HomeMy WebLinkAboutAgenda Packet 2006/07/18
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted ~ ~ ~
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VISTA
Stephen C. Padilla, Mayor
Patricia E. Chavez, Councilmember Jim Thomson, Interim City Manager
John McCann, Councilmember Ann Moore, City Attorney
Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk
Steve Castaneda, Councilmember
July 18, 2006
6:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATHS OF OFFICE
Mark Minas - Housing Advisory Commission
Pedro De Lara - Charter Review Commission
Joanne Clayton - Planning Commission
Scott Vinson - Planning Commission
· PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK
MARTIN, RECREATION DIRECTOR, AND THE FRIENDS OF PARKS AND
RECREATION, DECLARING JULY 16-22, 2006 AS NATIONAL AQUATIC WEEK
IN THE CITY OF CHULA VISTA, ALONG WITH A CHECK FOR $3,500 FROM
RUDOLPH AND SLETTEN TO HELP FUND THE ELEMENTARY SCHOOL
LEARN TO SWIM PROGRAM
· PRESENTATION BY JACK BLAKELY, DIRECTOR OF THE THIRD AVENUE
VILLAGE ASSOCIATION, OF A $1,742 DONATION TO THE CHULA_\{lSTJ:\.
ANIMAL CARE FACILITY FROM THE PET FEST 2006 PROCEEDS
· DID YOU KNOW...THAT THERE'S A NEW LOOK ONLINE? (Presented by Liz
Pursell, Communications Director)
CONSENT CALENDAR
(Items 1 through 9)
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 jill 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. WRITTEN COMMUNICATIONS
A. Memorandum from Councilmember Castaneda requesting an excused absence
from the July 11, 2006 City Council Meeting.
Staff recommendation: Council excuse the absence.
B. Letter of resignation from Gary Nordstrom, member ofthe Planning Commission.
(This vacancy was posted on July 11, 2006 in accordance with the Maddy Act.)
Staff recommendation: Council accept the resignation.
C. Letter of resignation from Karen Batcher, member of the Board of Ethics.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF
UNCLASSIFIED POSITIONS TO ADD THE POSITIONS OF EXECUTIVE
DIRECTOR OF THE REDEVELOPMENT AGENCY/CEO OF THE CVRC, CBAG
EXECUTIVE DIRECTOR, AND DEVELOPMENT PLANNING IMPROVEMENT
MANAGER (SECOND READING, CONTINUED FROM JULY 11, 2006, 4/5THS
VOTE REQUIRED)
Chula Vista City Charter section 500 requires that all unclassified positions not
mentioned specifically in Charter section 500 be adopted by Ordinance. Adoption of the
ordinance adds the unclassified position titles of Executive Director of the
Redevelopment Agency/CEO of the CVRC, CBAG Executive Director, and
Development Planning Improvement Manager to Municipal Code Section 2.05.010.
(Budget and Analysis Director)
Staff Recommendation: Council adopt the ordinance.
3. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA- VISTA'
APPROVING THE ENGINEER'S REPORTS FOR THE FISCAL YEAR 2006/2007
SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICTS 2 THROUGH 11,14,
15, 17, 18, 20, 23, 24, 26, 31 AND 33, EASTLAKE MAINTENANCE DISTRICT NO.
1, BAY BOULEVARD, AND TOWN CENTRE MAINTENANCE DISTRICTS;
DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND
SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS
Page 2 - Council Agenda
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July 18, 2006
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2006/2007
SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 1, DECLARING THE
INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A
PUBLIC HEARING REGARDING THESE ASSESSMENTS
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2006/2007
SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 18, DECLARING THE
INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A
PUBLIC HEARING REGARDING THESE ASSESSMENTS
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2006/2007
SPREAD OF ASSESSMENTS FOR OPEN SPACE DISTRICT 20, DECLARING THE
INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND SETTING A
PUBLIC HEARING REGARDING THESE ASSESSMENTS
E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE ENGINEER'S REPORT FOR THE FISCAL YEAR 2006/2007
SPREAD OF ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT NO.1,
DECLARING THE INTENTION TO LEVY AND COLLECT ASSESSMENTS, AND
SETTING A PUBLIC HEARING REGARDING THESE ASSESSMENTS
F. RESOLUTION OF THE CITY CLERK OF THE CITY OF CHULA VISTA
APPROVING THE DEVELOPMENT OF A PUBLIC OUTREACH AND
EDUCATION EFFORT TO INCLUDE A BASELINE RESIDENT SURVEY
REGARDING POTENTIAL OPEN SPACE DISTRICT LEVY INCREASES
RELATED TO LEVELS OF SERVICE AND POTENTIAL EXPANSIONS OF
SERVICE FOR BRUSH MANAGEMENT EFFORTS TO ENHANCE FIRE SAFETY
The City administers and maintains 24 open space districts that have been established
over the last 30 years. The districts provide a financing mechanism to maintain the
public open space areas associated with each particular development. The levy of an
annual assessment for Fiscal Year 200612007 enables the City to collect sufficient funds
to provide these ongoing services. (Acting Engineering Director)
Staff recommendation: Council adopt the resolutions and set the public hearing for
August 1,2006 at 4:00 p.m.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING THE SUMMARY VACATION OF A PORTION OF THE
NORTHWESTERLY SIDE OF QUINTARD STREET LYING ADJACENT TO THE
PROPERTIES LOCATED AT 374, 392, 394, 396, AND 398 QUINTARD STREET ~.
The Engineering Department is requesting that a portion of the northwesterly side of
Quintard Street, immediately north of Orange Avenue and easterly of Fourth Avenue, be
vacated, as it is no longer needed for public use. (Acting Engineering Director)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda
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July 18, 2006
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE MAYOR TO APPROVE THE SCOPE OF THE AGREEMENT
WITH BOB MURRAY & ASSOCIATES TO CONDUCT AN EXECUTIVE SEARCH
FOR THE POSITION OF CITY MANAGER
Adoption of the resolution authorizes the Mayor to approve the scope of an agreement
with Bob Murray & Associates to conduct an executive search for the position of City
Manager. The firm of Bob Murray & Associates specializes in, and has an excellent
reputation throughout the State for conducting municipal executive recruitments.
(Human Resources Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2007 BUDGET BY APPROPRIATING $136,600
FROM THE AVAILABLE BALANCE OF THE TRAFFIC CONGESTION RELIEF
FUND TO PURCHASE CONSTRUCTION MATERIALS TO COMPLETE STREET
MAINTENANCE TASKS BY CITY CREWS (4/5THS VOTE REQUIRED)
The Public Works Operations Department recently discovered that asphalt prices for
Fiscal Year 2007 would be increasing between 54% and 68%, depending on the type.
Therefore, based on the department's estimated usage, a budget adjustment is required to
ensure Street Maintenance crews continue to complete street-related tasks, such as
pothole patching and street reconstructions, throughout the year. (Public Works
Operations Director)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING A PURCHASING AGREEMENT OF $45,210 TO JENAL
ENGINEERING CORPORATION FOR UNDERGROUND FUEL STORAGE TANK
REMOVAL AT THE JOHN LIPPITT PUBLIC WORKS CENTER
The Public Works Center currently utilizes three underground storage tanks to hold
unleaded and diesel fuel. Although no fuel has spilled, two of the tanks failed to pass a
state-mandated test to ensure the integrity of the outer wall. As a result, the San Diego
County Department of Public Health has directed the City to remove these two non-
compliant tanks. (Public Works Operations Director)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY ENGINEER TO ISSUE AN ENCROACHMENT PERMIT
NO. PE-682 FOR INSTALLATION OF A RETAINING WALL AND FENCE ALONG
EASTLAKE P ARKW A Y
._. ~
In September 2005, the Design Review Committee (DRC) approved the Eastlake Village
Walk at the southern comer of Eastlake Parkway and Miller Drive that consists of 13.3
acres of commercia11and. VWE, LLC, owners of the project, are proposing to construct
a retaining wall and fence within the City's right-of-way. The retaining wall was
pursuant to Section 12.28 ofthe Municipal Code. (Acting Engineering Director)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Agenda
http://www.chulavistaca.gov
July 18, 2006
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN ENTRY PERMIT WITH SAN DIEGO GAS AND ELECTRIC
(SDG&E) TO ENTER ONTO SDG&E PROPERTY FOR USE AS PUBLIC PARKING
AT THE NATURE CENTER EVENT, AND AUTHORIZING THE MAYOR TO
EXECUTE THE ENTRY PERMIT
On July 22, 2006, the Nature Center will open its newest exhibits. The parking lot
normally used for Nature Center visitors is expected to be insufficient to meet the
demands of the weekend events at the Nature Center. SDG&E has offered the use of the
parcel immediately to the south of the current lot, but is requiring approval of a standard
Entry Permit. (Nature Center 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.
10. CONSIDERATION OF A REPORT FROM THE CHARTER REVIEW COMMISSION
REGARDING THE APPOINTMENT PROCESS FOR UNANTICIPATED
V ACANCIES ON THE CITY COUNCIL
By request of the Council, the Charter Review Commission reviewed the provisions of
the City Charter regarding the process for filling unanticipated vacancies on the City
Council. In the report, a series of recommendations are presented for Council
consideration. (City Attorney) _ ~
Staff recommendation: Council accept the report.
11. CONSIDERATION OF ADOPTION OF AN ORDINANCE REGULATING
LOBBYISTS IN THE CITY OF CHULA VISTA
Page 5 - Council Agenda
http://www .chulavistaca. gov
July 18, 2006
On May 23, 2006, the Council placed on first reading a draft ordinance regulating
municipal lobbyists. Council then directed the ordinance be sent to the Board of Ethics
for review prior to the second reading. The second reading was to be considered within
60 days of the first reading. (City Attorney)
Staff recommendation: Council adopt the following ordinance:
ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.72
OF THE CHULA VISTA MUNICIPAL CODE TO REGULATE MUNICIPAL
LOBBYISTS (SECOND READING)
OTHER BUSINESS
12. CITY MANAGER'S REPORTS
13. MAYOR'S REPORTS
14. 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).
15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One Case
ADJOURNMENT to the Regular Meeting on July 25, 2006 at 6:00 p.m. in the Council
Chambers.
In compliance with the
AMERICANS WITH DISABILITIES ACT
.-. ;.
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The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired
Page 6 - Council Agenda
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July 18, 2006
RECEIVED
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Councilmember Steve Castaneda
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
"06 Jl. -7 P3:00
CITY OF
CHUIA VISTA
itH ftJWSM 0
Friday, July 07, 2006
TO: Mayor and City Councilmembers
cc:
City Manager, City Clerk, City Attorney
Councilmember Steve Castane~
Absence from Office
RECEIVED
FROM:
RE:
I will be out of town at the ICLEI 2006 North American Congress in Chicago, IL from
July 11, 2006 through July 15, 2006. I request to be excused from the City Council
Meeting of July 11, 2006. Thank you.
