HomeMy WebLinkAboutAgenda Packet 2006/03/28
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CllY OF
CHULA VISTA
Stephen C. Padilla, Mayor
Patricia E. Chavez, Councilmember David D. Rowlands, Jr., City Manager
John McCann, Council member Ann Moore, City Attorney
Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk
Steve Castaneda, Council member
I ue<.:lare under penalty of perjury Uk!! I dill
employed by the City of Chula Vista in the Council Chambers
OHice of the City Clerk and that I posted this City Hall
document on the bulletin board according to 276 Fourth Avenue
Brown A;t r qwr ments. ill . ) .
CALL TO ORDER Dated ii,;?0t16 Signed 'lkAf'Joi' ().jf~.UA.'~
ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla
March 28, 2006
6:00 P.M.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY CAROLINA GREGOR, SENIOR REGIONAL PLANNER,
SANDAG, REGARDING THE "SMART GROWTH CONCEPT MAP"
. PRESENTATION BY ALISON RICHARDS-EVENSEN, REPRESENTING SANDAG,
OF THE "DIAMOND AWARD" FOR THE CITY'S TRANSPORTATION DEMAND
MANAGEMENT PROGRAM, THE CHULA VISTA XPRESS
. DID YOU KNOW...THE CITY RECENTLY CUT TAXES FOR OVER 11,000
PROPERTY OWNERS?
Presented by Maria Kachadoorian, Finance Director, and Nadine Mandery, Treasury
Manager.
CONSENT CALENDAR
(Items 1 through 6)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed immediately following the Consent Calendar.
1. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE 2482
AND CHAPTER 10.64 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
TRUCK ROUTES, THEREBY AMENDING SCHEDULE VII AS MAINTAINED IN A
REGISTER BY THE CITY ENGINEER (SECOND READING)
There have been many changes to the City's circulation system since the truck routes
ordinance was last modified in 1991. Recently, staff has reviewed the existing truck
routes and recommends several changes in order to: I) clarifY the intended usage of
existing streets throughout the City, and 2) classifY some future streets depicted on the
approved entitlement documents for Villages 2, 6, 7, II and Planning Area 12 of the Otay
Ranch. This ordinance was introduced at the meeting of March 21, 2006. (City
Engineer)
Staff recommendation: Council adopt the ordinance.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
ADDING CHAPTER 9.80 TO THE CITY OF CHULA VISTA MUNICIPAL CODE TO
REGULATE THE PROXIMITY OF SEX OFFENDERS TO CHILDREN'S
FACILITIES (SECOND READING)
Convicted sex offenders pose a clear threat to the children residing, or visiting in our
community. Convicted sex offenders have a much higher recidivism rate than other
violent felons and therefore the City Council of the City of Chula Vista desires to impose
additional safety precautions to further the goal of protecting children throughout the City
of Chula Vista. This ordinance was introduced at the meeting of March 21, 2006.
(Police Chief)
Staff recommendation: Council adopt the ordinance.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING STREET IMPROVEMENT DEFERRAL AND LIEN AGREEMENT
WITH MARICOPA ASSOCIATES, LLC, FOR THE PROPERTY AT 1805
MAXWELL ROAD (APN 644-040-61-00) ACCORDING TO COUNCIL POLICY NO.
503-03
Arizona Maricopa Associates, LLC, has proposed construction of a temporary vehicle
storage yard at 1805 Maxwell Road. The improvement certificate on the parcel map for
the site requires the construction of certain street improvements along the east side of
Maxwell Road prior to any development on the property. Due to the temporary nature of
the proposed development, the Engineering Department recommends that the street
improvements, estimated to cost approximately $135,822, be deferred until a permanent
development is proposed in order to ensure the improvements wil1 match the ultimate
development of the site. City Council approval is required for any improvement deferral
in excess of $30,000. (City Engineer)
Staffrecommendatjon: Council adopt the resolution.
Page 2 - Council Agenda
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March 28, 2006
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A GRANT FROM THE COUNTY OF SAN DIEGO AGING AND
INDEPENDENCE SERVICES FOR THE EXPANSION OF THE SCHOOL
NUTRITION ADVOCACY PROGRAM (SNAP) AT THREE CHULA VISTA
ELEMENTARY SCHOOLS USING OLDER ADULT VOLUNTEERS, AMENDING
THE FISCAL YEAR 2006 RECREATION DEPARTMENT BUDGET BY
APPROPRIATING $20,000 BASED ON UNANTICIPATED REVENUE, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE
REQUIRED)
The intent of this grant is to continue the development of the Recreation Department's
Life Options program by offering expanded opportunities for adults in retirement to give
back to their community. The County of San Diego Aging and Independence Services is
providing $20,000 to expand the School Nutrition Advocacy Program (SNAP) to three
elementary schools in Chula Vista using retired adults as volunteers. (Recreation
Director)
Staff recommendation: Council adopt the resolution.
5 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "G"
STREETS FOR THE CINCO DE MAYO CELEBRATION ON APRIL 30, 2006 FROM
4:00 A.M. - 9:00 P.M., WAIVING PROHIBITION ON SIDEWALK SALES, AND
WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS
ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H"
STREETS FOR THE LEMON FESTIVAL ON AUGUST 13, 2006 FROM 4:00 A.M. -
9:00 P.M., WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING
BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND
VENDORS PARTICIPATING IN THE EVENT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CLOSURE OF THIRD AVENUE FROM "D" STREET TO "I" STREET
AND "H" STREET BETWEEN SECOND AND FOURTH A VENUE, AND
PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT
PARADE ON DECEMBER 2, 2006 FROM 1 P.M. - 10:00 P.M., AND WAIVING
PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE
TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS
PARTICIPATING IN THE EVENT
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION FOR SPECIAL EVENTS
FOR 2006 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
Adoption of the resolutions approves the closures of Third A venue and other various
streets for annual special events in 2006. (Communications Director)
Staff recommendation: Council adopt the resolutions.
Page 3 - Council Agenda
http://www.chulavistaca.gov
March 28, 2006
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY'S PURCHASING AGENT TO INCREASE AN
EXISTING PURCHASE ORDER BY $125,000 WITH RBF CONSULTING FOR
MUNICIPAL PLANNING SERVICES FOR THE REMAINDER OF THE FISCAL
YEAR
The existing agreement with RBF Consulting is for professional planning services for the
Development Services section of the Planning and Building Department. This has
provided the department with the ability to handle short-term increases in planning
application filings without hiring additional permanent city staff. The consulting
planners are primarily assigned to planning applications with full cost recovery
agreements so that the applicants will pay all costs associated with the contract. Due to a
greater than anticipated volume of work this fiscal year the budgeted and purchase order
amount will soon be exceeded and need to be amended so that RBF Consulting can
continue to provide this service until the end of the fiscal year. (Planning and Building
Director)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
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.
7. CONSIDERATION OF ADOPTION OF A MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, THE GAS TECHNOLOGY INSTITUTE,
AND THE CENTER FOR ENERGY STUDIES AT SAN DIEGO STATE
UNIVERSITY
Consistent with the Mayor and City Council's VISIOn to establish a collaborative
university campus with a strong research component, the City has been selected as the
permanent site for the U.S. Department of Energy-sponsored National Energy Center for
Sustainable Communities research institute. Adoption of the resolution approves a
memorandum of agreement with the Gas Technology Institute and the Center for Energy
Studies at San Diego State University to establish and operate the National Energy Center
for Sustainable Communities. During the presentation, staff plans to provide an update
on the University Project. (Community Development Director)
Page 4 - Council Agenda
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March 28, 2006
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE
CITY OF CHULA VISTA, THE GAS TECHNOLOGY INSTITUTE AND THE
CENTER FOR ENERGY STUDIES AT SAN DIEGO STATE UNIVERSITY,
IN A PARTNERSHIP TO ESTABLISH AND TO OPERATE THE NATIONAL
ENERGY CENTER FOR SUSTAINABLE COMMUNITIES, AND
AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT
8. CONSIDERATION OF ACCEPTING $300,000 FROM THE U.S. DEPARTMENT OF
JUSTICE'S OFFICE OF COMMUNITY ORIENTED POLICING SERVICES FOR
THE UNIVERSAL HIRING PROGRAM GRANT; AND AMENDING THE POLICE
DEPARTMENT BUDGET FOR THE ADDITION OF SIX SWORN POSITIONS,
ADDITIONAL FUNDING FOR OVERTIME AND HOURL Y WAGES, AND
APPROPRIATION OF THE REMAINDER OF A UNIVERSAL HIRING GRANT
With the completion of the Police Department's strategic business plan, the department
has conducted an extensive needs assessment in order to identifY the resources that the
department would need in order to successfully implement the goals set forth in the
strategic plan. Adoption of the resolutions approves the addition of six sworn positions,
additional funding for overtime and hourly wages, and appropriation of the remainder of
a Universal Hiring Grant. (Police Chief)
Staff recommendation: Council adopt the following resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $300,000 FROM THE U.S. DEPARTMENT OF JUSTICE'S
OFFICE OF COMMUNITY ORIENTED POLICING SERVICES FOR THE
UNIVERSAL HIRING PROGRAM GRANT, ADDING TWO PEACE
OFFICERS AND TWO POLICE AGENTS TO THE AUTHORIZED
STAFFING LEVELS OF THE POLICE DEPARTMENT AND
APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE POLICE DEPARTMENT BUDGET TO ADD A PEACE
OFFICER AND POLICE LIEUTENANT, 3.5 FULL TIME EQUIVALENT
HOURLY STAFF, ADDITIONAL OVERTIME AND BENEFIT FUNDING,
INCREASING THE NUMBER OF AUTHORIZED OVER HIRE OFFICERS
FROM FIVE TO TEN, AND APPROPRIATING FUNDS THEREFOR FROM
THE AVAILABLE BALANCE OF THE GENERAL FUND (4/5THS VOTE
REQUIRED)
9. CONSIDERATION OF APPROVAL OF COMMUNITY DEVELOPMENT
DEPARTMENT'S FIVE-YEAR STRATEGIC PLAN
Adoption of the resolution approves the Community Development Department's Five-
Year Strategic Plan. The plan details key programs and projects that will be undertaken
during the planning period, and the associated outcomes, benefits and resources.
(Assistant City Manager/Community Development Director)
Staff recommendation: Council adopt the following resolution:
Page 5 - Council Agenda
http://www.chulavistaca.gov
March 28, 2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE COMMUNITY DEVELOPMENT FIVE-YEAR STRATEGIC
PLAN AND DIRECTING STAFF TO RETURN TO COUNCIL WITH A ONE-
YEAR WORK PLAN TO BEGIN IMPLEMENTATION OF THE STRATEGIC
PLAN
OTHER BUSINESS
10. CITY MANAGER REPORTS
11. MAYOR'S REPORTS
Consideration of City Council conunittee assignments.
12. 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).
13. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. Two cases
ADJOURNMENT to the Regular Meeting on April 4, 2006 at 4:00 p.m. in the Council
Chambers.
In compliance with the
Page 6 - Council Agenda
http://www.chulavistaca.gov
March 28, 2006
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 Devicesfor the Deaf{TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
Page 7 - Council Agenda
http://www .chulavistaca.gov
March 28, 2006
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ORDINANCE NO. ("\ ?~f',.\)\~
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AN' ORDINA-NCE OF THE CITY OF CHULA ~TA AMENDING CHAPTER
10.64 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TRUCK
ROUTES
WHEREAS, there have been many changes to the City's circulation system since the
truck route ordinance was last modified in 1991; and,
WHEREAS, staff has conducted a review of the existing truck routes and recommends
several changes in order to: 1) clarify the intended usage of existing streets throughout the
City, and 2) classify some future streets depicted on the approved entitlement documents for
Villages 2,6,7, II and Planning Area 12 of the Otay Ranch.
The City COWlcil of the City ofChula Vista does hereby ordain as follows:
SECTION I: That Sections 10.64.010 and 10.64.040 of Chapter 10.64 are hereby
amended to read as follows:
Sec. 10.64.010
Compliance required when.
Except when provided in sections 10.64.020 and 10.64.030, it is unlawful to
operate a vehicle weighing in excess of 10,000 pOWlds except upon a truck route
designated ia section 19.61.910 within the City limits. This section is effective
when signs marked "truck route" have been installed along the designated Truck
Routes, and the city engineer has installed signage at each vehicular poiot of entry
into Chula Vista restricting vehicles io excess of ten thousand pOWlds to
designated truck routes. The city engjneer shall maintain within a regjster
Schedule VII listing all streets or portions of streets that are designated "truck
routes. n
Sec. 10.64.040
Schedule VII
Load restrictions upon vehicles usmg certain streets -
Repealed by Ord. _, 2006 (Ord. 2670, 1996; Ord. 2482 ~ I, 1991; Ord. 973, g
1,1966; prior code g 19.22.1
(See attached Truck Routes (Revised) Schedule VII, "Exhibit B")
[Editor's Note: The substantive acts of the cOWlcil pertaining to Schedule VII and
truck routes, undertaken by ordinance, as required by the Vehic1e Code of the
S tate of California, are listed within a register maintained by the City Engioeer,
Schedule VII listing all streets or portions of streets that are designated "truck
routes. "]
1-1
SECTION II: This ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Presented by
Approved as to form by
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Ann Moore
City Attorney
.
Leah Browder
Acting Director of Engineering
J:\EnginecMGENDA\CAS2Q06\03_2 t -06\ORDINANCE NO.doc
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ORDINANCE NO. c f>,.D\~G. f>i
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AN ORDINANCE OF THE CITY COUNcw:&9'rHE CITY OF
CHULA VISTA ADDING CHAPTER 9.80 TO THE CITY OF
CHULA VISTA MUNICIPAL CODE TO REGULATE THE
PROXIMITY OF SEX OFFENDERS TO SCHOOLS AND
PARKS.
WHEREAS, convicted sex offenders who conunitted a sexual offense against children
pose a clear threat to the children residing, or visiting in our community; and
WHEREAS, The City of Chula Vista currently places a high priority on maintaining
public safety through a highly skilled and trained police department as well as laws that deter and
punish criminal behavior; and
WHEREAS, it is the intent of the City of Chula Vista in enacting this measure to help its
citizens and their children have additional precautions. It is not the intent of the city to
embarrass or harass persons convicted of sex offenses.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain:
FINDINGS AND DECLARATIONS
The City of Chula Vista finds and declares each of the following:
(a) The City of Chula Vista currently places a high priority on maintaining public safety
through a highly skilled and trained police department as well as laws that deter and
punish criminal behavior.
(b) It is the intent of the City of Chula Vista in enacting this measure to help its citizens and
their children have additional precautions. It is not the intent of the city to embarrass or
harass persons convicted of sex offenses.
(c) Chula Vista must take additional steps to monitor sex offenders and protect children.
DEFINITIONS
"Park" or "city park" means the land and easements owned or leased by the city of Chula Vista
which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the city
for purposes of sports and public recreation.
"Person" means a person who has committed a sexual offense against or involving a minor for
which the person must register as a sex offender pursuant to Penal Code 9 290.
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Ordinance No.
Page 2 of2
RESIDENCY RESTRICTIONS - SCHOOLS AND PARKS
I. A person shall not reside within five hundred (500) feet of the real property of a school,
grades kindergarten through eight.
2. A person shall not reside within five hundred (500) feet of the real property of a park.
3. Following notification by the Chula Vista Police Department of the requirements of this
ordinance, any violation of this section is a misdemeanor punishable by a flne of up to
and including $1000 and/or six months in the county jail.
4. This section shall not apply to any person who has established a residence (at which this
person lists as his or her address for Penal Code ~ 290 registration) prior to July I, 2006.
SEVERABILITY
If any provisions or clause of this Division or the application thereof to any person or
circumstance is held to be unconstitutional or otherwise invalid by any court of competent
jurisdiction, such invalidity shall not affect other provisions of this Division or clauses or
applications thereof which can be implemented without the invalid provision, clause or
application, and to this end, the provisions and clauses of this Division are declared to be
severable.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in full force on adoption of this ordinance.
Presented by:
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Ann Moore
City Attorney
Richard P. Emerson
Chief of Police
H:/AttomeylFinal Resos/2006/3 7 06/Sex Offender Proximity
2-2 -
COUNCIL AGENDA STATEMENT
Item ..3
Meeting Date 3/28/06
SUBMITTED BY:
Resolution Approving Street Improvement Deferral and Lien
Agreement at 1805 Maxwell Road (APN 644-040-61-00) according to
Council Policy No 505-03.
Acting Director of Engineering'dP
City Manager 1 ~ JlK.
(4/5ths Vote: Yes _ No...x.J
ITEM TITLE:
REVIEWED BY:
BACKGROUND:
Arizona Maricopa Associates, LLC, is currently proposing to construct a temporary vehicle
storage yard at 1805 Maxwell Road. The improvement certificate on the Parcel Map for the site
(Parcel Map No. 18330) requires the construction of certain street improvements along the east
side of Maxwell Road prior to any development on the property. Due to the temporary nature of
the proposed development, it is recommended that the street improvements (estimated to cost
approximately $135,822) be deferred until a permanent development is proposed to ensure the
improvements will match the ultimate development of the site. City Council approval is required
for any improvement deferral in excess of $30,000.
RECOMMENDATION:
That Council adopt the resolution approving the street improvement deferral and lien agreement
for 1805 Maxwell Road.
BOARDS/COMMISSIONS: Not applicable
DISCUSSION:
Arizona Maricopa Associates, LLC, owner of 1805 Maxwell Road, has submitted plans for the
construction of a temporary vehicle storage yard (commonly referred to as the "Road One"
project). According to an improvement certificate recorded on the most current map covering
the subject property (parcel Map No. 18330), the development of either Parcell or 2 as shown
on the map requires the construction of street improvements along the property frontage. These
improvements include, but are not limited to, curb, gutter, sidewalk, pedestrian ramps, driveway
approaches, streetlights, and street trees.
The Road One development proposal encompasses Parcel 2 of Parcel Map 18330 and thus
triggers the requirement to construct the street improvements. Because the vehicle storage yard
is being proposed as a temporary use, Arizona Maricopa Associates, LLC, is requesting the street
improvements be deferred until the site is permanently developed and the improvements can be
designed to match.
According to City Council Policy Number 505-03, City Council is to consider the deferral of any
improvements exceeding $30,000. The improvements required for the Road One project by the
improvement certificate are estimated to cost $135,822. Furthermore, the Developer has
3-1
Page 2, Item ~
Meeting Date 3/28/06
requested that a lien be imposed on the property rather than posting a bond to secure the required
improvements. In accordance with the Council Policy, this request requires the Developer to
submit a title report and property appraisal to be used to verify that the lien amount plus all
property indebtedness doesn't exceed 75% of the total property value. Staff has calculated the
estimated cost of the improvements plus all property indebtedness to be 6.5% of the value of the
property. The "Deferral of the Installation of Certain Public hnprovements in the City of Chula
Vista and Lien Securing the Future Installation of Said hnprovements on the Property Owned by
Arizona Maricopa Associates" agreement between the City and Arizona Maricopa Associates,
LLC, would be recorded against the property should Council approve the deferral and lien
against the property.
FISCAL IMP ACT: There is no impact to the General Fund. All staff costs associated with the
proposed agreement will be reimbursed from the Developer deposits.
Attachments:
Attachment 1:
Attachment 2:
Attachment 3:
Attachment 4:
Attachment 5:
Vicinity Map of the project
Council Policy 505-03
hnprovement Certificate from Parcel Map 18330
Property Appraisal and Title Report
Agreement for the Deferral and Lien with Arizona Maricopa Associates,
LLC
J :\EngineerIAGENDA \CAS2006\03-28-06\RoadOne Deferral Lien.doc
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COUNCIL POLICY
CI1Y OF CHULA VISTA
SUBJECT: DEFERRAL AND LIEN AGREEMENTS
POLICY EFFECTIVE
NUMBER DATE PAG1:.
505-03 09/06/94 1 OF 2
I DATED: 09/06/94
ADOPTED BY: Resolution No. 17640
BACKGROUND
Whenever an owner developes his land in the City, he or she must install any missing public improvements in
accordance with current standards as required by Section 12.24.040 of the.Municipal Code. In certain cases,
however, those improvements may be deferred due to the existing conditions surrounding the property. At
the time the ordinance providing such deferrals was adopted, security for the future completion of the
improvements by the owner/developer could be in the form of casb, surety bonds, pass book, or a lien against
the property in favor of the City.
The Council previously delegated authority to the City Engieer to approve deferrals and to accept liens on the
property to secure the deferral. The report recommended that security be only in the form of cash bonds or,
in the case of demonstrated hardship, the City accept a lien against the property being developed.
After this authority was shifted, the department found that it was relatively easy to make a determination of
demonstrated hardship for an owner wanting to build a single family home, remodel or add to his/her
existing single family dwelling and, on his/her authority, accept a lien in the place of the cash bond In the
case of all other types of development (Le., multi-family residences, industrial. and commercial buildings),
since these uses are all 'for'profit" ventures, it was generally much more difficult to make the necessary
determination of financial hardship. As a result of this, liens were, as a general rule, not allowed for the
latter uses based solely on staff's authority.
PURPOSE
It is the purpose of this policy to provide a means of streamlining the deferral process and curbing the number
of appeals appearing on the Council's docket.
POUCY
The foUowing Deferral and Lien Agreement Policy is hereby established:
1. Only after all other efforts have been made to acquire a cash bond and failed, will the City consider
accepting a lien on the property.
2. Staff may approve deferral and lien agreements up to an amount of $30,000 for any deferral granted by
staff, whether residential, multi.residential, industrial or commercial property.
3. That .the above amount of authority is to be increased or decreased annually beginning on the first of
January of the year following the date of adoption of this policy. The increase or decrease is to be
determined by the Construction Cost Index factor as presented in McGraw-Hill's national publication
EnQineering News Record. (Construction Cost Index Value - 5059.07, Dee. 1992)
3-4
COUNCIL POLICY
CITY OF CHULA VISTA
-
ADOPI'ED BY:
Resolution No. 17640
POLICY EFFECTIVE
NUMBER DATE
505-03 09/06/94
I DATED: 09/06/94
PAGE
20F2
WBJECT: DEFERRAL AND WEN AGREEMENTS
. 4. Council is to CODSider deferral and lien agreements which exceed those authorized to be approved by
staff.
s.. In order for the City to consider accepting a lien. the total of the lien. plus all indebtness against the
property shaD not exceed: a) 7S% of the value of the property in the case of commercial, industrial or
multi-family residential and; b) 80% of the value of siIigle-famUy residential.
6. Before the City can agree to accept a lien, the applicant is to provide the foUowing items:
A. A title report issued within 60 days of submittal showing all indebtedness and encumbrances against
the property.
B. An appraisal showing current value of the property.
C. In case of non-profit public service organizations the Council can. on a case by case basis, waive the
requirements contained. in 6A and B. above and in lieu thereof accept a lotbook report which
provides ownership and trust deed information. In making the decision to waive the requirement
contained in 6A and B the Council shaU consider the type of organization. the length of time they
have been providing a service to the community and their stability of future continuance of that
service.
I
,7.
,
Whenever a deferral and lien is approved, the standard deferral and lien agreement prepared by the
City Attorney (copy attached) shall be utilized.
8.
Staff shall forward a report to Council in the month of JanuaI}' of every off-numbered year. Said report
is to include the total number of deferrals and the comparison of the doUar amounts ofliens versus cash
bonds.
ORIGINAL RESOun10N ADOPTING TInS POUCY WAS: 16979 APPROVED 02103193_
3-5
AT/A cH !v1Ei\!T 3
(Parcd MDf 18:330)
IMPROVEMENT CERTIFICA TE
. THE FOLLOWING IMPROveMENTS, AS REQUIRED BY THE NOTTCE OF
APPROVAL OF THE TENTA T7VE PARCEL MAP, SHALL BE GUARANTEED
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS OR OTHER
GRANTS OF APPROVAL FOR THE DEVELOPMENT OF EACH PARCEL
CREA TED BY THIS MAP AS NOTED.
PARCELS 1 AND 2:
(1) MAXWELL ROAD SHALL 8E IMPROVED AS SHOWN ON TFNTA71Vf
PARCEL MAP TO THE SATISFACTION OF THE CITY ENGINEER
ALONG THE SEPARATE FRONTAGE OF EACH PARCEL.
IMPROveMENTS SHALL INCLUDE, BUT NOT BE UMITED TO: AC,
PA VEMENT, CONCRETE CURB, GUTTER AND SIDEWALK, PEDESTRIAN
RAMP, TRANSITION TO EXISTING IMPROVEMENTS, DRIVF:WAY
APPROACHES, STREET UGHTS, STREET TREES, SEWER AND
DRAINAGE FACIUTlES, FIRE HYDRANTS, AND UNDERGROUNDING
OF ALL UTlUTlES.
(2) THE OWNER SHALL BE RESPONSIBLE FOR THE INSTALLATION OF
250 WATT HPSV STREET UGHTS ON MAXWELL ROAD. STREET
UGHTS SHALL CONFORM TO CVCS 6 AND 7. THE LOCATION
SAID OF STREET UGHTS SHALL BE AS DETERMINED BY THE
CITY ENGINEER.
(3) THE OWNER SHALL BE RESPONSIBLE FOR STRIP1NG AND RAISED
PAVEMENT MARKINGS AS REQUIRED BY THE CITY ENGINEER.
(4) CONSTRUCT WATER FACILITlES TO PROVlDE FIRE FLOW AS
DETERMINED BY THE CITY OF CHULA VISTA FIRE MARSHALL AND
OTAY MUNICIPAL WATER DISTRICT.
(5) CONSTRUCT ARE HYDRANTS AND INSTALL FlRE SPR1NKLERS AS
REQUIRED BY THE CITY FIRE MARSHAL.
(6) CONSTRUCT IRRIGATION FACILITlES TO ACCOMMODATE RfCLAIMro
WATER AS REQUIRED BY THE OTAY MUNICIPAL WATER DISTRICT.
THE ABOVE IMPROVEMENTS SHALL BE MADE IN ACCORDANCE WITH
ALL PERTINENT ORDINANCES ON A PARCEL BY PARCEL BASIS,
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS OR OTHER
GRANTS OF APPROVAL FOR DEVELOPMENT ON EACH PARCEL A
CONSTRUCTION PERMIT MUST Bf OBTAINED FOR THE CONSTRUCT70N
OF THE ABOVE IMPROVEMENTS. -6
AT7ACJI M~N r t
f/(()peffj AppfUlt'std avtt1 1Ff1<.-
f:V - 273
?tJvf
DAVID R. SHIBLEY
OFFICE: (760) 737-9007
FAX: (760) 737-9789
CELL: (760) 443-5028
1923 BEDFORD PLACE AND
ESCONDIDO, CA. 92029 ASSOCIATES
E-MAIL: sbiblevirwcox.net
December 5, 2005
Mr. Arie de Jong
Arizona Maricopa Associates, L.L.C.
807 East Mission Road
San Marcos, California 92069
Re: Current market evaluation of the property at 1805 Maxwell Road, Chula
Vista, California assessors parcel 644-040-61
Dear Mr. de Jong:
Qualifications of David R. Shibley: I have been a licensed real estate
agent/broker since 1971 and since that date have specialized in the sale of
vacant land for residential, commercial and industrial use and I specifically
service land developers.
Property Description: A vacant land parcel consisting of 7.73 gross acres
with a net usable acreage of 5.64 acres divided into two finish graded upper
and lower pads. The property is entirely fenced, located on the paved street
of Maxwell Road and all utilities are available for hook up in Maxwell Road.
Zoning: Industrial Research and Industrial Limited Manufacturing (IRJIL)
and located in a redevelopment area.
Based on current sales of Industrial Zoned land in the Chula Vista, and Otay
Mesa area the value of your land in my opinion is $8.50 per net usable
square foot for a total value of Two Million Eighty Eight Thousand Two
Hundred Sixty Three Dollars ($2,088,263.00).
Attached are 21 comparison-sales from Costar Comps in support of the
above value of$8.50 per net square foot. If anything the comps indicate that
$8.50 per square foot is a conservative estimate. Also attached is a property
3-7
profile sheet from Chicago Title Company showing a tax assessors value of
$1,532,670 which in many cases is substantially below market value of any
given property.
Also attached for reference purposes is a Thomas Brothers location map, an
assessors parcel map and an aerial photograph of the property.
Sincerely,
David R. Shibley
))J!(
.
2
.
3-8
Quick Comp Report
earch Crlterta:Research Status: Published; Market: San Diego; ZipCode: 91908, 91909, 91910, 91911, 9191~ 91913,
91914 91915 92154' Pro T e: ltD' SaleDate: 11/1/2004 and Jater'
Camps No:
Map:
Zoning:
Exchange:
Sale Date:
Down Payment::
Cap Rate:
Price/SF:
SDC-30613-09-0520
1351-H/l
OMDD, County of SD
N/Av
OS/27/2005
$10,000,000
N/Av
$2.91
NE cnr Otay Mesa/Piper Ranch
San Diego, CA 92154
Research Status: Published
Year Built:
Sale Price:
$10,000,000
SF:
Land SF:
Parcel:
Legar:
Buyer:
Pilot Trave! Centers, LLC
5508 Lonas Dr
KnoxvJlle , TN 379D9~3221
(865) 588-7487
Financing:
3,437,755
3,437,755
646-240-46 646-240-47
Pars 1, 2 PM 12508.
Photo N/Ap, Land Sale
Seller:
Ramzi & Mary Shamoun
1648 Birdsong PI
EJ Cajon, CA 92021-1524
(619) 440-4322
Camps No:
Map:
ZonIng:
Exchange:
Sale Date:
Down Payment:
Cap Rate:
Price/SF:
SDC-23028-03-0S20
1351-E/4
OMMD-IND, San Diego
N/Av
01/12/2005
$7,000,000
N/Av
$3.15
7365 Slempre Viva Rd
San Diego, CA 92154 -7414
Research Status: Published
ear Built:
ale Price:
$7,000,000
[sF,
Land SF:
Jparce(:
Legal:
2,221,124
2,221,124
667-050-33 thru 38 667-050-64, 65
Lots 1 thru 7 Martinez Ranch Business Park map 12488 WI
exceptions and easements
Seller:
Maria G. Martinez Trust
Photo N/Ap, Land Sale
Buyer:
Britannia Industrial Center, LP
12526 High Bluff Dr Suite 100
San Diego, CA 92130-2064
(858) 793-2442
FInancing:
Whall!n FurnitureSingle Tenant Industrial
Building Site
Air Wing Rd 5 of Approach R
San Diego, CA 92154
Research Status: Published
I!ear Built:
~ale Price: $6,949,176
Camps No:
Map:
Zoning:
Exchange:
Sale Date:
Down Payment:
Cap Rate:
Pl'"ice/SF:
SDC-79225-12-0420
1351-H/l
I, San Diego
NjAV
11/02/2004
$1,889,676
N/Av
$24,08
[sF:
Land SF:
Parcel:
Legal:
Buyer:
Lot 18 Otay Mesa Road Inc
1444 30th St
San Diego, CA 92154-3422
(619) 423-9948
Financingi
Union Bank of California
288,561
288,561
646-240-51
Par 3 Pm 19396 & easements
Seller;
Piper Ranch 17 LLC
4350 La Jolla Village Dr
San Diego, CA 92122-1243
(619) 657-9636
Photo N/ Ap, Land Salt
601:$5,059,500
!copyrfght~ 1999-2002 CoStilr Realty In!~rmation, Inc:. All rights reserved. Information obtained from sourc:es deemed
reliable but not nUiitranteed. Phone: (800) 204-5960
3-9
NE cnr Brittanla Blvd & 5{empre Viva Rd
San Diego, CA 92154
Research Status: Published
Year Built:
Sale Price:
$6,220,000
SF:
Land SF:
Parcel:
Legal:
Buyer:
pecp SG Keamy Otay, LLC
1900 Avenue Of The Stars Suite 320
Los Angeles, CA 90067-4301
(310) 203-9600
Financing:
Wells Fargo Bank N .A.
Camps No:
Map:
Zoning:
Exchange:
Sale Date:
Down payment:
Cap Rate:
Price/SF:
SDC-4683S-08-0520
1351-F/2
OMOD, Otay Mesa
No
07/19/2005
N/AV
N/AV
$3.69
1,684,901
1,684,901
646-110-21
SW4 SW4 see 34 T18S R1W S88&.M.
Seller:
Rogers Family Partnership, LP
17123 Via Barranca Del Zarro
Rancho Santa Fe ,CA 92067
(858) 756-2554
Eastlakll BusIness Center Hold for
Devalopment Site
821 Harold PI
Chula Vista, CA 91914 .3550
l..~egearch Status: Published
p. ear Built:
Sale Price:
$6,142,000
SF:
iLand SF:
Parcel:
Camps No:
Map:
Zon Ing:
Exchange:
Sale Date:
Down Payment:
Cap Rate.:
price/SF:
6al:$14,625,000
SDC-23052-03.0520
1311-G/5
PCI, Chula Vista
N/Av
11/29/2004
N/Av
N/Av
$10:92
562,360
562,360
595-710-05 thru 07
Lots 1, 2 &. 3 Chula Vista trt no 00-02 EastLake Business Center 11
Phase 2 map 14395.
Legal:
Buyer:
I'=~/VCC Eastlake LLC
fOOD MiJler Ave
Mill Valley, CA 94941-2990
(415) 381-1600
Financing:
PMorgan Chase Bank
1755 -1759 Cactus Rd
San Diego, CA 92154 -8104
Research Status: Published
Year Buitt:
Sale Price:
$5,000,000
SF:
Land SF:
Parcel:
Legal:
~~yer:
CH NO.1, LP
1000 Pioneer Way
EI CaJon, CA 92020-1923
619) 440-7424
Financing:
CaliFornia Bank &. Trust
Seller:
The EastLake Company LLC
900 Lane Ave Suite 100
Chula VIsta I CA 91914-3503
(619) 421-0127
Comps No:
Map:
Zoning:
Exchange:
Sale Date:
Down Payment:
Cap Rate:
Pr1ce/SF:
601:$32,682,000
SDC-40832-08-0S20
1351-D/4
OMDD, San DIego
Tax Dfrrd
07/11/2005
$3,700,000
N/Av
$5.30
942,638
942,638
667-050-62667-050-63
por Jot 7 SW4 NE4 see 4 T19S Rl W SBB&M + easement.
Seller:
LaSalle Investments
1755 Cactus Rd
San Diego, CA 92154-8104
Bal:$1,300,000
Photo N/Ap, Land Sale
Photo N/Ap, Land Sale
Photo N/Ap, Land Sale
Copyright<e 1999-2Q02 CoSta.. Realty Information, Inc. All rights reserved. Information obtained from sources deemed
reliable but not "uaranteed. F>>hone: 'aoo' 204-5960
.
