Program under
the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of
2002.
Presented by
Approved as to form by
-&~~~~
Ann Moore
City Attorney
Jack Griffin
Director of General Services
/(-5"
RESOLUTION NO. 2006-
RESOLUTION ESTABLISHING A NEW CAPITAL
IMPROVEMENT PROJECT "EUCALYPTUS PARK - VARIOUS
IMPROVEMENTS" (PR 281) AND APPROPRIATING $]40,000
FROM THE STATE RECREATION GRANT FUND.
WHEREAS, In order to maximize the City's expenditure of State Recreation Grant funds
staff is recommending that funds in the amount of $140,000 be allocated to the establishment of
a new capital improvement project (PR 28]); and
WHEREAS, the work to be done includes but is not limited to providing various
improvements such as security gates, new walkways around playground, bleachers, dumpster
enclosures, new picnic shelters and fencing for Eucalyptus Park; and
WHEREAS, there is no impact on the General Fund as the funds for these improvements
have been provided for as part of the Per Capita Grant Program under the California Clean
Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of2002; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby appropriate
$140,000 to establish a new capital improvement project "Eucalyptus Park - Various
Improvements" (PR 281) from the State Recreation Grant.
Presented by
Approved as to form by
~~~~~.(~
Ann Moore
City Attorney
Jack Griffin
Director of General Services
4~&
COUNCIL AGENDA STATEMENT
Item 5
Meeting Date 2/7/06
ITEM TITLE: Resolution Adopting the 2006 Legislative Program
SUBMITTED BY: Legislative Committee
Erin Bradley, Intergovernmental Affairs Coordinator '{?l
REVIEWED BY:
Legislative Committee
(4/5ths Vote: Yes_ NoX)
The Legislative Program represents the City Council's position on items likely to be acted upon by
the State Legislature, Congress, or administrative agencies. By adopting a Legislative Program at
the beginning of eacb two-year legislative session and amending it at mid-term, Chula Vista is able
to take a proactive role in sponsoring, supporting, or opposing bills related to the City's various
legislative priorities.
RECOMMENDATION: That the City Council approve the resolution adopting the 2006
Legislative Program.
BOARD/COMMISSION RECOMMENDATION: This report from the Legislative Committee
reflects their comments as well as input from the City's department directors. A copy of the draft
Legislative Program was sent to City Departments on in December and January. It was sent to
Council as an Information Item 1130106.
DISCUSSION:
Background on the Legislative Program
The Legislative Program (as instituted by Council Policy 300-01 in 1987) is used to identify and
adopt position statements regarding a variety of issues that reflect the policy and direction of the
City Council. This action sets guidelines that permit staffto make timely responses consistent with
the Council's desires to sponsor, support or oppose bills during the legislative session. By taking
action on a comprehensive program at the start and midpoint of the state legislative and
Congressional sessions, the City is able to work with our locally elected representatives to introduce
needed legislation as well as position itself proactively on a wide range of issues.
Presented in this report is an updated 2006 Legislative Program to guide staff and our legislative
consultant throughout the coming legislative session.
s-/
Page 2, Item s;-
Meeting Date 217/06
Contents of the Legislative Program
In general, the Legislative Program lays out the City's positions in the following subject areas:
A. Economic Development
B. Energy
C. Environmental Protection
D. Fiscal Support/Home Rule
E. General Government
F. Housing & Community Development
G. Land Use Planning
H. Library
I. Parks & Recreation
J. Public Employer-Employee Relations
K. Public Liability
L. Public Safety
M. Public Works & Transportation
N. Redevelopment
The program is administered by the Legislative Committee and includes items that are generally
non-controversial such as:
. Supporting additional state or federal funding for local government and/or Chula
Vista programs
. Opposing unfunded mandates
. Protecting home rule authority
. Reforming various state and federal programs to improve local service delivery
Through the adoption ofthis program by the City Council, related bills can be acted upon directly by
the Legislative Committee, so that the City's position can be communicated quickly to the City's
lobbyist, appropriate legislators and other key decision-makers. Notification of positions taken and
copies of any letters sent are then forwarded to the City Council for information.
In addition, through the efforts of the League of California Cities, professional organizations to
which various city staff belong, or as a result of research by the City's lobbyist, legislative proposals
may be brought to the attention ofthe Legislative Committee that are not covered by the Legislative
Program. These items are brought to the City Council for review and direction. Items that may be
seen as controversial, irrespective of whether they are covered by the Legislative Program, are also
submitted to the Council.
Proposed Legislative Program Changes for 2006
The proposed amendments for 2006 are relatively minor. These include:
1. Supporting SB 153, the California Clean Water, Clean Air, Safe Neighborhood and
Coastal Protection Act of2006
2. Supporting incentives for communities to establish sustainable economic development
that minimizes the impact to natural resources and provides quality jobs that complement
local and regional economic prosperity.
:)'.
,
c.i.-
Page3,ltem~
Meeting Date 2/7/06
3. Supporting local incentives to participate in siting new generation facilities by preserving
local land use authority, supporting the broad application of local Utility User tax
ordinances, ensuring that local mitigation affects the area of local impact.
4. Supporting collaboration with host jurisdictions in an open, transparent and inclusive
process to invest ratepayer dollars in a reliable transmission grid that respects their
quality of life and sustainability goals not focused solely on lowest cost.
5. Supporting the removal of barriers in order to provide incentives allowing local
government to develop landfill based renewable energy resources for sustainable local
environmental and economic development opportunities.
6. Support the promotion oflocal governments participating in green credits and emission
trading to ensure an environmentally just application.
7. Support efforts to purse and obtain non-general fund revenues to acquire, preserve,
restore and maintain a sustainable regional watershed through conservation planning of
Chula Vista wetlands, riparian habitat and multi-species habitat, open space, greenbelts,
rivers, streams and trails.
8. State funding for new construction as well as renovation of parks and recreation
facilities, and expansion of recreation facilities and parks in underserved areas.
9. State and Federal funding for City programs such as those supporting: after school
programs, youth health and fitness, gang prevention and diversion, the arts, childcare,
and drug prevention and intervention in a community-based recreation setting.
FISCAL IMPACT:
Adoption of the Legislative Program for 2006 does not result in any direct cost to the City. There
are, however, fiscal impacts associated with the Legislative Program; specifically the City's contract
with a legislative advocate in Sacramento (Advocation, Inc.), which is capped at $79,000 per year.
Achieving the goals of this program can, and has, lead to significant financial benefits. In addition
to the grants and appropriations that the Program authorizes the staff to pursue, Legislative Program
successes prevent loss of critical resources and protect the City's ability to deliver services to our
residents and businesses.