, /1
Ii
City of Chula Vista
Att: City Clerk
276 Fourth Ave
Chula Vista, CA 91910
July 7th, 2006
Dear Mayor Padilla & Council Members,
It is with deep regret, that I must submit a letter of resignation to the Planning
Commission, effective immediately. Gail and I have made the decision to dO\Vllsize from
our 3000 sq ft home in Bonita, to the horne, where I grew up, in Mission Hills. My
Mother and Father purchased the horne, 55 years ago, when I was 5 and now it will
become our retirement home. We will continue to practice real estate in Chula Vista and
maintain our relationship with the Corky McMillin Company. I will also maintain several
board positions in Chula Vista, so I will remain active in Chula Vista going forward.
My involvement with the City of Chula Vista and the Staff and other volunteers, has been
a treasured experience which will bring fond memories for the rest of my life. The future
ofChula Vista is very bright indeed and I'm glad to have been a small part of that future.
ReW"}:r:h-
d/Jlli!f!u
3021~0~e St.
San Diego, CA 92103
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BATCHER. ZARCONE & BAKER. LLP
ATTORNEYS AT LAW
SOUTH BAY OFFICE
4190 BONfl'A ROAD, SUITE 205
BONITA, CALlT'ORNTA 91902
K1\ REN A. BATCHER
kbatcher@bzblaw.com
TELEPHONE: 619.475.7882
FACSIMILE: 619.789.6262
ADDrnONAL SAN DIEGO
OFFICES
June 27, 2006
Mayor Steve Padilla
Chula Vista City Council
276 Fourth Avenue
Chula Vista, California 91910
Re: Resignation
Dear Ladies and Gentlemen:
It is with great regret that I tender my resignation from the Chula Vista Board of Ethics effective
immediately. It has been an honor to serve as a Board member over the past couple of years. I
have great respect for the other members who have dedicated so much of their personal time for
the betterment of our Community and trust that the remaining members will continue to work
hard to promote the principles and goals of the Board.
Regards,
ZARCONE & BAKER, LLP
.t
Cc: Board of Ethics
MAILING ADDRESS
4252 BONTT1\ ROAD, #151 . BONITA, CALIFORNIA. 91902
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COUNCIL AGENDA STATEMENT
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Item (::-t~-'
Meeting Date 7/18/06
ITEM TITLE:
Council Ordinance:
ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION
2.05.010 RELATING TO THE
ESTABLISHMENT OF UNCLASSIFIED
POSITIONS TO ADD THE POSITIONS OF
EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY/CEO OF THE
CVRC, CBAG EXECUTIVE DIRECTOR, AND
DEVELOPMENT PLANNING AND
IMPROVEMENT MANAGER (SECOND
READING)
SUBMITTED BY: Director of Budget & AnalysisGf&..-~O\J
REVIEWED BY: City Manag?~ 't\ (4/5ths Vote: Yes ~No_)
On June 20, 2006 City Council adopted the fiscal year 2007 budget - with the
adoption of the Budget, Council also took action to amend the budget to exclude
the proposed addition of a Principal Management Assistant/Council Liaison. Due
to an administrative oversight the ordinance that was distributed for second
reading at the Council meeting of July 11, 2006 did not include the amendment
made by Council. The amended ordinance no longer includes the Principal
Management Analyst/Council Liaison.
Chula Vista City Charter section 500 requires that all unclassified positions not
mentioned specifically in Charter section 500 be adopted by Ordinance.
Adoption of the ordinance adds the unclassified position titles of Executive
Director of the Redevelopment Agency/CEO of the CVRC, CBAG Executive
Director, and Development Planning Improvement Manager to Municipal Code
Section 2.05.01 O. ~ ; -
RECOMMENDATION:
That the City Council:
· Establish the following new unclassified positions:
2-1
"'1
Page 2, Item ,;:;"--
Meeting Date 7/18/06
o Executive Director of the Redevelopment Agency/CEO of the
CVRC in the executive management group with a bi-weekly E-step
salary of $5,677.79
o CBAG Executive Director in the executive management group with
a bi-weekly E-step salary of $4,754.15
o Development Planning and Improvement Manager in the senior
management group with a bi-weekly E-step salary of $4,414.23
BOARDS & COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION
The fiscal year 2007 budget included several staffing changes that included
reclassifications, transfers, and new positions. As part of these changes four
new unclassified positions were recommended - Executive Director of the
Redevelopment Agency/CEO of the CVRC, CBAG Executive Director,
Development Planning Improvement Manager, and Principal Management
Assistant/ Council Liaison. At the June 20, 2006 Council meeting, the City
Council adopted the fiscal year 2007 budget and excluded the Principal
Management Assistant/Council Liaison.
Chula Vista City Charter Section 500 requires that all unclassified positions not
mentioned specifically in Charter Section 500 be adopted by Ordinance. The
adoption of the ordinance will add the unclassified position titles of Executive
Director of the Redevelopment Agency/CEO of the CVRC, CBAG Executive
Director, and Development Planning Improvement Manager to MuniCipal Code
Section 2.05.010. The Principal Management Analyst/Council Liaison has been
excluded from the amended ordinance.
It should be noted that the positions included in Chula Vista Municipal Code
Section 2.05.010 include positions that have been previously added by
ordinance; not all of these positions are currently positions included in the
budget. For example, this section includes the title of Assistant Chief of Police
even though this position is not included in the fiscal year 2007 budget. For
administrative purposes, titles may be kept as authorized titles though the
positions may not be authorized in the budget.
. j!,
. .<
FISCAL IMPACT: This is the second reading of the ordinance amending the
Section 2.05.010 of the Chula Vista Municipal Code; therefore, there is no fiscal
impact from this action.
2-2
ORDINANCE NO. ~
ORDINANCE OF THE CITY COUNCIL OF THE C~TY ~
CHULA VISTA AMENDING CHULA VISTA MUNI
CODE SECTION 2.05.010 RELATING _Ie HE
ESTABLISHMENT OF UNCLASSIFIED PQ.puNS TO
ADD THE POSITIONS OF EXECUTIVE ~~ECTOR OF
THE REDEVELOPMENT AGENCY/CEO OF THE CVRC,
CBAG EXECUTIVE DIRECTOR, AND DEVELOPMENT
PLANNING AND IMPROVEMENT MANAGER
WHEREAS, the Human Resources Department has created new classifications
to better reflect the needs of the City's workforce; and
WHEREAS, the Charter Section 500(a) requires that all new unclassified
management level positions be adopted by ordinance and a four-fifths vote of the
Council.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.05.010
Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of
the Charter of the City, there are established the unclassified positions entitled
Administrative Services Manager, Advanced Planning Manager, Animal Control
Manager, Assistant Chief of Police, Assistant Director of Budget and Analysis, Assistant
Director of Building and Housing, Assistant Director of Community Development,
Assistant Director of Finance, Assistant Director of Human Resources, Assistant
Director of Planning, Assistant Director of Public Works and Operations, Assistant
Director of Recreation, Assistant Library Director, Building and Park Construction
Manager, California Border Alliance Group (CBAG) Deputy Executive Director, CBAG
Budget Manager, CBAG Executive Assistant, CBAG Executive Director, CBAG
Graphics DesignerlWebmaster, CBAG Management Assistant, CBAG
Methamphetamine Strike Force Coordinator, CBAG Network Administrator I, CBAG
Network Administrator II, CBAG Network Manager, CBAG Operations/Intelligence
Coordinator, CBAG Program Analyst, CBAG Regional Computer Forensic Laboratory
Network Engineer, Chief Learning Officer, Chief of Staff, Coastal/Environmental Policy
Consultant, Communications Manager, Community Liaison (Assigned to the Office of
the Mayor and City Council), Community Relations Manager, Constituent Seryice:?
Manager, Cultural Arts & Fund Development Manager, Deputy Building Official, Bu'ilding
Services Manager, Deputy City Manager, Deputy Director of Engineering, Deputy
Director of General Services, Deputy Director of Planning, Deputy Fire Chief,
Development Planning & Improvement Manager, Development Planning Manager,
Director of Budget and Analysis, Director of Communications, Director of Conservation
and Environmental Services, Director of Employee Development, Energy Services
Manager, Executive Director of the Redevelopment Agency/CEO of the CVRC, Fiscal
Operations Manager, Human Resources Operations Manager, Intergovernmental
2-3
Ordinance No.
Page 2
Affairs Coordinator, Office Specialist (Mayor's Office), Parks and Open Space Manager,
Police Captain, Purchasing Agent, Real Property Manager, Risk Manager, Senior
Council Assistant, Traffic Engineer, Transit Coordinator, Treasury Manager.
SECTION II: This ordinance shall take effect and be in full force thirty days from its
adoption.
Submitted by:
Approved as to form by:
Edward Van Eenoo
Director of Budget and Analysis
~~\\'~ ,( 0A \\\Z\~d~0,~,
Ann Moore .
City Attorney
2-4
COUNCIL AGENDA STATEMENT
.::':':'. ;;
Item . ~<_-:
Meeting Date 7/18/06
ITEM TITLE:
Resolution approving the Engineer's Reports for the FY 2006/07
spread of assessments for Open Space Districts 2 through 11, 14, 15, 17,23,24,26,
31 and 33, Bay Boulevard, and Town Centre Maintenance Districts; declaring the
intention to levy and collect assessments; and setting a public hearing regarding these
assessments.
Resolution approving the Engineer's Report for the FY 2006/07
spread of assessments for Open Space District 1, declaring the intention to levy and
collect assessments, and setting a public hearing regarding these assessments.
Resolution approving the Engineer's Report for the FY 2006/07
spread of assessments for Open Space District 18, declaring the intention to levy and
collect assessments, and setting a public hearing regarding these assessments.
Resolution approving the Engineer's Report for the FY 2006/07
spread of assessments for Open Space District 20, declaring the intention to levy and
collect assessments, and setting a public hearing regarding these assessments.
Resolution approving the Engineer's Report for the FY 2006/07
spread of assessments for Eastlake Maintenance District No.1 (ELMD # 1), declaring
the intention to levy and collect assessments, and setting a public hearing regarding
these assessments.
SUBMITTED BY:
Resolution approving the development of a public outreach and
education effort to include a baseline resident survey regarding potential Open Space
District levy increases related to levels of service and potential expansions of service
for brush management efforts to enhance fire safety.
~ ' l.- \3.