3-10
$4,800,000
Camps No:
Map:
Zoning:
Exchange:
Sale Date:
Down Payment:
Cap Rate:
Price/SF:
Siempre Viva Rd/S Airway Rd
San Diego, CA 92154
Research Status~ Published
vear Built:
Sale Price:
SF:
Land SF:
Parcel;
Legal:
Buyer:
PCCP PG Kearny Otay, LLC
1960 E Grand Ave Suite 400
Er Segundo, CA 9024S~SOOO
Financing:
50C-79163-11-0520
1351-G/3
OMDD, San Diego
N{Av
09/13/2005
$4,800,000
N/Av
$2.20
2,178,000
2,178,000
646-110-10,37,38
NW4 SE4 & SW4 SE4 see 34 TiBS Rl W San Bernardino Meridian.
Seller:
Yamamoto Property Trust
8678 Dent Dr
San D!ego , CA 92119-1434
(619) 466-8984
$4,750,000
Camps No:
Map:
Zoning:
Exchange:
Sale Date:
Down payment:
Cap Rate:
Price/SF:
SE VIa De La Amistad/Hwy 90S
San Diego, CA 91911
Research Status: Published
ear Bunt:
ale Prfce:
F:
Land SF:
Parcel:
Legal:
Buyer:
CH No.1, LP
1000 Pioneer Way
EI Cajon I CA 92020-1923
(619) 440-7424
Financing:
5DC-63708-09-0520
1352-A/3
Or-.1DD, San Diego
Tax Dfrrd
08/17/2005
$4,750,000
N/Av
$10.98
432,551
432,551
646-142-28,30,35
Par 1 PM 16523 & exceptions.
Seller:
Kascommercial Properties
800 Silvera do St
La Jolla, CA 92037-4274
(858) 551-2440
$1,965,000
Camps No:
Map:
Zoning:
Exchange:
Sale Date:
Down Payment:
Cap Rate:
Price/SF:
Marconi P! n/o Marcon! Dr
San Diego, CA 92154 -7272
Research Status: Published
Ivear Built:
Sa1e Price:
SF:
Land SF:
Parcel:
Legal:
Buyer:
ames Michael Wright
f701 EI Mirar
Rancho Santa Fe I CA
Financing:
San Diego National Bank
5DC-l0711-06-0520
1352-6/3
7, 5an Diego
No
05/31/2005
$982,000
N/Av
$9.74
701,682
201,682
646-161-09,32,33
Lot 9 Otay International Center Lots 8 & 9 Unit No 2 map 12155 &
Pars 1 & 2 PM 16107.
Seller:
Roberto Ackerman
1099 Augusta PI
Chula Vista, CA 91915-1201
(858) 954-3363
6al:$983,000
92067
Photo N/Ap, Land SalE
Photo N/Ap, Land Sale
Photo N/Ap, Land Sale
Copyright~ 1999-20D2 CoStar Realt'Lln!~rmath~", Inc. All rights reserved. Information obtained from sources deemed
eUable but not quaranteed. Phone. {BOO J 204-5960
3-11
Watervfl1e, NE of Dublin
San Diego, CA 92154.8205
Research Status: Published
Ivear Built:
Sale Price:
$1,554,772
.
SF:
Land SF:
Parcel:
Legal:
Buyer:
uan Manuel De La Tarre Properties,
1680 Hilltop Dr
Chula Vista, CA 91911-5305
(619) 426-6992
Financing:
First National Bank
First NatIonal Bank
164.432
164,432
646-220-05
lot 5 Brown Field Business Park Unit No 1 map 12279.
Seller:
Managing GP INC
1000 Pioneer Way
EI C.jon ,CA 92020-1923
(619) 440-7424
Comps No:
Map:
Zoning:
Exchange:
Sale Date:
Down Payment:
Cap Rate:
Price/SF:
Eastlaka Industrial Parklndustrial Park Site
Harold PI, W of Girard Ct
Chu!a Vista, CA 91914 -3550
Research Status: Published
Year Built:
SaJe Price:
$1,472,500
SF:
iL.nd SF:
Parcel:
Legal:
S:uyer":
HTRCE, LP
PO Sox 211075
hula Vista, CA 91921
Comps No:
Map:
Zoning:
Exchange:
Sale Date:
Down Payment:
Cap Rate:
Price/SF:
5DC-69776-09-0520
1351-F/2
OMDD, San Diego
N/Av
04/1S/2005
N/Av
N/Av
$9.46
Sol:$2,S31,300
SOI:$1,844,700
5DC-99602-09-0520
1311-G/4
7, Chula Vista
N/Av
05/06/2005
N/Av
N/Av
$11.27
130,680
130,680
595-710-08
Lot 4 Chula VIsta Tract No 00-02 EastLake Business Center II
Phase 2 map 14395
Financing:
Information not avaIlable
6852 Calle De Unea
San Diego, CA 92154
Research Status: Published
Iyear" Built:
Sale Price:
$1,337,500
SF:
Land SF:
Parcel:
egal:
Buyer:
Miguel 0 &. Sonra L Perez
580 Plaza Del Cid
Chulo Vista, CA 91910-7592
(619) 216-1832
Financing:
Information not avallab!e
Se1ler:
The EastLake Company LLC
900 Lane Ave Suite 100
Chula Vista, CA 91914-3503
(619) 421-0127
Comps No:
Map:
Zoning:
Exchange:
Sale Date:
Down Payment:
Cap Rate:
Price/SF:
5DC-44137-03-0520
1351-D/4
OMDD, San DIego
N/Av
02/28/2005
N/Av
N/AV
$2.67
500,940
500,940
667-0S0-56
Lot 16 International BusIness Center map 12202
Serler:
The M House, LP
1410 HIli St
EI CoJon ,CA 92020-5749
(619) 440-5341
PhDtD N/Ap, Land Sal(
Photo N/Ap, Land Sale
Photo N/Ap, Land Sale
COPYr"ightr:> 1999.2002 CoStar Realty Information, Inc. AU rights reserved. Information obtained from sOlJrc:es deemed
reliable but not CJuaranteed. Phone~ (Baal 204.5960
3-12
Energy wy E/ Nirvana AV
Chula Vista, CA 91911
Research Status: Published
Year BuIlt:
Sale Price:
SF,
Land SF:
Parcel:
Legal:
Buyer:
Ecology Auto Parts
13780 Imperial Hwy
anta Fe Springs, CA
(714) 994-0703
inancfng:
230,868
230,868
644-181-10
Lot 20 Otay Industrial Park map 8147 & exceptions
Seller:
Otay Industrial Park
855 Energy Way
Chula Vista, CA 91911~61l0
(619) 656-1836
$1,000,000
90670-4823
8534 Slempre Viva Rd
San Diego, CA 92154 -6270
~~search Status: Published
I~ear Built:
r->>ale Price: $878,000
SF,
Larid SF,
Parcel:
Legal:
Buyer:
Siempre Viva III, LLC
3035 Udall St
lS~n Diego, CA 92106-1654
(619) 226-0786
Financing:
~he Loan Company
The Collection at EastlakeHold for
Development Site
2449 Fenton St
ChulaVlsta, CA 91914 -3517
Research Status: PUblished
Year Bunt:
Sale Price:
97,574
97,574
645-210-17,28545-210-28
Lots 17 & 28 De La Fuente Business Park Unit 4 map 12333.
Seller:
Kiana R & E Limited
PO Box 434333
San Ysidro, CA 92143
$782,500
SF,
Land SF:
Parcel:
Legal:
Buyer:
Gordon W. & Patricia A. McKelvey Tr
320 E H St
Chula Vista, CA 91910-7483
519) 422-4500
Financing:
Camps No:
Map:
Zoning:
Exchange:
Sale Date:
Down Payment:
Cap Rate:
Price/SF:
SDC-54558-05-0520
1331-A/5
IP, ChuJa vrsta
N/Av
03/30/2005
$1,000,000
N/Av
$4.33
Photo N/Ap, Land Sa!,
Comps No:
Map:
Zoning:
Exchange:
Sale Date:
Down Payment:
cap Rate:
Price/SF:
SDC-S0350~OS~OS20
1351-H/3
OMDD, San Diego
N/Av
03/10/2005
$358,000
N/Av
$9.00
Photo N/Ap, Land Sale
Bal:$520,000
Camps No:
Map:
Zoning:
Exchange:
Sale Date:
Down Payment:
Cap Rate:
Price/SF:
SDC-42362-03-0520
1311-G/4
PCjBC2, Chu!a Vista
Tax Dfrrd
02/23/2005
$782,500
N/Av
$43.81
17,850
17,850
595~231-47
Par 9 PM 19417 &. easements.
Seller:
East!ake Co!tection LLC
1401 Quail St
Newport Beach, CA 92660-2744
(949) 724-8885
Photo N/Ap, Land Sale
opyrlght~ 1999-2002 CoStar Realty Information, Inc. All rights reserved. Infom'latlon obtained from sources deemed
reliable but not "'uaranteed. Phone: (SOO) 204-5960
3-13
~F: 56,192
Land SF: 56,192
Parcel: 646-210-36
Legal: Lot 7 De La Fuente Business Park Unit No 3 map 12308
Buyer: SeUer:
IGj-lberto & Soledad Leyva Jose Luis Islas
3635 College Ave 3833 Nobel Dr Suite 3109
~~n Diego, CA 92115-7042 San Diego, CA 92122-5702
(619) 287-0174 (858) 587-9095
Financing:
nformat!on not available
8750 Slempre Viva Rd
San Diego, CA 92154 -6221
L~esearch Status: Published
I~ear Built:
t=ia1e Price: $725,000
..
. ~W~::De La Amistad WI Hwy90S
gah Diego, CA 91911
Research Status: Published
Year Built:
~Ie Price: $670,000
SF:
Land SF:
Parcel:
Legal:
Buyer:
Otay Properties, Inc.
530 B St Suite 200
San Diego, CA 92101-4407
117,176
117,176
646-142-31
Par 2 PM 16694.
Financing:
Via De La Amistad WI Hwy90S
San Diego, CA 91911
~~search Status: Published
ear Built:
Sale Price:
$670,000
SF:
Land SF:
Parcel:
Legal:
Buyer;
Kascommercial Properties
800 SlIverado St
L. Jolla, CA 92037-4274
(858) 551-2440
Financing:
Camps No:
Map:
Zoning:
Excnang e:
Sale Date:
Down Payment:
CaP R.ate:
Price/SF:
SDC-36566-03-0520
1351-H/4
OMDD, San mego
N/Av
02118/2005
N/Av
N/Av
$12.90
Photo N/Ap, Land Sale
Camps No:
Map:
Zoning:
Exchange:
Sale Date:
Down Payment:
Cap Rate:
PrIce/SF:
5DC-56976-05-0520
1352-A/3
OMDD, San Diego
N/Av
03/23/2005
$670,000
N/Av
$5.72
Photo N/ Ap, Land Sale
Seller:
Kascommercia! Properties
800 SlIverado St
La Jolla, CA 92037-4274
(858) 551-2440
5DC-56977-05-0520
1352-AI3
OMDD, San D!ego
N/Av
03/23/2005
$670,000
N/Av
$7.02
Camps No:
Map:
Zoning:
Exchange:
Sale Date:
Down Payment:
Ca pRate:
Price/SF:
95,396
95,396
646-142-35
Par 1 PM 16523 & exceptions.
Seller:
Otay Properties, Inc.
530 6 St Suite 200
San Diego, CA 92101-4407
Photo N/Ap, Land Sale
COP'Iright@ 1999-2002 CoStar Realty' Information, Inc. All rights re!lerved. Information obtained from sources deemed
reliable but not "'uaranteed. Phone: '800' 204-5960
3-14
2300 -2321 Fenton 5t
Chula Vista, CA 91914
Re$earch Status: Published
!Year Built:
!Sale Price:
Comps No:
Map;
Zoning:
Exchange:
Sale Date:
Down Payment:
Cap Rate:
Price/SF:
$602,000
SF:
Land SF:
Parcel:
Legal:
Buyer:
phrmund 2000 Trust
3258 4th Ave
San Diego, CA 92103-5702
5DC-74937-01-0520
1311-F/4
PC-I, Chula Vista
No
11/19/2004
N/Av
N/AV
$4.61
130,680
130.680
595-231-27
Par 6 PM 19417 & easements
Seller:
Eastlake Collection LLC
1401 Quail St
Newport Beach, CA 92660-2744
(949) 724-8886
Financing:
Via Amistad WI Enrico
San Diego, CA 92154
Research Status: Published
....ear Built:
ale Price:
Camps No:
Map:
Zoning:
Exchange:
Sale Date:
Down Payment:
Cap Rate:
Price/SF:
$540,000
SF:
Land SF:
Parcel:
Legal:
5DC-64688-05-0520
1352-A/4
OMDD, San Diego
N/Av
04/06/2005
$540,000
N/Av
$11.49
47,000
47,000
646-160-46646-160-47
lots 46 & 47 Otay International Center lots 8 & 9 Unit No 1 San
Diego map 11741.
Buyer:
Steven E Hendrickson
4370 Pacific Hwy
San Diego, CA 92110~3106
(619) 297-8697
Financing:
Sener:
IRE Enterprises, Inc.
2297 Niels Bohr Ct Suite 210
San DIego I CA 92154-7928
(616) 661-6792
Marconi Or E/ Paseo De Las
San Diego, CA 92154 ~7260
Research Status: Published
Year Built:
Sale Price:
Comps No:
Map:
Zoning:
Exchange:
Sale Date:
Down Payment:
Cap Rate:
Price/SF:
$525,000
SF:
Land SF:
Parcel:
Legal:
Buyer:
Otay Properties LIe
940 Marconi Dr
San Diego, CA 92154-7270
5DC-23030-03-0520
1351-F/2
OMDD, San Diego
N/Av
01/13/2005
$155,000
N/Av
$11.17
47,000
47,000
646-160-28
Lot 28 Otay International Center lots 8 & 9 Unit No 1 map 11741
Seller:
L & 5 Americas West Two, LLC
16216 Kittridge St
Van Nuys , CA 91406-5846
(818) 787-1400
Financing:
Seller
631:$370,000
Photo N/Ap, Land Sale
Photo N/Ap, Land Sale
Photo N/Ap, Land Sale
opyright@ 1999..2002 CoStar Reafty Information, Inc. All rights reserved. Information obtained from sources deemed
reliable but not tluaranteed. Phone:-iaoo) 204-5960
3-15
Page 1 of 1
Property Profile*
Primary Owner:
Secondary Owner:
Mail Address:
Chicago Title @
ARIZONA MARICOPA ASSOCIATES LLC
622 EMISSION RD
SAN MARCOS CA 92069
Site Address: MAXWELL RD
CHULA VISTA CA 91911
Assessor Parcel 644-040-61
Number:
Phone:
Census Tract: 0133.13
Housing Tract
Number:
Lot Number:
Page Grid:
Legal Description: (EX ST) PAR 2
Bathrooms -
Year Built - Square Feet-
Garage - 1 Lot Size - 7.730 AC
Total Rooms - Fireplace - Number of Units - 0
Zoning -INDUSTRIAL (M ZONE) Pool- 1 Use Code -Industrial-Vacant Land
Transfer Date - 01/22/1999 Seller- N/A
Document # - 1999-036066BK-PG:
Transfer Value - N/A
Cost Per Square Feet - N/A
First Loan Amount - N/A
Lender - N/A MTG
Assessment & Tax Information
Assessed Value - $1,532,670 Percent Improvement-
Homeowner Exemption -
~
....
Land Value - $1,532,670
Improvement Value -
Market Improvement Value-
Tax Amount - $25,780.70 Tax Rate Area - 01-126
Tax Account ID -
Tax Status - Current
Market Land Value-
Market Vaiue-
http://ctt.sitexdata.comlProfile.asp?K.EY= 1 9092559-20781370-5947 5415-97284922&UserI... 12/1/2005
3-16
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3-18
@
CHICAGO TITLE COMPANY
fD - 27s
CP'-7~)
PRELIMINARY REPORT
FIRST AMENDED
Dated as of: January 18, 2006
at 7:30 AM
Reference: ROAD ONE TOWING
Order No.: 53040351 - U50
CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as
of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter
set forth, insuring against loss which may be sustained by reason of any defect. lien or encumbrance not shown or
referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules. Conditions
and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list.
Copies of the Policy forms are available upon request.
Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the
attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters
which are not covered under the terms of title insurance policy and should be carefully considered. It is important to
note that this preliminary report is not a written representation as to the condition of title and may not list all liens,
defects and encumbrances affecting title to the land.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF
FACILITATING THE ISSUANCE OF POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF POLICY OF TITLE INSURANCE, A BINDER OR
COMMITMENT SHOULD BE REQUESTED
The form of policy of title insurance contemplated by this report is:
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
Title Department:
Visit Us On The Web: westerndivision.ctt.com
@
CHICAGO TITLE COMPANY
2365 NORTHSIDE DR. #500
SAN DIEGO. CA 92108
(619)521-3673 fax: (619)521-3608
Tom Votel! Ken Cyr
TITLE OFFICER
PFP -Q8/D5/99bk
3-20
SCHEDULE A
Order No: 53040351 U50
Your Ref: ROAO ONE TOW I NG
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
ARIZONA MARICOPA ASSOCIATES, L.L.C., AN ARIZONA LIMITED LIABILITY COMPANY
3. The land referred to in this report is situated in the State of California, County of SAN D I EGO
and is described as follows:
PARCEL 2 AS SHOWN ON PARCEL MAP NO. 1B330, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER, AUGUST 26, 1999.
APN: 644-040-61
PREA -10/31/97bk
3-21
Page 1
Order No: 53040351 U50
SCHEDULE B
Your Ref: ROAD ONE TOW I NG
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy
fonn designated on the face page of this Report would be as follows:
A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE
LEVIED FOR THE FISCAL YEAR 2006-2007 THAT ARE A LIEN NOT YET DUE.
PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS
COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2005-2006
1ST INSTALLMENT:
2ND INSTALLMENT:
PENALTY AND COST:
HOMEOWNERS
EXEMPTION:
CODE AREA:
ASSESSMENT NO:
$13,153.07 (PAID)
$13,153.07
$1,325.30 (DUE AFTER APRIL 10)
NONE
01126
644-040-61
B 2. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW
ASSESSMENT
(OR BOND) NO:
SERIES:
DISTRICT:
FOR:
BOND ISSUED:
ORIGINAL
AMOUNT:
NOT SHOWN
2001-2
CHULA VISTA
REASSESSMENT OF 88-1. 90-2, AND 92-2
JULY 10, 2001
$NOT SHOWN
SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY PROPERTY TAXES.
c 3. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE ANO
TAXATION CODE OF THE STATE OF CALIFORNIA.
o 4. INTENTIONALLY OMITTED.
E 5. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND
EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NUMBER 1666, WHERE
REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID HIGHWAY, AS
CONTAINED IN THE DEED RECORDED JULY 6, 1962 AS FILE NO. 115256.
F 6. AN ORDINANCE NO. 2059 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AND ADOPTING THE OTAY VALLEY ROAD REDEVELOPMENT PLAN AND
PROJECT AREA RECORDED DECEMBER 28, 1983 AS FILE NO. 83-472539, OFFICIAL
RECORDS.
PRES -10!31/97bk
3-22
Page 2
SCHEDULE B
(continued)
Your Ref: ROAO ONE TOW I NG
Order No: 53040351 U50
G 7. A OOCUMENT ENTITLEO "A REEMENT BETWEEN AOJOINING OWNERS CONCERNING ORAINAGE
EASEMENT", DATED AUGUS 26, 1991, EXECUTED BY SUTHERLAND/PALUMBO, A GENERAL
PARTNERSHIP, MURRAY PR PERTIES, INC., A CALIFORNIA CORPORATION AND GIRARD
FINANCIAL CORPORATION, A CALIFORNIA CORPORATION, SUBJECT TO ALL THE TERMS,
PROVISIONS AND CONDIT I NS THEREIN CONTAINED, RECORDED OCTOBER 21, 1991 AS
FILE NO. 1991-0541692, OFFICIAL RECORDS.
REFERENCE IS MADE TO S ID DOCUMENT FOR FULL PARTICULARS.
H 8. A DOCUMENT ENTITLED "0 NER PARTICIPATION AGREEMENT", DATED MAY 30, 1996,
EXECUTED 8Y AND BETWEE THE CHULA VISTA REDEVELOPMENT AGENCY AND JOHN
SEXTON SAND & GRAVEL C RP., SUBJECT TO ALL THE TERMS, PROVISIONS AND
CONDITIONS THEREIN CON AINED, ,RECORDED JUNE 14, 1996 AS FILE NO.
1996-0298454.
AMENDMENT TO OWNER PAR ICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
AND JOHN SEXTON SAND & GRAVEL CORP. RECORDED OCTOBER 23, 1996 AS DOCUMENT
NO. .96-537681 OFFICIAL RECORDS.
SECOND AMENDMENT TO TH OWNER PARTICIPATION AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY 0 THE CITY OF CHULA VISTA AND JOHN SEXTON SAND &
GRAVEL CORP. DATED MAR H 19, 1996 FOR THE DEVELOPMENT OF A TRASH TRANSFER
FACILITY AT 1855 MAXWE L ROAD WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT
PRDJECT AREA EXTENDING THE EFFECTIVE DATE OF THE AGREEMENT FOR TWO YEARS TO
MARCH 17, 2000, RECORD D JUNE 16, 1998 AS FILE NO. 1998-0366441 OF OFFICIAL
RECORDS.
J 9. A DOCUMENT ENT I TLED "SI EC I AL LAND USE PERM I T FOR THE ESTA8L1 SHMENT OF A
MATERIALS RECOVERY FACILITY/TRASH TRANSFER STATION AT 1855 MAXWELL ROAD,
CHULA VISTA", DATED MAICH 20, 1996, EXECUTED BY THE CITY OF CHULA VISTA
REDEVELOPMENT AGENCY, ~UBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS
THEREIN CONTAINED, RECCRDED JUNE 14, 1996 AS FILE NO. 1996-0298455.
K 10. AN EASEMENT FOR THE PU~POSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS
SHOWN OR AS OFFERED FO~ DEDICATION ON THE RECORDED MAP SHOWN BELOW.
MAP OF:
EASEMENT
PURPOSE:
AFFECTS:
M P 18330
T EE PLANT I NG
A SHOWN ON SAID MAP
L 11. THE REQUIREMENT AND CON ITIONS FOR THE IMPROVEMENTS OF SAID LAND AS SET OUT
ON PARCEL MAP NO. 18330.
. 12. A DOCUMENT ENTITLED "PA CEL MAP AGREEMENT TENTATIVE PARCEL MAP NO. 97-02
REGARDING CONDITIONS NO. A.5, B.4, B.5 & B.6", DATED JULY 27, 1999,
EXECUTED BY THE CITY OF CHULA VISTA AND ARIZONA MARICOPA ASSOCIATES,
L.L.C., SUBJECT TO ALL HE TERMS, PROVISIONS AND CONDITIONS THEREIN
CONTAINED, RECORDED AUG ST 26, 1999, AS DOCUMENT NO. 1999-0590926, OFFICIAL
PRELIMBC.9/23/93b1t
3-23
Page 3
SCHEDULE B
(continued)
Order No: 53040351 U50
Your Ref: ROAD ONE TOW I NG
RECORDS.
N 13. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE
ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME
A LIEN ON SAID LAND.
DISTRICT:
AMENDED ASSESSMENT DIAGRAM AMENDING ASSESSMENT
DISTRICT 90-2
ASSESSMENT DISTRICT DIAGRAM (AMENDED)
JANUARY 12, 2001, AS DOCUMENT NO. 2001-0021378,
OFFICIAL RECORDS
DISCLOSED BY:
RECORDED:
o 14. A PENDING ASSESSMENT FOR THE DISTRICT SHOWN BELOW. WHEN NOTICE OF THE
ASSESSMENT IS RECORDED WITH THE COUNTY RECORDER THE ASSESSMENT SHALL BECOME
A LIEN ON SAID LAND.
p 15.
Q 16.
.
s
T AS
DISTRICT:
DISCLOSED BY:
RECORDED:
REASSESSMENT DIAGRAM REASSESSMENT DISTRICT NO. 2001-2
ASSESSMENT DISTRICT DIAGRAM
AUGUST 22, 2001, AS DOCUMENT NO. 2001-0599257,
OFFICIAL RECORDS
A NOTICE OF REASSESSMENT RECORDED AUGUST 22, 2001, AS DOCUMENT NO.
2001-0599258, OFFICIAL RECORDS.
RIGHTS OF PARTIES IN POSSESSION OF SAID LAND.
MATTERS AFFECTING THE RIGHTS OF SAID PARTIES ARE NOT SHOWN HEREIN.
MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR
BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF.
END OF SCHEDULE B
NOTE NO.1: YOUR OPEN ORDER REQUEST INDICATES THAT A LIMITED LIABILITY
COMPANY WILL 8E ACQUIRING, ENCUMBERING OR CONVEYING REAL PROPERTY IN YOUR
TRANSACT I ON. UNDER THE PROV I S IONS OF "THE CALI FORN I A L I M I TED LI AB I L I TY
ACT, EFFECTIVE SEPTEMBER 30, 1994" THE FOLLOWING WILL BE REQUIRED:
1. A COpy OF THE ARTICLES OF ORGANIZATION (AND ALL AMENDMENTS, IF ANY)
THAT HAS 8EEN FILED WITH THE SECRETARY OF STATE.
2. THE REQUIREMENT THAT THIS COMPANY BE PROVIDED WITH A COPY OF THE
OPERATING AGREEMENT. THE COPY PROVIDED MUST BE CERTIFIED BY THE
APPROPRIATE MANAGER OR MEMBER THAT IT IS A COPY OF THE CURRENT OPERATING
AGREEMENT.
3. IF THE LIMITED LIABILITY COMPANY IS MEMBER-MANAGED THEN THIS COMPANY
MUST BE PROVIDED WITH A CURRENT LIST OF THE MEM8ER NAMES.
PREUMBC.9!,3/93bk
3-24
Page 4
SCHEDULE B
(continued)
Your Ref: ROAO ONE TOW I NG
Order No: 53040351 U50
1AMEND/JRS
.
PREUMBC.9/23/93bk
3-25
Notice
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential
property in California between May 19, 1995 and November 1, 2002. If you bad more Iban one qualifying
transaction, you may be entitled to multiple discounts.
If your previous transaction involved Ibe same property Ibat is Ibe subject of your current transaction, you do not
have to do anything; Ibe Company will provide Ibe discount, provided you are paying for escrow or title services in
this transaction.
If your previous transaction involved property different from the property that is subject of your current
transaction, you must inform Ibe Company of Ibe earlier transaction, provide Ibe address of Ibe property involved
in Ibe previous transaction, and Ibe date or approxinIate date Ibat Ibe escrow closed to be eligible for Ibe discount.
Unless you inform Ibe Company of Ibe prior transaction on property Ibat is not Ibe subject of this transaction, Ibe
Company has no obligation to conduet an investigation to determine if you qualify for a discount. If you provide
Ibe Company information concerning a prior transaction, Ibe Company is required to determine if you qualify for
a discount
AGN-"/Z2I04AA
3-26
CHICAGO TITLE JNSURANCE COMPANY
Fidelity National Financial Group of Companies' Privacv Statement
July 1, 2001
We recognize and respect the privacy expectation of today's consumers and the requirements of applicable federal and
state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal
InformationD), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we
serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time
to time consistent with applicable privacy laws.
In the course of our business, we may collect Personal Information about you from the following sources:
. From applications or other forms we receive from you or your authorized representative;
. From your transactions with, or from the services being performed by, us, our affiliates, or others;
II< From our internet web sites;
'" From the public records maintained by governmental entities that we either obtain directly from
those entities, or from our affiliates or others; and
'" From consumer or other reporting agencies.
Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized
access or intrusion. We limit access to the Personal Information only to those employees who need such access in
connection with providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers. We may also disclose your Personal Information:
* to agents, brokers or representatives to provide you with services you have requested;
* to third-party contractors or service providers who provide services or perform marketing or other
functions on our behalf; and
. to others with whom we enter into joint marketing agreements for products or services that we
believe you may find of interest
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by
law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when
otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights
arising out of any agreement, transaction or relationship with you.
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3-27
RESOLUTION NO. 2006-_
RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA
APPROVING STREET IMPROVEMENT DEFERRAL AND LIEN
AGREEMENT WITH MARICOPA ASSOCIATES, LLC. FOR THE
PROPERTY AT 1805 MAXWELL ROAD (APN 644-040-61-00)
ACCORDING TO COUNCIL POLICY NO 505-03.
WHEREAS, Arizona Maricopa Associates, LLC, is proposing to construct a temporary
vehicle storage yard at 1805 Maxwell Road triggering the requirement to construct certain street
improvements along the east side of Maxwell Road pursuant to the improvement certificate on the
project's Parcel Map (Parcel Map No. 18330); and
WHEREAS, Arizona Maricopa Associates, LLC, has requested the street improvements be
deferred until the site is permanently developed and the required improvements could be designed
to match the ultimate development of the site; and
WHEREAS, the City Engineer feels that these grounds are reasonable and that the deferral
should be granted; and
WHEREAS, Arizona Maricopa Associates, LLC, has requested that a lien be imposed on
the property rather than posting a bond to secure the required improvements and has signed the
Deferral of the Installation of Certain Public Improvements in the City of ChuIa Vista and Lien
Securing the Future Installation of Said Improvements on the Property Owned by Arizona Maricopa
Associates Agreement to be recorded against the property;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
approves the Agreement for the Deferral of the Installation of Certain Public Improvements in the
City of Chula Vista and Lien Securing the Future Installation of Said Improvements on the Property
Owned by Arizona Maricopa Associates, a copy of which will 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 authorized and
directed to execute this agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
~h-~ t1- /~$'.#"'t:r
Ann Moore
City Attorney
3-28
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
",
~-J 11 ~~<2~
Ann Moore
City Attorney
Dated:
31,,)..~/o ("
i I
Agreement for the Deferral of the Installation of Certain Public
Improvements in the City of Chula Vista and Securing the Future
Installation of said Improvements on the Property Owned by Arizona
Maricopa Associates, LLC at 1805 Maxwell Road in the City of Chula Vista
3-29
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
[ X] This instrument benefits
Property Owner. Recording
Fee Re uired.
This s ace or Recorder's use on/v
Assessors Parcel No: 644-040-61-00
0740-20-PD-273
AGREEMENT FOR THE-DEFERRAL OF THE INSTALLATION OF
CERTAIN PUBLIC IMPROVEMENTS IN THE CITY OF CHULA VISTA
AND LIEN SECURING THE FUTURE INSTALLATION OF SAID
IMPROVEMENTS ON THE PROPERTY OWNED BY
ARIZONA MARICOPA ASSOCIATES, LLC
AT 1805 MAXWELL ROAD IN THE CITY OF CHULA VISTA
THIS AGREEMENT, .made and entered into this day of
2006, by and between the CITY OF CHULA VISTA, a municipal corporation (hereinafter "City"), and
Arizona Maricopa Associates, LLC (hereinafter "Property Owner");
WIIN.E~~.EIH
WHEREAS, the property which is the subject matter of this agreement is commonly known as
1805 MAXWELL ROAD, CHULA VISTA, CALIFORNIA, is identified in the County Assessor records
as Parcel No. 644-040-61-00 in the City ofChula Vista, County of San Diego, State of Cali fomi a and is
further described as:
PARCEL 2 AS SHOWN ON PARCEL MAP NO. i8330, iN THE CiTY OF CHULA ViSTA, COUNTY OF
SAN DIEGO, STATE OF CALiFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER,
A UGUST26, i999.
(hereinafter "Property"); and,
WHEREAS, Property is owned by the Property Owner; and,
WHEREAS, Property Owner is desirous of making improvements (street widening and
improvements) upon Property, hereinafter referred to as "Building", and,
WHEREAS, Section 12.24.040 of the Chula Vista Municipal Code provides, generally, for the
installation of certain public improvements upon any dedicated alley, street or streets adjacent to a lot or
parcel upon which a structure or building is to be installed, erected, or moved upon; and,
WHEREAS, Property Owner is obligated ("Improvement Duty"), by the above described
authority to install certain public street improvements ("Improvements"), on the street right of way
abutting the Property to the specifications set 9,y, and designed, surveyed, staked and installed to the
satisfaction of the City Engineer, described as folloJP
.
875LF of concrete curb, gutter and sidewalk, 350SF concrete driveway, street light and
asphalt concrete paving and base for street widening.
WHEREAS, Property Owner have applied to the City Engineer of the City for a deferral of the
Improvement Duty; and,
WHEREAS, Section 12.24.070 provides that if the City Engineer, in his discretion, feels that
said installation of Improvements would cause a defective condition to the property or it would be
extremely impractical to install or construct the same, then the City Engineer, based upon findings which
include; 910 feet of frontage, located 1050 feet north of the intersection of Maxwell Road and Main
Street, no existing improvements adjacent to the property on either side, any installation of new
improvements such as the one imposed could not be assured of meeting future design requirements with
respect to grade and horizontal alignment until an overall plan is available, and several deferrals have
been approved for similar conditions throughout the immediate area, and that grounds for said deferral of
the requirements of Section 12.24.040, may grant said deferral, which may be limited to a specified
period oftime; and, ,
WHEREAS, the City Engineer does hereby find that the grounds for said request for a deferral of
the Improvement Duty exist on the conditions set forth in this Agreement, and the granting of said
deferral is in conformance with the requirements of Section 12.24.070;
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as
follows:
A. Grant of Deferral: City Engineer hereby grants a deferral of the Improvement Duty until 30 days
after such time in the future that the City Engineer may submit a written demand upon the
Property Owner or successors in interest to perform the Improvement Duty, but in no event for a
period of time later than three (3) years from the date of execution of this agreement.
B. AIZI"eement to Perform ImDrovement Dutv: Property Owner, or successors in interest, in lieu of
installing the Improvements specified herein prior to final inspection or the giving of a
Certificate of Occupancy by the City, agrees, covenants and promises that Property Owner will
perform the Improvement Duty within thirty (30) days of written notice from the City Engineer
to install said improvements, or within three (3) years from the date of execution of this
agreement, whichever occurs first, unless an extension is granted by the City Engineer.
C. AlUeement Runs with the Land: The burden of this covenant is for the benefit of the land owned
by the City adjacent to the Property. The burden of this covenant touches and concerns the
Property. It is the intent of the parties, and the parties agree, that this covenant shall be binding
upon both the current Property Owner, and upon the successors, heir, transferees and assigns of
the Property Owner, and run with, the ownership of the land which it burdens.
D. Grant of Lien: For the purpose of securing the faithful performance of the promises and
covenants herein contained, Property Owner hereby grants to the City of Chula Vista a lien
("Lien") upon the Property in an amount equal to One Hundred Thirty Five-Thousand Eight-
Hundred Twenty-Two and 00/100 Dollars (5135,822.00) based upon the current Construction
Page 2
3-31
Cost Index Value of 7688.90 (Week of February 6, 2006) as published weekly by the
McGraw-Hili weekly periodical, Engineering News Record ("Index") and which amount shall be
increased or decreased monthly in direct proportion to the increase or decrease in the Index
between the month in which the City forecloses upon said lien, and the month in which this
agreement was entered ("Lien Amount").