6-'~
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE 2006 LEGISLATIVE
PROGRAM
WHEREAS, Council Policy 300-01, dated January 1987, provides for the adoption of a
City Legislative Program; and
WHEREAS, the Legislative Program represents the City Council's position on items likely
to be acted upon by the State Legislature, Congress, or administrative agencies; and
WHEREAS, by adopting a Legislative Program at the beginning of each two-year
legislative session and amending it at mid-term, Chula Vista is able to take a proactive role in
sponsoring, supporting, or opposing bills related to the City's various legislative priorities; and
WHEREAS, it is necessary to adopt an updated 2006 Legislative Program to guide staff
and the City's legL~lative consultant throughout the coming legislative session.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby adopt the 2006 Legislative Program as set forth in Exhibit "A".
BE IT FURTHER RESOLVED that staff and the Legislative Committee are hereby
authorized to implement this program.
Presented by
Approved as to form by
David D. Rowlands, Jr.
City Manager
r:~ dJ~ ((h}.We M
Ann ore
City Attorney
J :\AttomeyIEHullIRESOS\Legislative Committee_02-07 -06.doc
5- !./-
2006 CHULA VISTA LEGISLATIVE PROGRAM
A. Economic Development.
1. Support efforts to:
a. Enhance California's overall business climate with particular emphasis on streamlined
regulations and reduced costs of doing business (including the reactivation of Revenue
and Taxation Code section 5108 personal property tax rebates).
b. Strengthen existing business attraction and retention programs including: Enterprise
Zones, Recycling Market Development Zones and California Infrastructure Bank.
c. Continue and/or enhance funding of State and Federal Economic Development agencies,
including:
i. California Trade and Commerce Agency
ii. U.s. Department of Commerce, Economic Development Administration (ED A)
iii. U.s. Housing and Urban Development (HUD) Community Development Block
Grant and Economic Development Initiative
d. Create new business assistance programs with eligibility criteria for which Chula Vista
would qualify.
e. Create or enhance programs which support cross-border commerce and Chula Vista
import/ export companies.
f. Increase the flexibility of the use of HUD Community Development Block Grant funds as they
relate to general economic development projects and programs.
g. Continue the Community Reinvestment Act and accountability to small businesses
development programs.
h. Provide incentives for communities to establish sustainable economic development that
minimizes the impact to natural resources and provides quality jobs that complement local
and regional economic prosperity.
B. Energy.
1. Support measures that:
a. Assist the City and its energy consumers in meeting the priorities outlined in the City
Energy Strategy and Action Plan as they compliment the state "loading order:' energy
conservation, distributed generation, renewable and best available clean fossil fuel
generation, reliable and complimentary transmission and distribution.
b. Require the Public Utilities Commission to implement the intent and spirit of AB 117
(statutes of 2002) regarding "community aggregation" and "public purposes goods fees".
i. Reasonably limit the time in which CCA customers are exposed to Investor
Owned Utility energy procurement practices, including but not limited to the
Customer Responsibility Surchage (CRS).
n. Allow cities and counties to receive intervener compensation for
participation in issues before the CPUC that affect Community Choice
Aggregation customers.
1
s.;;
c. Confirm and implement local options to control and fund energy and conservation
programs.
d. Enhance the City's ability to support the State "loading order" by removing barriers and
providing incentives that allow the City to work with residents and businesses to enter
into distributed generation agreements without having to pay stranded transmission or
distribution charges.
e. Increase incentives and remove barriers for developing local photovoltaic, wind and other
"green" alternative energy resources.
f. Ensure transmission of energy is done through new or existing local generation sources
and/ or renewable sources.
Note: There is a growing movement to import energy from out of state that is generated using fossil fuels and
other non-renewable sources. This has long-term impacts on air quality as well as fiscal implications related to
transmission congestion charges imposed on Chula Vista and other local ratepayers.
i. Work with host jurisdiction in an open, transparent and inclusive process to
"invest," ratepayer dollars in a reliable transmission grid that respects their
quality of life and sustainability goals not focused just on lowest cost.
g. Retire and decommission the older more polluting single cycle power plants as soon as
possible.
h. Reduce and remove costly Reliability Must Run (RMR) status from older less efficient
power plants whenever possible, and ensure that RMR is removed or transferred in an
environmentally just manner that reflects local impacts.
i. Implement efficiency-enhancing technologies (such as combined cycle generation) that
improve consumer choice and/or enhance competition among energy providers,
particularly in service territories primarily dependent on Investor Owned Utilities.
j. Work with local host jurisdictions in an open, transparent and inclusive process to re-
power and/ or relocate older plants with new, more efficient, less polluting facilities.
k. Provide local incentives to participate in siting new generation facilities by preserving
local land use authority, supporting the broad application of local Utility User tax
ordinances, ensuring that local mitigation affects the area of local impact and implement
an open, transparent and inclusive local public process.
I. Remove barriers and provide incentives to allow local government to develop landfill
based renewable energy resources for sustainable local environmental and economic
development opportunities.
m. Promote local government participation in green credits and emission trading to ensure
an environmentally just application.
2. Oppose measures that:
a. Impinge on or restrict the City's ability to exercise land use review/control with respect to
the generation or transmission of power and restrict the local and state commibnent to an
open, transparent and inclusive process.
b. Erode the City's ability to acquire/ generate power from alternative sources or enter into
aggregation and/ or distributed generation arrangements.
2
5-(,
c. Impose municipal departing load charges and other municipal exit fees, as well as
attempts to regulate or limit municipal rights under the state constitution.
d. Would allow the Public Utilities Commission or Investor Owned Utilities to limit local
participation in the use! allocation of Public Purpose Goods Fees.
c. Environmental Protection.
1. Support efforts to:
a. Require an environmental impact report (EIR) for large projects! utility mergers.
b. Actively pursue and obtain non-general fund revenues to acquire, preserve, restore and
maintain a sustainable regional watershed through conservation, planning of Chula Vista
wetlands, riparian habitat and multi-species habitat, open space, greenbelts, rivers,
streams and trails.
c. Fund planning and land acquisition for Natural Community Conservation plans.
d. Obtain funds for comprehensive environmental management planning for San Diego
Bay.
e. Prohibit the granting of new leases for oil and gas development in state-owned coastal
waters off San Diego County.
f. Promote the installation and use of water! energy conserving fixtures in new & existing
buildings.
g. Obtain funding for water conservation to include the construction of reclaimed water
distribution systems, and fixture and irrigation system new construction, renovation and
retrofit.
h. Encourage post-<:onsumer recycled product use in manufacturing, residential and business
applications through incentives, educations, promotions, etc.
i. Ensure long-term agreements that provide recycling incentives and! or profitable markets
for a broader range of products than are currently recycled.
j. Require "disposal warning" labeling on household hazardous materials, which reduce the
use of toxic materials, and which promote nontoxic alternatives to present materials.
k. Require minimum content standards for use of recycled materials in manufacturing
processes.
I. Provide funding for environmental enterprise incentives, specifically Recycling Market
Development Zones (RMDZ).