Acting Director of Engineering 1t'O' .~<''-'
Interim City Manager~vJ.fA ::r1
(4/5ths Vote: Yes_No~
REVIEWED BY:
The City administers and maintains thirty-six (36) Open Space Districts and associated zones that have been
established over the last thirty years. The Districts provide a financing mechanism to maintain the public
open space areas associated with each particular development. The levy of an annual assessment for FY
2006/07 will enable the City to collect sufficient funds to provide these ongoing services. The City
Council's approval of the levy is required by the first week of August in order to meet the deadlines
established by the County Tax Assessor. This year's process includes discussion of the impacts of
Proposition 218 and potential service increases in order to expand brush management efforts to enhance fire
safety.
RECOMMENDATION: That Council set the public hearing for August 1,2006 at 4:00 p.m. and adopt
the resolutions:
3-1
Page 2, Item ~
Meeting Date 07/18/2006
1) Approving the Engineer's Reports for the FY 2006/07 spread of assessments for Open Space
Districts 2 through 11, 14, 15, 17, 23, 24, 26, 31 and 33, Bay Boulevard, and Town Centre
Maintenance Districts; declaring the intention to levy and collect assessments; and setting a
public hearing regarding these assessments;
2) Approving the Engineer's Report for the FY 2006/07 spread of assessments for Open Space
District 1, declaring the intention to levy and collect assessments, and setting a public hearing
regarding these assessments;
3) Approving the Engineer's Report for the FY 2006/07 spread of assessments for Open Space
District 18, declaring the intention to levy and collect assessments, and setting a public hearing
regarding these assessments;
4) Approving the Engineer's Report for the FY 2006/07 spread of assessments for Open Space
District 20, declaring the intention to levy and collect assessments, and setting a public hearing
regarding these assessments;
5) Approving the Engineer's Report for the FY 2006/07 spread of assessments for Eastlake
Maintenance District No.1 (ELMD #1), declaring the intention to levy and collect assessments,
and setting a public hearing regarding these assessments; and,
6) Approving the development of a public outreach and education effort to include a baseline
resident survey regarding potential Open Space District levy increases related to levels of service
and potential expansions of service for brush management efforts to enhance fire safety.
BOARDS/COMMISSIONS: N/A
DISCUSSION:
Open Space Districts (OSD's) were established in conjunction with each particular development to ensure
financing for the perpetual maintenance of common open space areas. OSD' s provide a mechanism for the
City to levy an annual assessment and collectible to cover the costs of maintenance associated with each
OSD. Once City Council approves the annual collectible amount, it is sent to the County for inclusion on
the tax bill.
Each year Council must take two actions before levying the annual assessment. First, Council approves the
Engineer's Report on Open Space Districts, declares its intention to levy the annual assessment, and sets the
date and time for a public hearing. The second action is to conduct the public hearing, take and consider
public testimony, and levy the annual assessment and set the amount to be collected against the assessment.
Tonight's action is the first step in this process.
Pursuant to state law and the Municipal Code, the City Engineer has prepared and filed annual reports for all
existing Open Space Districts that are included as Attachments 1 and 2 to this report. The annual reports
allow Council to review the history of the Open Space Districts. The report includes information regarding:
· the proposed budgets
· funds remaining in the account
3-2
II
Page 3, Item '!)
Meeting Date 07/18/2006
.
the proposed assessment (based upon the prior year assessment plus an inflation factor)
the collectible (the amount needed from each property owner to provide sufficient funds for
the following fiscal year's maintenance)
.
Table 1 lists the names and locations ofthe Districts. Note that separate resolutions include action on OSD
l, 18, 20, and Eastlake Maintenance District No.1.
Table 1. Open Space Districts Within the City of Chula Vista
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1 EI Rancho del Rey Units 1 - 4 East of Paseo Ranchero - H Street & Telegraph Canyon Road
2 Lark Haven South and East of Loma Verde Park
3 Rancho Robinhood Units 1 & 2 South of Allen School Lane
4 Bonita Ridge Camino Elevado north of Otay Lakes Road
5 South Bay Villas North end of Crest Drive south of E Street
6 Hilltop Vista Camino Vista Real north of Telegraph Canyon Road
7 Zenith Units 2, 3, and 4 North & South of Palomar, east of 1-805
8 Rancho Robinhood Unit 3 Surrey Drive southwest of Otay Lakes Road
9 EI Rancho del Rey Paseo del Rey, north of Telegraph Canyon Road
10 EI Rancho del Rey 6, Casa del Rey West of Paseo Ranchero - H & J Streets
11 Hidden Vista Village East H Street, east of 1-805
14 Bonita Long Canyon North of East H Street - Otay lakes Road & Corral Canyon Road
15 Bonita Haciendas Canyon Drive, east of Otay lakes Road
17 Bel Air Ridge Northeast of Paseo Ladera & East J Street
18 Rancho del Sur East end of East Naples Street
20 Rancho del Rey North of East H Street, west of Otay lakes Road
23 Otay Rio Business Park West of Heritage/Otay Valley Road, south of Otay Rio Road
24 Canyon View Homes Rutgers Avenue, south of East H Street
26 Park Bonita West of the intersection of E Street & Bonita Road
31 Telegraph Canyon Estates North of Otay Lakes Road, west of SR-125
33 Broadway Business Home Village West side of Broadway - J & K Streets
- Eastlake Maintenance District NO.1 Eastlake 1, EastJake Greens, Salt Creek 1, OTC, Telegraph Canyon
Channel
- Bay Boulevard Maintenance District Bay Boulevard - E & F Streets
- Town Centre Maintenance District Third Avenue - E & G Streets
Improvements and Services
The facilities and items to be maintained by the Open Space Districts consist, in general, of the following:
3-3
1. Irrigation
2. Fertilization
3. Aerification
4. Pest control
5. Insect infestation control
6. Removal of weeds, trash and litter
7. Removal of noxious plant materials
8. Trail maintenance
9. Public walkway cleaning
10. Low flow and brow channel maintenance
11. Weed abatement
Proposition 218
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Page 4, Item ~
Meeting Date 07/18/2006
12. Pond equipment and maintenance
13. Pedestrian light maintenance
14. Signage within trails/canyons
15. Pruning of trees and shrubs
16. Replacement of dead or diseased plant material
17. Repair of irrigation equipment
18. Irrigation equipment upgrades
19. Brush clearance
20. Encroachment trims
21. Fencing maintenance
On November 5,1996, Proposition 218- the "Right to Vote on Taxes Act," was approved by a majority of
voters in a general election and took effect on July 1, 1997. This proposition severely impacted the
formation of Open Space Districts by the "1972 Landscaping & Lighting Act." This impact stemmed from
the burden placed on cities to show that parcels to be assessed received a "special benefit." In addition, all
future increases in the amount of the assessment require the approval by the property owners via a ballot
procedure. The only exception to this requirement is the use of an inflation formula, approved by property
owners during the formation of the district. This approach was adopted by the City, and is discussed in the
"Assessments & Collectible" section of this report.
The passage of Proposition 218 added an additional layer to the procedural requirements of the majority
protest provisions related to assessments. To disapprove an assessment, previous law required a majority
protest of property owners owning more than 50% of the assessable area, but did not require an election.
Proposition 218 now requires that the agency mail a ballot to each property owner of record. Then, when the
ballots are counted, the determination of majority protest is based on the number of voters actually
submitting ballots. In addition, Proposition 218 removed the ability of the legislative body to override a
majority protest.
Assessments & Collectibles
The City ofChula Vista Municipal Code makes the distinction between the assessment and the amount that
the City may collect against the assessment (i.e., the collectible). The assessments for FY 2006107 are
proposed at the FY 2005/06 amounts adjusted by the inflation factor of3.66% pursuant to the Municipal
Code. (The inflation factor is based upon the lower of two separate, published inflation factors.) In the
mid-l 990 ' s (and for all Open Space Districts established after that date), Council approved the assessments
with an inflation factor. Since that date, Council may annually increase the assessment by this inflation
factor without this increase being subject to a protest vote under Proposition 218. The collectible, on the
other hand, is the amount to be actually collected from the property owner and is equal to, or lower than, the
proposed assessment. As detailed in Attachment 2, the collectible is based on the budget, the reserve
requirement, savings and fund balances, earned interest, and prior years' savings.
The proposed assessments and collectibles for FY 2006/07 are as follows:
Table 2. Historical and Proposed FY 2006/07 Assessments/Collectibles
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Page 5, Item ~,?