I. At any time during the period herein provided, Property Owner, may make a cash deposit
and enter into a Lien Removal and Deferral Agreement with the City in the then current
Lien Amount to cover the total cost of the improvements in order to remove the Lien
from the Property. The Lien Removal and Deferral Agreement shall not constitute a
rescission of other covenants and property interests herein granted, and shall not
constitute a basis for not recording this Agreement.
2. In the event that said Index is no longer published, the City shall have the right, upon
notice to Property Owner, to calculate the Lien Amount on the basis of any index which
it reasonably determines reflects the cost of living increases or decreases in the San
Diego County area between the date of this agreement and the date of foreclosure on the
lien.
3. The Lien Amount shall operate as a maximum amount of the principal of this Lien,
exclusive of Attorney's Fees and Costs, and interest from the date of filing of the
foreclosure action ,on the Lien, which interest Property Owner agrees to pay at the rate of
ten (I 0%) percent per annum, compounded annually.
E. Grant of Conditional Easement: Property Owner hereby grants to City a conditional easement
over the Property to permit entry upon, design, survey, staking and construction upon, and
maintenance of, the Improvements which easement shall be conditional upon the refusal or
failure of the Property Owner, including Property Owner's successors, to perform the
Improvement Duty as herein required.
F. Remedies: Nothing in this agreement shall constitute a limitation on the remedies provided at
law or equity. It is understood, agreed and acknowledged by Property Owner that, upon failure
of the Property Owner to perform the Improvement Duty at the time and in the manner specified
by this Agreement, the City may, but is not required to, do any of the following:
I. Install or construct said improvements by contract or otherwise, and permission is hereby
granted to the City or its contractors and contractor's employees to enter upon any
portion or portions of said property reasonably necessary for said construction, and the
entire cost and expense of said improvements shall be charged against said property and
said cost and expense shall be payable by Property Owner, his/her successors, heirs,
assigns or transferees, immediately upon completion of said improvements, and in the
event the same is not paid within thirty (30) days, the City may foreclose on said lien, as
provided by law for the foreclosure of mortgages, and Property Owner agrees that the
amount of said lien includes attorneys' fees which shall be taxed as a cost in any suit or
foreclosure.
2. Direct the City Engineer to estimate the cost of the work required to complete said
improvements, and foreclose said lien in said amount.
Page 3
3-32
a. Foreclose said lien as a mortgage.
b. Pursue any other remedy, legal or equitable by law, for the foreclosure of a lien,
and Property Owner, hislher successors, heirs and assigns, shall pay reasonable
attorneys' fees and costs to be taxed as a cost in said proceedings.
.
H.
Covenant to Cooperate in Improvement Petition: It is further understood and agreed that -
Property Owner and/or hislher heirs, assignees or successors in interest shall not protest any
proceeding authorized under that chapter of Streets and Highways Code, commencing at ~ 5000,
et al. (" 1911 Act Proceeding"), or that chapter of said Code, commencing at ~ 7000, et al. (" 1913
Act Proceeding") to provide improvements that include any of the works of improvements for
which Property Owner is obligated as an Improvement Duty under this Agreement.
I. Miscellaneous Provisions:
1. Authority of City: Property Owner further agrees that, and agrees not to protest the fact,
that the City is vested with the authority to require the Property Owner to perform the
Impr\,vement Duty forthwith.
2. Notices: Unless otherwise provided in this Agreement or by law, any and all notices
required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered, and received when
personally delivered to the party to whom it is directed, or in lieu thereof, when three (3)
business days have elapsed following deposit in the U.S. mail, certified or registered
mail, return receipt requested, first-class postage prepaid, addressed to the address
indicated in this Agreement. A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other party.
City:
City of Chula Vista
276 4th Ave
Chula Vista, CA 91910
Attn: Engineering Department
Property Owner:
Arizona Maricopa Associates, LLC
807 East Mission Road
San Marcos, CA 92069
(A party may change such address for the purpose of this paragraph by giving
written notice of such change to the other party in the manner provided in this
paragraph.)
3. Captions: Captions in this Agreement are inserted for convenience of reference and do
not define, describe or limit the scope or intent of this Agreement or any of its terms.
.
Page 4
3-33
4. Entire AlUeement: This Agreement contains the entire agreement between the parties
regarding the subject matter hereof. Any prior oral or written representations,
agreements, understandings, and/or statements shall be of no force and effect.
5. Preoaration of AlUeement: No inference, assumption or presumption shall be drawn
from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall
be conclusively presumed that both parties participated equally in the preparation and/or
drafting this Agreement.
6. Recitals: Exhibits: Any recitals set forth above and exhibits attached hereto are
incorporated by reference into this Agreement.
End of Page. Next Page is Signature Page
Page 5
3-34
SIGNATURE PAGE FOR
DEFERRAL AND LIEN AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day
and year first hereinabove set forth.
CITY OF CHULA VISTA
BY:
MATI LITILE, ACTING CITY ENGINEER
DATED:
(City Clerk to attach acknowledgment.)
OWNER
L.L.C.
By:
DATED: 3/9/06
ger
.
DATED:
(Property Owner(s) to attach notary acknowledgment.)
NOTES: a. Each owner as reflected on the preliminary title report must sign.
Approved as to form:
ANN MOORE
CITY ATIORNEY
ei
J:\Engineer\PERMITS\PD - DefcrraIsIPD273licnagrcement.doc
Page 6
3-35
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document
litle or Type of Document: IRk~
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Flecrdar: Call Toll-Free 1-800-876-6B27
3-36
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COUNCIL AGENDA STATEMENT
Item: 4-
Meeting Date: 03/28/06
ITEM TITLE: Resolution Accepting a grant from the County of San Diego
Aging and Independence Services for the expansion of the School
Nutrition Advocacy Program (SNAP) at three Chula Vista elementary
schools using older adult volunteers, amending the FY06 Recreation
Department budget by appropriating $20,000 based on unanticipated
revenue, and authorizing the Mayor to execute said agreement
SUBMITTED BY: Director ofRecreatio~
REVIEWED BY: City Manager 11 +h V K (4/5ths Vote: Yes...x.. No ~
The intent of this grant is to continue the development of the Recreation Department's Life
Options program by offering expanded opportunities for adults in retirement to give back to their
community. The County of San Diego Aging and Independence Services is providing $20,000
to expand the School Nutrition Advocacy Program (SNAP) to three elementary schools in Chula
Vista using retired adults as volunteers, per the attached agreement (Attachment "A").
RECOMMENDATION: That Council adopt the resolution accepting a grant from the County
of San Diego Aging and Independence Services for the expansion of the School Nutrition
Advocacy Program (SNAP) at three Chula Vista elementary schools using older adult
volunteers, amending the FY06 Recreation Department budget by appropriating $3,660 in
Personnel Services and $16,340 in Supplies and Services based on unanticipated revenue, and
authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/ A.
DISCUSSION:
SNAP was started in the spring of 2005 by Mary Jo Buettner, Chula Vista Community
Collaborative, and Karen Harvell, City of Chula Vista Recreation Department's Senior Section,
as one of the many Life Options initiatives. Life Options, supervised by the Recreation
Department Senior Section, developed this program as collaboration between the Recreation
Department, Vista Square Elementary School and the Chula Vista Community Collaborative to
offer persons in retirement an opportunity to give back to their community. The Life Options
program began in FY2002 and has received $30,000 in grant funding from the County of San
Diego Aging and Independence Services and $30,000 from First Five to encourage civic
engagement for adults in retirement. SNAP demonstrates the Life Options Initiative of
connecting retired persons to the community to improve the community and enhance their own
lives. In this case, retired persons, through SNAP, are improving the nutrition of elementary
students and developing relationships with children in the community.
4-1
Page 2, Item: .4-
Meeting Date: 03128J06
.
Adults volunteer at an elementary school salad bar each school day. They greet the students as
they pass the salad bar with their lunch trays, and encourage them to try at least one fruit or
vegetable. The program has been in place at Vista Square Elementary School since April 2005.
The seniors have been a hit with the administration, teachers, and cafeteria staff. The students
respond very positively to the seniors, often sharing comments and compliments as they add
fruits or vegetables to their plates. The cafeteria staff orders more food for the salad bar to
accommodate the increased use when the seniors are there to encourage the students. The
seniors who have volunteered since April are very positive about the program. Attached as
Attachment "B" is a copy of a February 15, 2006 article from the San Diego Union-Tribune
about this program.
The proposed grant funding will expand this program at Vista Square from Monday through
Wednesday to Monday through Friday, and start a five-day-per-week program at Harborside and
Otay Elementary Schools. Funding will support this Life Options initiative with $3,660 for staff
supervision of volunteers and $16,340 for program expansion, gift certificates and lunches for
the adult volunteer, volunteer recruitment, advertising and program management. The City will
contract with the Community Collaborative for $11,000 to expand and manage the program,
from the $16,340 allocated for supplies and services. Funding for this program will end in June
2006.
FISCAL IMPACT: The FY06 budget for the Recreation Department is proposed to be amended
by $20,000 for the SNAP program expansion, fully offset by reimbursement from the County of
San Diego Aging and Independence Services, with no net impact to the General Fund. These are
one-time costs for this fiscal year only. The County will reimburse the City for expenses
following the submittal of invoices for services rendered.
Attachment "A" - Agreement between the County of San Diego Aging and Independence Services and
the City of Chula Vista
Attachment "B" - San Diego Union Tribune article about the SNAP Program from its February 15, 2006
edition
492
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Mary Jo Buettner (above, left) helped Valentina Alonzo, 7, at the cafeteria salad bar at Vista Square Elementary School in Chula Vista last week.
Buettner created the School Nutrition Advocacy Program last year to promote healthy eating and connect children with seniors. Caleb Rueda (below) .
got some lunchtime assistance from his mother, Angela, who peeled an orange for him. John Castaldo I Union.Tri~nepfwtos
HEALTHY DOSE
OF SUPPORT
Volunteers assist
nutrition program
By Carly Bartkiewicz
With salad tongs in hand.
lunchtime volunteers
at Vista Square Ele-
mentary School are prodding
students to eat healthy.
Senior helpers nicknamed
the "carrot chasers" stand by
the school's salad bar Monday
throtjgh Wednesday, offering
up the fresh goodies on display
- salad greens, applesauce, cu-
cumbers. oranges and crowd.
pleasing calTots. There are four
volunteers participating in the
School Nutrition Advocacy Pro-
gram, o'r SNAP, which pro-
motes the benefits of healthy
eating while connecting the
generations,
"Most scho01s are trying to
do everything they can to get
kids eating healthy," said Mary
Jo Buettner, director of the
Chula 'Vista Community Collab-
orative. who started the SNAP
program in April.
Buettner said she was moti~
vated by the Healthy Eating,
Active Communities initiative, a
multimillion-dollar project to
battle childhood obesity in Cali-
fornia. Her nutrition program
began with a $500 grant from
Life Options, a local groLlp for
retirees.
The SNAP program an-
nounced plans two weeks ago
to expand to two additional
Chula Vista schools after re-
ceiving $20,000 from San Diego
County's Aging and Indepen-
dence Services. The program
will start at Otay Elemental")'
SEE Healtl1"1l 84
4-3
The San Dieqa Union-Tribune. Wednesday, February 15, 2006
~ HEALTHY
CONTINUED fROM PAGE a,
Cafeteria head
says produce
consumption up
and Harborside Elementary
in early March. Part of the
funds will be used to create a
pamphlet on how to start a
program at other county
schools and on the benefits of
healthy eating.
The four senior volunteers
have been a staple at Vista
Square since the program be-
gan. Organizers are looking
for more volunteers so SNAP
can run Monday through Fri.
day at all of the participating
schools. Volunteers can be
adults of any age able to vol-
Wlteer from 11:15 a.m. to 1
p.m. at least once a week.
The current carrot chasers
found out about the program
through the Norman Park
Center in Chula Vista, which
offers activities and volWlteer
opportunities for seniors and
others interested in comrnuni~
ty involvement.
"1 was looking for some-
where else to volunteer, and
kids are the most fun to be
around," said Maggie Arve-
son, 90, who spends her Mon~
day lunch hours at Vista
Square. "I feel well enough
and I love to do it" .
Many of the students at Vis-
ta Square are part of the free
or reduced-cost IWlch pro-
gram that includes an entree
wch~p~ora&md~ch~
drink and access to the sal~d
bar, which features fresh
fruits and vegetables. The
school has about 750 students
in kindergarten through sixth
grade.
Cafeteria manager Sue Ro-
driguez said she has seen an
increase in the consumption
of fresh produce. Five-pound
bags of lettuce - previously
half.full when she had to
The current carrot
chasers found out
about the program
through the
Norman Park
Center in Chula
Vista, which offers
activities and
volunteer
opportunities for
seniors.
throw them out - are now
completely eaten.
"Kids just ignored the salad
bar when they had free
choice," Rodriguez said_
Rodriguez, Buettner and
teachers also have checked
the trash for the healthy
foods. But it appears the stu~
dents are not just taking
more, they are eating more
Buettner said. '
During a recent lWlch, chil-
dren tapped Arveson and fel~
low volWlteer Sharon Adams
looking for more carrots 0;
another scoop of applesauce.
Others avoided the volun~
teers or darted from the salad
bar. But the volunteers and
associate principal ushered
them back for another look at
the veggies before they sat
down at a IWlch table.
"1.t's all about changing the
enVironment," said Darci
Langfeldt, associate principal
at Vista Square. "Being aware
of what is available is helping
the kids make better
choices."
Carly Bartkiewicz is a
Union-Tribune news assistant.
Carly Bartkiewicz: (619)
498.6626;
carly.bartkiewicz@uniontrib.com
4-4
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT FROM THE COUNTY
OF SAN DIEGO AGING AND INDEPENDENCE SERVICES
FOR THE EXPANSION OF THE SCHOOL NUTRITION
ADVOCACY PROGRAM (SNAP) AT THREE CHULA VISTA
ELEMENTARY SCHOOLS USING OLDER ADULT
VOLUNTEERS, AMENDING THE FY06 RECREATION
DEPARTMENT BUDGET BY APPROPRIATING $20,000
BASED ON UNANTICIPATED REVENUE, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the intent of this grant is to continue the development of the Recreation
Department's Life Options program by offering expanded opportunities for adults in retirement
to give back to their community; and
WHEREAS, the County of San Diego Aging and Independence Services is providing
$20,000 to expand the School Nutrition Advocacy Program (SNAP) to three elementary schools
in Chula Vista using retired adults as volunteers; and
WHEREAS, the proposed grant funding will expand this program at Vista Square from
Monday through Wednesday to Monday through Friday, and start a five-day-per-week program
at Harborside and Otay Elementary Schools; and
WHEREAS, funding will support this Life Options initiative with $3,660 for staff
supervision of volunteers and $16,340 for program expansion, gift certificates and lunches for
the adult volunteer, volunteer recruitment, advertising and program management; and
WHEREAS, the City will contract with the Community Collaborative for $11,000 to
expand and manage the program, from the $16,340 allocated for supplies and services; and
WHEREAS, funding for this program will end in June 2006; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept a grant from the County of San Diego Aging and Independence
Services for the expansion of the School Nutrition Advocacy Program (SNAP) at three Chula
Vista elementary schools using older adult volunteers, amending the FY06 Recreation
Department budget by appropriating $20,000 based on unanticipated revenue, and authorizing
the Mayor to execute said agreement.
Presented by
Approved as to form by
~\'~'(%~\\"\~~C:,}}.
Ann Moore '
City Attorney
Buck Martin
Director of Recreation
4-5
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
y-'L~ !i. ,~
Ann Moore
City Attorney
Dated: .J f do- "'-!'" &
County Agreement Number 22004 Agreement with the City of Chula Vista
Parks and Recs to expand the School Nutrition Advocacy Program (SNAP)
4-6
COUNTY AGREEMENT NUMBER 22004 Attachment A
AGREEMENT WITH "CITY OF CHULA VISTA PARKS AND RECS" TO EXPAND THE SCHOOL NUTRITION
ADVOCACY PROGRAM (SNAP)
This Agreement ("Agreement") is made and entered into on the date shown on the signature page ("'Effective Date") by and
between the County of San Diego, a political subdivision of the State of California ("County") and Contractor "City of Chula
Vista Parks and Recreation Department" located at 270 F Street, Chula Vista, CA 91910 ("Contractor"), with reference to the
following facts:
RECITALS
A. The County, by action by Sole Source Letter #2762 authorized the Purchasing and Contracting Director, pursuant to
Article XXIII, Section 40 I of the Administrative Code, to award a Agreement to expand the School Nutrition Advocacy
Program (SNAP).
B. Contractor is specially trained and possesses certain skills, experience, education and competency to perform these
services.
C. The Chief Administrative Officer made a determination that Contractor can perform the services more economically and
efficiently than the County, pursuant to Section 703.10 of the County Charter.
D. The Agreement shall consist of this pro forma Agreement, Exhibit A Statement of Work, Exhibit B Insurance
Requirements and Exhibit C, Payment Schedule.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
ARTICLE 1
PERFORMANCE OF WORK
1.1 Standard of Performance. Contractor shall, in good and workmanlike manner and in accordance with the highest
professional standards, at its own cost and expense. furnish all of the labor, technical, administrative, professional and all
other personnel, all supplies and materials, equipment, printing, transportation, facilities, and all other means whatsoever.
except as herein otherwise expressly specified to be furnished by County, necessary or proper to perform and complete
the work and provide the services required of Contractor by this Agreement.
1.2 Contractor's Renresentative. Contractor's duties under this Agreement shall be performed on behalf of the Contractor by
the person identified on the signature page. ("Contractor's Representative"); Contractor represents and warrants that (I)
Contractor's Representative has fulfilled all applicable requirements of the laws of the State of California to perform the
services under this Agreement and (2) Contractor's Representative has full authority to act for Contractor hereunder.
Contractor and County recognize that the services to be provided by Contractor's Representative pursuant to this
Agreement are unique: accordingly, Contractor's Representative shall not be changed during the Tenn of the Agreement
without County's written consent. County reserves the right to tenninate this Agreement pursuant to Clause 7.1
"Termination for Default", if Contractor's Representative should leave Contractor's employ, or if, in County'sjudgment,
the work hereunder is not being performed by Contractor's Representative.
1.3 Contractor as Indenendent Contractor. Contractor is, for all purposes of this Agreement, an independent Contractor, and
neither Contractor nor Contractor's employees or subcontractors shall be deemed to be employees of the County.
Contractor sball perfonn its obligations under this Agreement according to the Contractor's own means and methods of
work which shall be in the exclusive charge and under the control of the Contractor, and which shall not be subject to
control or supervision by County except as to the results of the work. Neither Contractor nor Contractor's employees or
subcontractors shall be entitled to any benefits to which County employees are entitled, including without limitation,
overtime, retirement benefits, workers' compensation benefits and injury leave.
104 Contractor's Agents and Emnlovees or Subcontractors. Contractor shall obtain, at Contractor's expense, all agents,
employees and subcontractors required for Contractor to perform its duties under this Agreement, and all such services
shall be performed by Contractor's Representative, or under Contractor's Representatives' supervision, by persons
authorized by law to perform such services. Retention by Contractor of any agent, employee or subcontractor shall be at
Contractor's sole cost and expense, and County shall have no obligation to pay Contractor's agents, employees or
subcontractors; to support any such person's or entity's claim against the Contractor; or to defend Contractor against any
such claim.
H&H Gov Service Agreement
Agreen4rtr.Jage I of I J
Rev 9/14/05
COUNTY AGREEMENT NUMBER 22004
AGREEMENT WITH "CITY OF CHULA VISTA PARKS AND RECS" TO EXPAND THE SCHOOL NUTRITION
ADVOCACY PROGRAM (SNAP)
ARTICLE 2
SCOPE OF WORK
2.1 Statement of Work. Contractor shall perform the work described in the "Statement of Work" attached as Exhibit "A" to
this Agreement, and by this reference incorporated herein, except for any work therein designated to be performed by
County.
2.2 Right To Acouire EouiDment and Services. Nothing in this Agreement shall prohibit the County from acquiring the same
type or equivalent equipment and/or service from other sources, when deemed by the County to be in its best interest.
ARTICLE 3
RESERVED
ARTICLE 4
COMPENSATION
4.1 The Payment Schedule is in Exhibit C and the compensation is on the signature page. The County is precluded from
making payments prior to receipt of services (advance payments). Invoices are subject to \he following requirements:
4.2 Fiscal. County will pay Contractor the agreed upon price, pursuant to the Payment Schedule in Exhibit C for the work
specified in Exhibit A, Statement of Work.
4.2.1 Accounting Svstem And Fiscal Monitoring. Contractor shall provide and maintain an accounting and fmancial
support system to monitor and control costs to assure Agreement completion.
4.3 Invoices and Pavrnent.
4.3.1 Invoices. Payment for the services performed under this Agreement shall be in accordance with Exhibit C, uuless
other payment methodologies are negotiated and agreed to by both Contractor and County. Contractor shall
submit approved invoices monthly to the COTR for work performed in the monthly period, accordingly.
Contractor's monthly invoices shall include a statement certifying whether it is in compliance with Paragraph
8.12 of this Agreement.
4.3.2 Pavrnents. County agrees to pay Contractor in arrears ouly after receipt and approval by COTR of properly
submitted, detailed and itemized original invoice referencing the Agreement number 22004, pursuant to Exhibit
C], documenting the total invoiced amount by Contractor. A copy (or copies) of the invoice shall be submitted to
the County Auditor and Controller, Room 166, 1600 Pacific Highway, San Diego, Ca 92101. Each invoice so
approved and paid shall constitute full and complete compensation to Contractor for the work product submitted
and for all work completed during the billing period pursuant to Exhibit A and Exhibit C. Payment shall be NET
30 days from receipt and approval of invoice uuless otherwise stated.
4.3.3 Full ComDensation. Pending any adjustments by the COTR, each invoice approved and paid shall constitute full
and complete compensation to the Contractor for all work completed during the billing period pursuant to Exhibit
A and Exhibit C. Contractor shall be entitled only to compensation, benefits, reimbursements or ancillary
services specified in this Agreement.
4.3.4 Conditions Prere~uisite To Pavrnents. County may elect not to make a particular payment if any of the following
exists:
4.3.4.1 Misreoresentation. Contractor, with or without knowledge, made any misrepresentation of substantial
and material nature with respect to any information furnished to County.
4.3.4.2 Unauthorized Actions bv Contractor. Contractor took any action pertaining to this Agreement, which
required County approval, without having flIst received said County approval.
4.3.4.3 Default. Contractor was in default under any terms and conditions of this Agreement.
4.3.5 County Aporoval. As identified above, all subcontracts under this Agreement shall have prior written approval of
the Contracting Officer Technical Representative. County may withhold payment until reports, data, audits or
other information required for Agreement administration or to meet County or State reporting or auditing
requirements are received and approved by COTR or designee. The County may also withhold payment if, in the
County's opinion, Contractor is in non-compliance with this Agreement.
4.3.6 Availability of Funding. The County's obligation for payment of any Agreement beyond the current fiscal year is
contingent upon the availability of funding from which payment can be made. No legal liability on the part of the
H&H Gov Service Agreement
Agreern4"'-8age 2 of \J
Rev 9/14/05
COUNTY AGREEMENT NUMBER 22004
AGREEMENT WITH "CITY OF CHULA VISTA PARKS AND RECS" TO EXPAND THE SCHOOL NUTRITION
ADVOCACY PROGRAM (SNAP)
County shall arise for payment beyond June 30 of the calendar year unless funds are designated by the County
and are made available for such performance.
County shall have the right to terminate this Agreement or reduce compensation and service levels
proportionately upon thirty (30) days' written notice to Contractor in the event that Federal, State or County
funding for this Agreement ceases or is reduced prior to the ordinary expiration of the term of this Agreement. In
the event of reduction of funding for the Agreement, County and Contractor shall meet within ten (10) days of
written notice to renegotiate this Agreement based upon the modified level of funding. In this case if no
agreement is reached between County and Contractor within 10 days of the flIst meeting, either party shall have
the right to terminate this Agreement within ten (10) days written notice oftermination.
In the event of termination of this Agreement in accordance with the terms of this Section, Contractor shall be
entitled to retain all sums paid as of the effective date of such termination, subject to any payment offset to which
County may be entitled, for damages or otherwise, under the terms of this Agreement. In the event of termination
of this Agreement pursuant to this Section, in no event shall Contractor be entitled to any loss of profits on the
portion of this Agreement so tenninated, or to other compensation, benefits, reimbursements or ancillary services
other than as herein expressly provided.
4.3.7 Disallowance. In the event the Contractor receives payment for services under this Agreement which is later
disallowed by the County, Contractor shall promptly refund the disallowed amount to County on request, or at its
option, County may offset the amount disallowed from any payment due or to become due to Contractor under
any Agreement with the County.
4.3.8 Maximum Price. During the performance period of this Agreement, the maximum price for the items and/or
services shall not exceed the lowest price at which Contractor then offers the items and/or services to its most
favored customer.
ARTICLE 5
AGREEMENT ADMINISTRATION
5.1 County's Agreement Administrator. The Director of Purchasing and Contracting is designated as the Contracting officer
("Contracting Officer") and is the only County official authorized to make any Changes to this Agreement. The County
has designated the individual identified on the signature page as the Contracting OJ;ficer's Technical Representative
("COTR").
5.1.1 County's COTR will chair Contractor progress meetings and will coordinate County's Agreement administrative
functions. The COTR is designated to receive and approve Contractor invoices for payment, audit and inspect
records, inspect Contractor services, and provide other technical guidance as required. The COTR is not
authorized to change any terms and conditions of this Agreement. Only the Contracting Officer, by issuing a
properly executed amendment to this Agreement, may make changes to the scope of work or total price.
5.1.2 Notwithstanding any provision of this Agreement to the contrary, County's COTR may make Administrative
Adjustments ("AA") to the Agreement, such as line item budget changes or adjustments to the service
requirements, which do not change the purpose or intent of the Statement of Work, the Terms and Conditions, the
Agreement period or the total Agreement price. Each AA shall be in writing and signed by COTR and
Contractor. All inquiries about such AA will be referred directly to the COTR.
5.2 Agreement Progress Meetin2. The COTR and other County personnel, as appropriate, will meet periodically with the
Contractor to review the Agreement performance. At these meetings the COTR will apprise the Contractor of how the
County views the Contractor's performance and the Contractor will apprise the County of problems, if any, being
experienced. The Contractor shall also notifY the Contracting Officer (in writing) of any work being performed, if any, that
the Contractor considers being over and above the requirements of the Agreement. Appropriate action shall be taken to
resolve outstanding issues. The minutes of these meetings will be reduced to writing and signed by the COTR and the
Contractor. Should the Contractor not concur with the minutes. the Contractor shall set out in writing any area of
disagreement. Appropriate action will be taken to resolve any areas of disagreement.
H&H Gov Service Agreement
Ag.-e~-!age ] of 13
Rev 9/14/05
COUNTY AGREEMENT NUMBER 22004
AGREEMENT WITH "CITY OF CHULA VISTA PARKS AND RECS" TO EXPAND THE SCHOOL NUTRITION
ADVOCACY PROGRAM (SNAP)
ARTICLE 6
CHANGES
6.1 Contracting Officer. The Contracting Officer may at any time, by a written order, make changes ("Changes"), within the
general scope of this Agreement, in the definition of services to be performed, and the time (i.e.) hours of the day, days of the
week, etc.) and place of performance thereof. If any such Change causes an increase or decrease in the cost of, or the time
required for, the performance of any part of the work under this Agreement, whether changed or not changed by an such
order, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be
modified in writing accordingly.
6.2 Claims. Contractor must assert any claim for adjustment under this clause within 30 days from the date of receipt by the
Contractor of the notification of Change; provided, however, that the Contracting Officer, if he decides that the facts justifY
such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement
. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment,
the Contracting Officer shall have the right to presence the manner of disposition of such property. Failure to agree to any
adjustment shall be a dispute conceruing a question of fact within the meaning of the clause of this Agreement entitled
"Disputes" (Article 15). However, nothing in this clause shall excuse the Contractor from proceeding with this Agreement as
changed.
ARTICLE 7
TERMINATION
7.1 Terruination For Default. Upon Contractor's breach of this Agreement, County shall have the right to terminate this
Agreement, in whole or part. Prior to termination for default, County will send Contractor written notice specifying the cause.
The notice will give Contractor 10 days from the date the notice is issued to cure the default or make progress satisfactory to
County in curing the default, unless a different time is given in the notice. If County detemtines that the default contncutes to
the curtailment of an essential service or poses an immediate threat to life, health or property, County may terminate this
Agreement immediately upon issuing oral or written notice to the Contractor without any prior notice or opportuuity to cure.
In the event of termination under this Article, all finished or unfinished documents, and other materials, prepared by
Contractor under this Agreement shall become the sole and exclusive property of County. In the event of such terruination,
the County may purchase or obtain the supplies or services elsewhere, and Contractor shall be liable for the difference
between the prices set forth in the terruinated order and the actual cost thereof to the County. The prevailing market price
shall be considered the fair repurchase price. Notwithstanding the above, Contractor shall not be relieved of liability to
County for damages sustained by County by virtue of any breach of this Agreement by Contractor, and County may
withhold any reimbursement to Contractor for the purpose of off-setting until such time as the exact amount of damages
due County from Contractor is determined.
7.1.1 If, after notice of termination of this Agreement under the provisions of this clause, it is deterruined for any
reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the
parties shall, if this Agreement contains a clause providing for termination for conveuience of the County, be the
same as if the notice of tennination had been issued pursuant to such c1ause.
7.2 Damages For Delav. If Contractor refuses or fails to prosecute the work, or any separable part thereof, with such
diligence as shall ensure its completion within the time specified in this Agreement, or any extension thereof, or fails to
complete said work within such time, County will be entitled to the resulting damages caused by the delay. Damages will
be the cost to County incurred as a result of continuing the current level and type of se";'ice over that cost that would be
incurred had the Agreement segments been completed by the time frame stipulated and any other damages suffered by
County as allowed by law.
7.3 County Exenmtion From Liabilitv. In the event there is a reduction of funds made available by County to Contractor
under this or subsequent Agreements, the County of San Diego and its Departments, officers and employees shall incur
no liability to Contractor and shall be held harmless from any and all claims, demands, losses, damages, injuries, or
liabilities arising directly or from such action.
7.4 Terruination For Conveuience. The County may, by written notice stating the extent and effective date, tenninate this
Agreement for conveuience in whole or in part, at any time. The County shall pay the Contractor as full compensation
for performance until such terruination:
7.4.2 The uuit or pro rata price for any delivered and accepted portion of the work.
7.4.3 A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the Contractor as
approved by the County, with respect to the undelivered or unaccepted portion of the order, provided
compensation hereWlder shan in no event exceed the total price.
H&H Gov Service Agreement
Agre,*",1 (}ge 4 of 13
Rev 9/]4/05
~.
COUNTY AGREEMENT NUMBER 22004
AGREEMENT WITH "CITY OF CHULA VISTA PARKS AND RECS" TO EXPAND THE SCHOOL NUTRITION
ADVOCACY PROGRAM (SNAP)
7.4.4 In no event shall the Connty be liable for any loss of profits on the resulting order or portion thereof so
terminated.
7.5 Remedies Not Exclusive. The rights and remedies of Connty provided in this article shall not be exclusive and are in
addition to any other rights and remedies provided by law or nnder resulting order.
7.6 Full Cost Recoverv OfInvestigation And Audit Costs. Contractor shall reimburse Connty of San Diego for all direct and
indirect expenditures incurred in conducting an audit/investigation when Contractor is foUnd in violation (material breach)
of the terms of the Agreement. Reimbursement for such costs shall be withheld from any amounts due to Contractor
pursuant to the payment terms of the Agreement, or from any other amounts due to Contractor from County.
ARTICLE 8
COMPLIANCE WITH LAWS AND REGULATIONS
8.1 Conformance With Rules And Re~ulations. Contractor shall be in conformity with all applicable Federal, State, County,
and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or
certification laws and keep in effect any and all licenses, permits, notices and certificates as are required. Contractor shall
further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health
and sanitation.
8.2 Contractor Permits and License. Contractor shall obtain and maintain, at no cost to the Connty, all approvals,
pennissions, permits, licenses, and other fonDS of documentation required in order to comply with all existing domestic
statutes, ordinances, and regulations, or other laws, that may be applicable to performance of services hereunder. The
County reserves the right to reasonably request and review all such applications, permits, and licenses prior to the
commencement of any services hereunder.
8.3 Equal OnDortunitv. Contractor shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will
not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of
employment nor shall Contractor discriminate in any way that would deprive or intend to deprive any individual of
employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's
race, color, religion, sex, national origin, age, handicap, rp.edicaI condition, sexual orientation or marital status.
8.4 AffIrmative Action. Each Contractor of services and supplies employing fifteen (IS) or more full-time permanent
employees, shall comply with the Affrrmative Action Program for Vendors as set forth in Article IIIk (commencing at
Section 84) of the San Diego Connty Administrative Code, which program is incorporated herein by reference. A copy
of this Affmnative Action Program will be furnished upon request by COTR or from the County of San Diego Internet
web-site (www.co.san-diego.ca.us).
8.5 Non Discrimination. Contractor shall ensure that services and facilities are provided without regard to ethnic group
identification, race, color, nation origin, creed, religion, age, sex, or physical or mental disability in accordance with Title
IX of the Education Amendments of 1972; Title VII of the Civil Rights Act of 1964 (42 U.S.c. 2000-d), the Age
Discrimination of 1975 (42 U.S.C. 6101), Article 9.5, Chapter I, Part I, Division 2, Title 2 (Section 11135, et seq.) of the
California Government Code, and Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq.) of the CCR.
8.6 AIDs Discrimination. Contractor shall comply with all state and federal laws which ensure that an individual is not
discriminated against because of his or her mv/ AIDS status.
8.7 American With Disabilities Act (ADA). 1990. Contractor shall not discriminate against qualified people with disabilities
in employment, public services, transportation, public accommodations and telecomrounications services in compliance
with the Americans with Disabilities Act (ADA) and California Administrative Code Title 24.
8.8 Religious Activitv Prohibited. There shall be no religious worship, instructions or proselytization as part of or in connec-
tion with the performance of this Agreement.
8.9 Drug and Alcohol-Free WorkDlace. The Connty of San Diego, in recognition of individual rights to work in a safe,
healthful and productive work place, has adopted a requirement for a drug and a!cohol free work place, Connty of San
Diego Drug and Alcohol Use Policy C-25. This policy provides that all County-employed Contractors and Contractor
employees shall assist in meeting this requirement.