Note: The RMDZ program has been extended through 2006. Chula Vista and the City of San Diego have a signed
MOD for an RMDZ partnership. Program is being implemented.
m. Continue to expand the number of advance disposal fees and accompanying block grant
programs that allocate funds for local government to provide efficient, effective and
convenient recycling, and safe disposal options for residents and small businesses.
Particularly, funding for convenient and cost effective source reduction and disposal
options for conditional exempt small quantity generators for hazardous, universal and
electronic wastes.
3
5-7
n. Enact a statewide landfill ban on designated recyclables.
Note: This would encourage development of new feedstock capacity and strengthen/ stabilize long.term markets.
o. Reauthorize the Federal Water Resources Act, including provisions to raise the
reimbursement limit and provide reimbursement for construction expenditures.
Note: With a revised reimbursement limit, Chula Vista could be eligible for up to an additional $5 million for
further improvements along the Telegraph Canyon Creek flood control channel.
p. Modify the Clean Water Act to give the City of San Diego an exemption from current
"mass emission reduction" requirements.
q. Impacts associated with the construction and maintenance of drainage facilities in urban
areas should be allowed to receive mitigation credit for the inclusion of "Best Management
Practices" to off-set impacts to sensitive species.
Note: At present, the City may be required to purchase mitigation land amounting to as much as fom times the
project size.
r. Grant local agencies authority to file appeals with the State Water Quality Control Board
(SWQCB) concerning actions by a Regional Water Quality Control Board (RWQCB).
s. Advance the use of low-emission and zero-emission vehicles through market incentives,
credits, rebates, public/private partnerships and other innovative solutions.
1. Create incentives for renewable power generation and distribution.
u. Create incentives for energy-efficient building programs.
w. Develop and apply a standardized state/national definition of "greenpower".
x. Require "truth in labeIingl1 with respect to green power generators and providers.
y. Improve the coordination of State, Federal and local agency responses to air quality
control, energy and environmental protection.
z. Continue to establish a cost effective and efficient process for local governments and large
generators to document green house gas emissions as a regulated pollutant and provide
local incentives for public-private partnerships.
aa. Provide State or Federal funding to construct facilities to capture and treat the flow of raw
sewage entering San Diego from Tijuana.
bb. Encourage development of environmentally sound techniques for treating hazardous
waste to reduce its volume and eliminate any toxicity without infringing on home rule
authority over the decision of whether (or when) to implement such techniques.
cc. Provide funding from State, Federal or outside sources to study the water quality/toxic
pollution in San Diego Bay.
dd. Encourage development of water resource facilities and make improvements to the delta
without imposing unfunded mandates on local governments.
ee. Provide financial assistance to construct new and upgrade existing secondary treatment
facilities in San Diego County.
Note: Funds from all sources should be pursued.
ff. Improve the efficiency of environmental regulations and enforcement actions of such
agencies as: Department of the Interior, Corps of Engineers, Department of Commerce,
4
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National Oceanic and Atmospheric Administration and Environmental Protection
Agency.
gg. Provide for streamlined environmental permitting processes for public works projects that
are included within an adopted multiple species conservation plan that is in. conformance
with the State's Natural Community Conservation Program.
2. Oppose efforts to:
a. Nullify or weaken the current climate change treaty (Kyoto Protocol) that requires the
United States to reduce its greenhouse gas emissions by 7% from 1990 levels by 2010.
D. Fiscal Support / Home Rule.
1. Support efforts that:
a. Permit retention and control by local governments of a greater portion of revenue
generated by Federal, State, and local taxes, fees and fines (e.g. vehicle code fines).
b. Require the Federal government and State to reimburse local governments for all
mandated costs or regulatory actions or that allow cities to cease performance of unfunded
mandates.
c. Retain maximum flexibility in the administration of Article XIIIB, XIllC and XIIIO of the
state constitution (XIIIB: the Gann Initiative-local expenditures are limited by population
growth and CPI factors; XIllC & 0: Proposition 218).
d. Expand local autonomy or the home rule authority to govern municipal affairs.
e. Enhance the quality of urban life by funding the creation, improvement, or expansion of
parks, libraries, community services and infrastructure, such as roads, flood control, etc.
f. Provide State/Federal funding for construction or renovation of public buildings such as
community centers, libraries, civic center, etc.
g. Expand the sales tax base to include mail order sales/home shopping sources, internet-
based commerce.
h. Provide that cities and school districts can issue general obligation debt with a majority
vote instead of the current 2/3-vote requirement.
i. Ensure that, upon dismantling of the South Bay power plant, the City/Agency receives
in-lieu revenues to replace any monies lost as a result of plant relocation.
j. Provide for fiscal reform in the form of greater reliability, certainty, and equitability of
state funding for local governments.
k. Reallocate sales and property taxes to the benefit of local governments.
I. Permit government agencies to pass through, to the consumer, the bank fees associated
with credit card transactions.
Note: The City would be better able to offer the convenience of credit card usage to area/residents, businesses if
local government were not prohibited from passing these bank costs to the consumer.
m. Protect cities' ability to fund capital improvement projects through tax-exempt bonds.
5
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n. Increase the Industrial Development Bond cap.
o. Promote cooperative purchasing opportunities for local government, (Le. master
agreements, California Multiple Award Schedules, State price lists) along with
opportunities to process and disseminate bids via electronic means.
2. Oppose efforts to:
a. Restrict the use of, or reallocate, city revenues such as Vehicle License Fee funds,
Transient Occupancy Tax revenues, and Business License Tax revenues.
b. Exempt residential users from the Utility users tax.
c. Reallocate fines and forfeitures to the detriment of cities.
d. Repeal Gas Tax exemption for local agencies.
e. Reallocate sales and property tax revenue to the detriment of cities.
f. Limit cities' authority to enact or impose mobilehome or residential rent control.
g. Limit cities' authority to: enact and assess fees to recover the full cost of providing user-
specific services; recover the full costs of assessment district maintenance; license or lease
use of any property within the jurisdiction of the City by telecommunication companies,
utilities or cable providers.
h. Infringe on home rule authority to act on local budget and fiscal matters or other
municipal affairs, or to impose unfunded mandates onto local government.
L Overhaul the California Public Records Act in a way that would: restrict cities' control of
the means of access to information assets (e.g. computer databases, proprietary software),
limit cost recovery for providing such access, or violate the privacy of the parties from
whom the data was collected.
j. Limit imposition of franchise fees, taxes, or other compensation for use of public right-of-
way; local rate regulation; operational oversight; or right-of-way controls on cable or
satellite television operators and other telecommunications providers and utilities.
k. Preclude cities from collecting Utility users tax (UUT) revenue on cellular or digital
telephone use when negotiating UUT agreements.