Meeting Date 07/18/2006
Open Space District Proposed
orZone FY 04105 FY 05/06 FY 05/06 FY 06/07
1 $ 103.43 $ 107.21 $ 111.13 $ 100.00 $ 86.00 $ (14.00) -14% $ 56,913.94
2 $ 47.98 $ 49.73 $ 51.55 $ 49.00 1$ 51.00 $ 2.00 4% $ 12,699.00
3 $ 328.45 $ 340.44 $ 352.90 $ 340.00 1$ 352.00 $ 12.00 4% $ 44,704.00
4 $ 346.93 $ 359.59 $ 372.75 $ 356.00 1$ 361.00 $ 5.00 1% $ 75,810.00
5 $ 338.30 $ 350.65 $ 363.48 $ 290.00 1$ 227.00 $ (63.00) -22% $ 27,694.00
6 $ 167.29 $ 173.40 $ 179.74 $ 113.00 1$ 112.00 $ (1.00) -1% $ 18,144.00
7 $ 116.87 $ 121.14 $ 125.57 $ 120.00 1$ 125.00 $ 5.00 4% $ 13,000.00
8 $ 533.88 $ 553.37 $ 573.62 $ 509.00 1$ 572.00 $ 63.00 12% $ 62,920.00
9 $ 151 .31 $ 156.83 $ 162.57 $ 155.00 1$ 162.00 $ 7.00 5% $ 62,208.00
10 $ 102.11 $ 105.83 $ 109.70 $ 105.00 1$ 109.00 $ 4.00 4% $ 71,762.33
11 $ 103.32 $ 107.09 $ 111.01 $ 75.00 $ 69.00 $ (6.00) -8% $ 91,151.76
14 $ 332.14 $ 344.26 $ 356.86 $ 343.00 $ 356.00 $ 13.00 4% $ 310,916.16
15 $ 318.661$ 330.291 $ 342.38 $ 262.00 1$ 240.00 1 $ (22.00) 1 -8% $ 13,680.00
17 $ 152.53 [ $ 158.10 I $ 163.88 $ 102.00 1$ 82.00 l $ (20.00) I -20% $ 3,772.00
18 $ 360.45 $ 373.61 $ 387.28 $ 253.00 $ 193.00 $ (60.00) -24% $ 83,955.00
20
Zone 1 - Desilting Basin $ 55.71 $ 57.74 $ 59.85 $ 34.00 $ 14.00 $ (20.00) -59% $ 12,349.12
Zone 2 - Rice Canyon $ 4.23 $ 4.38 $ 4.54 $ 4.38 $ 4.54 $ 0.16 4% $ 17,975.59
Zone 3 - H Street $ 6.03 $ 6.25 $ 6.48 $ 6.00 $ 5.00 $ (1.00) -17% $ 30,712.51
Zone 4 - Business Center $ 22.43 $ 23.25 $ 24.10 $ 23.20 $ 24.00 $ 0.80 3% $ 62,460.00
Zone 5 - SPA I $ 338.47 $ 350.82 $ 363.66 $ 342.00 $ 247.00 $ (95.00) -28% $ 443,365.00
Zone 6 - SPA II $ 260.07 $ 269.56 $ 279.43 $ 180.00 $ 143.00 $ (37.00) -21% $ 81,254.03
Zone 7 - SPA III $ 160.54 $ 166.40 $ 172.49 $ 166.00 $ 172.00 $ 6.00 4% $ 202,407.88
Zone 8 - N Desilting Basin $ 37.01 $ 38.36 $ 39.76 $ 37.50 $ 11.00 $ (26.50) -71% $ 1 ,307.02
Zone 9 - Tel Cyn Channel $ 29.38 $ 30.45 $ 31.56 $ 30.00 $ 31.00 $ 1.00 3% $ 1,626.26
23 $ 496.71 $ 514.84 $ 533.68 $ 494.00 $ 533.00 $ 39.00 8% $ 48,001.98
24 $ 617.55 $ 640.09 $ 663.52 $ 564.00 $ 483.00 $ (81.00) -14% $ 19,320.00
26 $ 484.68 $ 502.37 $ 520.76 $ 283.00 $ 422.00 $ 139.00 49% $ 8,018.00
31 $ 500.68 $ 518.95 $ 537.95 $ 270.00 $ 215.00 $ (55.00) -20% $ 73,960.00
33 $ 1,237.36 $ 1,282.52 $ 1,329.46 $ $ - $ 0% $
ELMO NO.1
Otay lakes Rd (2) n/a n/a n/a $ 2.00 $ 2.50 $ 0.50 25% $ 31,716.75
Zone A - Eastlake I $ 11.47 $ 11.89 $ 12.32 $ 11.80 $ 12.30 $ 0.50 4% $ 108,354.39
Zone B - Eastlake Greens $ 18.74 $ 19.42 $ 20.13 $ 14.60 $ 11.00 $ (3.60) -25% $ 37,151.18
Zone C - Oly Training Ctr $ 155.23 $ 160.90 $ 166.79 $ 2.00 $ 11.00 $ 9.00 450% $ 5,500.00
Zone 0 - Salt Creek I $ 207.04 $ 214.60 $ 222.45 $ 214.00 $ 222.00 $ 8.00 4% $ 93,994.80
Zone E - Tel Cyn Chnl (3) $ 29.52 $ 30.60 $ 31.72 $ 19.00 $ 26.00 $ 7.00 37% $ 9,802.26
Bay Boulevard (4) $ 2,867.30 $ 2,971.96 $ 3,080.73 $ 2,424.00 $ 3,061.00 $ 637.00 26% $ 19,559.79
Town Centre (5) $ 0.10 $ 0.11 $ 0.11 $ $ - $ 0% $
Total $2,258,166.7
(1) Assessment may be set at or below this amount without being subject to a vote and majority protest.
(2) Zones A - 0 share in the cost of Otay lakes Road medians and off-site parkways. Collectible and projected revenue for Otay lakes Road are reflected in
collectible and projected revenue for Zones A-D.
(3) Portions of Eastlake I and Eastlake Greens are in this benefit area.
(4) Bay Boulevard rates are based on acres.
(5) Town Centre rates based on parcel square footage since FY 2001/2002.
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Meeting Date 07/18/2006
Reserves
While staff recommends using savings from prior years when necessary to supplement collections, it is
important to note that staff also strives to maintain at least a 50% reserve. The Municipal Code allows
reserves between 50%-100%. A minimum of 50% reserve is needed to provide the funds to pay for costs
during the first six months ofthe fiscal year before the collectibles have been paid via the first installment of
the tax bill. Reserves in excess of 50% are used, in part, to maintain as stable a collectible as practicable
while retaining sufficient funds to offset future anticipated increases. Reserves also allow the City to return
excess funds to property owners in the form of a lower collectible.
Budgets
In general, most expenditure budgets have increased due to projected waterrate increases and adjustments to
City staff service costs as a result of cost of living increases.
For several districts (OSDs 2, 3, 7, 9, 10, 14,20,23, and Eastlake Maintenance District No.1) costs for
service requirements will exceed the amount of revenue that can be generated by the proposed assessment.
For all but one of the 12 districts/zones, the availability of sufficient reserves for these districts will ensure
that the City will provide the required maintenance during FY 2006/07. One district/zone that does not have
sufficient reserves remaining to fund the difference is OSD 20, Zone 2.
Since the adoption of Proposition 218, the maximum assessment amount has been limited to the lesser of
two approved indexes. Over the last several years, this limitation has resulted in maximum assessment
revenues that fail to meet the approved and necessary expenditure budgets in several districts. As a result,
the fund reserves have slowly eroded below preferred levels ranging from 50% to 100% as discussed in the
"Reserves" section above. In some instances, sufficient one-time savings have been realized to slow this
trend. Unfortunately, the underlying trend remains and corrective action is required. Budgeted expenditures
for maintenance of these districts will need to be reduced or the property owners will have to approve, by
ballot, an increase in their assessments to cover expenditures. Table 3 outlines the recommended reserve
amount for each district, and compares the district's expenditure budget with the maximum assessment for
the district.
Table 3. Historical and Proposed FY 2006/07 Expenditure Budget/Reserve Budget
Open Space District
orZone
1 $ 73,084.64 $ 63,177.00 $ 9,907.64 85% 100% 15%
2 $ 12,835.95 $ 14,250.00 $ (1,414.05) 57% 75% 18%
3 $ 44,818.30 $ 52,760.00 $ (7,941.70) 22% 30% 8%
4 $ 78,277.50 $ 73,860.00 $ 4,417.50 77% 100% 23%
5 $ 44,344.56 $ 36,817.00 $ 7,527.56 96% 100% 4%
6 $ 29,117.88 $ 19,382.00 $ 9,735.88 85% 100% 15%
7 $ 13,059.28 $ 14,166.00 $ (1,106.72) 62% 71% 9%
8 $ 63,098.20 $ 55,851.00 $ 7,247.20 69% 92% 23%
9 $ 62,426.88 $ 74,015.00 $ (11,588.12) 44% 57% 13%
10 $ 71,936.87 $ 74,020.00 $ (2,083.13) 68% 83% 15%
11 $ 146,648.65 $ 140,678.00 $ 5,970.65 100% 100% 0%
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Page 7, Item ~
Meeting Date 07/18/2006
~ ! ~ 11
Ex enditureBu et j Reserve Budi % ' ':
Open Space District Max Assess District Surplus / Proposed Increase I
or Zone Revenue Budget Shortfall FY 05106 FY 06/07 Decrease
14 $ 308,291.35 $ 308,259.00 $ (32.35) 68% 88.5% 21.5%
15 $ 19,515.66 $ 18,415.00 $ 1,100.66 100% 100% 0%
17 $ 7,538.48 $ 4,379.00 $ 3,159.48 80% 100% 20%
18 $ 168,466.80 $ 115,510.00 $ 52,956.80 100% 100% 0%
20
Zone 1 - Desilting Basin $ 52,792.49 $ 49,600.00 $ 3,192.49 50% 100% 50%
Zone 2 - Rice Canyon $ 17,975.59 $ 35,413.00 $ (17,437.41) 0% 0% 0%
Zone 3 - H Street $ 39,803.41 $ 36,586.00 $ 3,217.41 80% 100% 20%
Zone 4 - Business Center $ 62,720.25 $ 74,987.00 $ (12,266.75) 52% 58% 6%
Zone 5 - SPA I $ 652,769.70 $ 595,145.00 $ 57,624.70 92% 100% 8%
Zone 6 - SPA II $ 158,774.92 $ 115,818.00 $ 42,956.92 100% 100% 0%
Zone 7 - SPA III $ 202,984.51 $ 268,461.00 $ (65,476.49) 36% 40% 4%
Zone 8 - N Desilting Basin $ 4,724.28 $ 0.00 $ 4,724.28 75% 75% 0%
Zone 9 - Tel Cyn Channel $ 1,655.64 $ 5,031.00 $ (3,375.36) 82% 69% -13%
23 $ 48,063.22 $ 60,901.00 $ (12,837.78) 80% 44.5% -35.5%
24 $ 26,540.80 $ 24,113.00 $ 2,427.80 100% 100% 0%
26 $ 9,894.44 $ 8,345.00 $ 1,549.44 100% 100% 0%
31 $ 185,054.80 $ 113,636.00 $ 71,481.80 100% 100% 0%
33 $ 47,860.56 $ $ 47,860.56 0% 0% 0%
ELMO NO.1
Otay Lakes Rd (1) n/a $ 28,667.71 n/a 80% 80% 0%
Zone A - Eastlake I $ 108,530.58 $ 118,399.00 $ (9,868.42) 85% 46% -39%
Zone B - Eastlake Greens $ 67,986.66 $ 46,365.00 $ 21,621.66 100% 100% 0%
Zone C - Oly Training Ctr $ 83,395.00 $ 1,593.00 $ 81,802.00 70% 100% 30%
Zone 0 - Salt Creek I $ 94,185.33 $ 98,120.00 $ (3,934.67) 32.5% 56.5% 24%
Zone E - Tel Cyn Chnl (2) $ 11,958.76 $ 8,420.00 $ 3,538.76 72% 100% 28%
Bay Boulevard $ 19,685.86 $ 13,687.00 $ 5,998.86 50% 100% 50%
Town Centre $ 56,387.32 $ $ 56,387.32 0% 0% 0%
Total $ 3,097,205.12 $ 2,768,826.71 $ 357,044.42
A vera e $ 86,033.48 $ 79,109.33 $ 9,917.90 68.91% 77.45% 8.54%
(1) Zones A _ 0 share in the cost of Otay Lakes Road medians and off-site parkways. Collectible and projected revenue for Otay Lakes Road
are reflected in collectible and projected revenue for Zones A - D.
(2) Portions of Eastlake I and Eastlake Greens are in this benefit area.
Other District Issues
F our other districts of special note - Open Space District 20, Open Space District 33, Eastlake Maintenance
District No.1, and Town Centre - are discussed below.
OSD 20: Established in 1989, Rancho del Rey is a phased development ofthree Sectional Planning
Areas (SPAs). The district was created to encompass all three areas with the understanding that the open
space improvements would be constructed in phases. Because this is a large district and not all ofthe items
to be maintained have a benefit to the entire district, the district is made up of nine (9) zones as indicated in
Table 1, below. Every property within the district lies in more than one zone. The table below shows the
typical combined assessment for the 2006/07 Fiscal Year.