8.9.1 As a material condition of this Agreement, the Contractor agrees that the Contractor and the Contractor
employees, while performing service for the County, on Connty property, or while using Connty equipment:
8.9.1.1 Shall not be in any way impaired because of being nnder the influence of alcohol or a drug.
8.9.1.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence
of an illegal drug.
H&H Gov Service Agreement
Agree14""'1l'J'ge 5 of 1 J
Rev 9/14/05
COUNTY AGREEMENT NUMBER 22004
AGREEMENT WITH "CITY OF CHULA VISTA PARKS AND RECS" TO EXPAND THE SCHOOL NUTRITION
ADVOCACY PROGRAM (SNAP)
8.9.1.3 Shall not sell, offer, or provide alcohol or a drug to another person; provided, however, that the
foregoing restriction shall not be applicable to a Contractor or Contractor employee who as part of the
performance of nonnal job duties and responsibilities prescribes or administers medically prescribed
drugs.
8.9.2 Contractor shall inform all employees who are performing service for the County on County property or using
County equipment of the County objective of a safe, healthful and productive work place and the prohibition of
drug or alcohol use or impairment from same while performing such service for the County.
8.9.3 The County may terminate for default or breach this Agreement, and any other Agreement the Contractor has
with the County, if the Contractor, or Contractor employees are determined by the Contracting Officer not to be
in compliance with the conditions listed herein.
8.10 Board ofSuDervisors' Policies. Contractor represents that it is familiar, and shall use its best efforts to comply, with the
following policies of the Board of Supervisors:
8.10.1 Board Policy B-67, which encourages the County's Contractors to offer products made with recycled materials,
reusable products, and products designed to be recycled to the County in response to the County's requirements;
and
8.10.2 Board Policies B-53 and B-39o, which encourage the participation of small and disabled veterans' business
enterprises in County procurements; and
8.10.3 Zero Tolerance For Fraudulent Conduct In CounlY Services. Contractor shall c'lmply with County of San Diego
Board of Supervisors Policy A-120 "Zero Tolerance for Fraudulent Conduct in County Services." There shall be
"Zero Tolerance" for fraud committed by Contractors in the administration of County programs and the provision
of County services. Upon proven instances of fraud committed by independent Contractors in connection with
their perfonnance under the Agreement, said Agreement shall be terminated; and.
8.10.4 Familv-Centered Practice. Board Of Supervisors Policv E-13. Contractor shall comply with County of San Diego
Board of Supervisors Policy E-l3, "Family-Centered Practice." Family-centered practice addresses the needs of
the whole family and is intended to promote and support community and family involvement to ensure safe and
healthy environments for children; and
8.10.5 Zero Tolerance In Coachin~ Medi-Cal Or Welfare Clients (Jncludin~ Undocumented IrnrnilITants). The County
of San Diego in recognition of its unique geographical location and the utilization of Welfare and Medi-Cal
system by foreign nationals who are not legal residents of this county or country, has adopted a Zero Tolerance
policy and shall aggressively prosecute employees and Contractors who coach Medi-Cal or Welfare clients (in-
cluding undocumented inunigrants), to obtain services for which they are not otherwise entitled.
As a material condition of this Agreement, Contractor agrees that the Contractor and Contractor's employees,
while performing service for the County, on County property or while using County equipment shall not
intentionally or willfully:
(a) in any way coach, instruct, advise, or guide any Medi-Cal or Welfare clients or prospective clients who are
undocumented immigrants on ways to obtain or qualify for Medi-Cal assistance, for which they are not
otherwise entitled.
(b) support or provide funds to any organization engaged directly or indirectly in advising undocumented
inunigrants on ways to obtain or qualify for Medi-Cal assistance, for which they are not otherwise entitled.
Contractor shall inform all employees that are performing service for the Cotu;lty on County property or using
County equipment of County's Zero Tolerance Policy as referenced herein.
County may terminate for default or breach this Agreement and any other Agreement Contractor has with
County, if Contractor or Contractor employees are determined not to be in compliance with the conditions stated
herein.
8.11 Hazardous Materials. Contractor shall comply with all Environmental Laws and all other laws, rules, regulationS, and
requirements regarding Hazardous Materials, health and safety, notices, and training. Contractor agrees that it will not
store any Hazardous Materials at any County Facility for periods in excess of ninety (90) days or in violation of the
applicable site storage limitations imposed by Environmental Law. Contractor agrees to take, at its expense, all actions
necessary to protect third parties, including, without limitation, employees and agents of the County, from any exposure
to Hazardous Materials generated or utilized in its performance under this Agreement. Contractor agrees to report to the
appropriate governmental agencies all discharges, releases, and spills of Hazardous Materials that are required to be
reported by any Environmental Law and to innnediately notify the County of it. Contractor shall not be liable to the
County for the County's failure to comply with, or violation of, any Environmental Law. As used in this section, the
term "Environmental Laws" means any and al1 federal, state or local laws or ordinances, rules, decrees, orders,
.
H&H Gov Service Agreement
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COUNTY AGREEMENT NUMBER 22004
AGREEMENT WITH "CITY OF CHULA VISTA PARKS AND RECS" TO EXPAND THE SCHOOL NUTRITION
ADVOCACY PROGRAM (SNAP)
regulations or court decisions (including the so-called "common law"), including, but not limited to, the Resource
Conservation and Recovery Act, relating to hazardous substances. hazardous materials, hazardous waste. toxic
substances, environmental conditions or other similar substances or conditions. As used in this section the term
"Hazardous Materials" means any chemica], compound, material, substance or other matter that: (a) is a flammable,
explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or
potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials;
(b) is controlled, referred to, designated in or governed by any Environmental Laws; (c) gives rise to any reporting, notice
or publication requirements under any Environmental Laws, or (d) is any other material or substance giving rise to any
liability, responsibility or duty upon the County or Lessee with respect to any third person under any Environmental
Laws.
8.12 Debarment And Suspension. As a sub-grantee of federal funds under this Agreement, Contractor certifies that it, its
principals, its employees and its subcontractors:
8.12.] Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal Department or agency.
8.12.2 Have not within a 3-year period preceding this Agreement been convicted of or had a civil judgment rendered
against them for the commission of ITaud or a criminal offense in connection with obtaining, attempting to obtain,
or perfonning a public (Federal, State, or local) transaction; violation of Federal or State anti-trust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
8.12.3 Are not presently indicted or otherwise criminally or civil1y charged by a government entity (Federal, State, or
local) with commission of any of the offenses enumerated in the paragraph above; and
8.12.4 Have not within a 3-year period preceding this Agreement had one or more public transaction (Federal, State, or
local) tenninated for cause or default.
ARTICLE 9
CONFLICTS OF INTEREST: CONTRACTOR'S CONDUCT
9.1 Conflicts of Interest. Contractor presently has no interest, including but not limited to other projects or independent
Agreements, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with
the performance of services required to be performed under this Agreement. The Contractor shall not employ any person
having any such interest in the performance of this Agreement. Contractor shall not hire County's employees to perform
any portion of the work or services provided for herein including secretarial, clerical and similar incidental services
except upon the written approval of County. Without such written approval, performance of services under this
Agreement by associates or employees of County shall not reIieve Contractor ITom any responsibiIity under this
Agreement.
9.2 Conduct of Contractor: Privile.ed Information.
9.2.1 Contractor shall inform the County of all the Contractor's interests, if any, which are or which the Contractor
believes to be incompatible with any interests of the County.
9.2.2 The Contractor shall not, under circurustances that might reasonably be interpreted as an attempt to influence the
recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with
whom the Contractor is doing business or proposing to do business, in accomplishing the work under this
Agreement.
9.2.3 Contractor shall not use for personal gain or make other improper use of privileged information, which is
acquired in connection with his employment. In this connection, the tenn "privileged information!! includes, but
is not limited to, unpublished information relating to technological and scientific development; medical,
personnel, or security records of the individuals; anticipated materials requirements or pricing actions; and
lmowledge of selections of Contractors or subcontractors in advance of official announcement.
9.2.4 The Contractor, or employees thereof, shall not offer directly or indirectly gifts, gratuity, favors, entertainment, or
other iterus of monetary value to an employee or official of the County.
9.2.5 Referrals. Contractor further covenants that no referrals of clients through Contractor's intake or referral process
shall be made to the private practice of any person(s) employed by the Contractor.
9.3 Prohibited AlITeements. As required by Section 67 of the San Diego County Administrative Code, Contractor certifies
that it is not in violation of the provisions of Section 67, and that Contractor is not, and will not subcontract with, any of
the following:
H&H Gov Service Agreement
Agr<:"1F' 1 J3ge 7 of t 3
Rev 9/14/05
COUNTY AGREEMENT NUMBER 22004
AGREEMENT WITH "CITY OF CHULA VISTA PARKS AND RECS" TO EXPAND'fHE SCHOOL NUTRITION
ADVOCACY PROGRAM (SNAP)
9.3.1 Persons employed by County or of public agencies for which the Board of Supervisors is the governing body.
9.3.2 Profit-making firms or businesses in which employees described in sub-section 9.3.1, above, serve as officers,
principals, partners, or major shareholders;
9.3.3 Persons who, within the immediately preceding twelve (12) months came within the provisions of the above sub-
sections and who (I) were employed in positions of substantial responsibility in the area of service to be
performed by the Agreement, or (2) participated in any way in developing the Agreement or its service
specifications; and
9.3.4 Profit-making finns or businesses in which the former employees described in sub-section 9.3.3 above, serve as
officers, principals, partners, or major shareholders.
9.4 Limitation Of Future Ai!1'eements Or Grants. It is agreed by the parties to the Agreement that Contractor shall be
restricted in its future Contracting with the County to the manner described below. Except as specifically provided in this
clause, Contractor shall be ftee to compete for business on an equal basis with other companies.
9.4.1 If Contractor, under the tenns of the Agreement, or through the performance of tasks pursuant to this Agreement,
is required to develop specifications or statements of work and such specifications or statements of work are to be
incorporated into a solicitation, Contractor shall be ineligible to perform the work described within that
solicitation as a prime or subcontractor under an ensuing County Agreement. It is further agreed, however, that
County will not. as additional work, unilaterally require Contractor to prepare such specifications or statements of
work under this Agreement.
9.4.2 Contractor may not apply for nor accept additional payments for the same servi~es contained in the Statement of
Work.
ARTICLE 10
INDEMNITY AND INSURANCE
10.1 Claims Arising From Sole Acts or Omissions ofCountv. County hereby agrees to defend and indemnify Contractor, its
agents, officers and employees, :ITam any cla~ action or proceeding against Contractor, arising solely out of the acts or
omissions of County in the perfonnance of this Agreement. At its sole discretion, Contractor may participate at its own
expense in the Parties defense of any claim, action or proceeding, but such participation shall not relieve County of any
obligation imposed by this Agreement. Contractor shal1 notify County promptly of any claim, action or proceeding and
cooperate ful1y in the defense.
10.2 Oaims Arising From Sole Acts or Omissions of Contractor. Contractor hereby agrees to defend and indemnify County,
its agents, officers and employees (hereafter col1ectively referred to in this paragraph as 'County') ftom any claim, action
or proceeding against County, arising solely out of the acts or omissions of Contractor in the performance of this
Agreement. At its sole discretion, County may participate at its own expense in the defense of any such claim, action or
proceeding, but such participation shal1 not relieve Contractor of any obligation imposed by this Agreement. County
shal1 notify Contractor promptly of any claim, action or proceeding and cooperate fully in the defense.
10.3 Claims Arising From Concurrent Acts or Omissions. County hereby agrees to defend itself, and Contractor hereby agrees
to defend itself. from any claim, action or proceeding arising out of the concurrent acts or omissions of County and
Contractor. In such cases, County and Contractor agree to retain their own legal counsel, bear their own defense costs,
and waive their right to seek reimbursement of such costs, except as provided in paragraph 10.5 below.
10.4 Joint Defense. Notwithstanding paragraph 10.3 above, in cases where County and Contractor agree in writing to a joint
defense, County and Contractor may appoint joint defense counsel to defend the claim,- action or proceeding arising out
of the concurrent acts or omissions of Contractor and County. Joint defense counsel shaIl be selected by mutual
agreement of County and Contractor. County and Contractor agree to share the costs of such joint defense and any
agreed settlement in equal amounts, except as provided in paragraph 10.5 below. County and Contractor further agree
that neither party may bind the other to a settlement agreement without the written consent of both County and
Contractor.
10.5 Reimbursement and/or Reallocation. Where a trial verdict or arbitration award al10cates or detemrines the comparative
fault of the parties, County and Contractor may seek reimbursement and/or reaIlocation of defense costs, settlement
payments, judgments and awards, consistent with such comparative fault.
10.6 Insurance. Prior to execution of this Agreement, Contractor must obtain at its own cost and expense, and keep in force
and effect during the term of this Agreement, including all extensions. the insurance specified in Exhibit liB," "Insurance
Requirements," attached hereto.
ARTICLE II
H&H Gov Service Agreement
Agree'4'" 1J>4ge 8 of 13
Rev 9/14/05
COUNTY AGREEMENT NUMBER 22004
AGREEMENT WITH "CITY OF CHULA VISTA PARKS AND RECS" TO EXPAND THE SCHOOL NUTRITION
ADVOCACY PROGRAM (SNAP)
AUDIT AND INSPECTION OF RECORDS
The Cmmty shall have the audit aud inspection rights described in Ibis section.
11.1 Audit And Inspection. Contractor agrees to maintain and/or make available within San Diego County accurate books and
accounting records relative to all its activities under Ibis Agreement. Authorized Federal, State or County representatives
shall have the right to monitor, assess, or evaluate Contractor's performance pursuant to Ibis Agreement, said monitoring,
assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews of project
staff and participants.
At any time during normal business hours and as often as County may deem necessary, Contractor shall make available
to County, State or Federal officials for examination all of its records with respect to all matters covered by this
Agreement and will permit County, State or Federal officials to audit, examine and make excerpts or transcripts from
such records, and to make audits of al1 invoices, materials, payrolls, records of personnel, information regarding clients
receiving services, and other data relating to all matters covered by this Agreement.
If any services performed hereunder are not in conformity with the specifications and requirements of Ibis Agreement,
County shall have the right to require the Contractor to perform the services in conformity with said specifications and
requirements at no additional increase in total Agreement amount. When the services to be performed are of such nature
that the difference cannot be corrected, County shall have the right to (1) require Contractor immediately to take all
necessary steps to ensure future performance of the services in conformity with requirements of the Agreement, and (2)
reduce the Agreement price to reflect the reduced value of the services performed. In the event Contractor fails to
perform the services promptly or to take necessary steps to ensure future performance of the service in conformity with
the specifications and requirements of the Agreement, County shall have the right to either (I) by Agreement or to
otherwise have the services performed in conformity with the Agreement specifications and charge to Contractor any cost
occasioned to County that is directly related to the performauce of such services, or (2) terminate Ibis Agreement for
default as provided in the Termination clause.
11.2 Cost or Pricin~ Data. If the Contractor submitted cost or pricing data in connection with the pricing of this Agreement or
any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or
market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation,
the Contracting Officer or his representatives who are employees of the County or its agent shall have the right to
examine all books, records, documents and other data of the Contractor related to the negotiation pricing or performance
of such Agreement, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the
cost or pricing data submitted.
11.3 Availability. The materials described above shall be made available at the office of the Contractor, at all reasonable
times, for inspection, audit or reproduction, until the expiration of three (3) years from'the date of final payment under
Ibis Agreement, or by section 11.3.1 aud 11.3.2, below:
11.3.1 If Ibis Agreement is completely or partially terminated, the records relating to the work terminated shall be
made available for a period of three (3) years from the date of any resulting fmal settlement.
11.3.2 Record which relate to appeals under the "Disputes" clause of this Agreement, or litigation or the settlement of
claims arising out of the performance of Ibis Agreement, shall be made available until such appeals, litigation,
or claims have been disposed of, or three years after Agreement completion, whichever is longer.
11.4 Subcontracts. The Contractor shall insert a clause containing all the provisions of Ibis Article 11 in all subcontracts
hereunder except altered as necessary for proper identification of the Contracting parties and the Contracting officer
under the County's prime Agreement.
ARTICLE 12
INSPECTION OF SERVICE
12.1 Subject to InstJection. All perforruance (including services, materials, supplies and equipment furnished or utilized in the
perforruance of this Agreement, aud workmanship in the performance of services) shall be subject to inspection aud test
by the County at all times during the term of Ibis Agreement. Contractor shall cooperate with any inspector assigned by
the County to permit the inspector to determine whether Contractor's performance conforms to the requirements of this
Agreement. County shall perform such inspection in a manner as not to unduly interfere with Contractor's performance.
12.2 Suecification and Reauirements. If any services perfonned by Contractor do not confonn to the specifications and
requirements of this Agreement, County may require Contractor to re-perform the services until they conform to said
specifications and requiremettts, at no additional cost, and County may withhold payment for such services until
Contractor correctly performs them. When the services to be performed are of such a nature that Contractor's cannot
correct its perforruance, the County shall have the right to (I) require the Contractor tm immediately take all necessary
H&H Gov Service Agreement
Agree'4e.!l! 1 JSge 9 of 13
Rev 9/14/05
COUNTY AGREEMENT NUMBER 22004
AGREEMENT WITH "CITY OF CHULA VISTA PARKS AND RECS" TO EXPAND THE SCHOOL NUTRITION
ADVOCACY PROGRAM (SNAP)
steps to ensure future performance of services confonns to the requirements of this Agreement, and (2) reduce the
Agreement price to reflect the reduced value of the services received by County. In the event Contractor fails to
promptly re-perform the services or to take necessary steps to ensure that future performance of the service conforms to
the specifications and requirements of this Agreement, the County shall have the right to either (I) without terminating
this Agreement, have the services performed, by Agreement or otherwise, m conformance with the specifications of this
Agreement, and charge Contractor, and/or withhold from payments due to Contractor, any costs mcurred by County that
are directly related to the performance of such services, or (2) termffiate this Agreement for default.
ARTICLE 13
USE OF DOCUMENTS AND REPORTS
.
13.1 Findmgs Confidential. Any reports, information, data, etc., given to or prepared or assembled hy Contractor under this
Agreement which the County requests to be kept as confidential shall not be made available to any individual or
organization by the Contractor without the prior written approval of the County.
13.2 Ownership. Publication. Revroduction And Use Of Material. All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems, and any other material or properties produced under this Agreement shall be the sole
and exclusive property of County. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyright or patent right by Contractor m the United States or m any other country without
the express written consent of County. County shall have unrestricted authority to publish, disclose, distribute and other-
wise use, copyright or patent, in whole or m part, any such reports, studies, data, statistics, forms or other malerials or
properties produced under this Agreement.
13.3 Confidentiality. County and Contractor agree to maintain confidentiality of any information regarding applicants, project
participants or their immediate families which may be obtamed through application forms, interviews, tests, reports, from
public agencies or counselors or any other source. Without the written permission of the applicant or participant, such
mformation shall be divulged only as necessary for purposes related to the audit and evaluation of the Agreement and
then only to persons having responsibilities under the Agreement, mcluding those furnishing services to Project under
subcontract. County and Contractor agree that all information and records obtained m the course of providing services to
project clients shall be subject to confidentiality and disclosure provisions of applicable Federal and State statutes and
regulations adopted pursuant thereto. However, at County's request, Contractor shall pemrit County access to all records
and mformation regarding the project and confidentiality shall not be a bar to County's access to all records and
information.
.
.
13.4 Maintenance Of Records. Contractor shall maintain and keep available all records withm the County of San Diego for a
minimum of three (3) years from the endmg date of this Agreement unless County agrees in writing to an earlier
disposition.
13.5 Custodv Of Records. County, at its option, may take custody of Contractor's client records upon Agreement temrination
or at such other time as County may deem necessary. County agrees that such custody and disclosure will conform to
applicable confidentiality provisions of State and Federal law. Said records shall be kept by County m an accessible
location within San Diego County and shall be available to Contractor for examination and inspection.
13.6 Audit Reouirement. Contractors shall annually engage a Licensed Certified Public Accountant to conduct an annual audit
of their agency's operations. Contractors that expend $300,000 or more of federal grant funds per year shall have an
audit conducted in compliance with Government Auditing Standards, which includes Single Audit Act Amendments,
Public Law 104-156, and OMB Circular A-133. Contractor shall mclude a clause in any Agreement or agreement
Contractor enters into with an audit firm to provide access by the County, State, Federal Government to the working
papers of the independent auditor who prepare the audit for Contractor. Contractor shall submit when requested two (2)
copies of the annual report and the (management letter) optional depending on statement of work to the County no later
than fifteen (15) days after receipt from the independent Certified Public Accountant.
13.7 Revorts. Contractor shall submit reports required in Exhibit A and additional reports as may be requested by the COTR
and agreed to by the Contractor. Format for the content of such reports may be developed by County. The timely
submission of these reports is a necessary and material term and condition of this Agreement, and Contractor agrees that
failure to meet specified deadlines will be sufficient cause to withhold payment. Contractor shall submit to County
withm thirty (30) days of the termination of this Agreement a report detailing all work done pursuant to this Agreement
by Contractor.
13.8 Evaluation Studies. Contractor shall participate as requested by the County in research and/or evaluative studies designed
to show the effectiveness and/or efficiency of Contractor services or to provide infonnation about Contractor's project.
ARTICLE 14
H&H Gov Service Agreement
Agree'1f-!! 1 ISge 10 of 13
Rev 9/14/05
COUNTY AGREEMENT NUMBER 22004
AGREEMENT WITH "CITY OF CHULA VISTA PARKS AND RECS" TO EXPAND THE SCHOOL NUTRITION
ADVOCACY PROGRAM (SNAP)
(RESERVED)
ARTICLE 15
DISPUTES
15.1 In the event of any dispute arising out of or relating to this Agreement, the parties shall fIrst attempt in good faith to
resolve the dispute mutually between them. If unable to do so, then all matters in controversy shall be submitted to
mediation. The parties shall select a mutually agreeable mediator within thirty (30) days of the request for mediation.
Should the parties fail to resolve all of the matters in controversy at mediation, the parties may seek a judicial
determination of the controversy.
15.2 The "Disputes" clause does not preclude consideration of legal questions in connection with decisions provided for in
paragraph 15.1 above. Nothing in this Agreement shall be construed as making fmal the decision of any administrative
official, representative, or board on a question of law. '
ARTICLE 16
GENERAL PROVISIONS
16.1 Assillnment and Subcontractimz. Contractor shall not assign any interest in this Agreement, and shall not transfer any
interest in the same (whether by assigrunent or novation), without the prior written consent of the County; County's
consent shall not be unreasonably withheld.. The Contractor shall make no Agreement with any party for furnishing any
of the work or services herein contained without the prior written prior concurrence of the COTR.
16.2 Contin2encv. This Agreement shall bind the County only following its approval by the Board of Supervisors or when
signed by the Purchasing and Contracting Deputy Director.
16.3 Entire Asn-eement. This Agreement. together with all Sections attached hereto and other agreements expressly referred to
herein, constitute the entiIe agreement betvleen the parties with respect to the subject matter contained herein. An prior
or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, including
any proposals from Contractor and requests for proposals from County, are superseded.
16.4 Sections and Exhibits. All sections and exhibits referred to herein are attached hereto and incorporated by reference.
16.5 Further Assurances. Parties agree to perform such further acts and to execute and deliver such additional documents and
instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the
parties.
16.6 Governing: Law. This Agreement shall be governed. interpreted, construed and enforced in accordance with the laws of
the State of California.
16.7 Headin2s. The Article captions, Clause and Section headings used in this Agreement. are inserted for convenience of
reference only and are not intended to defme, limit or affect the construction or interpretation of any tenn or provision
hereof.
16.8 Modification: Waiver. Except as otherwise provided in Article 6, "Changes," above, no modification, waiver,
amendment or discharge of this Agreement shall be valid unless the same is in writing and signed by both parties.
16.9 Neither Party Considered Drafter. Despite the possibility that one party may have prepared the initial draft of this
Agreement or played the greater role in the physical preparation of subsequent drafts, neither party shall be deemed the
drafter of this Agreement and that. in construing this Agreement in case of any claim that any provision hereof may be
ambiguous, no such provision shall be construed in favor of one party on the ground that such provision was drafted by
the other.
16.10 No Other Inducement. The making, execution and delivery of this Agreement by the parties hereto has been induced by
no representations. statements, warranties or agreements other than those expressed herein.
16.11 Notices. Notice to either party shall be in writing and either personally delivered or sent by certifIed mail, postage
prepaid, return receipt requested, addressed to the party to be notified at the address specifIed herein. Any such notice
shall be deemed received on the date of personal delivery to the party (or such party's authorized representative) or three
(3) business days after deposit in the U.S. Mail, as the case may be to the COTR and Contractor's Representative
identifIed on the signature page.
16.12 Severability. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise
unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be
affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
H&H Gov Service Agreement
Agree'iP! 1 ~ge II of 13
Rev 9/14105
COUNTY AGREEMENT NUMBER 22004
AGREEMENT WITH "CITY OF CHULA VISTA PARKS AND RECS" TO EXPAND THE SCHOOL NUTRITION
ADVOCACY PROGRAM; (SNAP)
.
16.13 Successors. Subject to the limitations on assignment set forth in Clause 16.1 above, all terms of this Agreement shall be
binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal
representatives, successors, and assigns.
16.14 Time. Time is of the essence of each provision of this Agreement.
16.15 Time Period Conmutation. All periods of time referred to in this Agreement shall include all Saturdays, Sundays and
state or national holidays, unless the period of time specifies business days, provided that if the date or last date to
perform any act or give any notice or approval shall fall on a Saturday, Sunday or State or national holiday, such act or
notice may be timely performed or given on the next succeeding day which is not a Saturday, Sunday or State or national
holiday.
16.16 Waiver. The waiver by one party of the performance of any tenn, provision, covenant or condition shall not invalidate
this Agreement, nor shall it be considered as a waiver by such party of any other tenn, provision, covenant or condition.
Delay by any party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term,
provision, covenant or condition shall not prevent such party from later pursuing remedies or insisting upon full
performance for the same or any similar breach or failure.
16.17 Third Partv Beneficiaries Excluded. This agreement is intended solely for the benefit of the County and its Contractor.
Any benefit to any third party is incidental and does not confer on any third party to this Agreement any rights
whatsoever regarding the performance of this Agreement. Any attempt to enforce provisions of tlris Agreement by third
parties is specifically prolribited.
16.18 Publicity Announcements and Materials. All public announcements, including those issued on Contractor letterhead, and
materials distributed to the community shall identify the County of San Diego as the funding source for Contracted
programs identified in this Agreement. Copies of publicity materials related to Contracted programs identified in tlris
Agreement shall be filed with the COTR. County shall be advised at least 24 hours in' advance of all locally generated
press releases and media events regarding Contracted services identified in this Agreement.
16.19 Critical Incidents. Contractor shall have written plans or protocols and provide employee training for handling critical
incidents involving instances of violence or threat of violence directed toward staff or clients, breach of confidentiality,
fraud, unetlrical conduct, or instances of staff or client drug and/or alcohol use at the program. Contractor shall report all
such incidents to the COTR within one work day of their occurrence.
/
/
/
/
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H&H Gov Service Agreement
Agre~e!!.t1 frge 12 of 13
Rev 9/14/05
COUNTY AGREEMENT NUMBER 22004
AGREEMENT WITH ~CITY OF CHULA VISTA PARKS AND RECS" TO EXPAND THE SCHOOL NUTRITION
ADVOCACY PROGRAM (SNAP)
SIGNATIJRE PAGE
AGREEMENT TERM. This Agreement shall be effective this 1" day of March 2006 (~Effective Date") aod end on June
30th, 2006 ("Initial Tenn") for a total Agreement period of three months.
COMPENSATION. Pursuant to Exhibit C, County agrees to pay Contractor a sum not to exceed twenty thousand dollars ($
20,000) for the tenn of this Agreement ,in accordance with the method of payment stipulated in Article 4.
COTR. The County has designated the following individual as the Contracting Officer's Technical Representative (~COTR")
Tracy Hudson, Contracts
9335 Hazard Way
Sao Diego, CA 92123
Phone (858) 505-6377
CONTRACTOR'S REPRESENTATIVE. The Contractor has designated the following individual as the Contractor's
Representative.
Karen Harvell, Recreation Supervisor III
430 F Street
Chula Vista, CA 91910
Phone (619) 691-5086
IN WITNESS WHEREOF, County and Contractor have executed this Agreement effective as of the date fIrst set forth above
COUNTY OF SAN DIEGO
City of ChuIa Vista
By:
By:
Steve Padilla, City of Chula Visa Mayor
WINSTON F. McCOLL, Director
Department of Purchasing and Contracting
Date:
Date:
H&H Gov Service Agreement
Agre''lI'.!!.t1 ~g, 13 of13
Rev 9!l4/05
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL AGENDA STATEMENT
ITEM NO.:
MEETING DATE:
.5
3/28/06
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING ClOSURE OF THIRD AVENUE FROM "E" STREET TO "G"
STREET FOR THE CINCO DE MAYO CELEBRATION ON APRIL 30, 2006
FROM 4 A.M. - 9:00 P.M., WAIVING PROHIBITION ON SIDEWALK
SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN
BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE
EVENT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H"
STREETS FOR THE CHULA VISTA LEMON FESTIVAL ON AUGUST 13,
2006 FROM 4 A.M. - 9:00 P.M., WAIVING PROHIBITION ON
SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR
DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING
IN THE EVENT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CLOSURE OF THIRD AVENUE FROM "D" STREET TO ","
STREET AND "H" STREET BETWEEN SECOND AND FOURTH AVENUE,
AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL
STARLIGHT PARADE ON DECEMBER 2, 2006 FROM 1 P.M. - 10:00
P.M., AND WAIVING PROHIBITION ON SIDEWALK SALES, AND
WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS
ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT BETWEEN CITY OF CHULA VISTA AND
CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION FOR SPECIAL
EVENTS FOR 2006 AND AUTHORIZING MAYOR TO EXECUTE THE
AGREEMENT
DIRECTOR OF COMMUNICATIONS Ai
CITY MANAGER V(7", P ~
5-1
PAGE 2, ITEM NO.:
MEETING DATE:
.5
3/28/06
4/5THS VOTE: YES D NO ~
BACKGROUND
The Chula Vista Downtown Business Association (DBA) is requesting the closure of Third
Avenue and portions of other streets for three 2006 promotional events:
. Cinco de Mayo Celebration on April 30
. Lemon Festival on August 13
.
. Starlight Parade on December 2
The Cinco De Mayo is an annual event. To operate the festival, the DBA requests that
Third Avenue be closed between "E" and "G" streets from 4 a.m. - 9 p.m. on the
respective date of the event. Activities will include live entertainment along with
approximately 200 arts, crafts and food booths.
The Lemon Festival is an annual event. The DBA requests that Third Avenue be closed
between "E" and "H" streets from 4 a.m. - 9 p.m. on Sunday, August 13. Activities will
include live entertainment along with approximately 200 arts, crafts and food booths.
. The Annual Starlight Parade will be held for the 44th year. For the parade, DBA requests
closing Third Avenue between "0" and "I" streets, between Second and Fourth avenues
and portions of intersecting streets from 1 p.m. - 1 0 p.m. on Saturday, December 2.
RECOMMENDATION
That the City Council adopt the resolutions:
aJ Approving closure of Third Avenue from "E" to "G" streets and adjacent
side streets to the alleyways on April 30, 2006 from 4:00 a.m. - 9:00 p.m.
subject to the provisions and compliance with agreement, waiving
prohibition on sidewalk sales, and waiving business license tax for the DBA
and vendors taking part in the event.
b) Approving the closure of Third Avenue from "E" to "H" streets and
adjacent side streets to the alleyway on August 13, 2006 from 4:00 a.m. -
9:00 p.m. subject to the provisions and compliance with agreement,
waiving prohibition on sidewalk sales, and waiving business license taxes
for the DBA and vendors taking part in the event;
c) Approving the closure of Third Avenue between "0" and "I" streets, "H"
Street between Second and Fourth avenues, and other east-west streets
that intersect Third Avenue between "0" and "I" streets on Saturday,
5-2
PAGE 3, ITEM NO.:
MEETING DATE:
:5
3/28/06
December 2, 2006 from 1 :00 - 10 p.m. for the 44th Annual Starlight Parade
subject to the provisions and compliance with agreement;
d) Approving the agreement with the Chula Vista Downtown Business
Association for Special Events 2006 and authorizing Mayor to execute said
agreement
DISCUSSION
April 30, 2006 - Cinco de Mavo Celebration
The DBA is requesting the following for the 2006 Cinco De Mayo:
1. The closure of Third Avenue between "E" and "G" streets on Sunday, April 30
2. Allowing sidewalk sales for the event; and
3. A waiver of business license taxes for the DBA and vendors taking part in the event.
The closure of Third Avenue will affect the flow of traffic in the downtown area. The DBA
will be required to coordinate with the City's Traffic Engineer and prepare a traffic control
plan to the Traffic Engineer's specifications. The City's transit system will also be affected.
The Transit Coordinator's staff has agreed to the closure as long as "E" and "G" streets
remain passable for traffic. The DBA is aware of this stipulation and will abide by it.
The DBA has requested that the business license tax for this promotional event be waived
for this festival. The taxes involved include a $5 assessment to the sponsoring organization
(DBA) and a requirement that each vendor have a Chula Vista business license (costing
$12.50 to each business without a current business license).
In the past. the City has waived the business license tax for the DBA and vendors taking
part in these events in order to encourage participation. The rationale for waiving the fee
is that the festivals attract thousands of visitors and residents to the Chula Vista downtown
and promote the downtown businesses. The resulting effect will be the generation of
additional commercial activity and increased sales tax revenue to the City. Waiving the
business license taxes will encourage vendor participation. Since having a large number
of vendors will help ensure the success of the events, staff recommends the waiver.
The event includes food booths and an alcohol tent. These areas will be operated in
accordance with the regulations of the San Diego County Health Department, ABC and
City of Chula Vista Fire Department and Police Department.
Auaust 13, 2006 - Lemon Festival
5-3
PAGE 4, ITEM NO.:
MEETING DATE:
So
3/28/06
The DBA is requesting the following for 2006 Lemon Festival:
4. The closure of Third Avenue between "E" and "H" streets Sunday, August 13,2006
from 4 a.m. - 9 p.m.; and
5. Allowing sidewalk sales for the event; and
6. A waiver of business license taxes for the DBA and vendors taking part in each
event.
The closure of Third Avenue will affect the flow of traffic in the downtown area. The DBA
will be required to coordinate with the City's Traffic Engineer and prepare a traffic control
plan to the Traffic Engineer's specifications. The City's transit system will also be affected.