E. General Government.
1. Support efforts to:
a. Subject the State Legislature to the same requirements for public meetings, advance
agenda, etc. as are currently imposed on cities through the Brown Act.
b. Limit to 1 % the amount of administrative costs the Board of Equalization may charge to
administer local sales taxes such as San Diego's half-<:ent sales taxes for transportation and
justice facility construction.
c. Facilitate increases in Open Space District assessments by an amount not to exceed the
Consumer Price Index (CPJ) or higher if increased costs are beyond the control of local
governments (e.g. imposed by water districts).
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d. Provide funding for the selection of Chula Vista as the site of a new collaborative campus
including participants such as the University of California, California State University,
Southwestern College and perhaps an international university.
e. Provide funding for Chula Vista's SMART Community program, alternative fuels
programs, and other technology-based projects.
f. Fund school facility construction programs without increasing the fiscal burden of local
government.
g. Clarify the authority of school districts to impose facilities fees established by Ch. 887,
Statutes of 1986 (AB2926).
h. Maintain Chula Vista's central position in the 40'" Senate District and 79'" Assembly
District.
i. Coordinate Federal Coast Zone Management Act, Environmental Protection Agency
(EP A) regulations and State Coastal Zone Act, in an effort to eliminate duplicate efforts.
2. Oppose efforts to:
a. Mandate district elections in all cities and/ or school districts.
b. Impose border crossing fees on the U.5./Mexico international border.
c. Impose greater restrictions on local government through amendment of the Brown Act.
d. Divide cities among multiple Congressional, State or Supervisorial districts.
F. Housing & Community Development.
1. Support efforts to:
a. Exclude redevelopment agencies from competitive bidding statutes and fair market value
restrictions for resale of public properties to permit joint development of public facilities
by private developers upon findings of public benefit.
b. Extend the following three Federal Low-Income Housing Programs:
i. Mortgage Credit Certificate Program for low/moderate income home buyers;
ii. Tax Credits for low income housing programs; and,
iii. Continue funding for HUD HOME and HOPE Programs.
c. Change Federal banking regulations to exempt banks from having to count financing or
Letters of Credit for low income housing in their risk capital limit calculations.
d. Provide additional or enhanced State/Federal or other assistance to first-time homebuyers,
including efforts to increase funding for the City's Mortgage Credit Certificate program.
e. Support principles for housing element reform legislation as recommended by the
SANDAG Housing Element Advisory Committee and approved by the SANDAG Board.
f. Prevent the loss of affordable housing units through federal funding for acquisition of at-
risk units by non-profit agencies; and special section 8 subsidies for affected low-income
tenants.
g. Encourage the use of alternative dispute resolution measures as opposed to costly and
time consuming litigation in condominium and townhouse construction defect challenges.
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Note: The proliferation of lawsuits over alleged construction defects has led to a substantial withdrawal from
condominium/ townhouse construction by the development industry throughout California. These attached
homes are a critical element in the first-time home buyer market.
h. Develop Federal and State participation and financial support for programs to provide
adequate housing for the elderly, handicapped and low-income persons throughout the
community.
i. Maintain and create tax incentives for private revitalization of existing commercial,
industrial and housing resources where such assistance benefits the City.
j. Allow local jurisdictions to adopt the International Residential Code as an alternative to
state-mandated codes as a means of reducing the cost of new housing.
Note: warring factions in the building industry are manipulating current state codes in a power struggle. This
addition to the Legislative Program is suggested as a means of neutralizing that power struggle while still meeting
the safety needs of the public.
2. Oppose efforts to:
a. Grant the State or Federal government approval or veto authority in the implementation
of local redevelopment and rehabilitation projects.
b. Prohibit any state agency from making subventions, financing, insurance or any other
kind of assistance, available to any city or county fhat has in effect any rent control
measure.
G. Land Use Planning.
1. Support efforts fha t
a. Strengfhen local governments' powers and capacity to prepare, adopt and implement
plans and programs for orderly growfh, development, beautification, and conservation of
fheir planning areas.
b. Are consistent with fhe doctrine of "home rule" and fhe local exercise of police powers,
fhrough the planning and zoning processes, over local land use.
c. Expand the land use, conservation, and growth management policies of municipalities to
the unincorporated territories within their spheres of influence.
d. Broaden local government's power to require developers and subdividers to provide fhe
on-site and off-site facilities and infrastructure needed by fheir projects.
e. Maximize fhe authority of the City to exercise local control over general plan decisions.
f. Require special districts and school districts, including community colleges, to adopt
facility master plans which are consistent wifh City and County general plans and growfh
management programs, and to adopt five year capital improvement programs and
financing plans which are consistent wifh fheir facility master plans.
g. Limit Coastal Commission aufhority over land use decisions outside the Coastal Zone,
including fhose fhat are tied to Federal permits such as Habitat Conservation Plans and
Incidental Take Permits pursuant to fhe Federal Endangered Species Act.
h. Provide local government incentives and funding priority for facilitating smart growfh
principles in their planning programs.
2. Oppose efforts to:
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a. Abridge local governments' ability to effectively plan, or regulate local land use
induding: amendments to the laws governing the local agency formation commission
(LAFCO); legislation which would financially overburden local governments in their
efforts to amend planning policy, regulate land use through removal of incompatible
developments, redevelop blighted areas, or annex territories which are within a city's
spheres of influence.
b. Site airports that would adversely impact the Chula Vista area.
c. Politicize the adoption of State Mandated Building and Life Safety Codes.
d. Introduce major changes to Building, Energy or Accessibility code requirements without
providing sufficient time and resources for local government and industry training.
H. Library.
1. Support efforts to:
a. Provide continued, augmented or full funding for the: California Public Library Fund
(PLF), Library of California and California Library Services Act (CLSA), induding
Transaction Based Reimbursements, literacy programs and library services for all age
groups.
b. Provide for continued and! or augmented funding of the Federal Library Services and
Technology Act.
c. Fund library construction and! or renovation.
d. Provide programs at both the State and Federal level that guarantee for libraries the
largest possible discount in rates for telecommunication services, internal connections and
access to the Internet.
e. Preserve existing provisions that exempt libraries from having to act as censors of
literature or information.
1. Parks & Recreation.
1. Support efforts to:
a. Provide State!Federal funding for such City programs as those supporting: the arts, child
care, after school programs, gang prevention and diversion, and drug prevention and
intervention in a community-based recreation setting.
b. Provide funds for construction of new parks as well as renovation of deteriorating park
and recreation facilities.
c. Support SB 153, the California Clean Water, Clean Air, Safe Neighborhood and Coastal
Protection Act of 2006.
d. Provide state funding for new construction as well as renovation of parks and recreation
facilities, and expansion of recreation facilities and parks in underserved areas.
e. Provide State and Federal funding for City programs such as those supporting: after
school programs, youth health and fitness, gang prevention and diversion, the arts,
childcare, and drug prevention and intervention in a community-based recreation setting.
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J. Public Employer-Employee Relations.