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Page 8, Item ~
Meeting Date 07/18/2006
OSD 20 Typical Combined Assessment (FY2006/07)
SPA I (Zones lor 8, 2, 3, & 5) $271
SPA II (Zones 1 or 8,2,3, & 6) $167
SPA III (Zones 1 or 9,3, & 7) $208
Business Centre (Zones 1,2,3, & 4) $48
*lndustrial (per acre) $1,186
In the instance of OSD 20, Zone 2, the reserve budget was already at 0% as of the FY 04/05 assessment
budgets, so no reduction was possible. As noted above, this zone has no reserve budget, and a projected
budget shortfall in the current fiscal year in excess of $17,000. Recommended next steps to remedy this
situation are discussed at the conclusion of this report.
OSD 33: Open Space District 33, Broadway Business Homes, was formed several years ago in
anticipation of development of the parcel. The project has not progressed and consequently there is no
maintenance required. Each year staff recommends adjusting the assessment by the inflation factor and not
collecting money against that assessment. Should the project develop in the future, staff would recommend
collecting money for maintenance.
Eastlake Maintenance District No.1: Eastlake Maintenance District No.1 is a large open space
district consisting of Eastlake Hills, Shores and Business Center I, Eastlake Greens, the Olympic Training
Center, Salt Creek 1, and Telegraph Canyon Channel, which was originally part of Eastlake's projects (see
Attachment 1). Because this is a large district of various developments and not all of the items to be
maintained have a benefit to the entire district, the district is made up of five (5) zones. Note that most open
space within Eastlake I and Eastlake Greens is privately maintained by homeowners' associations, On the
other hand, all of the open space in Salt Creek I is maintained by the Open Space District.
Town Center LMD: A Downtown Property and Business Improvement District (PBID) replaced
Town Centre Landscape Maintenance District (LMD) in 2001. At that time, it was anticipated that the Town
Centre LMD would be dissolved. However, the City determined that there was some potential long-term
exposure for the City based on the remote possibility that the current PBID might not receive sufficient
support for re-approval in 2006 for its next five-year period. A public hearing is scheduled for July 18,
2006, to determine if there are enough returned ballots to support the official renewal ofthe PBID. Should
the PBID not be re-approved, and if the Town Centre LMD is dissolved, there would no longer be a funding
mechanism for downtown landscape maintenance
Based on this possibility, the Town Centre LMD is kept open as a "ghost" district. This means that the City
will set the maximum assessment amount for the District on an annual basis, even though property owners
will not be billed any sum on the tax roll. Should the PBID not be re-approved, the Town CentreLMD will
be in place and provide the necessary funding mechanism for downtown landscape maintenance. The
assessment amount FY 2006/07 is $0.109991 per square foot (based on the last approved assessment of
$0.106108 per square foot of parcel area plus an inflation factor of 3.66%).
Standard Notice Process for Annual Levy
The public hearing will be noticed pursuant to Government Code 6061, which requires that notice be
published in a newspaper of general circulation at least 10 days before the public hearing. Plans,
specifications, and assessment rolls are on file in the City Clerk's office.
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Page 9, Item,(j
Meeting Date 07/18/2006
Standard Resolution Process for Annual Levy
The City Engineer has prepared and filed reports on assessments for all existing Open Space Districts. The
above resolution approves the reports and sets the date and time for a public hearing to consider the levy of
assessments and the collection of funds.
Districts in Deficit and Potential Expanded Brush Mana2:ement Pro2:ram
As noted above, one district/zone (OSD 20, Zone 2) is anticipated to be operating at a deficit level until
corrective action can be taken.
As previously discussed, Proposition 218 severely limited the ability oflocal agencies to increase revenue
for these sorts of open space assessments. Specifically, Proposition 218 prohibits any assessment increase
without property owner approval. The only exception is an annual inflationary increase approved by
property owners during the formation of the district, such as is found in Chula Vista's districts. In order for
a public agency to increase assessments beyond the annual inflationary amount, a Proposition 218 balloting
is necessary. Such a balloting consists of the following steps:
1. Preparation of an Engineer's Report, including definition of any annual inflationary indexes the
district will be subj ect to)
2. Distribution of notice and ballot to property owners
3. Public Hearing & ballot tabulation
Expanded Brush Management Program
In response to the devastating wildfires of October 2003, several departments within the City ofChula Vista
have formed a team to conduct a comprehensive review of our existing regulations. The team consists of
representatives from Planning and Building, Fire, Public Works, Recreation, GIS and Engineering. The
group's charge is to determine what changes need to be incorporated into our local codes and policies in
order to reduce the potential impacts of future wildfires on Chula Vista. The team has retained the services
of an outside consultant to provide technical expertise in creating hazard maps for the City and to provide
recommendations for both building code modifications and policies and procedures for balancing the brush
management components of the program with the need to preserve the critical habitat contained in the City's
various open space areas. The consultant has been tasked with providing cost estimates for implementing
the various brush management strategies recommended in the plan.
Next Steps
Staffs goal is to marry the efforts of the Brush Management Team with the steps required to address the
budget concerns so that impacted property owners will have to experience only one voting process.
Based on the experiences of other cities, the success ofthese balloting procedures is dependent on the ability
of the public agency to effectively communicate with property owners. Property owners tend to be less
receptive when the first communication received is in the form of a ballot.
Also based upon other cities' experiences and that of consultants specializing in this area, it is recommended
that an initial polling of property owners be undertaken in order to determine receptiveness to any potential
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Page 10, Item ,'}
Meeting Date 07/1812006
increases to maintain levels of service, as well as potential program expansions to support brush
management efforts.
The data collected through this effort would provide the basis of a report to Council early in calendar year
2007 in order to determine whether proceeding with a formal ballot procedure is recommended, to outline
the budget for an expanded outreach and ballot process, to present annual increase per dwelling unit
information and to further detail next steps. Should the preliminary survey indicate an unwillingness to
support an increase to maintain existing levels of service, the only other option available is the controlled
reduction of services within affected districts. This option would also be discussed further in the next report
to Council.
CONFLICT OF INTEREST:
There is a conflict of interest for Council member John McCann because he has property interests within
500 feet of Open Space District 1 and Eastlake Maintenance District No.1 (ELMD #1).
There is a conflict of interest for Council member Steve Castaneda because he has a property interest within
500 feet of Open Space District 18.
There is a conflict of interest for Council member Patricia Chavez because she has a property interest within
500 feet of Open Space District 20.
FISCAL IMPACT:
The full cost of providing maintenance services in these districts totals $2,768,826.71. This entire amount
is recovered through the OSD collectible and reserves, as detailed on the District Cost Summary worksheets
(Attachment 2).
OSD 20, Zone 2 is operating in deficit this year and may require subsidy from the General Fund totaling
approximately $17,000. Should the City proceed with a ballot process, however, these funds could be
recouped, along with outreach and balloting costs.
Attachments:
1. District Maps
2. Cost Summaries
3-10
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A rrAC~ MENT 2
CITY OF CHULA VISTA
OSD 1 (EI Rancho del Rey Units 1-4)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 71600 716.00 716.00
Trash Collection & Disposal Fees 1,400.00 1,400.00 1,400.00
Water Charges 23,591.00 23,591.00 23,591.00
Services to maintain structures, grounds 770.00 770.00 770.00
City Staff Services 11,217.00 10,891.00 10,323.00
Contract Services 19,426.00 18,652.27 17,390.00
Landscape Supplies 980.00 980.00 980.00
Materials to maintain structures, grounds 1,040.00 1,040.00 1,040.00
Backflow Certification 0.00 0.00 0.00
Professional Services 1,900.00 1,600.00 1,600.00
Su pplementals 1,610.00 1,610.00 360.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 527.00 531.00 580.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $63,177.00 $61,781.27 $58,750.00
Reserve Requirement (1) $63,177.00 $52,514.08 $49,937.50
Reserve Percent 100% 85% 85%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 69,564.00 48,501.82 60,923.00
Net Assessment (3) $56,790.00 $65,793.53 $47,764.50
Equivalent Dwelling Units (EDU's) 661.79 657.65 661.79
Collectible/EDU $85.81 $100.04 $72.17
Percent change from prior year -14% 39% -26%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-35
CITY OF CHULA VISTA
OSD 2 (Lark Haven)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 228.00 228.00 228.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 2,874.00 2,874.00 2,874.00
Services to maintain structures, grounds 1,110.00 1,110.00 1,110.00
City Staff Services 3,219.00 3,125.00 2,962.00
Contract Services 4,789.00 4,599.84 4,632.00
Landscape Supplies 337.00 337.00 337.00
Materials to maintain structures, grounds 380.00 380.00 380.00
Backflow Certification 0.00 0.00 0.00
Professional Services 400.00 400.00 400.00
Supplementals 790.00 790.00 40.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 123.00 119.00 122.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $14,250.00 $13,962.84 $13,085.00
Reserve Requirement (1) $10,687.50 $7,958.82 $10,468.00
Reserve Percent 75% 57% 80%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 12.236.00 9,724.87 11 ,844.00
Net Assessment (3) $12,701.50 $12,196.79 $11,709.00
Equivalent Dwelling Units (EDU's) 249.00 249.00 249.00
Collectible/EDU $51.01 $48.98 $47.02
Percent change from prior year 4% 4% 5%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-36
CITY OF CHULA VISTA
OSD 3 (Rancho Robinhood Units 1 & 2)
2006/07 Fiscal Year District Cost Summary
II' l.