The Transit Coordinator's staff has agreed to the closure as long as "E" and "H" streets
remain passable for traffic. The DBA is aware of this stipulation and will abide by it.
The DBA has requested that the business license tax for promotional events be waived for
this festival. The taxes involved include a $5 assessment to the sponsoring organization
(DBA) and a requirement that each vendor have a Chula Vista business license (costing
$12.50 to each business without a current business license).
In the past, the City has waived the business license tax for the DBA and vendors taking
part in these events in order to encourage participation. The rationale for waiving the fee
is that the festivals attract thousands of visitors and residents to the Chula Vista downtown
and promote the downtown businesses. The resulting effect Will be the generation of
additional commercial activity and increased sales tax revenue to the City. Waiving the
business license taxes will encourage vendor participation. Since having a large number
of vendors will help ensure the success of the events, staff recommends the waiver.
This event includes food booths and an alcohol tent. These areas will be operated in
accordance with the regulations of the San Diego County Health Department, ABC and
City of Chula Vista Fire Department and Police Department.
Additional duties of the Downtown Business Association are listed in the agreement
between the City and Chula Vista Downtown Business Association.
December 2. 2006 - Stariiaht Parade
The DBA is requesting the closure of Third Avenue between "0" and "I" streets and "H"
Street between Second and Fourth avenues. The parade route will be along Third
Avenue between "E" and "H" streets. Other areas of the closure will be used for pre-
parade staging, bus parking and parade debarkation. Second and Fourth avenues will
remain open to traffic at all times during the event. Chula Vista and San Diego Transit
busses will continue to run during the street closure, but they will run on advertised detour
routes.
.
5-4
PAGE 5, ITEM NO.:
MEETING DATE:
.5
3/28/06
The parade is scheduled to begin at 5:30 p.m. and will end no later than 9 p.m. street
closures are scheduled from 1:00 - 10:00 p.m.
The DBA will be required to send notices to all businesses and residences located along
the parade route. The Downtown Business Association is also required to provide
insurance, a Hold Harmless Agreement. sanitary systems and posting of no parking signs.
Additional duties of the Downtown Business Association are listed in the agreement
between the City and Chula Vista Downtown Business Association.
The City's Environmental Review Coordinator has reviewed the proposed projects for
compliance with the California Environmental Quality Act and has determined that the
projects qualifies for a Class 4 categorical exemption pursuant to Section 15304(e) of the
State of CEQA Guidelines. Thus, no further environmental review is necessary.
AGREEMENT
Chula Vista Downtown Business Association and the City are entering into an Agreement
for the Special Events 2006. The Agreement provides the City with indemnification for
claims arising from the events. Additionally, it outlines the duties of the Downtown Business
Association governing the operation of the events.
FISCAL IMPACT
The City will incur the administrative costs of processing this request. The DBA has
requested that the business license taxes be waived for the events. The tax involved is
a fee of $5 to the sponsoring organization (DBA) and a $12.50 tax for each participating
vendor not currently having a Chula Vista business license. By waiving this tax, the City
will forego approximately $500 in fees for each event. Costs for these events are paid
by the DBA or, in some instances, shared by City Departments. Costs incurred for
individual departments are itemized in their respective budgets.
ATTACHMENTS
. Group/Organization Waiver and Release of Liability
. Duties of the Downtown Business Association for the Chula Vista Third Avenue
Cinco De Mayo Celebration, the Chula Vista Third Avenue Lemon Festival,
and the Starlight Parade.
5-5
Page 3 013
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~~
-
QJYOF
CHULA VISTA
GROUP/ORGANIZA TION
WAIVER AND RELEASE OF LIABILITY
uVt::>Bl4.
EVENT NAME: U V\..,,(A) ctuif.-.LCCj (')
EVENT DATE: 4-{ ~ 0 ! 0 V
ORGANIZATION/GROUP NAME:
ON BEHALF OF THE ABOVE ORGANIZATION/GROUP, I expressly WAIVE, RELEASE and DISCHARGE the City of
Chula Vista, its officers, agents, and employees or any other person from any and all LIABILITY for any death, disability,
personal injury, property damage, property theft or actions, including any alleged or actual negligent act or omissions,
regardless of whether such act or omission is active or passive which may accrue to myself or members of my
organization/group or our heirs in connection with our participation in the above-described event. I fully understand and
acknowledge that the CITY OF CHULA VISTA is relying on my representation that I have authorization to sign this
document and that I will provide all members of my group a completed copy of this Waiver prior to our participation.
I expressly INDEMNIFY AND HOLD HARMLESS the City of Chula Vista, its elected and appointed officials, officers,
agents and employees from any and all liabilities or claims made by me or my organization/group, my/our heirs and any
other individuals or entities as a result of, or in anyway related to, or arising from, the event identified herein, any of
my/our actions in connection with my/our participation in this event except for those claims arising from the sole
negligence or sole willful conduct of the City, its officials, officers, employees, volunteers or other representatives. Such
indemnification includes liability settlements, damage awards, costs and attorney fees associated with any such claims.
I hereby certify that I have read this document, understand its content, and am authorized to sign this document on behalf
of all members of the group I represent.
DATE: I) l q f 0 If
SIGNATURE ~
----.
'-
~
8u1vu~
. ' (PleaSeprin/) ~
TITLE: ~t tI.} 'B'vL.1 :s
ADDRESS: vI. z..., ~,(. ft:v-c.-./
(,~8"'~ c-ft 0Lq/D
NAME:
.
Return completed Special Event Application form, plus any additional attachments & information to:
City of Chula Vista - Office of Communications . 276 Fourth Aventj!!, !;hula Vista CA 91910 . Tel: 619-691-5296 Fax: 619-409-5448
Forms must be submitted at least 45 days prior ta e.Ji)nt Dart date. Incomplete forms will not be processed.
DUTIES OF THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION (DBA)
FOR
CHULA VISTA THIRD AVENUE CINCO DE MAYO CELEBRATION ON APRIL 30, 2006
1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's
Traffic Engineer and Police Department.
2. The DBA shall provide adequate litter control during and after the event, including
professional street sweeping.
3. The DBA shall notify all property owners and tenants (including businesses and residents)
that will be affected by the street closure. The notification must be sent by first class mail
at least seven days prior to the event date.
4. The DBA will be responsible for measures to insure that the noise generated by the
event's activities does not reach an excessive level. The DBA will undertake the following
measures in order to implement this condition:
a. DBA shall continually monitor noise levels of performing bands, stereos, and other
sound-emitting devices and will make adjustments as needed.
b. A plan showing the location of the performing stages will be submitted for Office of
Communications staff review and approval prior to the event.
c. All band performances shall be limited to the hours of 10 a.m. and 6 p.m.
5. In order to meet the requirement of the Fire Marshal, the DBA shall ensure that the
alleyways between "E" Street and "G" Street, east and west of Third Avenue, shall remain
open and unobstructed for the purpose of fire apparatus access in the event of an
emergency. The DBA shall ensure that all food-cooking vendors have a 2A10BC-type fire
extinguisher readily available in their booths as required by the Fire Marshal.
6. The DBA shall ensure "E" and "G" Streets remain open to traffic in order to meet the
requirements of the Fire Marshal and the Transit Division.
7. The DBA shall provide, 10 days prior to the Cinco de Mayo Celebration, evidence of
general liability insurance in the amount of $5 million, in the form of a certificate of
insurance and an additional endorsement page naming the City of Chula Vista, its
officials, officers, agents, employees and volunteers as additional insured. The
endorsement page must include name of the insured, policy number and policy period.
8. The DBA shall execute an agreement to hold the City harmless from any liability
stemming from Cinco de Mayo Celebration activities in the street.
9. The DBA shall obtain a temporary license from the ABC for the sale of beer and shall
comply with all requirements set forth in the license. The DBA shall comply with all
requirements of the Chula Vista Police Department.
5-7
ATTACHMENT A
CINCO DE MAYO CELEBRATION
10. The DBA shall ensure that the location of the food and beverage tents are approved by
the Police and Fire Department at least 10 days prior to the event.
11. The DBA shall ensure that sales, service and consumption of alcoholic beverages are
permitted only in the areas designated on the ABC application diagram. The DBA shall
ensure that people do not take alcoholic beverages from the designated area and that no
person brings alcoholic beverages into the designated area.
12. The DBA shall provide one (1) security person at each public entrance and exit for each
area noted in condition #11. The DBA shall ensure that each security person wears
distinctive apparel and is present in the area where consumption is taking place at all
times.
13. The DBA shall ensure that the security persons prevent people from carrying alcoholic
beverages outside the designated area as well as prevents people from bringing alcoholic
beverages into the designated area as noted in condition 11. The DBA shall ensure that
security persons verify the age of each person who wishes to purchase or consume
alcoholic beverages.
14. The DBA shall ensure that alcoholic beverages are only sold in distinctive paper, plastic,
or Styrofoam cups and that no other containers are used for the dispensing of alcoholic
beverages.
15. The DBA shall ensure that all persons serving or dispensing alcoholic beverages are at
least 21 years of age.
16. The DBA shall ensure that no more than two (2) alcoholic beverage containers are
purchased by anyone person at anyone time.
17. The DBA shall ensure that cup size for alcoholic beverages shall not exceed 16 ounces.
.
18. The DBA shall ensure that signs are posted indicating "No one under 21 years of age
allowed" in the bar area. No signs are required at the food court. The DBA shall ensure
that no persons under 21 years of age are allowed in the bar area. The food court will be
open to persons of all ages. If no food service is available inside the food court, it will be
considered a bar area, and the DBA shall ensure no persons under 21 years of age are
present.
19. The DBA shall ensure that a three foot tall fence separates the bar area and food court
from other public areas.
5-8
DUTIES OF THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION (DBA)
FOR
CHULA VISTA THIRD AVENUE LEMON FESTIVAL ON AUGUST 13, 2006
1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's
Traffic Engineer and Police Department.
2. The DBA shall provide adequate litter control during and after the event, including
professional street sweeping.
3. The DBA shall notify all property owners and tenants (including businesses and residents)
that will be affected by the street closure. The notification must be sent by first class mail
at least seven days prior to the event date.
4. The DBA will be responsible for measures to insure that the noise generated by the
event's activities does not reach an excessive level. The DBA will undertake the following
measures in order to implement this condition:
a. DBA shall continually monitor noise levels of performing bands, stereos, and other
sound-emitting devices and will make adjustments as needed.
b. A plan showing the location of the performing stages will be submitted for Office of
Communications staff review and approval prior to the event.
c. All band performances shall be limited to the hours of 10 a.m. and 6 p.m.
5. In order to meet the requirement of the Fire Marshal, the DBA shall ensure that the
alleyways between "E" Street and "G" Street, east and west of Third Avenue, shall remain
open and unobstructed for the purpose of fire apparatus access in the event of an
emergency. The DBA shall ensure that all food-cooking vendors have a 2A10BC-type fire
extinguisher readily available in their booths as required by the Fire Marshal.
6. The DBA shall ensure "E" and "G" Streets remain open to traffic in order to meet the
requirements of the Fire Marshal and the Transit Division.
7. The DBA shall provide, 10 days prior to the Lemon Festival, evidence of general liability
insurance in the amount of $5 million, in the form of a certificate of insurance and an
additional endorsement page naming the City of Chula Vista, its officials, officers, agents,
employees and volunteers as additional insured. The endorsement page must include
name of the insured, policy number and policy period.
8. The DBA shall execute an agreement to hold the City harmless from any liability
stemming from Lemon Festival activities in the street.
9. The DBA shall obtain a temporary license from the ABC for the sale of beer and shall
comply with all requirements set forth in the license. The DBA shall comply with all
requirements of the Chula Vista Police Department.
5-9
14.
.
15.
16.
17.
. 18.
ATTACHMENT B
LEMON FESTIVAL
10. The DBA shall ensure that the location of the food and beverage tents are approved by
the Police and Fire Department at least 10 days prior to the event.
11. The DBA shall ensure that sales, service and consumption of alcoholic beverages are
permitted only in the areas designated on the ABC application diagram. The DBA shall
ensure that people do not take alcoholic beverages from the designated area and that no
person brings alcoholic beverages into the designated area.
12. The DBA shall provide one (1) security person at each public entrance and exit for each
area noted in condition #11. The DBA shall ensure that each security person wears
distinctive apparel and is present in the area where consumption is taking place at all
times.
13. The DBA shall ensure that the security persons prevent people from carrying alcoholic
beverages outside the designated area as well as prevents people from bringing alcoholic
beverages into the designated area as noted in condition 11. The DBA shall ensure that
security persons verify the age of each person who wishes to purchase or consume
alcoholic beverages.
The DBA shall ensure that alcoholic beverages are only sold in distinctive paper, plastic,
or Styrofoam cups and that no other containers are used for the dispensing of alcoholic
beverages.
The DBA shall ensure that all persons serving or dispensing alcoholic beverages are at
least 21 years of age.
The DBA shall ensure that no more than two (2) alcoholic beverage containers are
purchased by anyone person at anyone time.
The DBA shall ensure that cup size for alcoholic beverages shall not exceed 16 ounces.
The DBA shall ensure that signs are posted indicating "No one under 21 years of age
allowed" in the bar area. No signs are required at the food court. The DBA shall ensure
that no persons under 21 years of age are allowed in the bar area. The food court will be
open to persons of all ages. If no food service is available inside the food court, it will be
considered a bar area, and the DBA shall ensure no persons under 21 years of age are
present.
19. The DBA shall ensure that a three foot tall fence separates the bar area and food court
from other public areas.
5-10
ATTACHMENT C
STARLIGHT PARADE
DUTIES OF THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION (DBA)
FOR
STARLIGHT PARADE ON DECEMBER 2, 2006
1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's
Traffic Engineer and Police Department.
2. The DBA shall provide adequate litter control during and after the event, including
professional street sweeping.
3. The DBA shall notify all property owners and tenants (including businesses and residents)
that will be affected by the street closures. The notification shall be sent by first class mail
at least seven days prior to the event date.
4. The DBA will be responsible for measures to insure that the noise generated by the
event's activities does not reach an excessive level. The DBA will undertake the following
measures in order to implement this condition:
a. DBA shall continually monitor noise levels of performing bands and other sound-
emitting devices and will make adjustments as needed.
7. The DBA shall provide, 10 days prior to the parade, evidence of general liability insurance
in the amount of $5 million, in the form of a certificate of insurance and an additional
endorsement page naming the City of Chula Vista, its officials, officers, agents,
employees and volunteers as additional insured. The endorsement page must include
name of the insured, policy number and policy period.
8. The DBA shall execute an agreement to hold the City harmless from any liability
stemming from parade activities in the street.
9. The DBA shall provide portable toilets along the parade route, as recommend by City
staff.
10. The DBA shall provide and post "No Parking" signs in a form acceptable to the City Traffic
Engineer, along the parade route. The DBA shall ensure that posting takes place a
minimum of forty-eight (48) hours in advance of the event date.
5-11
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE
FROM "E" STREET TO "G" STREETS FOR THE CINCO DE
MAYO CELEBRATION ON APRIL 30, 2006 FROM 4:00 A.M. -
9:00 P.M., WAIVING PROHIBITION ON SIDEWALK SALES,
AND WAIVING BUSINESS LICENSE TAXES FOR
DOWNTOWN BUSINESS ASSOCIATION AND VENDoRs
PARTICIPATING IN THE EVENT
WHEREAS, the City Council of the City ofChula Vista established a Business hnprovement
Area on November 16, 1971, which created the Chula Vista Downtown Business Association
("DBA"); and
WHEREAS, the DBA has requested to close Third A venue from "E" to "G" Streets including
adjacent side streets to the alleyway in order to conduct the Cinco de Mayo Celebration on April 30,
2006 from 4:00 a.m. - 9:00 p.m.; and
WHEREAS, the DBA has requested a waiver of the City's prohibition on sidewalk sales so
that the DBA can conduct the 2006 Cinco de Mayo celebrations; and
WHEREAS, the DBA has also requested a waiver of the Business License Tax for
promotional events for the DBA and vendors participating in the 2006 Cinco de Mayo celebrations.
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class 4 categorical exemption pursuant to Section 15304( e) of the State CEQA
Guidelines. Thus, no further environmental review is necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby approve the closure of Third Avenue from "E" Street to "G" Streets from 4:00 a.m.-
9:00 p.m. on April 30, 2006, for the purpose of the DBA conducting the 2006 Cinco de Mayo
celebrations.
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves the
requested waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the 2006
Cinco de Mayo celebrations.
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves the
requested waiver of the City's Business License Tax for the Downtown Business Association and all
vendors participating in the 2006 Cinco de Mayo celebrations on April 30, 2006.
5-12
J
Liz 11
DrrectorofCorrunurucations
.
Approved as to form by
~ a~/U'-~
Ann Moore
City Attorney
5-13
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE
FROM "E" STREET TO "H" STREETS FOR THE LEMON
FESTIVAL ON AUGUST 13,2006 FROM 4:00 A.M. - 9:00 P.M.,
WAIVING PROHIBITION ON SIDEWALK SALES, AND
WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN
BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN
THE EVENT
WHEREAS, the City Council of the City ofChula Vista established a Business Improvement
Area on November 16, 1971, which created the Chula Vista Downtown Business Association
("DBA"); and
WHEREAS, the DBA has requested to close Third Avenue from "E" to "H" Streets in order
to conduct the Lemon Festival on August 13,2006 from 4:00 a.m. - 9:00 p.m.; and
WHEREAS, the DBA has requested a waiver of the City's prohibition on sidewalk sales so
that the DBA can conduct the 2006 Lemon Festival; and
WHEREAS, the DBA has also requested a waiver of the Business License Tax for
promotional events for the DBA and vendors participating in the 2006 Lemon Festival.
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class 4 categorical exemption pursuant to Section 15304(e) of the State
CEQA Guidelines. Thus, no further environmental review is necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the closure of Third Avenue from "E" Street to "H" Streets from 4:00 a.m.-
9:00 p.m. on August 13, 2006, for the purpose of the DBA conducting the 2006 Lemon Festival.
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves the
requested waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the 2006
Lemon Festival.
BE IT FURTHERRESOL VED that the City Council of the City ofChula Vista approves the
requested waiver of the City's Business License Tax for the Downtown Business Association and all
vendors participating in the 2 06 Lemon Festival on August 13, 2006.
LIZ
Director of Communications
App~~ed as to form by, _ . _
---rV'1.-.<!..J a.. ~
Ann Moore .
City Attorney
5-14
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE
FROM "D" STREET TO "I" STREET AND "If' STREET
BETWEEN SECOND AND FOURTIIA VENUE, AND PORTIONS
OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT
PARADE ON DECEMBER 2,2006 FROM 1 P.M. - 10:00 P.M.,
AND WAIVING PROHIBmON ON SIDEWALK SALES, AND
WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN
BUSINESS ASSOCIATION AND VENDORS P ARTICIP AnNG IN
THE EVENT
WHEREAS, the City Council of the City ofChula Vista established a Business Improvement
Area on November 16, 1971, which created the Chula Vista Downtown Business Association
("DBA"); and
WHEREAS, the DBA has requested the temporary closure of Third Avenue between "D" and
"I" Streets, "If' Street between Second and Fourth Avenues, and all other east-west streets that
intersect Third Avenue between "D" and "f' Streets to the nearest point of detour to Third Avenue
to conduct the 44th annual Starlight Parade on Saturday, December 2, 2006 from 1-10 p.m.;
WHEREAS, the DBA has requested a waiver of the City's prohibition on sidewalk sales so
that the DBA can conduct the 2006 Starlight Parade; and
WHEREAS, the DBA has also requested a waiver of the Business License Tax for
promotional events for the DBA and vendors participating in the 2006 Starlight Parade;
WHEREAS, the Starlight Parade has been a Downtown and City tradition for 44 years and
the City Council finds that the parade is a benefit to the Co=unity;
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that the
project qualifies for a Class 4 categorical exemption pursuant to Section 15304( e) of the State CEQA
Guidelines. Thus, no further environmental review is necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby approve the closure of Third Avenue between "D" and "f' Streets, "H" Street between
Second and Fourth Avenues, and all other east-west streets that intersect Third Avenue between "D"
and "f' Streets to the nearest point of detour to Third Avenue to conduct the annual Starlight Parade
on Saturday, December 2, 2006 from 1 - 10 p.m.
BE IT FURTHERRESOL VED that the City Council of the City ofChula Vista approves the
requested waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the 2006
Starlight Parade.
5-15
BE IT FURTIIER RESOLVED that the City Council of the City ofChula Vista approves the
requested waiver of the City's Business License Tax for the Downtown Business Association and all
vendors participating in the 2006 Starlight Parade on December 2, 2006.
u:;fz1$
Director of Communications
Approved as to fo~
V~ ':-.1 It
Ann Moore
City Attorney
5-16
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND CHULA VISTA DOWNTOWN
BUSINESS ASSOCIATION FOR SPECIAL EVENTS FOR 2006
AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT
WHEREAS, the City Council of the City ofChula Vista established a Business Improvement
Area on November 16, 1971, which created the Chula Vista Downtown Business Association
("DBA"); and
WHEREAS, the Agreement outlines the duties of the DBA for each of the Special Events
planned for 2006;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby approve the Agreement between the City of Chula Vista and Chula Vista Downtown
Business Association for Special Events for 2006, 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 ofChula Vista is hereby
authorized to execute the Agreement for and on behalf of the City of Chula Vista.
~v
se
Director of Communications
Appro;:ed as to ~ by
~/'--"'~ a L-;:b-
Ann Moore
City Attorney
5-17
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
'--C.f,' A , fL,{'", _ ~';6-
Ann Moore -
City Attorney
Dated: t1 !~to IR
Agreement between the City of Chula Vista and Chula Vista Downtown
Business Association for Festival Cinco de Mayo, Lemon Festival and
Annual Starlight Parade
5-18
AGREEMENT
Between the CITYOF ClillLA VISTA, a California municipal corporation and
CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION for
SPECIAL EVENTS IN 2006
Recitals
A. The Chula Vista Downtown Business Association (DBA) plans to stage three
Special Events in 2006.
B. These Special Events are the Cinco de Mayo Celebration, which will take place
on Saturday, April 30, 2006, the Lemon Festival, which will take place on August 13,
2006, and the Starlight Parade, which will take place on December 2, 2006.
C. The DBA wishes to close Third Avenue and portious of other streets for these
three Special Events.
Al1Ieement
1. DBA's Duties
DBA shall perform each of the duties described in Attachments A, B and C,
attached to this Agreement and incorporated into this Agreement by this reference.
2. Duties of the City
City Communications Staff (Staff) shall work closely with DBA to facilitate the
planning and staging of each Special Event. Staff shall coordinate two meetings between
various City Departments and DBA to discuss a1llogistics, requirements, Concerns and
issues of both the City and DBA. Staff shall promote each Special Event in City
publications and on the City's website. Staff shall create an emergency contact list for
each Special Event.
3. Term
This Agreement is effective upon the execution of the Mayor and expires on
December 31, 2006.
4. Termination of Agreement
If DBA fails to fulfill, in a timely and proper manner, any of DBA's obligations
or duties under this Agreement, or if DBA violates any of the covenants, agreements or
stipulations of this Agreement, City has the right to terminate this Agreement by giving at
5-19
least five (5) days written notice to DBA of the termination before the effective date of
the termination.
5. Assignability
DBA shall not assign or transfer any interest in this Agreement without prior
written consent of City.
6. Independent Contractor
.
DBA and any of the DBA's agents, employees or representatives are, for all
purposes under this Agreement, independent contractors and shall not be deemed to be
employees of City, and none of them shall be entitled to any benefits to which City
employees are entitled including but not limited to, overtime, retirement benefits,
worker's compensation benefits, injury leave or other leave benefits.
7. Insurance
DBA represents that it and its staff and agents employed by it in
connection with the 2006 promotional events are protected against the risk of loss by the
insurance coverage outlined in Attachments A, B, and C, Duties of DBA, including
naming the City, it officials, officers, agents, employees and volunteer as additional
insured.
8. Hold Harmless
DBA agrees to defend, indemnify and hold harmless the City, its elected
and appointed officials, officers, agents and employees pursuant to the
Group/Organization Waiver and Release of Liability executed by DBA Special Events
Manager.
9. Notices
All notices to be given pursuant to this Agreement must be in writing. All notices
to be sent to any party shall be deemed to have been properly given or served if
personally served or deposited in the United States mail, addressed to such party, postage
prepaid, registered or certified, with return receipt requested, at the addresses identified in
this Agreement as the places of business for each of the parties.
10. Entire Agreement/Amendments
This Agreement, together with Attachments A, B, and C, the Group/Organization
Waiver and Release of Liability, and any other written document referred to or
contemplated in this Agreement embody the entire Agreement and understanding
between the parties. Neither this Agreement nor any attachment or provision may be
amended or modified except in writing executed by each party to the Agreement.
5-20
11. Capacity of Parties
Each signatory and party to this Agreement warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions or other actions have been taken so as to enable it
to enter into this Agreement.
Executed this _ day of
,2006 in the City ofChula Vista, California.
CVDBA
CITY OF CHULA VISTA
/\ r.J. t ~
BY:~. J<4tl
.. 7
By:
Steve Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form by:
Ann Moore, City Attorney
5-21
CITY COUNCIL AGENDA STATEMENT
Item: cO
Meeting Date: 3/28/06
ITEM TITLE: Resolution authorizing the City's purchasing agent to increase an existing
purchase order by $125,000 with RBF Consulting for municipal planning
services for the remainder of the fiscal year.
SUBMITTED BY: Director of Planning and BUilding,~
/1 ..-,t
REVIEWED BY: City Manager if tM. j/ f\ (4/5ths Vote: Yes_ No-X)
The eXlstlDg agreement with RBF Consulting is for professional planning services for the
Development Services section of the Planning and Building Department. This has provided the
department with the ability to handle short-term increases in planning application filings without
hiring additional permanent City staff. The consulting planners are primarily assigned to planning
applications with full cost recovery agreements so that the applicants will pay all costs associated
with the contract. Due to a greater than anticipated volume of work this fiscal year the budgeted and
purchase order amount will soon be exceeded and need to be amended so that RBF Consulting can
continue to provide this service until the end of the fiscal year.
RECOMMENDATION:
That the City Council adopts the Resolution authorizing the City's purchasing agent to increase an
existing purchase order by $125,000 with RBF Consulting for municipal planning services for the
remainder of the fiscal year.
DISCUSSION:
1. Background
In 2004, the volume of applications for discretionary permits processed by the Development Services
section had become so great that the professional planning staff was being overwhelmed. Rather
than hire new staff for what appeared to be a temporary influx of applications, the Planning &
Building Department proposed contracting with RBF Consulting for that company to provide case
planners on an as-needed basis. That agreement has worked well for the department. RBF staff has
excellent experience with apartment condominium conversions and has been assigned several of
these proj ects.
In addition to those applications, RBF was asked to provide assistance with the master planning for
the Palomar Gateway project area as two developers sought to develop vacant and underdeveloped
properties in this area in anticipation of, and reliance upon, the recently adopted General Plan
6-1
Page 2, Item No.:
Meeting Date:
/'
;:,
3/28/06
Update. This master planning effort was not anticipated as part of the original work assignment for
RBF, and has added over $70,000 in billings and payments to their existing purchase order.
2. Analysis
The purpose of the new purchase order is to enable the Planning and Building Department to have no
service interruptions to our customers when there are spikes in workload. We will continue to
evaluate the department long-term workload in order to determine when additional permanent staff is
needed rather than reliance upon consultants.
.
The proposed increases in the budget for the Planning and Building Department will allow RBF
Consulting to continue to provide service to the City of Chula Vista without impacting the general
fund. All costs associated with application processing by RBF will be paid by applicants who have
entered into full cost recovery agreements as part of their applications. The Planning and Building
Department has found this service to be invaluable at a time when applications for such items as
condominium conversions and wireless communication facilities have been plentiful. The additional
service has allowed department staff to provide quality information and support to the public and
other departments, including the City Council.
FISCAL IMP ACT: Since all costs associated with the services provided by RBF Consulting are
covered by full cost recovery agreements with applicants, there is no impact to the City's general
fund. No additional appropriation is requested.
J:\PlanningJohnS\StaffReportSlCC\2006\RBF PO Amendment Rl.doc
.
6-2
RESOLUTION No. 2006
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY'S PURCHASING AGENT TO INCREASE AN
EXISTING PURCHASE ORDER $125,000 WITH RBF CONSULTING FOR
MUNICIPAL PLANNING SERVICES FOR THE REMAINDER OF THE
FISCAL YEAR.
WHEREAS, the City utilizes contract services for periodic upsurges in planning
applications to help balance workload and assure timely customer service; and
WHEREAS, the City has a multi-year contract with RBF Consulting to provide
said services, as approved in Council Resolution 2004-132; and
WHEREAS, Planning & Building Department has available budget to cover this
requested amendment and, therefore, requires no additional budget appropriation; and
WHEREAS, the revenue covering the expenditures will come from applicants
who have entered into a full cost recovery agreement for the processing of their
applications; and
WHEREAS, the City's purchasing agent requires Council approval to amend the
existing purchase order, in accordance with City procurement policy.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista does
hereby authorize the City's purchasing agent to increase an existing purchase order
$125,000 with RBF Consulting for municipal planning services for the remainder of the
fiscal year.
Presented by
Approved as to form by
J. D. Sandoval
Planning & Building Director
~~
Ann Moore
City Attorney
JlPlanning\JohnS\Staff Reports\CC\2006\RBF Reso 3-14-06
6-3
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This message is not tlagged, [ Fj~1(J I'iess\i~:e - H;:,rk d',; ,-1,-t"ear1 j
Date:
1\1on, 27 fv1ar 2006 22 38:48 0800 \ PST;
From:
"Kim Grown" <kim4grumpy:(j'y'ahoo.com> ,I ...,drl to ;~(jdr,"ss Bcok
Subject: Sunhn\'V Villas Condo Conve:'s\on
To; steptlenpadill;J,:o'chulavlstaca .Ol)\,'
Dear Mayor Padilla,
I am writing on behalf of myself and my husband, Greg
Brown. We are very concerned that the final approval
of the Sunbow Villas condominium conversion project
has been removed from the agenda of the Chula vista
City Council several times recently. Let me fill you
in on what has happened with us personally in the last
few months.
In late October of 2005, we decided it was time to
downsize by selling our home of twenty-eight years in
Otay Mesa. With retirement in the not too distant
future, it was a good time to move to Chula vista to a
two bedroom condominium home. We visited the models
at Sunbow, along with two other condominium sites, but
felt very "at home" and comfortable at Sunbow.
We decided to attend the Phase II release with the
intent of securing a ground level two bedroom unit.
At 7:30 a.m. on the Saturday of the release in
mid-November, we were among the first to be waiting
outside the sales center. We filled out our
preliminary paper work and waited for the opportunity
to choose our unit. Someone else got the one we
wanted, but thankfully for us, they decided not to
take it. We felt as if the fates had stepped in so we
could get just the exact unit of our choosing. First
American has $3,000 of our money in an escrow account
which actually can't be opened because the project
only has a preliminary approval with the City Council
and the California Department of Real Estate.
We are by no means wealthy, Mayor Padilla, so in order
to make the purchase, we had to sell our house and put
the proceeds toward the purchase of our condo. We
were told by the sales staff at Sunbow that the condos
would be ready to close escrow and ready for occupancy
by the end of February. At the time, February seemed
way off in the future.
search the Web
Printabie 'lie\^,'
Add t>1otil!e Alert
Our house sold to the very first buyer. Escrow closed
rather quickly and we had to "rent back" our own home
for the month of February. Of course that would not
be a problem because we had been told the condo would
be ready by then.
We were never told when meeting with the sales people
that there was any sort of problem with permits from
the City of Chula Vista. That information didn't come
our way until we had already committed to the sale of
our home and the pruchase of a condo (and money had
exchanged hands). All of a sudden we were told about
gas lines needing to be redone. Also were never told
that there was a significant delay in the final
approval of the plan for Sunbow Villas.
Since we had no place to go at the end of February,
Pacifica Sunbow LP put us into one of the empty two
bedroom units. We are living among stacks of unpacked
boxes. We have only been given a 90 day lease for
this unit (yes, we are paying rent), which will lapse
before the end of May. If the City Council doesn't
approve the plan for Sunbow villas soon, we will have
no place to live. We are in limbo, if you will.
What exactly is holding up what is supposed to be
simply a "rubber stamp approval"? Why are people like
us being penalized? We need your help, Mayor Padilla.
We are not the only people certainly who are being
affected by this situation.
We realize that the City of Chula vista has many
important business matters to attend to, but this
matter is a grave one to our family as well as others
who are attempting to purchase here at Sunbow. Please
do everything you can to get this approval on the
agenda at the next meeting in one week.
We are counting on your help in this matter since our
hands are tied and we have nobody who seems to care
about our predicament. If you have any questions you
would like to ask us, please call (619) 623-3241.
Both my husband and I are Chula Vista Elementary
School District employees and are home by 3:30 p.m.
each weekday.
Thank you for your attention, Mayor Padilla I
Greg and Kim Brown (hopeful owners of #133)
744 East Naples Court #185
Chula Vista, CA 91911
Oelete
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Copynght 2006 '1_-: Yahoo' Inc. PII'.!8C"; FOHCV I :A!'llS of SPf;ll~t I Sen,l FeBdb;Kk I Help
-=Pul>\~c. COlM>'V\eM
Monica Hernandez
35 East L Street
Chula Vista, CA 91911
619.934.9988
rnoni cal, d' hernandcz.nct
March 28, 2006
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Council
Comprehensive Traffic Safety Program
Traffic Bureau
Patrol Division
CC: Mayor, Stephen C. Padilla
To Whom It May Concern:
Back in October 2006, I attended a City Council Meeting and addressed my traffic concerns in the
vicinity of Hazel Goes Cook Elementary located at 875 Cuyamaca. Since that meeting I have
personally received various telephone calls from different traffic departments including Officer
Scott, our School Resource Officer, offering their assistance in the matter. In addition, the School
Principal also had various contacts with traffic departments and Officer Scott in an effort to control
and solve the traffic dangers from drivers surrounding the school.
My intention today is to thank aU the parties involved in the modification to the street.
I am very grateful to the City Council, City of Chula Vista and all involved in Traffic & Patrol
Division for the following safety measures implemented:
. Stop sign placed in the intersection of Cuyamaca and Palomar Dr.
. No U-Tum signs during school days and hours installed.
. Double "double lines" in front of the school to avoid U- Tums
. Fluorescent Pedestrians Yield Signs installed
The school continues its effort to maintain the safety by training and retraining the Safety Patrol
Students, the placement of cones at strategic locations every morning, and a parent volunteer
placing "Children at Play" signs indicating a 25 MPH speed limit.
Below you will fmd sample pictures of the above changes.
I
Again, thank you for all of your assistance and attention to this matter. I feel comfortable and safer
knowing that my children's safety was also of your concern and was immediately addressed.