1. Support efforts to:
a. Protect the rights of cities to establish conditions of employment, including hours, wages,
employee benefits, the meet-and-confer process, appeal procedures, and management
rights.
b. Reform California Workers' Compensation Program to reduce public costs and tighten
restrictions.
c. Amend the Fair Labor Standards Act to ensure that executive, administrative and
professional employees still qualify as exempt.
2. Oppose efforts to:
a. Impose restrictions on the scope and authority of charter cities to control their own health
plans or retirement systems.
b. Mandate the inclusion of local government employees in the Social Security System
and/ or Medicare.
c. Increase workers' compensation benefits without also making needed reforms.
d. Mandate changes, impose limitations, and/or other benefit plans, wages, hours, or
working conditions that are properly determined through the meet- and-confer process.
e. Mandate binding arbitration in public employee disputes.
f. Reduce local control over public employee disputes and impose regulations of an outside
agency (such as PERB).
g. Prohibit employers from testing employees or employment applicants for illegal
substances.
K. Public Liability.
1. Support efforts to:
a. Change the legal principal of "joint and several liability" to protect the City against "deep
pocket" liability.
b. Reinforce public entity design and discretionary act immunity.
c. Prohibit recovery by a plaintiff for injury where those injuries were caused as a result of
avoiding a police pursuit
d. Minimize governmental financial exposure to frivolous lawsuits and improve liability
protection for governmental agencies and their personnel.
e. Expand the existing list of "hazardous activities" so that public entities and public
employers are not liable for injuries to any individual(s) who participate in these activities
(e.g. skateboarding, rollerblading).
2. Oppose efforts to:
a. Further erode government immunity.
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b. Force the City to accept risks it would not normally accept in the ordinary course of
business (e.g. mandating acceptance of below-grade or low-grade sureties on performance
bonds or labor and materials bonds).
f. Repeal Proposition 213 (1996) that prevents uninsured motorists from collecting damages,
other than property damages, through litigation.
Note: Trial Lawyers Assoc. hopes to repeal this measure protecting cities, among others, from undue liability.
L. Public Safety.
1. Support efforts to:
a. Strengthen present State and Federal laws that give local governments the power to
further restrict or regulate prostitution.
b. Increase penalties for the manufacture or sale for profit of dangerous drugs.
c. Prohibit the sale and brandishing of replica or facsimile firearms.
d. Toughen drunk driving laws, penalties or enhancements.
e. Strengthen the City's ability to regulate public displays of material that is harmful to
minors.
f. Legalize alternative methods of police enforcement activities.
g. Provide greater authority for police or other local agencies to control graffiti, curfews,
juvenile crime and alcoholic beverage control.
h. Provide funding for local public safety staffing, programs or equipment, as well as
programs that foster interdepartmental or inter-agency cooperation.
i. Develop a uniform "junk gun" ban that does not restrict the type of weaponry used by
off-duty law enforcement officers.
j. Protect local governments' ability to establish/ determine the level of Emergency Medical
Service (EMS) provided within their own boundaries.
k. Provide reimbursement to local government for "first responder" costs associated with pre-
hospital treatments such as those provided by local fire department persof!J1el.
1. Increase municipal funding for the removal of abandoned vehicles.
2. Oppose efforts to:
a. Preempt local public safety ordinances.
b. Reduce State/Federal funding for public safety programs.
c. Reduce or impair the authority of local agencies to control graffiti, curfews, juvenile crime
and other public safety issues.
d. Change/remove date, and/or shift to the employer, the burden of proof related to all
illness presumptions.
M. Public Works & Transportation.
1. Support efforts to:
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a. Provide funding to complete missing freeway links (e.g. SR-125 and 1-905) and other
critical transit corridors or transportation projects.
Note: Construction of the Sweetwater segment of SR-l25 has begun. It is in the Citis best interest to ensure that
completion of the project remain a high priority for the State.
b. Reduce municipal costs associated with CalTrans projects.
c. Allow local agencies flexibility in compliance with the Americans with Disabilities Act to
provide the greatest benefit to the local disabled population, rather than committing
scarce resources to achievement of 2 % maximum sidewalk and driveway slopes.
d. Revise speed limit laws to allow for radar enforcement of residential street speed limits
(e.g. at levels below the 85th percentile as determined by a traffic study).
e. Require CalTrans to allow cities an exemption from CalTrans' public work project
requirements if that required work is a result of improper maintenance on CalTrans' part
or, require CalTrans to pay for such additional work if it is included as part of a local
agency's public works project.
f. Amend PUC regulations to prohibit utilities from locating cables directly into concrete
sidewalks and require said cables to be placed 24"-36" below sidewalk surfaces.
Note: Engineering and Public Works staff report an on-going problem in finding telephone cables embedded in the
concrete sidewalks. Sidewalk reconstruction becomes virtually impossible without damaging the cable lines.
g. Exempt all city vehicles and transit drivers from the Biennial Inspection of Terminals
program requirements for ndrivers hours of service II during emergencies, similar to the
exemption granted to gas and electric companies.
Note: This program was intended to regulate the times that commercial truck drivers spend on the road, but has
no exemptions for city vehicles other than those operated by the Fire Deparhnent. It unnecessarily restricts city
public works vehicles and hampers local governments' ability to respond to emergency situations such as flooding
or earthquake damages.
h. Increase the priority given to public works facility funding from State and Federal sources
to projects (including but not limited to roads, bridges and light-rail transit facilities) that
are linked to implementation of "smart growth" policies (e.g. jobs/housing balance, transit
oriented development, etc.)
i. Allow cities to collect fees for use of the public right of way from currently exempt users
such as telecommunications companies.
j. Provide funds to assist cities in meeting the National Pollutant Discharge Elimination
System (NPDES) requirements.
k. Provide fair share allocation of clean water grants and bond funding to communities in
southern California.
Note: A disproportionate share of these funds currently go to northern California.
I. Support efforts to require public and private utilities to design. locate and screen utility
cabinets, boxes, pedestals and backflow preventors adiacent to the public right-of-way in
aesthetically acceptable manner to local jurisdictions.
m. Place a greater emphasis on providing infrastructure funding to cities that do 'smart
growth' planning.
2. Oppose Efforts to:
a. Further restrict development impact fees for roads, bridges, and public facilities levied
against developers of property.
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b. Further restrict fees and assessments levied against individuals or entities receiving a
special benefit.
N. Redevelopment.
1. Support efforts to:
a. Amend the State Community Development law to allow a jurisdiction to combine tax
increment from all projects for use in a specific project.
b. Extend the life of redevelopment project areas, as well as the time during which debt may
be incurred or issued in those project areas.
c. Facilitate the formation of Business Improvement Districts and extend the life of those
districts.
d. Increase funding! incentives to redevelop brownfield projects
e. Provide funding for the Chula Vista Nature Center.
f. Facilitate the recommissiomng, redesign or relocation of the San Diego Unified Port District
South Bay Power Plant and assist with the redevelopment of this bayfront property.
g. Allow certain land uses under the State Tidelands Act that are conducive to providing jobs
in the "high tech industry".