Personnel Services $0.00 $0.00 $0.00
Utility Charges 835.00 83500 835.00
Trash Collection & Disposal Fees 1,400.00 1,400.00 1,400.00
Water Charges 16,080.00 16,080.00 16,080.00
Services to maintain structures, grounds 490.00 490.00 490.00
City Staff Services 9,340.00 9,068.00 8,595.00
Contract Services 19,426.00 18,380.10 16,265.00
Landscape Supplies 207.00 207.00 207.00
Materials to maintain structures, grounds 800.00 800.00 800.00
Backflow Certification 0.00 0.00 0.00
Professional Services 2,600.00 2,400.00 2,400.00
Supplementals 1,150.00 1,150.00 400.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 432.00 437.00 472.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $52,760.00 $51,247.10 $47,944.00
Reserve Requirement (1) $15,828.00 $11,274.36 $16,300.96
Reserve Percent 30% 22% 34%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 23.870.00 19.193.11 22.496.00
Net Assessment (3) $44,718.00 $43,328.35 $41,748.96
Equivalent Dwelling Units (EDU's) 127.00 127.00 127.00
Collectible/EDU $352.11 $341 .17 $328.73
Percent change from prior year 3% 4% 10%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPt Change for FY 2006/2007 = 3.66%
3-37
CITY OF CHULA VISTA
OSD 4 (Bonita Ridge)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 1,621.00 1,621.00 1,621.00
Trash Collection & Disposal Fees 1,400.00 1,400.00 1,400.00
Water Charges 16,357.00 16,357.00 16,357.00
Services to maintain structures, grounds 210.00 210.00 210.00
City Staff Services 13,142.00 12,759.00 12,094.00
Contract Services 34,641.00 33,275.96 32,060.00
Landscape Supplies 1,103.00 1,103.00 1,103.00
Materials to maintain structures, grounds 800.00 800.00 800.00
Backflow Certification 0.00 0.00 0.00
Professional Services 2,600.00 2,400.00 2,400.00
Supplementals 1,350.00 1,350.00 600.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 636.00 629.00 690.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $73,860.00 $71,904.96 $69,335.00
Reserve Requirement (1) $73,860.00 $55,366.82 $48,534.50
Reserve Percent 100% 77% 70%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 71.994.00 52.386.50 48.922.00
Net Assessment (3) $75,726.00 $74,885.28 $68,947.50
Equivalent Dwelling Units (EDU's) 210.00 210.00 210.00
Collectible/EDU $360.60 $356.60 $328.32
Percent change from prior year 1% 9% -3%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve _ Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-38
CITY OF CHULA VISTA
OSD 5 (Southbay Villas)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 245.00 245.00 245.00
Trash Collection & Disposal Fees 280.00 280.00 280.00
Water Charges 11,817.00 11,817.00 11,817.00
Services to maintain structures, grounds 860.00 860.00 860.00
City Staff Services 7,448.00 7,231.00 6,854.00
Contract Services 12,012.00 11,537.64 13,673.00
Landscape Supplies 947.00 947.00 947.00
Materials to maintain structures, grounds 800.00 800.00 800.00
Backflow Certification 0.00 0.00 0.00
Professional Services 1,200.00 1,200.00 1,200.00
Supplementals 870.00 870.00 120.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 338.00 336.00 364.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $36,817.00 $36,123.64 $37,160.00
Reserve Requirement (1) $36,817.00 $34,678.69 $27,498.40
Reserve Percent 100% 96% 74%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 45.916.00 35.335.29 29.395.00
Net Assessment (3) $27,718.00 $35,467.04 $35,263.40
Equivalent Dwelling Units (EDU's) 122.00 122.00 122.00
Collectible/EDU $227.20 $290.71 $289.04
Percent change from prior year -22% 1% 1%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-39
CITY OF CHULA VISTA
OSD 6 (Hilltop Vista)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 313.00 313.00 313.00
Trash Collection & Disposal Fees 280.00 280.00 280.00
Water Charges 6,246.00 6,24600 6,246.00
Services to maintain structures, grounds 240.00 240.00 240.00
City Staff Services 4,190.00 4,068.00 3,856.00
Contract Services 5,506.00 5,288.04 5,938.00
Landscape Supplies 311.00 311.00 311.00
Materials to maintain structures, grounds 780.00 780.00 780.00
Backflow Certification 0.00 0.00 0.00
Professional Services 475.00 400.00 400.00
Supplementals 870.00 870.00 120.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 171.00 175.00 178.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $19,382.00 $18,971.04 $18,662.00
Reserve Requirement (1) $19,382.00 $16,125.38 $14,369.74
Reserve Percent 100% 85% 77%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 20.623.00 16.727.57 17,541.00
Net Assessment (3) $18,141.00 $18,368.85 $15,490.74
Equivalent Dwelling Units (EDU's) 162.00 162.00 162.00
Collectible/EDU $111.98 $113.39 $95.62
Percent change from prior year -1% 19% -13%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve _ Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-40
CITY OF CHULA VISTA
OSD 7 (Zenith Units 2, 3 & 4)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 211.00 211.00 211.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 4,394.00 4,394.00 4,394.00
Services to maintain structures, grounds 290.00 290.00 290.00
City Staff Services 3,096.00 3,006.00 2,849.00
Contract Services 4,115.00 3,810.00 3,390.00
Landscape Supplies 234.00 234.00 234.00
Materials to maintain structures, grounds 360.00 360.00 360.00
Backflow Certification 0.00 0.00 0.00
Professional Services 400.00 400.00 400.00
Supplementals 950.00 950.00 200.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 116.00 115.00 115.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00' 0.00 0.00
Estimated Maintenance Cost $14,166.00 $13,770.00 $12,443.00
Reserve Requirement (1) $10,057.86 $8,537.40 $9,332.25
Reserve Percent 71% 62% 75%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 11 , 155.00 9,849.20 9,738.00
Net Assessment (3) $13,068.86 $12,458.20 $12,037.25
Equivalent Dwelling Units (EDU's) 104.00 104.00 104.00
Col/ectible/EDU $125.66 $119.79 $115.74
Percent change from prior year 5% 3% 19%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-41
CITY OF CHULA VISTA
OSD 8 (Rancho Robinhood Unit 3)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 404.00 404.00 404.00
Trash Collection & Disposal Fees 280.00 280.00 280.00
Water Charges 15,52000 15,520.00 15,520.00
Services to maintain structures, grounds 630.00 630.00 630.00
City Staff Services 10,120.00 9,825.00 9,313.00
Contract Services 25,655.00 24,644.00 23,747.00
Landscape Supplies 422.00 422.00 422.00
Materials to maintain structures, grounds 350.00 350.00 350.00
Backflow Certification 0.00 0.00 0.00
Professional Services 920.00 800.00 800.00
Supplementals 1,070.00 1,070.00 320.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 480.00 473.00 517.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $55,851.00 $54,418.00 $52,303.00
Reserve Requirement (1) $51,382.92 $37,548.42 $35,566.04
Reserve Percent 92% 69% 68%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 44.410.00 35,963.60 37,838.00
Net Assessment (3) $62,823.92 $56,002.82 $50,031.04
Equivalent Dwelling Units (EDU's) 110.00 110.00 110.00
Collectible/EDU $571.13 $509.12 $454.83
Percent change from prior year 12% 12% 1%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-42
CITY OF CHULA VISTA
OSD 9 (EI Rancho del Rey)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $000
Utility Charges 442 00 442.00 442.00
Trash Collection & Disposal Fees 2,52000 2,520.00 2,520.00
Water Charges 24,095.00 24,095.00 24,095.00
Services to maintain structures, grounds 580.00 580.00 580.00
City Staff Services 13,027.00 12,647.00 11,988.00
Contract Services 26,658.00 25,350.93 23,392.00
Landscape Supplies 1,005.00 1,005.00 1,005.00
Materials to maintain structures, grounds 1,500.00 1,500.00 1,500.00
Backflow Certification 0.00 0.00 0.00
Professional Services 2,500.00 2,400.00 2,400.00
Supplementals 1,070.00 1,070.00 320.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 618.00 640.00 683.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $74,015.00 $72,249.93 $68,925.00
Reserve Requirement (1) $42,188.55 $31,789.97 $35,151.75
Reserve Percent 57% 44% 51%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 53,850.00 44,503.28 45,763.00
Net Assessment (3) $62,353.55 $59,536.62 $58,313.75
Equivalent Dwelling Units (EDU's) 384.00 384.00 384.00
Collectible/EDU $162.38 $155.04 $151.86
Percent change from prior year 5% 2% 4%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-43
CITY OF CHULA VISTA
OSD 10 (EI Rancho del Rey 6 & Cassa del Rey)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 383.00 383.00 383.00
Trash Collection & Disposal Fees 840.00 840.00 840.00
Water Charges 18,295.00 18,295.00 18,295.00
Services to maintain structures, grounds 550.00 550.00 550.00
City Staff Services 13,261.00 12,875.00 12,204.00
Contract Services 34,575.00 33,212.64 32,961.00
Landscape Supplies 739.00 739.00 739.00
Materials to maintain structures, grounds 380.00 380.00 380.00
Backflow Certification 0.00 0.00 0.00
Professional Services 2,900.00 2,800.00 2,800.00
Supplementals 1,450.00 1,450.00 200.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 647.00 633.00 696.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $74,020.00 $72,157.64 $70,048.00
Reserve Requirement (1) $61,436.60 $49,067.20 $49,033.60
Reserve Percent 83% 68% 70%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 63.560.00 52.237.20 52.232.00
Net Assessment (3) $71,896.60 $68,987.64 $66,849.60
Equivalent Dwelling Units (EDU's) 658.37 655.76 658.37
Collectible/EDU $109.20 $105.20 $101.54
Percent change from prior year 4% 4% 8%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve _ Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-44
CITY OF CHULA VISTA
OSD 11 (Hidden Vista Village)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 687.00 687.00 687.00
Trash Collection & Disposal Fees 4,480.00 4,480.00 4,480.00
Water Charges 37,216.00 37,216.00 37,216.00
Services to maintain structures, grounds 9,400.00 9,400.00 9,400.00
City Staff Services 24,599.00 23,882.00 22,637.00
Contract Services 50,250.00 48,149.33 47,257.00
Landscape Supplies 711.00 711.00 711.00
Materials to maintain structures, grounds 3,440.00 3,440.00 3,440.00
Backflow Certification 0.00 0.00 0.00
Professional Services 7,000.00 6,800.00 6,800.00
Supplementals 1,690.00 1,690.00 440.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 1,205.00 1,230.00 1,345.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $140,678.00 $137,685.33 $134,413.00
Reserve Requirement (1) $140,678.00 $137,685.33 $127,692.35
Reserve Percent 100% 100% 95%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 189.936.00 175.386.83 135.560.00
Net Assessment (3) $91,420.00 $99,983.83 $126,545.35
Equivalent Dwelling Units (EDU's) 1,321.04 1,321.04 1,321.03
Collectible/EDU $69.20 $75.69 $95.79
Percent change from prior year -9% -21% -5%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-45