Sincerely,
---.
2
3
PAGE 1, ITEM NO.:
MEETING DATE:
-:"
03/28/06
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE
CITY OF CHULA VISTA, THE GAS TECHNOLOGY INSTITUTE AND
THE CENTER FOR ENERGY STUDIES AT SAN DIEGO STATE
UNIVERSITY, IN A PARTNERSHIP TO ESTABLISH AND TO OPERATE
THE NATIONAL ENERGY CENTER FOR SUSTAINABLE
COMMUNITIES, AND AUTHORIZE THE MAYOR TO SIGN SAID
AGREEMENT
SUBMITTED BY: ASSISTANT CITY MANAGER!
COMMUNITY DEVELQ MENT DIRECTOR
REVIEWED BY: CITY MANAGER ,/
/
4/5THS VOTE: YES D NO 0
BACKGROUND
Consistent with the Mayor ond City Council's vision to establish a collaborative university campus
with a strong research component, the City has been selected as the permanent site for the U.S.
Department of Energy sponsored National Energy Center for Sustainable Communities research
institute (NECSC).
Upon execution of this Memorandum of Agreement (MOA) the City will partner with the Gas
Technology Institute and the Center for Energy Studies at San Diego State University (SDSU) to
establish and operate the NECSe. The execution of the MOA will also initiate the necessary planning
and fundraising activities for construction of the permanent research facility at the University Park
and Research Center.
RECOMMENDATION
Council adopt the resolution approving the Memorandum of Agreement between the City of
Chula Vista, the Gas Technology Institute and the Center for Energy Studies at San Diego State
University to establish and to operate the National Energy Center for Sustainable Communities,
and authorize the Mayor to sign said agreement.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
7-1
PAGE 2, ITEM NO.:
MEETING DATE:
-,:7
,
03/28/06
DISCUSSION
In 2004 the Gas Technology Institute (GTI) began a selection process to identify a site for the
establishment of a U.S. Department of Energy sponsored research institute - the National Energy
Center for Sustainable Communities. GTI, a non-profit corporation, is the leading natural gas
research, development and training organization dedicated to meeting the nation's energy and
environmental challenges through technology-based solutions for consumers, industry, and
government. During the site selection process, City staff worked closely with GTI to refine the
research center concept and promote Chula Vista's University Park and Research Center as the
ideal location for the institute.
As the result of the City's collaborative work with GTI and the US Department of Energy, Chula
Vista has been selected as the site for the permanent U.S. NECSC research facility.
In addition, the City of Chula Vista has been asked to partner with GTI and San Diego State
University's Center for Energy Studies in the administration of the NECSC and to partner in a
series of ongoing research projects that will showcase the community's commitment to
sustainable community development. The three partners will co-administer the NECSC, and the
NECSC will conduct a two-year capital campaign to fund the construction of the permanent
40,000 square foot facility in the University Park and Research Center in Chula Vista.
Today, we are pleased to present the attached Memorandum of Agreement, which sets forth the
responsibilities of the Gas Technology Institute, the City of Chula Vista and the Center for Energy
Studies at San Diego State University, in a partnership' to establish and to operate the National
Energy Center for Sustainable Communities.
Memorandum of Agreement Highlights
National Enerav Center for Sustainable Communities
The NECSC will pursue initiatives within the context of four focus areas: 1) primary and applied
research; 2) professional education and training; 3) technology and management practice
demonstration; and 4) the capital campaign to construct a permanent NECSC building and
demonstration site in Chula Vista, California.
Primary & Applied Research
NECSC will conduct primary research that advances our understanding of how emeraina energy
technologies, building materials and methods can be employed to produce low-impact
residential, commercial, industrial and institutional developments in our communities.
The NECSC will olso conduct applied research that examines technological, economic, social and
institutional barriers that prevent use of existina energy-efficient technologies, materials and
7-2
.
PAGE 3, ITEM NO.: 7"
MEETING DATE: 03/28/06
management practices and conduct research that produces solutions to those barriers. Research
initiatives will include those that:
. Generate commercially viable energy technology and community development options
that optimize efficiency, reduce peak demand and improve grid utilization
. Estimate impacts of the optimal mix of energy efficiency, renewoble energy, combined
heat and power (CHP), and demand response technologies on greenhouse gas (GHG)
emissions
. Explore financial and business models and public policies and incentives to accelerate
deployment of renewable and energy-efficient technologies
. Develop technology integration and deployment strategies that enable progress toward
meeting renewable portfolio and energy efficiency standards
. Produce engineering, design and decision support tools for professionals
. Produce primers on renewable and energy-efficient technologies for residential,
commercial, industrial and institutional structures and district energy systems
Education & T rainina
NECSC will develop and disseminate education and training materials and courses for public
planners and building officials and for private developers and builders that enhance their
capacity to design and construct more energy-efficient communities. The courses will be
designed for delivery at both professional trade conferences and expos, on-site in development
agency or company offices, and ultimately at the permanent NECSC facility in Chula Vista.
Technoloav & Manaaement Practice Demonstration
NECSC will collaborate with Federal, State, regional and local government agencies, companies
and utilities to create a national, community-scale demonstration site for energy-smart community
development. The initiative will entail the creation of multiple integrated energy technology and
alternative community development projects in the City of Chula Vista. These will include
residential, commercial, industrial, institutional and mixed-use proiects located in greenfield,
brownfield and greyfield development sites. The projects on these sites will represent the diversity
of development types and locations common to communities across California and the nation.
In addition to new development and redevelopment sites, NECSC will establish advanced
technology and management practice demonstration sites at the City's solid waste and water
quality (waste and potable water) management facilities and in individual municipal buildings.
Taken together, these demonstration initiatives will establish the City of Chula Vista as the first
community-scale incubation laboratory and demonstration site in the nation.
7-3
PAGE 4, ITEM NO.:
MEETING DATE:
7
/
03/28/06
NECSC Facility CaDital CamDaian
NECSC will execute a 24-month capital campaign to design and construct a permanent building
to house its operations and to deliver its services. The campaign will set a goal of $10 million to
build a 40,000 square foot building. The San Diego State University Research Foundation will
serve as the legal entity that will accept contributions on behalf of the NECSe's capital campaign.
The building will be located in the University Park and Research Center now being developed on
the Otay Ranch in Chula Vista. The building will be designed as a LEED-Gold or better structure
and will showcase advanced renewable energy and energy-efficiency technologies and resource
conservation strategies. In addition to housing the NECSC offices, the facility will include public
information exhibits, a research library, training workshop and conference rooms, and distance
learning technologies to provide its courses and conferences to community development
professionals across the State and ultimately around the world. The NECSC will also be the
point-of-departure for the tour of demonstration projects across the City.
The campaign will begin with the formulation of a media package and video that will feature
interviews with experts in energy, environmental management, planning and development and
representing public and private organizations in the City, the State and from across the nation.
An executive fund raising committee will be established and staffed with assistance from GTI and
other supporting organizations.
Administrative Arranaements
. Administrative Home
During the initial 2-3 years of operation, the NECSC will be structured as a university-based
research, training and demonstration collaborative that will be located at San Diego State
University. The Center for Energy Studies at SDSU will serve as the administrative home of the
NECSC during this period.
Once the permanent Center building is completed (anticipated in fourth quarter of 2008) the
collaborative will relocate to Chula Vista and begin full operations. At that time, the NECSC will
be established as a formal legal entity under the IRS code 501 (c)3 for not-for-profit
organizations.
. Operation, Staffing & Management
The NECSC will operate as: a broker of research, training and demonstration projects among
sponsors and sub-contract organizations; as a general contractor for brokered proiects; and as a
fund raiser for the permanent Center building in Chula Vista. All project funds awarded to and
executed by the NECSC will be in the name and to the credit of the host university - the "National
Energy Center for Sustainable Communities at San Diego State University."
7-4
PAGE 5, ITEM NO.:
MEETING DATE:
"7'
03/28/06
For the first two years of operation the NECSC will have no full-time staff members but will rely
upon support services provided by the Gas Technology Institute, located near Chicago, Illinois
and the City of Chula Vista. Three administrators, one each representing GTI, the City of Chula
Vista and the CES at SDSU will manage the NECSe. Upon approval of the attached
memorandum, the City of Chula Vista's administrator will be the Citys Economic Development
Manager. In addition to this joint management team, an Advisory Committee will be established
consisting of relevant subject matter experts and senior representatives from federal, state,
regional and local government agencies.
The Mayor of Chula Vista and the Deputy Assistant Secretary for Policy and International Affairs
at U.S. DOE will be asked to serve as the first Ex-Officio members of the Committee.
Global Enerav Network
To advance its mission globally, the NECSC will support the U.S. Department of Energy's Office
of Policy and International Affairs (U.S.DOE/OPI) in establishing the Global Energy Network for
Sustainable Communities. The Network is an emerging affiliation of organizations that will
pursue similar initiatives in their countries while collaborating with other affiliates to develop tools
and resources, identify best practices and engage in joint research.
Partners
Gas Technoloay Institute IGTI\
GTI is the leading natural gas research, development and training organization dedicated to
meeting the nation's energy and environmental challenges through technology-based solutions
for consumers, industry, and government. GTI, a non-profit corporation, is located in Des
Plaines, Illinois and its research focuses on expanding energy supplies, reducing energy delivery
costs, increasing end-use efficiencies and developing advanced, clean energy systems. GTI's
Globol Energy Center for Sustainable Communities (GEC) assists U.S. communities in the
adoption and integration of efficient energy technologies and sustainable resource management
practices in their development projects and daily operations. In addition, the GEC helps qualified
organizations in other nations pursue this mission for their communities while facilitating resource
exchanges and collaborative projects among them. The GEC and its Global Energy Network of
collaborating organizations is a partnership initiative with the U.S. Department of Energy.
Center for Enerav Studies at San Dieao State University ICES at SDSU)
The CES was founded in 1981 to facilitate, promote and support research and academic
programs relating to the study of energy and its impact on society. The CES is located at San
Diego State University in San Diego, California. The Center has a special emphasis on issues of
concern to the greater San Diego region, including the border region with Mexico. The Center
provides a forum for faculty, students and researchers from different disciplines to cooperate in
the study of matters relating to the technical, economic and environmental aspects of energy use,
with a special focus on sustainable and renewable energy systems. The CES has received funding
7-5
PAGE 6, ITEM NO.: 7
MEETING DATE: 03/28/06
from the Colifornia Energy Commission, the Southwest Consortium for Environmental Research
and Policy and the San Diego Association of Governments.
FISCAL IMPACT
Approval of the Memorandum of Agreement will not result in any direct fiscal impact on the City's
budget. Staff time and expenses associated with the establishment and administration of the
NECSC will be managed within current budgets.
ATTACHMENTS
a. Memorandum of Agreement
J,\COMMDEV\STAFF.REP\2006\03.28-06\NECSC AGENDA STATEMENT - COUNCIL.doc
7-6
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, THE GAS TECHNOLOGY
INSTITUTE AND THE CENTER FOR ENERGY STUDIES AT SAN
DIEGO STATE UNIVERSITY, CREATING A PARTNERSHIP TO
ESTABLISH AND TO OPERATE THE NATIONAL ENERGY
CENTER FOR SUSTAINABLE COMMUNITIES, AND AUTHORIZE
THE MAYOR TO SIGN SAID AGREEMENT
WHEREAS, the City of Chula Vista will partner with the Gas Technology Institute and the
Center for Energy Studies at SDSU to establish and operate the NECSC.
WHEREAS, the execution of the MOA will initiate the necessary planning and fundraising
activities for construction of the permanent research facility at the University Park and Research
Center it Chula Vista; and,
WHEREAS, GTI is the leading natural gas research, development and training organization
'dedicated to meeting the nation's energy and environmental challenges through technology-based
solutions for consumers, industry, and government; and,
WHEREAS, the CES was founded in 1981 to facilitate, promote and support research and
academic programs at SDSU relating to the study of energy and its impact on society; and,
WHEREAS, the three partners will co-administer the NECSC while the NESCS conducts a
two-year capital campaign to fund the construction of the permanent 40,000 square foot facility in the
University Park and Research Center in Chula Vista; and,
WHEREAS, the Economic Development Manager will act on behalf of the City on the
NECSC management team; and,
WHEREAS, the NECSC will pursue initiatives within the context of four focus areas:
1) primary and applied research; 2) professional education and training; 3) technology and
management practice demonstration; and 4) the capital campaign to construct a permanent NECSC
building and demonstration site in Chula Vista; and,
WHEREAS, NECSC will develop and disseminate education and training materials and
courses for public planners and building officials and for private developers and builders that
enhance their capacity to design and construct more energy-efficient communities.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chula Vista do
hereby approve the Memorandum of Agreement between the City of Chula Vista, the Gas
Technology Institute, and the Center for Energy Studies at San Diego State University to establish
and to operate the National Energy Center for Sustainable Communities, and authorize the Mayor to
sign said agreement.
P resented by
Approved as to form by
Dana M. Smith
Asst. City Manager I
Community Development Director
J:\COMMOEV\RESOS\2006\03-28-06\NECSC-MOA.doc
7-7
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
,~k{4~"'a4 /!u4
City Atto y
Dated:
3 /d-./ /D?>
,
Memorandum of Agreement between the Gas Technology Institute, the City
ofChula Vista, and the Center for Energy Studies at San Diego State
University, in partnership to establish and operate
the National Energy Center for Sustainable Communities
7-8
ATTACHMENT A
Memorandum of Agreement
This Memorandum of Agreement sets forth the responsibilities of the Gas Technology
Institute, the City of Chula Vista, California and the Center for Energy Studies at San
Diego State University, in a partnership to establish and to operate the National Energy
Center for Sustainable Communities.
Back!!round
Gas Technologv Institute (GTI):
GTI is the leading natural gas research, development and training organization dedicated
to meeting the nation's energy and environmental challenges through technology-based
solutions for consumers, industry, and government. GTI is located in Des Plaines, Illinois
and its research focuses on expanding energy supplies, reducing energy delivery costs,
increasing end-use efficiencies and developing advanced, clean energy systems. GTl's
Global Energy Center for Sustainable Communities (GEC) assists U.S. communities in
the adoption and integration of efficient energy technologies and sustainable resource
management practices in their development projects and daily operations. In addition,
the GEC helps qualified organizations in other nations pursue this mission for their
communities while facilitating resource exchanges and collaborative projects among
them. The GEC and its Global Energy Network of collaborating organizations is a
partnership initiative with the U.S. Department of Energy.
City ofChu1a Vista. California:
Chula Vista is San Diego County's second largest municipality with a popu1ation of just
over 200,000. The City is located 7 miles ITom downtown San Diego and 7 miles ITom
the busiest international border crossing in the world; Chula Vista is the crossroads of the
San Diego/Baja region. The community's geography is highly varied, ITom coastal
shoreline in the west to the San. Miguel Mountains in the east. It has established
neighborhoods and contemporary master planned communities, start-up firms and
corporate giants, nationally recognized sports and entertainment venues, and a vital
central business and administrative district. The community is one of the fastest growing
in southern California and a large portion of this growth will be concentrated on a 6,000-
acre parcel of land that is currently being planned as a model sustainable community.
This new cornmunity will support a population of 70,000+ persons with a diversity of
residential, commercial, industrial and institutional structures and enterprises.
Center for Energy Studies at San Diego State University (CES at SDSU):
The CES was founded in 1981 to facilitate, promote and support research and academic
programs relating to the study of energy and its impact on society. The CES is located at
San Diego State University in San Diego, California. The Center has a special emphasis
on issues of concern to the greater San Diego region, including the border region with
Mexico. The Center provides a forum for faculty, students and researchers ITom different
disciplines to cooperate in the study of matters relating to the technical, economic and
environmental aspects of energy use, with a special focus on sustainable and renewable
energy systems. The CES has received funding ITom the California Energy Commission,
the Southwest Consortium for Environmental Research and Policy and the San Diego
Association of Governments.
3/06/06
7-9
1
De:fmitions
Community refers to urban and rural settlements defined by geo-political boundaries or a
group of proximate settlements comprising a "community of interest."
Sustainable Development refers to practices that improve a community's economy,
environment and quality of life in ways that meet the needs of current residents while
conserving resources and opportunities for future generations.
Sustainable Energy is energy saved through efficient end-use practices or derived from
renewable energy resources such as solar, wind, biomass, geothermal, and low-impact
hydroelectricity.
Clean Energv Technologies are those energy supply or end-use technologies that,
compared with technologies already in commercial use, emit substantially lower levels of
greenhouse gases and other pollutants over their life cycle and generate substantially
smaller or less toxic volumes of solid or liquid wastes. Clean energy technologies include
those that allow the production, transport, storage and use of fossil energy resources with
relatively high efficiency and relatively low impact on the environment.
Sustainable Communitv Energy Development (SCED) integrates sustainable energy,
clean energy technologies and responsible resources management strategies into
development projects that build economically, socially and environmentally healthy
communities.
National Energy Center for Sustainable Communities
.
The National Energy Center for Sustainable Communities (NECSC) will be dedicated to
advancing the development of economically vital and environmentally healthy
communities through the efficient and responsible use of energy resources.
NECSC wi11 execute this mission through collaborative initiatives among Federal, State,
regional and local government agencies, companies, utilities, universities and other
organizations in communities across California and around the nation. These initiatives
are intended to accelerate the integration of renewable resources and cleaner, more
efficient energy technologies and strategies into municipal infrastructure and operations
and in industrial, commercial and residential development projects. The NECSC will
pursue these initiatives within the context of four focus areas - primary and applied
research; professional education and training; technology and management practice
demonstration; and the capital campaign to construct a permanent NECSC building and
demonstration site in Chula Vista, California. Each focus area is described below along
with a brief outline of the NECSC administrative arrangements.
Primary & Applied Research
.
NECSC wi11 conduct primary research that advances our understanding of how emerging
energy technologies, building materials and methods can be employed to produce low-
impact residential, commercial, industrial and institutional developments in our
communities.
3/06/06
7-10
2
This research will emphasize a holistic, interdisciplinary approach to structural,
mechanical, civil and electrical engineering and materials sciences that facilitate the
design of energy-efficient and environmentally benign structures, municipal
infrastructure and processes. The NECSC will also conduct applied research that
examines technological, economic, social and institutional barriers that prevent use of
existing energy-efficient technologies, materials and management practices and research
that produces solutions to those barriers. Research initiatives will include those that:
· Generate commercially viable energy technology & community development
options that optimize efficiency, reduce peak demand & improve grid utilization
o Applicable to greenfield, brownfield and greyfield development sites
· Estimate impacts of the optimal mix of energy efficiency, renewable energy, CHP
& demand response technologies on greenhouse gas (GHO) emissions
· Explore financial & business models and public policies and incentives to
accelerate deployment of renewable & energy-efficient technologies
· Develop technology integration and deployment strategies that enable progress
toward meeting renewable portfolio & energy efficiency standards
. Produce engineering, design & decision support tools for professionals
· Produce primers on renewable and energy-efficient technologies for residential,
commercial, industrial & institutional structures and district energy systems
Education & Training
NECSC will develop and disseminate education and training materials and courses for
public planners and building officials and for private developers and builders that
enhance their capacity to design and construct more energy-efficient communities. The
courses will be designed for delivery at both professional trade conferences and expos,
on-site in development agency or company offices, and ultimately at the permanent
NECSC facility in Chula Vista. Course subjects will include: energy-smart community
planning, design and development; energy-efficient green-building technologies;
innovative finance and govemance for sustainable community energy development; and
sustainable municipal energy and resource management.
Technologv & Management Practice Demonstration
NECSC will collaborate with Federal, State, regional and local government agencies,
companies and utilities to create a national, community-scale demonstration site for
energy-smart community development. The initiative will entail the creation of multiple
integrated energy technology and altemative community development projects in the City
of Chula Vista, California. These will include residential, commercial, industrial,
institutional and mixed-use projects located in greenfield, brownfieId and greyfield
development sites. The projects on these sites will represent the diversity of development
types and locations common to communities across California and the nation.
3/06/06
7-11
3
In addition to new development and redevelopment sites, NECSC will also establish
advanced technology and management practice demonstration sites at the City's solid
waste and water quality (waste and potable water) management facilities and in
individual municipal buildings. Taken together, these demonstration initiatives will
establish the City of Chula Vista as the first community-scale incubation laboratory and
demonstration site in the nation.
.
NECSC Facility Capital Campaign
NECSC will execute a 24-month capital campaign to design and construct a permanent
building to house its operations and to deliver its services. The campaign will set a goal
of $10 million to build a 40,000 square foot building. The San Diego State University
Research Foundation will serve as the legal entity that will accept contributions on behalf
of the NECSC's capital campaign.
The building will be located in the University Park and Research Center now being
developed on the Otay Ranch in Chula Vista. The building will be designed as a LEED-
Gold or better structure and will showcase advanced renewable energy and energy-
efficiency technologies and resource conservation strategies. In addition to housing the
NECSC offices, the facility will include public information exhibits, a research library,
training workshop and conference rooms, and distance learning technologies to provide
its courses and conferences to community development professionals across the State and
ultimately around the world. The NECSC will also be the point-of-departure for the tour
of demonstration projects across the City.
The campaign will begin with the formulation of a media package and video that will
feature interviews with experts in energy, environmental management, planning and
development and representing public and private organizations in the City, the State and
from across the nation. An executive fundraising committee will be established and
staffed with assistance from GTI and other supporting organizations.
Administrative Arrangements
Administrative Home - During the initial 2-3 years of operation, the NECSC will be
structured as a university-based research, training and demonstration collaborative that
will be located at San Diego State University, in San Diego, Califomia. The Center for
Energy Studies at SDSU will serve as the administrative home of the NECSC during this
period. Given that most NECSC's research, training and technology demonstration
initiatives will be managed offsite; there will be only occasional need for
meeting/workshop space at the university. Once the permanent Center building is
completed (anticipated in fourth quarter of 2008) the collaborative will relocate to Chula
Vista and begin full operations. At that time, the NECSC will be established as a formal
legal entity under the IRS code SOl (c)3 for not-for-profit organizations.
.
Operation, Staffing & Management - The NECSC will operate as: a broker of research,
training and demonstration projects among sponsors and sub-contract organizations; as a
general contractor for brokered projects; and as a fundraiser for the permanent Center
building in Chula Vista.
3/06/06
7-12
4
All project funds awarded to and executed by the NECSC will be in the name and to the
credit of the host university - the "National Energy Center for Sustainable Communities
at San Diego State University".
For the first two years of operation the NECSC will have no full-time staff members but
will rely upon support services provided by the Gas Technology Institute, located near
Chicago, Illinois and the City of Chula Vista. Three administrators, one each representing
GTI, the City of Chula Vista and the CES at SDSU will manage the NECSC. In addition
to this joint management team, an Advisory Committee will be established consisting of
relevant subject matter experts and senior representatives trom federal, state, regional and
local government agencies. The Mayor of Chula Vista and the Deputy Assistant
Secretary for Policy and International Affairs at U.S. DOE will serve as the first
Ex-Officio members of the Committee.
Global EnerIIT Network
To advance its mission globally, the NECSC will support the U.S. Department of
Energy's Office of Policy and International Affairs (U.S.DOElOPI) in establishing the
Global Energy Network for Sustainable Communities. The Network is an emerging
affiliation of organizations that will pursue similar initiatives in their countries while
collaborating with other affiliates to develop tools and resources, identifY best practices
and engage in joint research. Network affiliates will be independently administered and
funded. Eventually, each affiliate will contribute a modest amount to support a secretariat
that will facilitate collaboration between organizations and expand the Network. In the
interim, the NECSC will serve the secretariat role.
Agreements
I. GTI agrees to:
a. Co-administer the NECSC with the City of Chula Vista (CV) & CES/SDSU
b. Collaborate with CV & CES/SDSU in responses to research solicitations
c. Co-manage research projects as sub-contractor to CES/SDSU
d. Collaborate in raising funds for the NECSC Facility Campaign
e. Promote awareness ofNECSC locally, regionally and nationally
f. Collaborate on media initiatives promoting the NECSC & Capital Campaign
2. The City ofChula Vista agrees to:
a. Co-administer the NECSC with GTI & CES/SDSU
b. Collaborate with GTI & CES/SDSU in responses to research solicitations
c. Collaborate in raising funds for the NECSC Facility Campaign
d. Promote awareness ofNECSC locally, regionally and nationally
e. Collaborate on media initiatives promoting the NECSC & Capital Campaign
f. Host the national demonstration site for community-scale energy efficiency
g. Negotiate with the NECSC for a 20-year ground lease, at a nominal fee, for 5
acres ofland in the University Park and Research Center upon which to construct
its building
3/06/06
7-13
5
3. CES at SDSU agrees to:
a. Co-administer the NECSC with GT! & the City of Chula Vista
b. Collaborate with GT! & CV in resporises to research solicitations
c. Collaborate in raising funds for the NECSC Facility Campaign
d. Promote awareness ofNECSC locally, regionally and nationally
e. Collaborate on media initiatives promoting the NECSC & Capital Campaign
f. Serve as Prime Contractor and financial manager for NECSC research projects
Additional Provisions
1. Nothing in this agreement will be construed as a specific commitment of funding
by GT!, the Council of the City ofChula Vista and San Diego State University.
2. This agreement may be modified by addenda, when mutually agreed upon by the
principals of GT!, the City of Chula Vista or San Diego State University.
3. This agreement shall remain in effect for five (5) years from the last date of
signature by the parties. At the expiration of the term, the agreement may be
renewed or renegotiated through a written amendment executed by the parties.
4. Any party may terminate this agreement unilaterally, with 30 days advance
written notice to the other parties. Any and all obligations of the terminating
party will expire on the effective date of termination, with the exception of any
research proj ects that the terminating party entered into prior to termination of the
MOA.
5. Nothing contained in this MOA shall be construed as creating any employee or
agency relationship or other binding legal commitments among the parties.
6. All organizations will identifY a point of contact for ongoing coordination and
communications.
7. Each six months at nummum, the principals will review progress on the
agreements covered in this document and make recommendations on how to
improve the effectiveness of the agreement.
8. This memorandum is non-binding in all respects and cannot and may not be
construed as a commitment of or an approval of a project by any of the parties.
The parties acknowledge that they neither intend to enter, nor have they entered,
into any agreement to negotiate a definitive agreement pursuant to this
memorandum, and any party may, at any time prior to execution of such
defmitive agreement propose different terms from those summarized here or
unilaterally terminate all negotiations without any liability whatsoever to the other
parties. Each party is and will be solely liable for all its own fees, costs and other
expense in conjunction with negotiation and preparation of a final agreement.
3/06/06
7-14
6
44A);J~
Steve Gauthier
Vice President of
Research & Deployment
Gas Tee ology Ins 'tute
ob 66
(~R.u
Thomas R. Scott
Vice President for Research
San Diego State University
7 ~d... ~
Date
3/06/06
Honorable Stephen C. Padilla
Mayor
City of Chula Vista, California
Date
7-15
7
COUNCIL AGENDA STATEMENT
Item: 8
Meeting Date: 03/28/2006
ITEM TITLE:
RESOLUTION ACCEPTING $300,000 FROM THE
U.S. DEPARTMENT OF JUSTICE'S OFFICE OF
COMMUNITY ORIENTED POLICING SERVICES FOR THE
UNIVERSAL HIRING PROGRAM GRANT, ADDING TWO
PEACE OFFICERS AND TWO POLICE AGENTS TO THE
AUTHORIZED STAFFING LEVELS OF THE POLICE
DEPARTMENT AND APPROPRIATING FUNDS
THEREFORE.
SUBMITTED BY:
RESOLUTION AMENDING THE POLICE
DEPARTMENT BUDGET TO ADD A PEACE OFFICER
AND POLICE LIEUTENANT, 3.5 FULL TIME EQUIVALENT
HOURLY STAFF, ADDITIONAL OVERTIME AND BENEFIT
FUNDING, INCREASING THE NUMBER OF AUTHORIZED
OVER HIRE OFFICERS FROM FIVE TO TEN AND
APPROPRIATING FUNDS THEREFORE FROM THE
AVAILABLE BALANCE OF THE GENERAL FUND
Ch;ef of POU~
City Manager;ll ~ V~/5ths Vote: YesLNo ->
REVIEWED BY:
With the completion of the Police Department's strategic business plan, the
department has conducted an extensive needs assessment in order to identify
the resources that the department would need in order to successfully implement
the goals set forth in the strategic plan. As part of that assessment, the
department has been working with staff from the City Manager's Office and
Office of Budget and Analysis to thoroughly review its operating budget to ensure
that the department has sufficient resources to operate at full staffing and
continue to deliver high quality service to the citizens of Chula Vista. The
department is recommending the addition of six sworn positions, additional
funding for overtime and hourly wages as well as a reduction in salary savings.
Included in tonight's recommendations is the appropriation of the remainder of a
Universal Hiring Grant that will partially fund four of the recommended positions.
'3- (
Item: B
Meeting Date: 03/28/2000
RECOMMENDATION: That Council adopt the resolutions and thereby:
· Add a Police Lieutenant, two Police Agents and three Peace
Officers to the authorized staffing levels of the Police Department
· Appropriate $1,700,000 to the fiscal year 2006 Police Department
Personnel Services budget from the available balance of the
General Fund for personnel costs and additional overtime and
benefits costs
· Accept $300,000 from the U.S. Department of Justice's Office of
Community Oriented Policing Services for the Universal Hiring
Program grant and appropriate $83,119 to the fiscal year 2006
Police Department Personnel Services budget based on
unanticipated grant revenues
· Increasing the number of authorized over hire officers from five to
ten
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The Police Department recently completed its second five-year strategic
business plan. The plan identifies major issues the department will face over the
next 3 to 5 years and establishes measurable goals for addressing those issues.
The plan is intended to help guide departmental operations and major funding
initiatives over a 5-year planning horizon. The plan also establishes customer
focused output, outcome, and efficiency measures for all departmental services.
These metrics will allow the department to better demonstrate how budgets are
linked to performance and will improve overall accountability for results both
internally to our employees and externally to our stakeholders. In the near future
the plan will be presented to the Council Public Safety Sub Committee for review
and comment prior to bringing it before the full Council.
As part of the planning process, the department identified a number of new
initiatives that, if implemented, would improve the delivery of police services
throughout the community. During the past several months, the department has
collaborated closely with staff from the City Manager's Office and Office of
Budget and Analysis to establish a phasing plan for these initiatives and to
explore funding options. As part of this review process staff brought forward, and
Council approved, a request for 11 additional patrol officers (fully offset by grant
revenues during the first year) to begin addressing a variety of issues related to
sworn staffing levels and thereby better serve the needs of our growing
community. The graph on the next page helps to demonstrate the difficulties
faced by the department in regards to sworn staffing levels.
Page 2 't - d-
Item: 8,
Meeting Date: 03/28/2006
Police Department Sworn Staffing 2003 - 2006
260
250
240
29
230
(/) 221
OJ
~ 220
0
Q. 210
E
w
200
190
180
170
c... z
c 0
;- <
0 .
Co> 0
Co>
. ---
242
231
231
----241;
-----.---
240
22
219
222
225
----
~---
_____-20
20
197
191[ --
199
3:: c... z 3:: c... z 3:: c... Z
DO C 0 DO C 0 DO Ej 0
... ;- < ... ;- < ... " <
. 0 . . 0 . , 0 .
0 .... 0 0 UI 0 0 en 0
.... .... UI UI en en
I-Authorized -Actual -Actual On-Duty I Projected
The BLUE line represents the number sworn personnel authorized by Council.
This number does not include any over hire positions. The over hire program
(previously approved by Council) allows the department to hire up to 5 additional
officers beyond its actual authorized position count for patrol officers. The over
hire program was designed to help the department maintain full staffing in its
sworn ranks despite routine attrition and lengthy officer training requirements.
The RED line represents the actual number of sworn personnel on payroll. It is
important to note the size of the gap between the blue and red lines over time.
This gap is indicative of the level of potential salary savings that can be realized
by the department. Where no gap exists, no salary savings can be realized.
This gap is discussed in more detail later in the report but for now it is sufficient
to say the department realized significant salary savings from its sworn ranks
prior to May 2005 and very little salary savings since.
The GREEN line represents the actual number of service-ready personnel
available to work full-time as a sworn peace officer. The number of on-duty
personnel will almost always lag behind the number of personnel on payroll for a
number of reasons. The primary factors being:
1) Injuries on Duty
Page 3
7-3
Item: >=;
Meeting Date: 03/28/2006
2) Recruits currently in the Academy or in field training
3) Military Leave
4) Family Medical Leave/Off duty injury
.
The gap between the red and green lines has significant budget implications as
this gap is an indicator of the amount of overtime the department is required to
utilize in order to maintain minimum staffing standards that have been designed
to ensure appropriate patrol coverage and officer safety. Of significant
importance is the rapid increase in this gap during the past two years. From
January 2004 through April 2005 the gap between sworn personnel on payroll
and sworn personnel on-duty increased from 20 officers to 53 officers which
includes 10 officers that were hired in February 2005. Since April 2005 this gap
has fluctuated, but as officers complete their training and go to full duty status,
the gap will narrow to the pre-July 2004 levels by November.
To summarize:
~ The department has been very successful at closing the gap
between authorized and filled positions resulting in:
REDUCED SALARY SAVINGS
.
~ The department is experiencing an unusually large gap between
sworn personnel on payroll and sworn personnel available for
duty resulting in:
INCREASED OVERTIME COSTS
A number of recommendations contained within the department's strategic
business plan have been designed to address these two important issues.
These recommendations include:
~ Increasing sworn and hourly staffing levels,
.
~ Increasing the number of authorized over hire officers from five to ten
~ Increasing the department's overtime and benefits budget, and
~ Decreasing budgeted salary savings.
The department is also recommending a realignment of departmental revenue
projections to better reflect anticipated actual revenues. Each of these
recommendations is discussed in more detail below.
STAFFING
Page 4
7;-+
Item: =:
Meeting Date: 03/28/2006
Beginning last year the Police Department initiated an accelerated hiring process
in an effort to achieve full staffing. As demonstrated by the chart on page 2, this
campaign has been very successful and has resulted in an increase of 18 sworn
officers on payroll since January 2005. During the same time frame vacancies in
the sworn ranks dropped from 9 positions to only 2 positions. Unfortunately, this
successful hiring campaign has not immediately resulted in a corresponding
increase in the number of officers available for duty. In fact, due to a confluence
of circumstances, on-duty staffing levels have fallen to their lowest levels in four
years.
The department continues to be very proactive in responding to this situation.
For example, six Police Agents have been temporarily reassigned from the
Investigative SeNices Division to the Patrol Division. Also, the department
continues to aggressively recruit, hire, and train new officers. There are currently
26 new sworn employees in various phases of training. During this training
phase, these employees cannot be counted as "regular" patrol officers. They are
all paired with a Field Training Officer in order to learn important policing
techniques and department policies prior to being allowed to conduct field
operations on their own. The following chart details the estimated time that new
officers will be released to full duty in the field:
';"1
Februa
March
A ril
Jul
October
November
TOTAL
1
6
5
3
5
6
26
By November 2006 the department anticipates an additional 26
officers will be available for duty, a 13% increase in just 9
months.