2. Oppose efforts to:
a. Discontinue State supplemental subvention for redevelopment agencies.
b. Further control or restrict the use of tax increments in redevelopment projects.
c. Reduce the number of San Diego Unified Port District Commissioners and! or require
commissioners to be elected members of the city council that they represent.
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Council Agenda Statement
mY OF
CHULA VISTA
Item:
Meeting Date: 02/07/2006
~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING A REQUEST BE MADE TO THE SAN
DIEGO UNIFIED PORT DISTRICT THAT AMENDMENT NO.1 TO
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF
CHULA VISTA BE AMENDED TO .REALLOC,E $1,715,435
AMONG TIDELANDS PROJECTS 'vt;
Laurie Madigan, Assistant City Man
City Manager i ~ pf,
(4/5ths Vote: Yes _ No.K.J
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
The San Diego Unified Port District (Port District) and the City of Chula Vista (City) entered
into a Memorandum of Understanding (MOU) in 1996 that provided approximately $14.4
million in Port District capital improvement funds for tidelands projects within Chula Vista.
In 2004, the Port Board and the City Council approved Amendment NO.1 to the MOU.
The amendment prioritized fund allocations for tidelands projects deemed critical to the
implementation of the Chula Vista Bayfront Master Plan (CVBMP), the joint planning effort
between the City and the Port District for redevelopment of the Chula Vista bayfront.
The MOU, as amended, designates $1,715,435 for a future loan to the Redevelopment
Agency of the City of Chula Vista (Agency). The loan will no longer be needed and staff
recommends that those MOU funds be reallocated to other tidelands projects within the
City as identified.
RECOMMENDATION:
That the City Council adopt the resolution approving the reallocation of $1,715,435
million as identified for tidelands projects per Amendment NO.1 of the Memorandum of
Understanding between the San Diego Unified Port District and the City of Chula Vista.
BOARDS/COMMISSIONS RECOMMENDATION:
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f.Y
Page 2, Item: Lj?
Meeting Date: 02/07/2006
DISCUSSIONS:
In 1996, the San Diego Unified Port District (Port District) entered into a Memorandum
of Understanding (MOU) with its five member cities. The original MOU with the City of
Chula Vista provided funds totaling approximately $14.4 million for tidelands projects
within Chula Vista. Since adoption of the MOU, several projects have been completed
and a portion of the funds have been expended.
The Port District and the City Council approved Amendment No. 1 to the MOU in 2004,
which reallocated approximately $13 million in remaining funds through Fiscal Year
2007 for tidelands projects within the City. This reallocation acknowledged and
prioritized improvement projects critical to the redevelopment of the Chula Vista
bayfront as identified during the Port/City joint Chula Vista Bayfront Master Plan
(CVBMP) process, which had commenced in 2003.
Amendment No. 1 of the MOU contemplates changes to tideland project priorities and
the potential need for fund reallocations resulting in revisions to the Project List (see
Attachment 1). Per Amendment No.1, "District and City agree to meet and confer
annually, generally in the month of January, as part of the District's Capital
Development Program process to consider possible amendments to the MOU or
Attachment "1". .." Amendment No. 1 of the MOU requires that ""material"
modifications to the Projects lists in (MOU) Attachment "1 ". . . shall require prior mutual
consent of City and District."
Approximately $1.7 million in MOU tidelands project funding is no longer required for
purposes of a Loan to the Redevelopment Agency as indicated in the Project List.
Funding was allocated for purposes of a future Agency Loan consistent with the
Relocation Agreement entered into in 1999 by the City, the Agency, the Port District,
and Goodrich Aerostructures Group (Goodrich). The Relocation Agreement states that
the Agency is to provide financial assistance to Goodrich in connection with the
relocation of Goodrich's facilities from its prior campus to its current consolidated
campus within the Bayfront Redevelopment Project Area. In November 2005, the
Agency authorized the appropriation of funds for the relocation installment payments
due Goodrich through January 2006. The remaining Agency installment payments will
be made annually through 2015. A loan of Port District MOU source funds to the
Agency is no longer contemplated, thereby affording the opportunity to re-designate the
$1.7 million to other Chula Vista tideland projects.
Several projects are ideally positioned for redistribution of these available MOU funds.
The City and Port District continue to pursue completion of the CVBMP consistent with
the Joint Planning Agreement entered into between the City and Port District in 2003.
Per the JPA, the City agreed to fund 37.5% of the costs associated with preparation of
the CVBMP. The remaining costs are shared by the Port District (37.5%) and Pacifica
Companies (25%). An environmental impact report is currently being prepared for the
CVBMP per the California Environmental Quality Act (CEQA). Staff anticipates that an
/;;; / ;;-
Page 3, Item: G
Meeting Date: 02/07/2006
extensive amount of additional infrastructure planning and financial analysis will be
necessary prior to the adoption of the Master Plan. A number of significant, but
positive, factors contribute to the increased analysis and associated costs required for
completion of the Plan. These include, but are not limited to, the potential land trade
between Pacifica Companies and the Port District, and Gaylord Entertainment's interest
in developing a resort conference facility on the bayfront. It is estimated that the City's
additional MOU contribution necessary to complete the Plan and associated
environmental and financial studies could reach up to $400,000.
Amendment No. 1 designates approximately $6.3 million for South Campus building
demolition, but it also states that a portion of the MOU Fund Allocation required to
complete the South Campus Building Demolition (estimated at $7 million) ". . .have not
yet been fully identified" and that "the parties hereby agree to accomplish the Demolition
Project as a priority,. . ." Demolition of the South Campus is key to the revitalization of
the bayfront. Removal of the vacant buildings south of H Street is a critical path
component for the remediation of hazardous materials, and for the extension of H Street
westerly from Bay Boulevard. The South Campus Building Demolition project would be
well-served by the reallocation of the remaining approximate $1.4 million in funds
currently designated for the Loan to the Agency.
Approval of staff's recommendation would be a formal request by the City of Chula Vista
to the Port District to amend the Chula Vista Tidelands MOU Project List (Attachment
"1" of Amendment NO.1 of the MOU) by removing $1,715,435 in funding for the Loan to
the Redevelopment Agency and reallocating an additional $400,000 to the Bayfront
Master Plan (City Share) and reallocating an additional $1,315,435 to South Campus
Building Demolition.
FISCAL IMPACT:
None with this action.