CITY OF CHULA VISTA
OSD 14 (Bonita Long Canyon)
2006/07 Fiscal Year District Cost Summary
. Personnel Services $0.00 $0.00 $0.00
Utility Charges 2,04500 2,045.00 2,045.00
Trash Collection & Disposal Fees 5,600.00 5,600.00 5,600.00
Water Charges 100,205.00 100,205.00 100,205.00
Services to maintain structures, grounds 1,400.00 1,400.00 1,400.00
City Staff Services 54,281.00 52,700.00 49,953.00
Contract Services 121,330.00 116,550.96 122,729.00
Landscape Supplies 3,176.00 3,176.00 3,176.00
Materials to maintain structures, grounds 4,000.00 4,000.00 4,000.00
Backflow Certification 0.00 0.00 0.00
Professional Services 11,000.00 10,000.00 10,000.00
Supplementals 2,490.00 2,490.00 1,240.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 2,732.00 2,744.00 3,043.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $308,259.00 $300,910.96 $303,391.00
Reserve Requirement (1) $272,809.22 $204,619.45 $201,755.02
Reserve Percent 88.5% 68% 67%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 270.289.00 205.674.60 215.195.00
Net Assessment (3) $310,779.22 $299,855.81 $289,951.02
Equivalent Dwelling Units (EDU's) 873.36 863.90 873.36
Collectible/EDU $355.84 $347.10 $331.99
Percent change from prior year 3% 5% 18%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-46
CITY OF CHULA VISTA
OSD 15 (Bonita Haciendas)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 179.00 179.00 179.00
Trash Collection & Disposal Fees 280.00 280.00 280.00
Water Charges 6,745.00 6,745.00 6,745.00
Services to maintain structures, grounds 600.00 600.00 600.00
City Staff Services 4,223.00 4,100.00 3,886.00
Contract Services 3,892.00 3,737.52 5,483.00
Landscape Supplies 204.00 204.00 204.00
Materials to maintain structures, grounds 375.00 340.00 340.00
Backflow Certification 0.00 0.00 0.00
Professional Services 875.00 800.00 800.00
Supplementals 870.00 870.00 120.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 172.00 172.00 179.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $18,415.00 $18,027.52 $18,816.00
Reserve Requirement (1) $18,415.00 $18,027.52 $17,687.04
Reserve Percent 100% 100% 94%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 23.147.00 21 ,099.27 18.278.00
Net Assessment (3) $13,683.00 $14,955.77 $18,225.04
Equivalent Dwelling Units (EDU's) 57.00 57.00 57.00
Collectible/EDU $240.05 $262.38 $319.74
Percent change from prior year -9% -18% 16%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-47
CITY OF CHULA VISTA
OSD 17 (Bel Air Ridge)
2006/07 Fiscal Year District Cost Summary
H ,I,..,"
Personnel Services $0.00 $0,00 $0.00
Utility Charges 0.00 0.00 0.00
Trash Collection & Disposal Fees 560.00 560,00 560.00
Water Charges 0.00 0.00 0.00
Services to maintain structures, grounds 0.00 0.00 0.00
City Staff Services 1 ,240.00 1 ,204.00 1,141,00
Contract Services 1,133.00 1,087.92 2,020.00
Landscape Supplies 550.00 550,00 550.00
Materials to maintain structures, grounds 1 00.00 100.00 100.00
Backflow Certification 0.00 0,00 0.00
Professional Services 0.00 750.00 0.00
Supplementals 750.00 0.00 0.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 46.00 40.00 40,00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0,00 0,00
Estimated Maintenance Cost $4,379.00 $4,291.92 $4,411.00
Reserve Requirement (1) $4,379.00 $3,433.54 $2,558.38
Reserve Percent 100% 80% 58%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 5,012.24 3,021.60 2,557.00
Net Assessment (3) $3,745.76 $4,703.86 $4,412.38
Equivalent Dwelling Units (EDU's) 46.00 46.00 46.00
Collectible/EDU $81 .43 $102.26 $95.92
Percent change from prior year -20% 7% 116%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-48
CITY OF CHULA VISTA
OSD 18 (Rancho del Sur)
2006/07 Fiscal Year District Cost Summary
Personnel Services $000 $0.00 $0.00
Utility Charges 996.00 996.00 996.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 40,359.00 40,359.00 40,359.00
Services to maintain structures, grounds 5,170.00 5,170.00 5,170.00
City Staff Services 24,303.00 23,595.00 22,365.00
Contract Services 38,734.00 37,207.92 58,775.00
Landscape Supplies 986.00 986.00 986.00
Materials to maintain structures, grounds 1,200.00 1,200.00 1,200.00
Backflow Certification 0.00 0.00 0.00
Professional Services 1,325.00 1,200.00 1,200.00
Supplementals 1,230.00 1,230.00 480.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 1,207.00 1,209.00 1,328.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $115,510.00 $113,152.92 $132,859.00
Reserve Requirement (1) $115,510.00 $113,152.92 $93,001.30
Reserve Percent 100% 100% 70%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 147.148.00 116,256.72 93.315.00
Net Assessment (3) $83,872.00 $110,049.12 $132,545.30
Equivalent Dwelling Units (EDU's) 435.00 435.00 435.00
Collectible/EDU $192.81 $252.99 $304.70
Percent change from prior year -24% -17% 14%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPt Change for FY 2006/2007 = 3.66%
3-49
CITY OF CHULA VISTA
OSD 23 (Otay Rio Business Park)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 93600 936.00 936.00
Trash Collection & Disposal Fees 560.00 560.00 560.00
Water Charges 9,66900 9,669.00 9,669.00
Services to maintain structures, grounds 440.00 440.00 440.00
City Staff Services 9,467.00 9,191.00 8,712.00
Contract Services 29,459.00 9,829.96 19,036.00
Landscape Supplies 660.00 660.00 660.00
Materials to maintain structures, grounds 900.00 900.00 900.00
Backflow Certification 0.00 0.00 0.00
Professional Services 7,500.00 6,930.00 6,930.00
Su pplementals 870.00 870.00 120.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 440.00 433.00 479.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $60,901.00 $40,418.96 $48,442.00
Reserve Requirement (1) $27,100.95 $32,335.17 $18,892.38
Reserve Percent 44.5% 80% 39%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 40.080.86 28,253.09 22.481.00
Net Assessment (3) $47,921.09 $44,501.04 $44,853.38
Equivalent Dwelling Units (EDU's) 90.06 90.06 90.06
Collectible/EDU $532.10 $494.13 $498.04
Percent change from prior year 8% -1% 15%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve _ Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-50
CITY OF CHULA VISTA
OSD 24 (Canyon View Homes)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 136.00 136.00 136.00
Trash Collection & Disposal Fees 280.00 280.00 280.00
Water Charges 8,742.00 8,742.00 8,742.00
Services to maintain structures, grounds 610.00 610.00 610.00
City Staff Services 4,647.00 4,511.00 4,276.00
Contract Services 6,242.00 5,995.68 7,644.00
Landscape Supplies 400.00 400.00 400.00
Materials to maintain structures, grounds 1,530.00 1,530.00 1,530.00
BackfIow Certification 0.00 0.00 0.00
Professional Services 475.00 400.00 400.00
Supplementals 830.00 830.00 80.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 221.00 229.00 235.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $24,113.00 $23,663.68 $24,333.00
Reserve Requirement (1) $24,113.00 $23,663.68 $16,059.78
Reserve Percent 100% 100% 66%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 28,909.00 24.757.95 17.909.00
Net Assessment (3) $19,317.00 $22,569.41 $22,483.78
Equivalent Dwelling Units (EDU's) 40.00 40.00 40.00
Collectible/E DU $482.93 $564.24 $562.09
Percent change from prior year -14% 0% 16%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-51
CITY OF CHULA VISTA
OSD 26 (Park Bonita)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 133.00 133.00 133.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 1,826.00 1,826.00 1,826.00
Services to maintain structures, grounds 600.00 600.00 600.00
City Staff Services 1,767.00 1,715.00 1,626.00
Contract Services 2,312.00 2,220.00 2,376.00
Landscape Supplies 200.00 200.00 200.00
Materials to maintain structures, grounds 170.00 170.00 170.00
Backflow Certification 0.00 0.00 0.00
Professional Services 475.00 400.00 400.00
Supplementals 790.00 790.00 40.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 72.00 69.00 70.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $8,345.00 $8,123.00 $7,441.00
Reserve Requirement (1) $8,345.00 $8,123.00 $7,068.95
Reserve Percent 100% 100% 95%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 8.670.20 10,862.57 7,847.00
Net Assessment (3) $8,019.80 $5,383.43 $6,662.95
Equivalent Dwelling Units (EDU's) 19.00 19.00 19.00
Collectible/EDU $422.09 $283.34 $350.68
Percent change from prior year 49% -19% 2%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-52
CITY OF CHULA VISTA
OSD 31 (Telegraph Canyon Estates)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 714.00 714.00 714.00
Trash Collection & Disposal Fees 1,960.00 1,960.00 1,96000
Water Charges 38,851.00 38,851.00 38,851.00
Services to maintain structures, grounds 4,800.00 4,800.00 4,800.00
City Staff Services 22,311.00 21,661.00 20,532.00
Contract Services 29,175.00 28,024.80 40,199.00
Landscape Supplies 2,092.00 2,092.00 2,092.00
Materials to maintain structures, grounds 3,070.00 3,070.00 3,070.00
Backflow Certification 0.00 0.00 0.00
Professional Services 8,750.00 8,100.00 8,100.00
Su pplementals 830.00 830.00 80.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 1,083.00 1,107.00 1,214.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $113,636.00 $111,209.80 $121,612.00
Reserve Requirement (1) $113,636.00 $111,209.80 $99,721.84
Reserve Percent 100% 100% 82%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 153,381.00 129,377.28 100,145.00
Net Assessment (3) $73,891.00 $93,042.32 $121,188.84
Equivalent Dwelling Units (EDU's) 344.00 344.00 345.00
Collectible/EDU $214.80 $270.47 $351.27
Percent change from prior year -21% -23% -3%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-53
CITY OF CHULA VISTA
OSD 33 (Broadway Businesss Home Village)
2006/07 Fiscal Year District Cost Summary
Personnel Services
Utility Charges $ $ $
Trash Collection & Disposal Fees 000 0.00 0.00
Water Charges 000 0.00 0.00
Services to maintain structures, grounds 0.00 0.00 0.00
City Staff Services 0.00 0.00 0.00
Contract Services 0.00 0.00 0.00
Landscape Supplies 0.00 0.00 0.00
Materials to maintain structures, grounds 0.00 0.00 0.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 0.00 0.00 0.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 0.00 0.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $ $ $
Reserve Requirement (1) $ $ $
Reserve Percent
Additional Reserve 0.00 0.00 0.00
Fund Balance (2) $ $ $
Net Assessment (3) $ $ $
Equivalent Dwelling Units (EDU's) 36.00 36.00 36.00
Collectible/EDU $ $ $
Percent change from prior year
(1) ReseNe Requirement = Estimated Maintenance Costx ReseNe Percent
(2) Estimated Fund Balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + ReseNe Requirement + Additional ReseNe - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-54
CITY OF CHULA VISTA
OSD Bay Boulevard
2006/07 Fiscal Year District Cost Summary
II I'" .