These 26 new officers will have a tremendous impact on the department's ability
to handle call for seNice and to maintain the relatively low crime rates that the
City currently enjoys. Additionally, there are several other lateral recruits
currently being considered which would bolster the number of new officers that
could be released to full duty by the end of July. The department projects that
there will be 6 additional recruits hired for the April 2006 academy and 6
additional recruits hired for the July 2006 academy in addition to any lateral
officers that are hired. Pending any unforeseen retirements, resignations, and/or
terminations, this should put the department firmly into over hire status.
Page 5
?-s
Item: g
Meeting Date: 03/28/2006
.
UHP Grant Funded Positions
As a result of the February 2005 update of the Patrol Staffing Model and in
conjunction with the department's strategic business planning efforts, Council
approved eleven new patrol officer positions on November 1, 2005. The costs of
these positions were fully offset in the first year by Universal Hiring Program
(UHP) grant funds. UHP is one of several programs developed by the Office of
Community Oriented Policing Services to increase the number of officers on the
beat. The UHP grant reduces the initial costs of new officers by funding up to
$75,000 of the entry-level salary and benefits of each newly hired additional
officer over 3 years. In the fourth year, when the grant terminates, the City must
pay the full cost associated with each position added, which currently is about
$100,000 per officer. Since 1995, the City has received five UHP grant awards,
increasing the department's police strength by 52 officers.
The Office of Community Oriented Policing Services, under the direction of the
U.S. Department of Justice, awarded the Police Department $1,125,000 in grant
funding through the Universal Hiring Program (UHP). At $75,000 per officer this
translates to 15 new officers, of which 11 have already been added. Staff is now
recommending that the remaining 4 positions (two peace officers and two police
agents) be added to fully utilize these grant funds, which must be committed by
the end of fiscal year 2006. Including the UHP grant funds the net cost of these
positions is estimated to be $355,895 in fiscal year 2007.
)> RECOMMENDATION 1: Add two new peace officer and two
new police agent positions for a FY 2006 cost of $83,119 and
an ongoing annual cost of approximately $535,895 and allocate
remaining UHP grant funds to partially offset the cost of these
positions.
Other Staffina Recommendations
Sworn Positions
Over the last four years, two positions have been added to the department's
sworn ranks on an emergency basis to address critical operational needs. These
positions were "funded" without additional appropriations through departmental
salary savings. Each of these positions have been thoroughly reviewed as part
of department's five year strategic business plan and after discussions with the
City Manager's Office and the Office of Budget and Analysis, staff is now
recommending that these positions be formally added to the Police Department's
authorized list of sworn positions.
1) Traffic Lieutenant - In addition to the Lieutenants that supervise the
daily operations of the Patrol and Investigations divisions the need was
identified to add a Traffic Lieutenant that would provide supervision for
Page 6
CZ-b
Item: ;3
Meeting Date: 03/28/2006
the Traffic Bureau and Street Team. This position is also assigned to
special projects such as Institutionalizing Problem Solving in Patrol.
This position has proven to be critical as support for the Patrol Division.
($148,000 annually)
2) K-9 Officer - The Police Service Dog program serves an important role
in the Patrol division; this program provides additional protection of
officers and the public, locates suspects, evidence and contraband.
The addition of a sixth Police Service Dog team allows for more
comprehensive canine coverage across all shifts and days 1 by
providing coverage to all six-patrol teams. ($103,000 annually)
:>- RECOMMENDATION 2: Amend the department's personnel
services budget by $251,000 to fund one lieutenant and one
officer and add these positions to the department's authorized
position count.
Hourly Positions
Similar to the permanent positions discussed above, the department currently
employs a number of hourly positions that have been funded through the use of
salary savings.
1) Cold Case Investiaators - The Department received grant funding to
support 2 part-time cold case investigators, however, due to grant
restrictions the grant funding was not utilized. The department had the
opportunity to hire two well qualified individuals on an hourly basis that
were able to make significant progress on several murder cases. The
Department obtained permission to retain the investigators and utilize
salary savings to fund the positions. Over the last several years, the
Cold Case Investigators have broken the "Laura Arroyo" murder case
and the "Pamela Shelly" murder case, which both received high levels
of press coverage during the original case and the solving of the cases
by the Cold Case Investigators. The Department was able to obtain a
conviction in the Laura Arroyo murder case and the suspect is
currently on Death Row. One conviction in the Pamela Shelly murder
case has been obtained, and the second suspect will be starting trial
soon. Because of the notoriety of the Laura Arroyo murder case, the
Department will be featured in an upcoming A&E special highlighting
the investigation. ($60,524 annually)
1 Previously the Department only had 5 canines in service, which meant there were shifts/days in
which no canine coverage was available.
Page 7
;; r7
[ - /
Item:
Meeting Date:
~
03/28/2006
2) Police Cadets - The Police Department's budget includes funding for
1.5 FTE Police Cadets, which are hourly/non-benefited positions that
work at the front counter. The Police Cadets serve as an important
first step to a career in law enforcement. Police Cadets are students
currently attending local colleges seeking a degree in criminal justice
who are interested in a career in law enforcement. This program gives
the student valuable work experience within a police department where
they can learn firsthand what is entailed in a law enforcement career.
At the same time this program gives the Department the ability to
groom students for future full-time employment with the Department in
a variety of law enforcement careers. Since the inception of the
program the Department has hired several Cadets as Police Services
Officers and Police Recruits. Since the move to the new building the
staffing needs at the front counter have changed necessitating
additional Cadets to augment front counter staffing. ($40,536
annually)
3) Backaround Investiaators - In order to ensure that the department had
sufficient staffing in the Recruitment and Backgrounds program two
part-time background investigators were hired on an hourly basis. This
allowed the department to process 307 backgrounds for new
employees during 2005. Without these part-time investigators, the
Department would not be able to process the large numbers of
candidates for hire as is done now. In addition to helping to process
backgrounds for Police employees they also assist in processing
backgrounds for the Fire Department's dispatch center. The addition
of staffing on an hourly basis allows the department to add
experienced personnel, both of the part-time investigators are retired
Police Department detectives, in a cost effective manner. ($46,961
annually)
>> RECOMMENDATION 3: Increase the Police Department's
hourly wages budget by $147,930 to accommodate the addition
of 1 FTE cold case investigator, 1.5 FTE police cadets, and 1
FTE background investigator.
Page 8
{:-;{
Item: R
Meeting Date: 03/28/20())
OVERTIME AND BENEFITS
The department faces a number of issues related to the use of overtime. First, as
mentioned previously, the department is experiencing the lowest active/on-duty
sworn staffing levels in recent years; this despite being nearly fully staffed from a
budgetary standpoint. This has led to an increase in the amount of overtime
utilized to fill in vacancies in patrol while new employees completed their training
requirements. Further, because staffing is at minimum levels, many officers
routinely have to work overtime at the end of their shift in order to complete the
various reports that they were not able to finish during their shift because of high
levels of calls for service to which they are responding.
Second, the department currently has little control over the use of compensatory
time off (Comp time) by employees. As a result, it had become routine for the
department to mandate overtime for officers in order to meet minimum staffing
requirements in patrol.
Third, overtime funds are needed to fully fund special operations overtime in
order to maintain training requirements for both the Mobile Field Force and
SWAT teams to maintain peak operational readiness. SWAT overtime training
requirements increased due to enhanced Peace Officer Standards and Training
(POST) guidelines for SWAT teams. The team's high degree of specialization,
coupled with the potential for high liability, underscores the importance of
ensuring that training guidelines are met. The Chula Vista Police Department
SWAT team is classified as a part-time team; membership on the team is a
collateral duty for all team members. As such training is especially key; the team
trains 14 hours each month in order to maintain proficiencies; team training
consists of tactical training, which includes team movement, room entries, armed
suspect confrontation, firearms training, and firearm qualifications.
Fourth, due to actual salary savings far exceeding budgeted salary savings
during past years, the departments overtime budget has not been increased
sufficiently to keep pace with Council approved MOU adjustments. In short,
salary savings in past years were large enough to offset overruns in overtime
expenditures. With sworn personnel now at authorized levels, the department is
no longer able to absorb these costs.
The total appropriation required to align the budget much more closely to actual
usage is $1 million. However, the department is only seeking an initial
appropriation of $800,000 and will return before the end of the fiscal year
approving an additional $200,000 in overtime which will be offset by State
Supplemental Law Enforcement Services Fund (SLESF) grant funds.
)> RECOMMENDATION 4: Increase the Police Department's
overtime budget by $800,000 to align more closely with actual
usage in recent years.
Page 9
;-CI~
(
Item:g
Meeting Date: 03/28/2006
Benefit Adjustments
Following the adoption of MOU increases, the amounts budgeted for PERS were
not adequate to meet the actual PERS costs. Appropriation to the PERS budget
will account for increases in the various differentials that have an impact on the
employees PERS contributions. There are also minor adjustments to other
benefit categories to accurately reflect actual expenditures.
~ RECOMMENDATION 5: Increase various benefit accounts by
$413,037 to more accurately reflect adopted MOU language.
SALARY SAVINGS
The department's personnel services budget for fiscal year 2006 includes
anticipated salary savings of $1 million. This amount drops to $750,000 in the
fiscal year 2007 spending plan. These amounts were based upon a review of
salary savings achieved by the department in recent years and included a
significant reduction (from $1.6 million in FY 2005 to $1 million in FY 2006 to
$750,000 in FY 2007) to account for the department striving to achieve its goal of
full staffing in the sworn ranks.
.
However, it was unanticipated that the department would be so successful, so
quickly, at closing the gap between authorized and actual positions. The
tremendous success the department is having at attracting and retaining highly
qualified officers is of tremendous benefit to the community. This success
necessitates that the budgeted salary savings be significantly reduced to reflect
achievement of full staffing levels and continued use of the over hire program.
The department is also recommending increasing the number of authorized over
hire officers from five to ten. In March 2001, Council approved the establishment
of an over hire program to mitigate the amount of time it takes to recruit and train
new officers. The program allows the Department to hire officers beyond the
department's authorized officer count in order to meet staffing minimums and call
for service volume. Without such a program, Patrol would be constantly
understaffed. The recommendation to increase the authorized number of over
hires will allow the department to better manage the impact of turnover and to
mirror the number of recruits in an academy class.
~ RECOMMENDATION 6: Reduce budgeted salary savings by
$550,000 to reflect achievement of full staffing and to allow for
continued implementation of the over hire program; and
increase the authorized number of over hire officers from 5 to
10.
Page 10
g_IO
Item: g
Meeting Date: 03/28/2006
REVENUE ADJUSTMENTS
In fiscal year 2006, the Police Department will not realize budgeted revenue by
approximately $689,585. There are two major issues attributing to this revenue
shortfall: grants and booking fee subventions. Departmental revenues include
approximately $3.6 million in revenues from various grants; approximately
$461,967 will not be realized due to delays in hiring several grant funded
positions. In addition, there is $269,192 included in the budget as a
reimbursement from the State of California to offset the cost of booking prisoners
into County jail (booking fee subventions). The State's decision to delete
booking fee subventions from its budget was made after the adoption of the
City's budget. In fiscal year 2006 there is an additional revenue shortfall of
$40,007, which is the net impact of the remaining revenue categories. The net
impact to the general fund in fiscal year 2006 is $715,063.
Fisca Year 2006 Revenue ummarv)v ateaorv
Licenses and Permits $136,670 $119,934 $16,736
Fines, Forfeitures and $966,047 $823,576 $142,471
Penalties
Revenue from Other $319,192 $52,883 $266,309l
Aaencies
Charaes for Services $2,746,542 $2,861,076 ($114,534)
Other Revenue $250,744 $252,527 ($1,783)
Transfers In $532,984 $497,256 $35,728
Grant Revenue $3,630,280 $3,249,894 $380,386
TOTAL REVENUES $8,582,459 $7,857,146 $725,313
S b C
Staff is recommending an adjustment to several Police revenues in fiscal year
2007 to align budgeted revenues and revenue projections. As was mentioned
above, the State Booking Fee Subvention was included in the fiscal year 2007
budget as well. The projections for fiscal year 2007 are extremely conservative
and are based upon previous years revenues.
2 State Booking Fee Subvention
Page 11
?~//
~
Item: =.:;
Meeting Date: 03/28/200&
Fiscal Year 2007 Revenue SummarY bv Category
Licenses and Permits $142,136 $124,731 $17,405
Fines, Forfeitures and $1,003,578 $761,430 $242,148
Penalties
Revenue from Other $319,192 $52,883 $266,3092
Aqencies
Charoes for Services $3,198,729 $3,002,055 $196,674
Other Revenue $255,747 $255,747 $0
Transfers In $545,150 $545,150 $0
Grant Revenue $2,580,597 $2,580,597 $0
TOTAL REVENUES $8,045,129 $7,322,593 $722,536
Revenue projections for "Fines, Forfeitures and Penalties" are based upon the
amount of revenues the department expects to receive based upon the number
of fines received from parking tickets, ordinance violations, false alarms, etc. The
department is taking a conservative approach to projecting the amount of fines
based upon previous years actual revenues received.
Revenue from "Other Agencies" reflects the elimination of the Booking Fee
Subvention.
Revenues for "Charges for Services" reflect lower jail revenues. This was done in
anticipation of contracts with federal agencies being stalled for a significantly
greater time than was anticipated.
> RECOMMENDATION 7: Reduce projected revenues in fiscal
year 2007 by $722,536 to more closely align budgeted revenues
with anticipated actual revenues.
FISCAL IMPACT
Approval of the first resolution and Recommendation Number One will result in
the addition of two Peace Officer and two Police Agent positions to the Police
Department. The cost of these positions are partially offset by a Universal Hire
Program grant of $300,000, which will be reimbursed over three fiscal years. In
fiscal year 2006 the cost of these positions totals $83,119, and will be fully offset
by the UHP grant. There are also one-time equipment costs totaling $75,011,
which will be offset by Development Impact Fees. The cost of these positions
total approximately $535,895, including equipment maintenance and
replacement costs in fiscal year 2007. These costs will be offset by $180,000 in
grant revenues - the net impact to the General Fund is $355,895. The ongoing
costs of these positions will be incrementally absorbed by the general fund as the
grant funds are drawn down. It is expected that the General Fund will bear the
full cost of these positions in fiscal year 2009.
Page 12 ? - / d-
Item: ::::>
::-:..
Meeting Date: 03/28/2000:
Approval of the second resolution will result in the addition of a Police Lieutenant
and Peace Officer to the Police Department and an appropriation of $1,783,119.
This appropriation includes funding for two sworn personnel, increased hourly
wages, and additional funding for overtime and miscellaneous benefit
adjustments. The total impact of these enhancements in fiscal year 2006 is
$2,161,967; these costs are offset by savings of $461,967 for a total
appropriation of $1,700,000. These enhancements are summarized in the table
on the following page.
The total impact to the general fund in fiscal year 2006 totals $2,425,313. This is
a combination of the costs of the recommendations summarized on the following
page and a revenue shortfall of approximately $725,313. Approval of these
recommendations will require an amendment to the fiscal year 2007 spending
plan of approximately $2.9 million. Since ongoing resources have not yet been
identified to fund these ongoing costs, approval of this action may require
offsetting budget reductions in future years.
Funds from the 2005 State Law Enforcement Supplemental Fund (SLESF) will
be used to offset $200,000 of fiscal year 2006 overtime expenditures. Staff will
bring forward a separate report to appropriate these funds.
(Continued next page)
Page 13
~ .-;2
/-/::;;
"""
Item: "'"
Meeting Date: 03/28/2006
RECOMMENDATION DE5CRIPTrON FY 2006 FY 2007
~- --- -- - ~- - - - - .. . . . c:O~T -. -~ .~ ..c:05J -.
,
Recommendation 1 Accept UHP grant and $83,119 $535,895
add two officers and two
aaents
Recommendation 2 Add one lieutenant and $251,000 $255,629
one officer
Recommendation 3 Increase hourly wages $147,930 $156,397
budget for 1 FTE cold
case investigator, 1.5 FTE
police cadets, and 1 FTE
backaround investiaator.
Recommendation 4 Increase the Police $800,000 $926,906
Department's overtime
budaet
Recommendation 5 Increase various benefit $413,037 $234,341
accounts to more
accurately reflect adopted
MOU lanauaae.
Recommendation 6 Reduce budgeted salary $550,000 $300,000
savings to $450,000 to
reflect achievement of full
staffing and to allow for
continued implementation
of the over hire oroaram
Total EXDenditures $2,245,086 $2,409,168
Grant Expenditure ($ 461,967) -
Savinas
Total ADDroDriation $1,783,119 $2,409,168
Recommendation 1 Revenue from UHP grant ($83,119) ($180,000)
for two officers and two
aaents
Recommendation 7 Reduce budgeted $725,313 $722,536
revenues to align with
revenue Droiections
TOTAL NET IMPACT TO GENERAL FUND $2,425,313 $2,951,704
As discussed in the City's Second Quarter Fiscal Status Report distributed to
Council last month, the Police Department's mid-year appropriations in conjunction
with development revenue shortfalls may cause the General Fund reserves to drop
below the Council's 8% reserve policy. Updated revenue and expenditure
projections will be provided to Council as part of the Third Quarter Fiscal Report.
Page 14
6- /'1
RESOLUTION NO. 2006.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING $300,000 FROM THE U.S. DEPARTMENT
OF JUSTICE'S OFFICE OF COMMUNITY ORIENTED POLICING
SERVICES FOR THE UNIVERSAL HIRING PROGRAM GRANT,
ADDING TWO PEACE OFFICERS AND TWO POLICE AGENTS
TO THE AUTHORIZED STAFFING LEVEL OF THE POLICE
DEPARTMENT AND APPROPRIATING FUNDS THEREFOR.
WHEREAS, the COPS office has awarded the Police Department $1,125,000 of
grant funding under the Universal Hiring Program for 15 new Peace Officers and
acceptance of the grant will enable the City to offset the cost of up to 15 new Peace
Officers; and
WHEREAS, the Police Department has added 11 new officers through the
Council's authorization during the November 1, 2005, meeting; and
WHEREAS, the Police Department requests to add two peace officers and two
police agents as part of the Police Department's Strategic Plan; and
WHEREAS, the City agrees to provide the local match required by the grant and
retain the officers after the grant has ended.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby accept $300,000 from the U.S. Department of Justice's Office of
Community Oriented Policing Services for the Universal Hiring Program grant, adding
two peace officers and two police agents to the authorized staffing level of the Police
Department and amending the FY 2005/2006 budget to appropriate $83,119 from said
grant funds for personnel costs.
~bY
ichard P. Emerson
Police Chief
Approved as to form by:
~'iG\~ ~'\w~\h.\\
Ann Moore '
City Attorney
f-/S
RESOLUTION NO. 2006-
RESOLUTION AMENDING THE POLICE
DEPARTMENT BUDGET TO ADD A PEACE OFFICER
AND POLICE LIEUTENANT, 3.5 FULL TIME EQUIVALENT
HOURLY STAFF, ADDITIONAL OVERTIME AND BENEFIT
FUNDING, INCREASING THE NUMBER OF AUTHORIZED
OVER HIRE OFFICERS FROM FIVE TO TEN AND
APPROPRIATING FUNDS THEREFORE FROM THE
AVAILABLE BALANCE OF THE GENERAL FUND
WHEREAS, the Police Department recently met with staff from the Office of
Budget and Analysis to discuss Department budget issues and initial steps toward
implementing the Department's five-year strategic business plan; and
WHEREAS, in order to maintain the high level of service to the citizens of the
City Of Chula Vista, the department is seeking appropriations to address shortfalls in
the Personnel Services budget including the following:
. Add a Police Lieutenant, and one Peace Officer to the authorized staffing
levels of the Police Department
· Appropriate $1,700,000 to the fiscal year 2006 Police Department
Personnel Services budget from the available balance of the General
Fund for personnel costs and additional overtime and benefits costs
· Increasing the number of authorized over hire officers from five to ten
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby amend the Police Department budget to add a Peace Officer and
Police Lieutenant, 3.5 full time equivalent hourly staff, additional overtime and benefit
funding, increasing the number of authorized over hire officers from five to ten,
appropriating $1,700,000 to the Police Department Fiscal Year 2006 Personnel
Services budget from the available balance of the General Fund.
by:
Approved as to form by:
Ri hard P. Emerson
Police Chief
<ro\l<,'j\\\ ~\\).{~\1\\
Ann Moore
City Attorney
f-/b
<=1
PAGE 1, ITEM NO.:
MEETING DATE: 03/28/06
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE COMMUNITY DEVELOPMENT DEPARTMENT FIVE-
YEAR STRATEGIC PLAN AND DIRECTING STAFF TO RETURN TO
COUNCIL WITH A ONE-YEAR WORK PLAN TO BEGIN
IMPLEMENTATION OF THE STRATEGIC PLAN
SUBMITTED BY: ASSISTANT CITY MANAGER! !6t ~
COMMUNITY DEVELOPMENT DIRECTOR ft17
REVIEWED BY: CITY MANAGER
4/5THS YOTE: YES D NO 0
BACKGROUND
The Community Development Department Five-Year Strategic Plan for 2006-2010 has
been developed by staff over the past nine months to clearly describe Community
Development's role and to ensure alignment with the priorities of the Mayor, City Council,
and City Manager's office. The Strategic Plan aligns Community Development's plans
and programs with the Council's Strategic Themes and with the City's Economic
Development Strategy. It will also facilitate a closer warking relationship between
Community Development divisions and with other city departments.
RECOMMENDATION
That Council:
1. Adopt the Community Development Department Five-year Strategic Plan, and
2. Direct staff to develop and return to Council with a one-year wark plan to begin
implementation of the Strategic Plan.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
9-1
PAGE 2, ITEM NO.:
MEETING DATE:
Ci'
I
03/28/06
DISCUSSION
The Community Development Strategic Plan sets forth the Department's Vision, Mission
and Strategic Goals and Objectives. It includes summaries of proposed projects and
programs to implement the Strategic Plan and the metrics and measures that would be
used to evaluate their effectiveness. The Strategic Plan incorporates concepts, direction
and specific recommendations based on Council's Strategic Themes and the City's
adopted Economic Development Strategy.
The Strategic Plan, if adopted by the City Council, will provide a blueprint for the
Community Development Department over the next five years. Work plans to implement
specific projects and programs contained within the Strategic Plan will be brought back to
the City Council annually for approval. This document will also be used as a basis for
preparing the Community Development Department budget during the five-year
planning period.
FISCAL IMPACT
Adoption of the Community Development Department Five-year Strategic Plan will not
result in any direct impact on the City's budget. However, actual implementation of
individual projects and programs presented in the Strategic Plan may have varying
degrees of fiscal impact. Estimates of any incremental resource or financial requirements,
and potential non-General Fund funding sources have been included in the project and
program descriptions for informational purposes only. In the event that a project or
program recommended in the Strategic Plan is not currently budgeted, staff will request
Council approval of any new appropriation prior to implementing or incurring related
costs. The fiscal impact and recommended funding sources pertaining to the specific
project or program would be quantified and reported to Council at the time that request
is made.
AnACHMENTS
Community Development Department Five-Year Strategic Plan
J:\COMMDEV\STAFF.REP\2006\03-28-06\Slrol Plon.doc
.
9-2
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING THE COMMUNITY DEVELOPMENT
DEPARTMENT FIVE-YEAR STRATEGIC PLAN AND DIRECTING
STAFF TO RETURN TO COUNCIL WITH A ONE-YEAR WORK
PLAN TO BEGIN IMPLEMENTATION OF THE STRATEGIC PLAN
WHEREAS, the Community Development Department Five-Year Strategic Plan for 2006-
2010 will provide a blueprint for the Community Development Department for the next five years;
and
WHEREAS, the Strategic Plan was developed to clearly describe Community Development's
role and to ensure alignment with the priorities of the Mayor, City Council, and City Manager's office;
and
WHEREAS, the Strategic Plan aligns Community Development's plans and programs with
the Council's Strategic Themes and the City's Economic Development Strategy; and
WHEREAS, the Strategic Plan will facilitate a closer working relationship between
Community Development divisions and with other city departments; and
WHEREAS, the Strategic Plan will provide the basis for the preparation of the Community
Development Department budget during the five-year planning period.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it
hereby adopts the Community Development Department Five-Year Strategic Plan; and directs staff to
develop and return to Council with a one-year work plan to begin implementation of the Strategic Plan.
Presented by
Approved as to form by
Dana M. Smith
Assistant City Manager!
Director of Community Development
~~'-",Od fL ~
Ann Moore
City Attorney
J:\COMMDEV\RESOS\2006\03-28-06\CD Strategic Plan.doc
9-3
~\lt-
-,-
.~~
ellY OF
CHUIA VISTA
Community Development Department
Five-year Strategic Plan
March 28, 2006
Our Vision
Chula Vista is recognized worldwide as the most innovative and
successful city for its natural and built beauty, amenities for its citizens,
sense of community, and sustainable environment.
Our Mission
Serve the public by advising, providing professional expertise, and
implementing City policies and directives that result in the community
realizing its full potential for physical beauty, sense of community and
economic vibrancy.
Introduction
T able of Contents
Page
1
Community Development Department
Project and Program Descriptions
Strategic Goal:
Strategic Goal:
Strategic Goal:
Strategic Goal:
Strategic Goal:
Strategic Goal:
Strategic Goal:
Attachments
Improve the Quality of Life for low and
Moderate Income Households
9
Revitalize Western Chula Vista
14
Develop the University Park and Research
Center (UPRC) as a Regional Education,
Research, Civic, and Commercial Center
20
Increase the Public's Confidence and
Participation in Community Development
and Redevelopment Agency Discussions
and Decisions
25
Achieve Comprehensive Development of
the Chula Vista Bayfront
27
Expand Chula Vista's Economic and Jobs
Base at a Rate that Exceeds Regional, State,
and National levels
29
Strengthen Administrative and
Management Systems
38
Attachment A - Current Staff Assignments
41
Attachment B - Strategic Objective Components
42
City Council
Strategic Themes
Connected, Balanced, and
Cohesive Community
."
Strong and Safe
Neighborhoods
~.'
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Diverse Cullural, Education,
and ReCfeational Opportunities
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Economic Development
~
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Cost Effective and Fiscal
Stability
':i
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Community Development Strategic Plan Overview
,
,
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Strategic Goals
Strategic Objectives
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Community Development
Implementation Strategies
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5
Community Development Department
Five-Year Strategic Plan
Introduction
The City of Chula Vista has a history of culturally diverse communities, progressive planning, and
sound fiscal management. As successful development continues in the eastern part of the City, the
west side is being rediscovered as one of the region's most attractive residential and commercial
markets.
The Community Development Department plays a crucial role in the implementation of Council
policies that continue to promote and develop economic vibrancy and opportunity, ensure safe and
affordable neighborhoods, and provide for the public benefits and amenities that strong growth and
sound management afford.
Organizational Structure
Community Development is made up of five divisions.
-
~-
Redevelopment
Planning
Economic
Development
Administration
Housing
Figure 1. Community Development Organization
The five divisions were traditionally viewed and managed as distinct entities. Staff members
worked in relative isolation within their specialty job titles and assigned divisions. Goals, objectives
and strategies were developed - and performance was measured - at the division level. The five
divisions were not working together effectively and results were less than optimal.
1
Community Development Department
Five-Year Strategic Plan
A New Approach
Two years ago, the recently arrived Community Development management team began changing
how the department did business.
The team recognized that the traditional methods for classifying and assigning staff, for putting
together project teams and for measuring the organization's success and impact were not serving
its stakeholders well. In addition, the CD staff members were being limited in their effectiveness
and in their learning by being overly specialized within their divisions.
Division-specific titles and job descriptions for Principals and Specialists were eliminated. They
were replaced with broader Community Development-level titles and descriptions that reflected a
more inter-disciplinary approach.
At the same time, project teams were re-structured to include members from throughout
Community Development. Project managers and team members began to be assigned based on
the projects' requirements for technical and critical thinking skills (competency), staff members'
interests and development goals (learning), and current workloads (capacity). The Principal or
Specialist's formal position within the organization structure was no longer the primary determining
factor for team assignments.
During the process, Principals and Specialists were asked to self-select a "homeroom" (one of the
five Community Development Divisions) for reporting and focused development activities. A
number of staff members chose to remain in their former divisions: a greater number chose to
move to a new specialty.
Division titles were retained at the Manager level to ensure accountability in project and program
performance and in staff development.
As a result of the new model, the City's Community Development Department is now
demonstrating the positive impact of a conscious organizational change and cultural shift. Perhaps
most importantly, staff members are being exposed to a broader, more integrated approach to
community development that recognizes the inter-dependency between the Housing,
Redevelopment, Economic Development, Planning, and Administration functions.
Attachment A provides an overview of current staff assignments.
2
Community Development Department
Five-Year Strategic Plan
Development Services
With the recent formation of the Development Services Group, the Community Development,
Planning and Building, and Engineering Departments are developing and implementing a cross-
department team structure. The new structure will facilitate even more flexible and efficient
handling of redevelopment projects and programs in western Chula Vista.
Figure 2. Development Services
Community Development Strategic Planning Process
Community Development approached its Strategic Planning process from two directions: top down
and bottom up.
With the help of an outside consultant, we went through the traditional top down strategic planning
steps of creating a mission and vision.
The mission/vision process generated considerable discussion about the fundamental role of
Community Development. What we discovered was that while we generally agreed on the
department's role, we articulated it in many different ways.
With this revelation from within the organization, we were certain there must be confusion from
outside.
We needed a straightforward way of describing Community Development's role in the City.
3
Community Development Department
Five-Year Strategic Plan
To clearly articulate Community Development's role, the Department has identified seven key
Strategic Goals. The Strategic Goals provide subjective direction for developing, guiding and
evaluating activities.
The Five-Year Strategic Goals are to:
· Improve the Quality of Life for Low and Moderate Income Households
. Revitalize Western Chula Vista
· Develop the University Park and Research Center as a Regional Education, Research,
Civic, and Commercial Center
· Increase the Public's Confidence and Participation in Community Development and
Redevelopment Agency Discussions and Decisions
· Achieve Comprehensive Development of the Chula Vista Bayfront
· Expand Chula Vista's Economic and Jobs base at a Rate that Exceeds Regional, State,
and National Levels
. Strengthen Administrative and Management Systems
During the strategic planning process it also became clear that we lacked tangible and specific
objectives. We needed to understand and describe what we were setting out to accomplish and
how we should be measured.
This is where the top down process merged with the detailed bottom up work.
Our bottom up task became to review each of Community Development's major projects and
programs and quantify the impacts on City revenues, jobs creation, public infrastructure
investment, housing, commercial space and education.
4
Community Development Department
Five-Year Strategic Plan
As a means of quantifying Community Development's impacts, the Department summarized the
individual project and program outcomes into a set of Strategic Objectives for the organization.
Consistent with its role in city-wide economic development, west side redevelopment and
revitalization, and the development of safe and affordable housing, the Community Development
Department is committed to accomplishing the following Strategic Objectives during the current
five-year planning period of 2006-2010:
· Generating $10 million annually in new City revenues
· Creating 5,500 new jobs
· Funding $75 million in public investments in western Chula Vista
. Providing 3,500 new college-level seats
. Creating 500,000 square feet of new commercial space in the Southwest
· Adding 500 new dwelling units in the Third Avenue Village and E Street Transit Oriented
Development (TOD)
Attachment B provides additional detail on how the Strategic Objectives were developed.
Strategic Plan Purpose and Organization
To ensure that these goals are pursued and the objectives are accomplished, the Community
Development Department organizations: Redevelopment, Planning, Economic Development,
Housing, and Administration have worked together to develop this Five-Year Strategic Plan.
The collaborative and integrated approach required has transcended the traditional divisions or
silos within Community Development. The Plan is organized to reflect a focus on results-producing
projects and programs, not on divisions and organizational structure.
Community Development recognizes that it can only be successful in collaboration with other City
departments. The Plan identifies critical inter-departmental relationships and dependencies at the
project and program level.
5
Community Development Department
Five-Year Strategic Plan
The Plan seeks to clearly describe Community Development Department's role and to ensure
alignment with the priorities of the Mayor, City Council, and City Manager's office. The Strategic
Plan aligns Community Development's plans and programs with the Council's Strategic Themes
and with the City's Economic Development Strategy.
It is designed to provide all stakeholders with the information they need to make informed
decisions and recommendations on Community Development Department's direction, and as a
means for monitoring and evaluating Community Development Department's performance and the
return on the public's investment in its activities.
Specifically, the Plan details Community Development's:
. Strategic Goals
. Strategic Objectives
. Implementation Strategies
. Projects and Programs
. Performance Metrics
. Inter-departmental Dependencies
. New Resource Requirements
. Potential non-General Fund Sources of Funding
. Timelines for Achievement
During the five-year planning period, the Plan will be used to develop Community Development
Department's annual work plans and budgets.
6
Community Development Department
Five-Year Strategic Plan
Implementation Strategies and Project Descriptions
To support the pursuit and achievement of the Strategic Goals and Objectives, Community
Development Department has developed specific Implementation Strategies and Project
Descriptions. In the pages that follow, Implementation Strategies are outlined, and each major
Community Development Department project or program envisioned during the five-year planning
period is detailed.
Council Strategic
Themes
City of Chula Vista
Economic Development
Strategy
Figure 3. Community Development's Strategic Planning Process
Each of the following Project Descriptions includes metrics to measure performance, a listing of
the departments playing a key role in the project, an itemization of any personnel or financial
resources required over the current baseline, an indication of potential non-General Fund sources
of project funding, and a timeline for major project activities and deliverables.
Next Steps
This Plan is intended to provide a forum and discussion document for a continuing dialog with the
City Council, the City Manager, City Departments, the public, the development community and
other interested stakeholders.
After making any modifications to the Plan as recommended by the City Council, Community
Development Department will present detailed Work Plans and budget documents for the
individual projects that begin within the next 18 months.
7
Project and Program
Descriptions
Community Development Department
8
Strategic Goal
Improve the Quality of Life for
Low and Moderate Income Households
Community Development has defined two strategies for achieving this
Goal:
. Expand and maintain the affordable housing supply
. Fund and implement services and capital improvements that
provide vital community resources for lower income people
The following section details the projects and programs that will be carried
out during the 5-year planning period to support these strategies and
achieve the goal.
9
Improve Quality of Life
Project:
Generate New Revenues and Land Resources for the Creation and
Construction of Affordable Housing in Western Chula Vista
Description:
Chula Vista's Housing Element ensures a mix of housing for all income levels to reflect the
needs of our diverse community. Providing affordable units will be an essential component of the
revitalization of western Chula Vista. The City has historically invested affordable housing
resources in eastern Chula Vista. Over the next five years, staff will work with the development
community to identify opportunities to create 100 affordable units in western Chula Vista. This
goal will require the use of approximately $6.5 million in available housing resources to subsidize
the cost of acquisition and construction. The use of city-owned land reduces the cost of city
assistance.