ATTACHMENTS:
Amendment No. 1 of Memorandum of Understanding Between the San Diego Unified
Port District and the City of Chula Vista
0-3
ATTACHMENT 1
San Diego Unified Port District
Document No. . 47597
Filed AU~
Office of the District Clerk
AMENDMENT NO.1 OF MEMORANDUM OF UNDERSTANDING BETWEEN
THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF CHULA VISTA
THIS AMENDMENT NO.1, made and entered into this ~ day of Jit.~ '
2004, by and between the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation
("District"). and the CITY OF CHULA VISTA, a municipal corporation ("City");
WITNESSETH:
WHEREAS, District and City entered into a Memorandum of Understanding Between
the San Diego Unified Port District and the City of Chula Vista, dated August 20, 1996
("Moun). which MOU includes, as Exhibit "A," a document titled "TIDELANDS
CAPITAL IMPROVEMENT PROGRAM - FISCAL YEARS 1995 THROUGH 2004,
(Fiscal Year 1995 Begins July 1, 1994), MEMBER CITY: CHULA VISTA," ("1996
Project List" and each project is herein referred to individually, as "Project"), and is on
file in the Office of the Clerk of the District bearing Document No. 33004; and
WHEREAS, the MOU provided for initial funding in the amount of $14,440,000 ("MOU
Fund Allocation") for projects identified on the 1996 Project List, with the parties'
understanding that a cost escalation factor, based on the Building Cost Index ("BCI").
would be applied annually to those funds reserved in the MOU Fund Allocation and
unencumbered by contract, and thereby increasing the MOU Fund Allocation to
$18.784.789 as of February 29, 2004, from which Projects from the 1996 Projects
List, as it may have been amended from time to time, were funded; and
WHEREAS, the MOU Fund Allocation has been reduced since 1996 as a result of
expenditures that have been made for Projects, including some Projects that have been
completed (see on Attachment "A," Completed City MOU Projects); and
WHEREAS, it is the District's intent to fund and complete the "H" Street Extension and
Marina Parkway realignment projects and such other projects pursuant to the Goodrich
Relocation Agreement, through its future Capital Development Program ("COP"), as
funds become available by the District's commitment of additional funds for funding
said projects; and
#83636v1.
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DUPLICATE - ORIGINAL
"'J/VvL ..,-.1
WHEREAS, it is the City's intent to request 1.4 million for the channel access
realignment project for the COP Fiscal Years 2008-2013; and
WHEREAS, District and City have entered into a Joint Planning Agreement, dated
December 18, 2002, and on file in the Office of the Clerk of the District bearing
Document No. 44952, and as was amended on March 9, 2004, which Amendment is
on file in the Office of the Clerk of the District bearing Document No. 47047, ("JPA"),
under which the parties are now partnering to master plan the Chula Vista Bayfront
which is comprised of properties both held in trust by the District for the State of
California and within the planning jurisdiction of the City, to develop the "Chula Vista
Bayfront Master Plan" or "CVBMP;" and
WHEREAS, District and City are mutually desirous of amending the MOU in
consideration of furthering the objectives of the JPA, and to update the 1996 Project
List; and
WHEREAS, District and City desire to amend the MOU to reflect the current value of
the MOU Fund Allocation herein after taking into consideration annual escalation based
upon the BCI, minus those expenditures that have been made for Projects or otherwise
encumbered by contract; and
NOW THEREFORE, for valuable consideration, the MOU is hereby amended in the
following respects and no others, and except as expressly amended, all terms,
covenants and conditions of the MOU shall remain in full force and effect:
1. The MOU is hereby amended. by superceding MOU Exhibit A, "TIDELANDS
CAPITAL IMPROVEMENT PROGRAM - FISCAL YEARS 1995 THROUGH 2004
MEMBER CITY: CHULA VISTA" and substituting in lieu thereof the attached
Attachment "1" entitled "TIDELANDS MEMORANDUM OF UNDERSTANDING
PROJECTS FOR CHULA VISTA, FISCAL YEARS 2004 THROUGH 2007, which
updates the 1996 Project List as it relates to the projects in the Member City of
Chula Vista, and the MOU Fund Allocation per project. The parties reaffirm that
pursuant to Provision No.5 of the MOU, District reserves the right to borrow
from the MOU Fund Allocation in the event the Board of Port Commissioners
determines, as a result of an emergency or fiscal crisis, the monies are
necessary to fund the repair, operation, maintenance or development of District
infrastructures critical or paramount to the operation of the District. Repayment
terms on borrowed funds shall be determined on a case-by-case basis by mutual
agreement.
2. The parties acknowledge and agree that a portion of the MOU Fund Allocation,
required to complete one or more of the Projects identified on Attachment .1"
#83636v1.
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(specifically South Campus Building Demo/ition estimated at $7,000,000
["Demolition Project"]) have not yet been fully identified. It is the intent of the
parties to support the objectives of the JPA, and to cooperate to meet the
obligations under the Relocation Agreement, and in furtherance of those
objectives and obligations, the parties hereby agree to accomplish the
Demolition Project as a priority, either through the District, public/private
partnership, a private developer, or grants or other opportunities, which District
will actively endeavor to identify in order to accomplish the Demolition Project.
3. The parties acknowledge and agree that the MOU Fund Allocation per project,
shall increase annually in accordance with the Building Cost Index, to the extent
that such funds have not been encumbered by a contract in connection with
completion of one of the projects identified on Attachment "1," as such may be
amended by the parties from time to time.
4. The parties agree to cooperate and exercise best efforts to complete the
Tidelands Memorandum of Understanding Projects for Chula Vista (Projects) at
or under the Estimated Cost to Complete and on or before the scheduled
completion date as indicated in Attachment "1."
5. With respect to any Project, either party may request that the parties negotiate
and enter into a project Development Agreement ("DA"). Each DA shall set
forth, in detail, the project description, development timeline, District's and
City's respective project administration responsibilities, project financing plan,
project costs eligible for MOU Fund Allocation funding, and such other
agreements and provisions upon which the parties shall mutually agree. Monies
allocated to the MOU Fund Allocation shall be utilized to fund Projects subject to
the terms and conditions of an approved DA.
6. District and City, respectively, shall be responsible for their own staff time and
overhead costs incurred in connection with the implementation of this MOU and
the development of any Project funded hereby, such costs shall not be
reimbursable out of City MOU Fund Allocation monies.
7. District and City agree to meet and confer annually, generally in the month of
January, as part of District's Capital Development Program process to consider
possible amendments to the MOU or Attachment "1" including, without
limitation: (i) revisions to the Project list; W) reallocation of existing funds
(including individual project cost .savings" [if any]); Wi) adjustments to a
Project's prioritization or development timelines; and/or (iv) additional funding
contributions that may be necessary to implement the Project list.
#83636vl.
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8. Except as provided elsewhere in the MOU, MmaterialR modifications to the
Projects listed on Attachment M1. and/or any DA pertaining to a Project, shall
require prior mutual consent of City and District. A material modification shall
refer to a schedule shift of greater than 18 months, or an MOU Fund Allocation
increase or decrease, or other shift, of greater than 20% of the original
Estimated Cost to Complete.
9. This Amendment No. 1 constitutes the parties' entire agreement and
understanding with respect to all matters referred to in this Amendment No.1.
There are no representations, agreements, understandings or covenants
between the parties relating to the subject matter of this Amendment No.1,
except as specifically set forth in this Amendment No.1. This Amendment
No.1 integrates all of the terms and conditions mentioned herein or incidental
hereto, and supersedes any and all prior versions or drafts of Amendment No. 1
and all discussions and negotiations preceding it. No amendment or
modification of this Amendment No. 1 shall be effective unless expressly set
forth in writing and executed by the parties.
Following execution by both parties, this Amendment No. 1 shall become effective
thirty days after approved by District Board of Port Commissioners and City Council.
Port Attorney
SAN DIEGO UNIFIED PORT DISTRICT
By ~~J1"
Ellen Corey Born
Assistant Port Attorney
By ~Af? ~
E. Daniel Strum
Director, Real Estate
~
City Attorney
THE CITY OF
By r~ ~~
PRINT NAME: >7"cPH;:;n r ?m>tL<4
PRINT TITLE: AJ,tf1./ /?/?
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COMPLETED CITY MOU PROJECTS
Freeway Signs - 1-5 at U JU Street/Marina Parkway
Nature Center Seawater System
Police Station - Modular Building
Property Acquisition - U JU Street/Bay Boulevard
Upgrade Navigation Aids - CV Channel
UH" Street Extension (study only)
TOTAL:
Attachment U AU
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$70,467
$100,000
$178,184
$1,540,964
$105,541
$144,340
$2,139,496
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING A REQUEST BE MADE TO
THE SAN DIEGO UNIFIED PORT DISTRICT THAT
AMENDMENT NO. 1 TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED
PORT DISTRICT AND THE CITY OF CHULA VISTA BE
AMENDED TO REALLOCATE $1,715,435 AMONG
TIDELANDS PROJECTS
WHEREAS, the San Diego Unified Port District ("Port District") and the City of
Chula Vista entered into a Memorandum of Understanding ("MOU") in 1996 that
provided approximately $14.4 million in Port District capital improvement funds for
tidelands projects within Chula Vista; and,
WHEREAS, since the adoption of the MOU, several projects have been
completed and a portion of the funds have been expended; and,
WHEREAS, in 2004, the Port Board and the City of Chula Vista approved
Amendment No. 1 to the MOU ("the Amendment"), which reallocated approximately
$13 million in remaining funds through Fiscal Year 2007 for tidelands projects in the
City ofChula Vista; and,
WHEREAS, the Amendment contemplates changes to tideland project priorities
and the potential need for fund reallocations resulting in revisions to the Tidelands MOU
Projects for Chula Vista, Fiscal Years 2005 through 2007 (Project List); and,
WHEREAS, the Amendment allocates approximately $1.7 million in MOU
tidelands project funding for purposes of a loan to the Redevelopment Agency, consistent
with the Relocation Agreement entered into in 1999 by the City of Chula Vista, the
Agency, the Port District and Goodrich Aerostructures Group, requiring that the Agency
provide financial assistance to Goodrich in connection with the relocation of Goodrich's
facilities from its prior campus to its current consolidated campus within the Bayfront
Redevelopment Project Area; and,
WHEREAS, in November 2005, the Agency authorized the appropnatlOn of
funds for the relocation installment payments due Goodrich through January 2006. The
remaining Agency installment payments will be made annually through 2015. As a result,
a loan of Port District MOU source funds to the Agency is no longer contemplated,
thereby affording the opportunity to re-designate $1,715,435 to other Chula Vista
tideland projects; and,
WHEREAS, several projects, including the completion of the CVBMP, as well as
the preparation of the environmental impact report for the CVBMP, and the demolition of
the South Campus building, are ideally positioned for redistribution of these available
MOU funds; and,
(;- /0
WHEREAS, while the Amendment designates approximately $6.3 million to
demolish the South Campus buildings, the actual total cost of demolishing the buildings
has not yet been fully identified. Demolition of the South Campus is key to the
revitalization of the Bayfront. Removal of the vacant buildings south of H Street is a
critical path component for the remediation of hazardous materials, and for the extension
of H Street westerly from Bay Boulevard. The South Campus Building Demolition
project would be well-served by the reallocation of $1,314,435 in funds currently
designated for the Loan to the Agency; and,
WHEREAS, the City has agreed to contribute 37.5 percent to fund costs
associated with the Chula Vista Bayfront Master Plan and City staff estimates that an
additional $400,000 contribution from the City will be necessary to complete the Plan.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista authorizes a request to the San Diego Unified Port District to amend the Chula
Vista Tidelands MOU Amendment to reallocate $1,715,435 in funding trom the "Loan to
the Redevelopment Agency" project to the following Tidelands projects:
$400,000 to the Bayfront Master Plan, and $1,315,435 to South Campus Building
Demolition.
Presented by
Approved as to form by
David D. Rowlands, Jr.
City Manager
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J:\AtlomcyIJILLM\RESUS\Reallocatlol1 offunos rorTid~lands Proje<;{s Fch 2006.doc
6-//
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
em OF
CHUlA VISTA
Thursday, January 26, 2006
TO:
Lorraine Bennett, City Clerk
bl(~
FROM:
Zaneta Salde Encarnacion, Constituent Services Manager
RE:
Resource Conservation Commission
Mayor Padilla would like to recommend Ms. Lynda Gilgun for appointment to fill the vacancy left by Ms.
Patricia Chavez on the Resource Conservation Commission.
Please call if you have any questions.
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Di: Cl.otL
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Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
CIlY OF
CHULA VISTA
Thursday, January 26, 2006
FROM:
Lorraine Bennett, City Clerk
Zaneta sal~e Encarnacion, Constituent Services Manager /lk0
Youth AdvIsory Commission 0)
TO:
RE:
Mayor Padilla wouJd like to recommend Mr Elo L d .
Youth Advisory Commission . y e esma for appomtment to fiJI one vacancy on the
Please call if you have any questions.
/_~,o~ />>,1'; ,.e:h/l1C?' ~ e>n ~ ~j,i!:mcl ~M,...d~1-1
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Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
JAN 2 6 2006
CllY OF
CHUlA VISTA
MEMO
Tuesday, January 24, 2006
TO:
Lorraine Bennett, City Clerk
1/1/
FROM:
Zaneta Salde Encarnacion, Constituent Services Manager
RE:
Housing Advisory Commission
The Mayor would like to recommend the following individuals for appointment to the Housing
Advisory Commission:
Ms. Aurora Cudal- to fill the tenant (over 62, low-income housing) vacancy
Ms. Nancy Batterman - to fill ex-officio position
Mr. Earl Jentz - to fill ex-officio position
Please call me if you have any questions at x5812
Thank you
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