Metric: Create 100 New Affordable Units, an 8% increase over the existing supply. This
represents the expected inciusionary requirement for Town Centre 1.
Key Departmental Partnerships: Finance, Planning and Building
2006 2007 200. 2009 2010
Task o;ro;Y o;r Q4 0110210310, 0110210310, Q11Q2103104 Q11021Q31Q4
1 Identify a site
2 Secure developer and agreement
3 Construction
10
Improve Quality of Life
Project:
Create Effective Education and Quality Services to Increase
Homeownership and Additional Affordable Opportunities
Description:
This project will increase affordable opportunities for lower income households, providing the
following services:
· Active Homebuyer Program
· Short-term Rental Assistance Program
· Outreach campaign to promote existing programs
This will require the use of existing staff and consultants for homebuyer education, underwriting
and case management. This will increase the homeownership rate and relieve the financial strain
many lower income households experience.
Metric: Serve 200 Low Income Households
Key Departmental Partnerships: Communications
200. 2007 2008 2009 2010
Task 011021031 Q4 011021031 Q4 011 Q21 Q31 Q4 Q11Q21Q3104 01102103/0'
1 - Revamp Homebuyer Program
- Short Telll1 Rental Assistance Program .
- Consultant for Homebuyer Education .
2 - Work with Short-tenn Rental Assistance
Clients
- Public Outreach
11
Improve Quality of Life
Project:
Ensure a Policy Framework That Addresses New Challenges in the
Development of Western Chula Vista
Description:
This project will look at new ways to buffer the lower income population from the negative
impacts of displacement. Staff will research the effects of displacement and recommend
potential changes to City policies. Policy issues that will be reviewed include:
. Mobilehome Ordinance
. Condo Conversion
. Inclusionary Housing
Staff will continue to provide support to the Mobilehome Rent Review Commission. Funding for
professional appraisals will be required.
Metric: Assist 400 Low Income Households (target based on the numbers of condo conversions
in the pipeline and number of inclusionary units expected).
Key Departmental Partnerships: City Attorney, Planning and Building
2006 2007 2008 2009 2010
Task QII Q21 Q31 Q4 QII Q21 Q31 Q4 Q11 Q21 Q31 Q4 Q1102103104 Q1102103104
- Research effects of displacement
~ Potential Changes to:
1 * Mobilehome Ordinance
* Condo Conversion
.. Inclusionary Housing
2 Continue to Provide Staff for Mobilehome Rent
Review and Park Closures II
12
Improve Quality of Life
Project:
Secure Grants that Improve the Quality of Life for Lower Income
Households
Description:
With this project the City will invest over $16 million in offset funding to benefit the lower income
population. Staff will complete the Federal grant audit clean-up work and help secure the Section
108 loan to improve community public facilities and infrastructure through the Community
Development Block Grant Program. Staff will maintain the existing grants in compliance with all
performance requirements, maximizing the use of Federal and State funds. Up to $2 million in
leveraging or matching funds may be necessary for certain grants.
Metric: Provide $16 million in Public Improvements (approximately 85% in Capital and 15 % in
Services) and serve approximately 30,000 low income households ($16 million is based on
annual grant amount and Section 108 loan request).
Key Departmental Partnerships: Engineering, Finance, General Services, Public Works
2006 2007 2008 2009 2010
Task 01/02103104 01102103104 01102103104 01102103104 Q11Q21Q3104
1 - Complete Grant Audit Clean-up
- Secure Section 108 Loan
2 - Maintain Grants in Positive Status
- Seek Additional Grants II
13
Strategic Goal
Revitalize Western Chula Vista
Community Development has defined three strategies for achieving this
Goal:
. Create comprehensive planning documents and processes for
Western Chula Vista
. Facilitate cornerstone projects to revitalize the City's aging Urban
Core and re-energize the local downtown business climate
. Develop resources and strategies for the installation,
improvement, and maintenance of infrastructure facilities in key
areas
The following section details the projects and programs that will be carried
out during the 5-year planning period to support these strategies and
achieve the goal.
14
Revitalize Western Chula Vista
Project:
Development of Catalyst Development Projects on Multiple Properties
Located Along the Third Avenue Commercial Corridor and the E Street
Trolley Station
Description:
This project will entail entering into at least five development agreements for the construction of
new housing and retail space on property located along the Third Avenue corridor and the E
Street Trolley Station. The project will require outside consultants to perform independent
financial analysis and development of key strategic positions. The completion of these units will
create a better economic climate and new tax revenue for the City.
Metric: $2 million in new annual tax increment, 500 new housing units
Key Departmental Partnerships: Office of Budget and Analysis, City Attorney, Finance,
Planning and Building
2006 2007 2008 2009 2010
Task 0110**4 01102103104 0110**4 01T02T03T04 0110**4
1 Enter into Agreement with Developer
2 Construction on 200 Units
3 Construction on 300 Additional Units
15
Revitalize Western Chula Vista
Project:
Fund Public Infrastructure and Amenities to Support New
Development within the Third Avenue Village
Description:
This project leverages new tax revenues through bonding to provide funding for needed capital
improvement projects and programs. These improvements to infrastructure systems will support
private sector development efforts, address problematic circulation and pedestrian accessibility
issues, and upgrade public facilities to better meet the social, cultural and recreational needs of
the community. These improvements, done concurrently with the construction of new private
development, will assist in the revitalization of the Third Avenue Village. The project includes the
preparation of a new streetscape master plan, preparation of construction documents, and
potential bond issuance.
Metric: New public infrastructure without using general fund dollars.
Key Departmental Partnerships: City Attorney, Engineering, Finance, Planning and
Building
2006 2007 '008 ,oop 2010
Task 0110,103104 010;r 0;r04 010;r o;r 04 0110,103104 0110,103104
1 Create Streetscape Master Plan
2 Issue Bonds for Public
Infrastructure Improvements
3 Bid and Construct Streetscape
Improvements II
16
Revitalize Western Chula Vista
Project:
Expand and/or Merge the Redevelopment Project Area Boundaries
Description:
This project will entail preparing feasibility studies, survey areas and financial analysis to
determine the opportunity of expanding and/or merging the redevelopment project area
boundaries. The project will require outside consultants to perform independent financial
analysis and development of key strategic positions. Expansion and/or merging project area
boundaries may allow for increased bonding capacity, higher production of affordable housing
and funding for infrastructure projects.
Metric: Increased Bonding Capacity
Key Departmental Partnerships: City Attorney, Finance, Planning and Building
2006 2007 2006 2009 2010
Task 0,10,10310, 0110210310, 0110210310' 0'10210310' 01102103104
1 Research Ability and Benefit of
Expanding Redevelopment Project Areas
2 Approve Expansion and Issue Bonds for
Public Infrastructure Improvements II
17
Revitalize Western Chula Vista
Project:
Prepare and Implement the Urban Core and Southwest Specific Plans
Description:
The preparation of these Specific Plans will establish the foundation for revitalization of western
Chula Vista by providing comprehensive, up-to-date, and streamlined planning policy
documents. The plans will bring clarity to the development process, resulting in new residential
units and additional commercial and industrial space in western Chula Vista. The plan will also
facilitate public and private investment based on established and supported community goals.
Metric: Adoption of two specific plans that streamlines the issuance of development permits
resulting in 500 new units and 500,000 square footage of additional commercial and industrial
space.
Key Departmental Partnerships: City Attorney, Engineering, Finance, Parks and
Recreation, Planning and Building, Public Works
2OQ6 2007 2OQ6 2OQ9 2010
Task Q11Q21Q31Q4 0110210310, Q11Q21Q31Q4 0110210310, 0110210310,
1 Complete Urban Core Specific -
PlanlEIR
2 Begin Construction of Urban Core
Specific Plan Projects
3 Secure Funding for Southwest -
Specific Plan
4 Hire Consultant .
5 Complete Southwest Specific Plan!
EIR
6 Begin Construction of Southwest
Specific Plan Projects
18
___.:.: Revitalize Western Chula Vista
Project:
Integrate and Standardize Entitlement Process for Western Chula Vista
Description:
This project will integrate application procedures for Urban Core Development Permits,
Southwest Development Permits, and Coastal Development Permits and enhance procedures
for other miscellaneous permits. This project will help facilitate revitalization of western Chula
Vista by eliminating uncertainty in the entitlement process, furthering the cohesiveness of the
Development Services departments, providing quality customer services, and reducing project
entitlement processing time.
Metric: Reduce standard entitlement processing time by a minimum of 25%.
Key Departmental Partnerships: City Attorney, Engineering, Finance, Planning and
Building
2006 2007 2008 2008 2010
Task Qf I Q21 Q31 Q4 Q'IQ21Q31Q4 Qf I Q21 Q31 Q4 Q'IQ21Q31Q4 Q'IQ21Q31Q4
1 Evaluate Existing Systems and .
Processes
2 Integrate Entitlement Process
19
Strategic Goal
Develop the University Park and Research
Center (UPRC) as a Regional Education,
Research, Civic, and Commercial Center
Community Development has defined three strategies for achieving this
Goal:
. Acquire sufficient land for comprehensive educational, research
and commercial uses
. Solidify and expand the research relationships with U.S.
Department of Energy (DoE), Gas Technology Institutes (GTI) and the
Universities
. Develop UPRC models, policies and structures that ensure the
project's near and long-term economic viability for the City and for
the educational, research, and commercial participants
The following section details the projects and programs that will be carried
out during the 5-year planning period to support these strategies and
achieve the goal.
20
University Park and Research Center
Project:
Finalize land Acquisition and land Uses
Description:
This project provides Community Development support to the City Manager's office for completion
of the land acquisition for the UPRC. Community Development's support roles include interfacing
with the academic and research partners to clarify their campus needs, working with designated
consultants and the Blue Ribbon Committee to ensure that all necessary information is provided to
the negotiating team, and participating as necessary in strategy or negotiation sessions. Through
this project, Community Development will continue to work to ensure that academic, research,
residential and commercial programming needs are accommodated in the final campus
configuration.
Metric: Acquisition of a minimum of 450 acres of campus, accommodating research, academic
and revenue producing uses.
Key Departmental Partnerships: City Attorney, City Manager, Planning and Building
200<1
2007
2010
2008
2009
Task
Q1
1 Land Acquisition
-
21
University Park and Research Center
Project:
Continue to Pursue Energy/Sustainability Research Collaboration with
The Gas Technology Institute (GTI) and the u.s. Department of Energy
(DoE)
Description:
This project pursues additional research funding from state and federal sources to further establish
Chula Vista's position as a national model of sustainable community planning and development.
Additional research funding through the City's partnership with GTI and DoE will accelerate the
development of a bricks and mortar energy research institute on the UPRC campus. These
research projects also create additional opportunities for collaboration with key universities.
Metric: Growth in quantity and dollar value of UPRC-related Research Funding Grants
Key Departmental Partnerships: City Manager, Engineering, Grants Coordinator, Planning
and Building
200<
2010
2007
200<
2009
Task
Q1
1 Grant Applications & Awards
22
University Park and Research Center
Project:
Develop & Execute Financial
Partnerships to Develop Master
Infrastructure and Shared Facilities
and Development Models and
Plans and to Build Campus
Description:
This project identifies and evaluates alternative financial models for the physical development of
the UPRC campus. It includes all analysis necessary for decision making regarding UPRC
organizational entity and structure, allocation of land uses, on- campus residential and
commercial development, financing strategy and methods, infrastructure and shared facilities
needs, and project phasing.
Metric: Financial and Development models for infrastructure and shared facilities development
Key Departmental Partnerships: City Attorney, City Manager, Engineering, Finance, Grants
Coordinator, Planning and Building
2006
2007
2008
2009
2010
Task
Ql
1 Develop and Analyze Financial and
Development Models
23
University Park and Research Center
Project:
Provide and Promote a Physical Setting, Policies, and Economic and
Development Models that Ensure Participation by a Broad Range of
Academic, Research and Commercial Partners
Description:
This project will secure the participants in the UPRC project. It includes the development of a
comprehensive, long-term UPRC branding and marketing program, the assessment and
recruitment of targeted academic, research and commercial/development organizations, and the
support necessary for the creation of an ongoing legal and management entity for the UPRC.
Efforts during the first 18 months will focus on securing agreements and early development of
key projects that include the Global Energy Center, High Tech High Environmental and initial
shared academic facilities.
Metric: Campus development; 250 new education/research related jobs; Four educational
institution partners; Global Energy Center + 2 additional research organizations on campus;
3500 college-level seats on campus
Key Departmental Partnerships: City Attorney, Communications, Finance, Planning and
Building
200' 2007 2008 200. 2010
Task 0110210310, 01102103104 01102103104 01 I 021 031 0' 01 I 021 031 04
1 Early Agreements
2 Branding and Marketing Program
3 Legal and Management Entity
4 Ongoing Recruitment of Partners
24
Strategic Goal
Increase the Public's Confidence and
Participation in Community Development
and Redevelopment Agency Discussions
and Decisions
Community Development has defined a single strategy for achieving this
Goal:
. Develop and improve public outreach practices and educational
tools
The following section details the project that will be carried out during the
5-year planning period to support this strategy and achieve the goal.
25
2006 2007 2006 200P 2010
Task 01102103104 Q11Q21Q3104 01/02103104 01102103104 01102103104
1 Hire Consultant for Needs .
Assessment and Design
2 Launch CVRC Website -
3 Assessment, Design, and Final
Consultant Report
Adopt and Implement New
4 Outreach/Education Model for COO
& CVRC II
Public Outreach and Education
Project:
Develop and Implement Outreach and Education Strategies,
Methodologies, and Tools to Foster Public Trust and Improve
Transparency and Accountability
Description:
Conduct an in-depth, baseline assessment of Community Development's and the City's current
public involvement and education practices, methodologies, and tools. Design and implement
new models and approaches of public outreach and education based on careful and deliberate
input from the community, analysis of the unique needs, opportunities, and constraints facing
Chula Vista's citizens, and research into the different successful public outreach structures.
Develop a comprehensive public outreach and education strategy for presentation to and
consideration by the City Council and the Board of Directors of the Chula Vista Redevelopment
Corporation.
Metric: Level of public input and participation. Public trust.
Key Departmental Partnerships: All City Departments
26
Strategic Goal
Achieve Comprehensive Development of
the Chula Vista Bayfront
Community Development has defined a single strategy for achieving this
Goal:
. Develop the Bayfront as a dynamic 24/7 recreational, residential,
hospitality, commercial, and environmental showcase
The following section details the project that will be carried out during the
5-year planning period to support this strategy and achieve the goal.
27
Bayfront Development
Project:
Further Bayfront Revitalization Efforts
Description:
This project will expand the foundation for Bayfront revitalization through a continued partnership
with the Port of San Diego and Pacifica Companies resulting in comprehensive, up-to-date, and
streamlined policies and initiatives. The project also entails facilitating the contractual
components of the Goodrich Relocation Agreement (including H Street Extension and Marina
Parkway Realignment), and preparing and applying policy and legislative documents for
implementation of the Chula Vista Bayfront Master Plan elements. The process will enable
development of the Bayfront's major hotel/conference center, residential units, public amenities,
and all required infrastructure.
Metric: Completion of City/Agency obligations and installation of infrastructure as an incentive
for private investment resulting in 1500 hotel rooms, approximately 2000 residential units,
400,000 square feet of conference space, and creation of 2000 new hospitality jobs.
Key Departmental Partnerships: Chula Vista Nature Center, City Attorney, City Manager,
Office of Communications, Engineering, Finance, General Services, Planning and Building,
Public Works, Coastal Commission, Duke Energy, Fish and Wildlife, Fish and Game, Goodrich
Aerostructures, Pacifica Companies, Port of San Diego, State lands Commission
2006 2007 200. 200. 2010
Task 01 1 021 031 0' 0110210310, 0110210310, 0110210310' 0110210'10'
1 Complete General Plan and Local .
Coastal Plan Amendments
2 Prepare Joint Powers Agreement
3 Complete EIR
4 State Lands Commission Approval
5 Coastal Commission Approval
6 Entitle Residential Development
7 Engineer Public Infastructure
28
Strategic Goal
Expand Chula Vista's Economic and Jobs
Base at a Rate that Exceeds Regional,
State, and National Levels
Community Development has defined three strategies for achieving this
Goal:
. Actively recruit businesses from targeted industry sectors,
leveraging UPRC research and educational programs, and cultural
and economic ties with Mexico
. Focus business expansion and recruitment in the Urban Core
. Upgrade all print and web marketing material
The following section details the projects and programs that will be carried
out during the 5-year planning period to support these strategies and
achieve the goal.
29
Expand Economy and Jobs Base
Project:
Implement Cross-Border and International Economic Development
Programs with Federal, State, Local and Non-Government Agencies
from U.S. and Mexico
Description:
The City's cross-border and international relations program will coordinate with other public and
private entities to create and respond to cross border and international trade opportunities to
help grow the City's economic base. This program will establish promotional collaboration with
entities in Baja California, Mexico, including the State Department of Economic Development,
Tijuana Economic Development Corporation and Mexicali Economic Development Corporation.
Metric: Attract 10 NAFTA related businesses to Chula Vista; 500 new international trade-related
jobs
Key Departmental Partnerships: Mayor and City Council, City Manager, Intergovernmental
Affairs, Planning and Building,
20QIl 2007 2008 2009 2010
Task Q11Q21Q3104 Q11Q21Q3104 Q1 I Q21 Q31 Q4 Q11Q21Q31Q4
Q11Q21Q3104
1 Research and Recruit US Businesses
with Operations in Baja California
2 Study to Analyze Companies Supplying -
Regional Businesses
3 Recruit a Component of Operation to
Chula Vista
4 Develop MOU's and Co-Promote
Investment Opportunities
- Attract Businesses to ChuJa Vista
5 - Promote City's Visibility in International
Business Arena
30
Expand Economy and Jobs Base
Project:
Regional and National Business Attraction Program
Description:
Staff will team with UPRC participants to identify and recruit businesses that will benefit from
association with their programs. Specific targets will include sectors related to sustainability,
renewable energy, distributed generation, and systems integration and controls.
This promotional effort will establish a visible presence with regional and national industry
associations (International Economic Development Council, Industrial Assets Management
Council, California Association for Local Economic Development, and Corporate Real Estate
Network).
Metric: 500 new energy/technology jobs
Key Departmental Partnerships: Communications, General Services, Planning and Building
'006 2007 2008 2009 2010
Task 0110'103104 011 0'1 031 04 0110'103104 0110'103104 0110'103104
1 Identify Stock of Short and Long-term
Developable Land
2 Educate and Update San Diego . . . .
Business Attraction Entities Quarterly
3 Identify Appropriate National Industry
Association and Become Active Member
Re-establish Relationship with
4 Commercial/Residential Brokers and
Landowners
5 Develop Marketing Package
31
Expand Economy and Jobs Base
Project:
Third Avenue Village Clustered Storefront Improvement Program
Description:
This program will enhance Chula Vista's downtown retail and restaurant business district by
making highly visible facade improvements to multiple storefronts located contiguously, along the
3'" Avenue corridor. Eligible retail and restaurant owners may apply for a self-amortizing loan
ranging from $25,000 to $35,000 per storefront. The loan will be forgiven at the rate of 20%
annually, over a five-year period, contingent upon business owners meeting the following
specific program requirements: (1) Occupy the improved storefront for five consecutive years;
(2) Implement a Retail Marketing Plan to increase business; (3) Demonstrate an increase in tax
revenue over the five year term of the loan. The program will seek to leverage additional
sources of funding through energy grant applications.
Metric: Twenty new facade improvements on 3'" Avenue; increased pedestrian traffic;
increased tax revenue to the City.
Key Departmental Partnerships: City Manager, Office of Communications, General
Services, Planning and Building
2O<l6 2007 2008 200' 201.
Task 01102103104 01102103104 Q11Q21Q31Q4 o;r 021 0;J 04 01102103104
1 Identify Four Properties for SIP - - - - -
2 Develop and Issue RFP and Select -
Architects
3 Implement Training to SIP - - - - .
Businesses
4 Contract Agreement with Architects . . . . .
for SIP Project
5 Construction of Storefronts
32
Expand Economy and Jobs Base
Project:
Complete Chula Vista Auto Park Expansion
Description:
The Chula Vista Auto Park consists of three separate planning areas, Chula Vista Auto Park,
Auto Park North and Auto Park East. Chula Vista Auto Park is the original Auto Park and is fully
developed with Fuller Ford, Fuller Honda and People's Chevrolet.
In 2006, Auto Park North will have three new dealerships constructed - McCune Chrysler Dodge
Jeep, South Bay Motor Sports and Payless Used Car Sales, and Auto Park East will have one
new dealership - Chula Vista Toyota Scion. Each new dealership will generate a significant
amount of sales tax revenue to the City.
Staff efforts will focus on attracting additional dealerships to the existing 8-acre parcel and to the
five future parcels, which will total 12 acres. In addition, this project includes the design and
construction of a freeway directional sign promoting the Auto Park.
Metric: Attract five new dealerships or business with auto related uses to complete the Chula
Vista Auto Park Expansion; new Auto Park freeway sign; 400 new Auto Park jobs; $2 million
annual increase in auto related sales tax revenue
Key Departmental Partnerships: City Attorney, City Manager, Engineering, Planning &
Building
2006 2007 2008 2009 2010
Task Q11Q21Q31Q4 Ql1Q21Q31Q4 Ql1Q21Q31Q4 Q11Q21Q31Q4 Q11Q21Q31Q4
1 Acquire Land for Sign
2 Select Contractor to Construct &
Install Sign
3 Market Available Dealership Parcels
33
This Economic Development and Planning Study will provide Council with a set of market-based
planning recommendations for the development of the H Street Corridor. This study will provide
quantifiable economic information regarding market demand and will measure the costs and
benefits of alternative approaches.
Expand Economy and Jobs Base
Project:
Conduct Focused Geographic Area Economic Development and
Planning Study for H Street Corridor
Description:
Metric: Complete H Street corridor study.
Key Departmental Partnerships: Engineering, Finance, Planning and Building
2006
2007
2006
2009
2010
Task
QI
1 H Street Study
34
Expand Economy and Jobs Base
Project:
Small Business Development Training Program
Description:
This program will support small business retention and expansion by analyzing individual
business needs and facilitating customized technical and training assistance. This will include
facilitating a Customer Service Academy for downtown restaurant owners and staff, storefront
merchandising classes, and Marketing Plan development for retailers. The City will leverage its
resources by partnering with Southwestern College, SDSU, and National University. The Small
Business Development Training Program will demonstrate the City's commitment to revitalizing
the western side of Chula Vista and specifically the downtown business districts.
Metric: Increased customer satisfaction; small business growth; job retention
Key Departmental Partnerships: Communications, Planning and Building
2006
2007
2006
200'
2010
Task
Q1
1 Meet with Colleges and Universities
to Identify Resources
2 Coordinate Activities with Business
OWners
.
.
.
.
.
. Annual Program Assessment
3 - Periodic Meetings with Colleges
and Universities
-
-
-
-
35
Key Departmental Partnerships: Communications, Engineering, Planning and Building
Expand Economy and Jobs Base
Project:
Smart Business Links Program
Description:
This program will leverage the City's resources by partnering with public and private entities to
increase communication, build trust, survey and analyze business needs, and facilitate a
strategic and rapid approach to assisting the city's key businesses. The City will lead a Smart
Business Links (SBL) team of organizations offering a variety of services including energy cost
rebates, workforce development, financial assistance, marketing, permit and ombuds assistance.
The SBL team of organizations will include: SDG&E, South County Career Center, Chula Vista
Chamber of Commerce, CDC Small Business Finance Corp., Third Avenue Village Association,
San Diego Capital Collaborative, Chula Vista Redevelopment Agency, and County of San Diego.
Metric: Key business and job retention and creation; early assistance with permit processes;
increased communication and cooperation between public and private industry; leveraging of
grants or other funding to assist business success.
200' 2007 '008 2009 2010
Task Q1 I Q'I Q31 Q4 Q11 Q'I Q31 Q4 Q11Q21Q31Q4 Q11Q'IQ31Q4 Q11Q21Q31Q4
1 Identify Key Businesses and Criteria .
(Meets Bi-Annually)
2 - Assemble SBl Team Organization
- Begin Quarterly Meetings
3 Provide Assistance to Business
Community
4 Annual Program Assesment . . . . .1
36
Expand Economy and Jobs Base
Project:
Create and Maintain Professional-Standard, Distinctive, and Effective
Marketing Materials
Description:
This project will develop distinctive, high quality Business Expansion and Attraction marketing
packet materials. These showcase packets will include Chula Vista's demographic data
including population and business growth forecasts, housing and land development, long-range
educational plans, high-profile business development projects and key business incentive
programs. Marketing packets will be developed for the Chula Vista Auto Mall Expansion,
Regional Technology Park, Third Avenue Village Clustered Storefront Improvement Program,
Smart Business Links Program, Cross Border initiatives, and the University Park and Research
Center.
Metric: Currency and effectiveness of marketing material.
Key Departmental Partnerships: Communications, Planning and Building
2006 2007 2008 2009 2010
Task Q11Q21Q31Q4 Q11Q21Q31Q4 QIIQ2\a3ja4 Q1jQ21Q31Q4 Q11Q21Q31Q4
1 Consultant Agreements . .
2 Review of Materials . .
3 Approval of Documents . .
4 Bi-annual Review and Annual Updates . . . . . . . .
37
Strategic Goal
Strengthen Administrative and Management
Systems
~t ,
",,'.. if
"".
':;~'
Community Development has defined a single strategy for achieving this
Goal:
. Develop support systems, processes and structure that facilitate
inter-departmental project teams
The following section details the project that will be carried out during the
5-year planning period to support this strategy and achieve the goal.
38
'''1~
Strengthen Administrative Systems
Project:
Standardize Key Processes and Integrate with All Development
Services Departments
Descriotion:
This project will create processes for establishing cross-department teams to work on major
projects and programs. It will develop and implement tracking systems to enhance productivity,
timeliness, accuracy, and collaboration with all Development Services departments. The
systems will ensure that Community Development Department programs' legal and financial
obligations are tracked and met.
Metric: Streamline and enhance transparency of legal, financial, administrative, and contract
processes; threading information and processes through Development Services divisions and
departments; increase the proficiency and effectiveness of staff.
Key Departmental Partnerships: Office of Budget and Analysis, City Attorney, City Clerk,
Engineering, Finance, Human Resources, Management Information Systems, Planning and
Building, Purchasing Office
2006 2007 2008 200" 2010
Task 0110210310, Q1 I Q21 Q31 Q4 01102103104 Q11Q21Q31Q4 Q11 Q21 Q31 Q4
1 Develop Strategic Plan Matrix .
2 Transfer to City-Wide Filing System
3 Implement Strategic Plan Matrix
4 Develop Tracking Systems
Implement Tracking Systems for:
.. Projects
. Budgeting
.. Hearing Notices
5 .. Legal Notices
'" Contracts
.. Agreements
.. Time Requirements
.. Fiscal Requirements
39
Attachments
Attachment A -
Current Staff Assignments
Attachment B -
Basis for Strategic Objectives
CITY OF
(HUlA VISTA
Eric Crockett
Rt>deve/opmentManager
. StaffManagementilndDevek>pmenl
. RedevelopmenlProjedsProgramsJ
policies Team Leader
. Development Community Relationship
Manager
.DevelopmenlServicesPlOjecls
Managament Process Team Member
Ken Lee
PrlncipalCDSp8Cialisf
Displacement Study
Project Manager
RedevelopmentPoliciesJ
Programs Team Leader _
Palking Dislrict Study
Team Leader
LegislaliveAnalysis
Team Leader
CilyMarkProposal
Project Manager
CVRC Project Manager
Leilani Hines
(on loan 10
Redevelopment)
Sr. CD Sp6Cia/ist
Main Street Proposal
ProjedManager
Five Year _
ImplemenlationPlan
ProjeclManager
. RedevelopmentPlan
Amendments Project
Manager
. HousingElemenlProject
Manager
. CVRC Project Manager
Diem Do
Sr. CDSpacialist
. CDlRecruitmentProject
Manager
. Third and LProposal
I- Team Member
.Doll9lasWilsonENA
Project Manager
. RedevelopmentPolicy/
Principles Project
Manager
. CVRCProjeetManager
Janice Kluth
Sf CD Specialist
. PublicArchitectsENA
Project Manager
. LllllnarllntergullENA(E
L- StreetToD)Project
Manager
. SweetwaterUnionHjgh
SchoOl ~istrict
. Third Avenue Parltlng
Study
. CVRCProjectManager
Community Development Department
Denny Stone
E~Dsve/opmentManager
. Staff Management and Development
Unlversily Parlt and Re$llarchCenter
Project Manager
. UPRC Blue Ribbon CQ(J'HT'littee Staff
Community Development Strategic Plan
. Development SelVices Project
Management Team Member
Craig Rulz
PrlncipalCD SpaciaJis/
. BusinessAllIactionalld
Recruitment Programs
Co-leader
. AutoParltProject
Manager
. BayfrontMasterPlan
Finance Committee _
Member
. High Tech High Project
Manager
o HSlreetCorrK:lorProject
Manager
. Marltetill9and
Advertising Materials
Program Manager
. CoorsAmphdheater
Liaison
Lynette Jones
Sr. CD Sp9cilllisl
Business Retention and
Expansion Programs
Leader
Smart Business Links
Program Manager
. ThirdAvenueV~lage
Assoc. (TAVA) Board
Member
o TAVA Economic
Restructuring Committee
Member
o ChulaVistaChamberot
Commerce Liaison-
Economic DeveJopm9nt
Commiltee
San Diego Regional
Chilmber of Commerce
Small Business Advisory
Committee
Gustavo Perez
Sr. CD Specialist
. BusinessAltractionand
RecruilmentPrograms
Co-leader
. SouthCountyEOC
f-. ~~~:~o~~~~ng,
InfrnstructureandPublic
Policy Committees
San Diego Regional
EOCLiaison
. SANDAG Cross-bOfder
Committee Liaison
. City's Bilingual Public
InformationOlficer
-
Dana SmIth
AssJsan/CwMJIlJger/Dr&cc
Ann H,x
A,s!SliJl1lDrsclor
Mary Ann Stepnowsky
Sr. ManagamllflfAna/ys/
. Staff Management and Development
. Annual Budget Process Coordinator
. Administralive and Fiscal Support
Manager
Mary Donnelly
Sr.Admin.secretatY
. Maintains Assistant City
Manager/Director's and
AssistantDirecto~s
calendars
. Administrativesupportl?_
Assistant City Managerl
Director,Assistant
Director,Managers,and
,off
o Provides secretarial
supporttotheCVRC
Resealches records and
files
Linda Welch
Sr. SeCf8/ary
. Protect Accounting
. Providesadministralive -
support
. Assists in budget
mon~oring and
preparation
Palmira Montiel
Sr.5ecte1atY
. Front desk receptionist
o Preparespayrolt
o Qrdersolficesupplies,
_ maintain supply
Inventory
. ProvK:lesadministrative
support to tile
department aod various
communitycommitlees
Providesadministralive
support
Sandy Keo
S8Cf//fary
. Accountspayable
. Mainlain contract log,
L rouleandtrackorjginals
forsignature,create
purchase order
. Formatsdocumenlsin
VlSlOorPowerPolnt
Providesadministralive
support
Mandy Mills
Housing Manager
. Staff Management and Development
o IndusionaryHousingCompliance
o Long-range Planning
. NewlegislationJPolicyreview
Stacey Kurz
Sr.CDSpeciaHst
. MobilehomeRent
Review
. HousingAdvisory
Commission
o Homebuyers Program
. AIfOfdableHousing
Agreements
Jose Dorado
CD Specialislll
o HOME Grant
Administratioo
o Emergency-Shener
Grant Administralion
. HomelessPrograms
. Contract Monitoring
-
Angelica Davis
CD Specialisfll
- 0 ~~~is~;:t~~n
Sec/ionl08Loan
HUD Annual Plan
Reporting
-
Attachment A
Mary Ladiana
Planning Managar
. Staff Management and Development
. TeamLeaderforlongrangeplanniflg
policy and documents and processing
project level planning entillementswithin
the Cily's Redevelopment Areas
Development SelVices Project
Management Team Member
Lelsa Lukes
Principal CD Specialist
. BayfrootMasterPlan
Team Member
BayflontProjecl-levei
Planning Entitlements
o PlanningEolillement
Process Improvement
. Co-chairsCity'sProject
Review Committee
Brian Sheehan
Sr. CD Specialist
Facilitates Review of
Project--levelPlanning
Enliflements,Policy
Documents and _
MlIlistenalRevlewsfor
north Redevelopment
ereas
. TechnicalLeadon
Sustainab~ity Issues,
includingLEED
Certification
Miguel Tapia
Sr.CDSpacialisl
. FadldalesReviewof
Project-levelPlanlllng
Entdlaments, Policy
- Documentsand
Minislerial Reviews for
SQulhRedevelopment
areas
BayfrontSpecificPlan
Amendments Team
Merrtler
Frank Alvarez
CDSpeciaJis/1I
FacilitalesReviewol
Project-levalPlannlrlg
En@emenla,Policy
Documenlsand
_ Ministerial Reviews for
various Radavelopment
areas
Processes
Miscellaneous Zoning
Requests
. Provide Technical
Support (GIS, AN
equipment)
Attachment B
Development of Community Development's Strategic Objectives
The Strategic Objectives were developed to provide achievable yet aggressive targets. While
many of the objectives are inter-related and inter-dependent, the foundation for the objectives are
described individually below:
. Generating $10 million annually in new City revenues
o Components of this objective include
. Transient Occupancy Tax (TOT) on new hotel development
. Sales tax generated by
. Residents of new dwelling units in project areas
. Employee spending in new SW commercial space
. Hotel guests in new hotel/conference centers
. Vehicle License Fees for residents of new dwelling units
. Creating 5500 new jobs
o Components of this objective include
. Education/research employment at UPRC
. Bayfront construction employment
. New hospitality employment at Bayfront
. NAFTA related employment growth
. Energy/Technology related employment growth
. Auto Park employment growth
. Funding $75 million in public improvement in western Chula Vista
o Components of this objective include
. Bonding capacity created by new tax increment on residential and
commercial development in western Chula Vista
. Providing 3500 new college-level seats
o Components of this objective include
. Opening enrollment at UPRC
. Creating 500,000 square feet of new commercial space in the Southwest
o Components of this objective include
. Commercial/retail redevelopment projects
. Adding 500 new dwelling units in the Third Avenue Village and E Street Transit
Oriented Development (ToO)
o Components of this objective include
. Cumulative residential units in project areas