Personnel Services $0.00 $0.00 $0.00
Utility Charges 1,092.00 1,09200 1,092.00
Trash Collection & Disposal Fees 475.00 475.00 475.00
Water Charges 3,221.00 3,221.00 3,221.00
Services to maintain structures, grounds 600.00 600.00 600.00
City Staff Services 6,098.00 5,921.00 5,612.00
Contract Services 0.00 0.00 0.00
Landscape Supplies 850.00 850.00 850.00
Materials to maintain structures, grounds 230.00 230.00 230.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 830.00 830.00 80.00
Other Commodities 0.00 0.00 0.00
Advertising 180.00 180.00 180.00
Transfer: Corporate Yard Debt Services 111.00 111.00 81.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $13,687.00 $13,510.00 $12,421.00
Reserve Requirement (1) $13,687.00 $6,755.00 $10,930.48
Reserve Percent 100% 50% 88%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 7.816.00 4,775.05 17.539.00
Net Assessment (3) $19,558.00 $15,489.95 $5,812.48
Equivalent Dwelling Units (EDU's) (4) 6.39 6.39 6.39
Collectible/EDU $3,060.72 $2,424.09 $909.62
Percent change from prior year 26% 166% 4%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) Equivalent Dwelling Units for the Bay Boulevard District are calculated at 1 EDU per acre
(5) CPI Change for FY 2006/2007 = 3.66%
3-55
CITY OF CHULA VISTA
OSD Town Centre
2006/07 Fiscal Year District Cost Summary
II 1_" . I
Personnel Services $0.00 $0.00 $0.00
Utility Charges 0.00 0.00 0.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 0.00 0.00 0.00
Services to maintain structures, grounds 0.00 0.00 0.00
City Staff Services 0.00 0.00 0.00
Contract Services 0.00 0.00 0.00
Landscape Supplies 0.00 0.00 0.00
Materials to maintain structures, grounds 0.00 0.00 0.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 0.00 0.00 0.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 0.00 0.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $0.00 $0.00 $0.00
Reserve Requirement (1) $0.00 $0.00 $0.00
Reserve Percent 0% 0% 0%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 0.00 0.00 0.00
Net Assessment (3) $0.00 $0.00 $0.00
Equivalent Dwelling Units (EDU's) 512,612.00 512,612.00 512,612.00
Collectible/EDU $0.00 $0.00 $0.00
Percent change from prior year 0% 0% 0%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve _ Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-56
CITY OF CHULA VISTA
OSD EastJake Maintenance District #1 (Otay Lakes Road)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 0.00 0.00 0.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 0.00 0.00 0.00
Services to maintain structures, grounds 0.00 0.00 0.00
City Staff Services 0.00 0.00 0.00
Contract Services 28,667.71 28,667.71 35,000.00
Landscape Supplies 0.00 0.00 0.00
Materials to maintain structures, grounds 0.00 0.00 0.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 0.00 0.00 0.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 0.00 0.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $28,667.71 $28,667.71 $35,000.00
Reserve Requirement (1) $22,934.17 $22,934.17 $21,700.00
Reserve Percent 80% 80% 62%
Additional Reserve 0.00 0.00 0.00
Fund Balance (2) 20,059.28 26,324.60 26,255.00
Net Assessment (3) $31,542.60 $25,277.28 $30,445.00
Equivalent Dwelling Units (EDU's) 12,686.70 12,686.70 12,686.70
Collectible/EDU $2.49 $1.99 $2.40
Percent change from prior year 25% -17% 40%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) This amount is reflected in the amounts for Zone A - Zone D.
(5) CPt Change for FY 2006/2007 = 3.66%
3-57
CITY OF CHULA VISTA
OSD Eastlake Maintenance District #1 (Zone A)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 1,63700 1,637.00 1,637.00
Trash Collection & Disposal Fees 28000 280.00 280.00
Water Charges 35,651.00 35,651.00 35,651.00
Services to maintain structures, grounds 1,450.00 1,450.00 1,450.00
City Staff Services 22,340.00 21,690.00 20,559.00
Contract Services 49,608.00 18,986.21 23,180.00
Landscape Supplies 800.00 800.00 800.00
Materials to maintain structures, grounds 1,000.00 750.00 750.00
Backflow Certification 0.00 0.00 0.00
Professionaf Services 950.00 800.00 800.00
Supplementals 3,550.00 3,550.00 360.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 1,133.00 1,137.00 1,216.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $118,399.00 $86,731.21 $86,683.00
Reserve Requirement (1) $54,463.54 $73,721.53 $66,745.91
Reserve Percent 46% 85% 77%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 86,923.38 74,381.36 68.249.00
Net Assessment (3) $85,939.16 $86,071.38 $85,179.91
Equivalent Dwelling Units (EDU's) 8,809.30 8,642.68 9,828.60
Otay Lakes Rd Collectible / EDU $2.50 $2.00 $2.40
Collectible/EDU $12.26 $11 .96 $11.07
Percent change fram prior year 2% 8% 40%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPt Change for FY 2006/2007 = 3.66%
3-58
CITY OF CHULA VISTA
OSD EastJake Maintenance District #1 (Zone B)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 1,228.00 1,22800 1,228.00
Trash Collection & Disposal Fees 0.00 000 0.00
Water Charges 16,802.00 16,80200 16,802.00
Services to maintain structures, grounds 400.00 400.00 400.00
City Staff Services 8,394.00 8,150.00 7,725.00
Contract Services 14,685.00 14,105.28 14,990.00
Landscape Supplies 240.00 240.00 240.00
Materials to maintain structures, grounds 700.00 500.00 500.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 3,511.00 3,511.00 360.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 405.00 380.00 418.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $46,365.00 $45,316.28 $42,663.00
Reserve Requirement (1) $46,365.00 $45,316.28 $30,290.73
Reserve Percent 100% 100% 71%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 64.256.70 48,256.32 33,627.00
Net Assessment (3) $28,473.30 $42,376.24 $39,326.73
Equivalent Dwelling Units (EDU's) 3,377.38 3,377.38 3,376.90
Otay Lakes Rd Collectible / EDU $2.50 $2.00 $2.40
Collectible/EDU $10.93 $14.55 $14.05
Percent change from prior year -25% 4% 24%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPt Change for FY 2006/2007 = 3.66%
3-59
CITY OF CHULA VISTA
OSD Eastlake Maintenance District #1 (Zone C)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 136.00 136.00 136.00
Trash Collection & Disposal Fees 0.00 0.00 000
Water Charges 979.00 979.00 979.00
Services to maintain structures, grounds 40.00 40.00 4000
City Staff Services 274.00 266.00 252.00
Contract Services 0.00 0.00 0.00
Landscape Supplies 50.00 50.00 50.00
Materials to maintain structures, grounds 100.00 100.00 100.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 1.00 1.00 0.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 13.00 14.00 16.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $1,593.00 $1,586.00 $1,573.00
Reserve Requirement (1) $1,593.00 $1,110.20 $990.99
Reserve Percent 100% 70% 63%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) (981.73) 3.276.33 1 ,265.99
Net Assessment (3) $4,167.73 $0.00 $1,298.00
Equivalent Dwelling Units (EDU's) 500.00 500.00 500.00
Otay Lakes Rd Collectible / EDU $2.50 $2.00 $2.40
Collectible/EDU $10.84 $2.00 $5.00
Percent change from prior year 442% -60% 21%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-60
CITY OF CHULA VISTA
OSD Eastlake Maintenance District #1 (Zone DJ
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 1,22800 1,228.00 1,228.00
Trash Collection & Disposal Fees 28000 280.00 280 00
Water Charges 41,007.00 41,007.00 41,007.00
Services to maintain structures, grounds 1,520.00 1,520.00 1,520.00
City Staff Services 19,864.00 19,285.00 18,280.00
Contract Services 27,142.00 26,072.88 27,689.00
Landscape Supplies 0.00 0.00 0.00
Materials to maintain structures, grounds 4,600.00 16,100.00 16,100.00
Backflow Certification 0.00 0.00 0.00
Professional Services 475.00 400.00 400.00
Supplementals 1,056.00 1,056.00 360.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 948.00 970.00 1,074.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $98,120.00 $107,918.88 $107,938.00
Reserve Requirement (1) $55,437.80 $35,073.64 $50,191.17
Reserve Percent 56.5% 32.5% 47%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 60.340.80 53,234.96 71.365.34
Net Assessment (3) $93,217.00 $89,757.56 $86,763.83
Equivalent Dwelling Units (EDU's) 423.40 423.40 423.40
Otay Lakes Rd Collectible / EDU $2.50 $2.00 $2.40
Collectible/EDU $222.66 $213.99 $207.32
Percent change from prior year 4% 3% 28%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-61
CITY OF CHULA VISTA
OSD Eastlake Maintenance District #1 (Zone E)
2006/07 Fiscal Year District Cost Summary
Personnel Services $000 $0.00 $0.00
Utility Charges 000 000 0.00
Trash Collection & Disposal Fees 000 0.00 0.00
Water Charges 000 0.00 0.00
Services to maintain structures, grounds 0.00 0.00 0.00
City Staff Services 1,309.00 1,271.00 1,205.00
Contract Services 6,080.00 0.00 0.00
Landscape Supplies 0.00 0.00 0.00
Materials to maintain structures, grounds 0.00 0.00 0.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Su pplementals 962.00 962.00 0.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 69.00 65.00 75.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 6,080.00 6.080.00
Estimated Maintenance Cost $8,420.00 $8,378.00 $7,360.00
Reserve Requirement (1) $8,420.00 $6,032.16 $4,857.60
Reserve Percent 100% 72% 66%
Special Reserve 45,028.00 38,948.00 32,868.00
Fund Balance (2) 52.205.63 45.762.79 37.517.00
Net Assessment (3) $9,662.37 $7,595.37 $7,568.60
Equivalent Dwelling Units (EDU's) 377.01 377.01 397.11
Collectible/EDU $25.63 $20.15 $19.06
Percent change from prior year 27% 6% 328%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance
(4) CPI Change for FY 2006/2007 = 3.66%
3-62
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 1)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 0.00 000 5,648.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 0.00 0.00 0.00
Services to maintain structures, grounds 0.00 0.00 0.00
City Staff Services 7,368.00 7,153.00 1,101.00
Contract Services 0.00 0.00 0.00
Landscape Supplies 0.00 0.00 0.00
Materials to maintain structures, grounds 0.00 0.00 0.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 1,816.00 1,816.00 0.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 416.00 1,503.00 68.00
Storm Maintenance 40,000.00 144,818.00 144,818.00
Special Maintenance Fund 0.00 0.00 6.700.00
Estimated Maintenance Cost $49,600.00 $155,290.00 $158,335.00
Reserve Requirement (1) $9,600.00 $5,236.00 $3,408.50
Reserve Percent 100% 50% 50%
Special Reserve 138,667.00 33,849.00 27,149.00
Fund Balance (2) 185,830.75 164,754.07 183.529.05
Net Assessment (3) $12,036.25 $29,620.93 $5,363.45
Equivalent Dwelling Units (EDU's) 882.08 876.24 882.08
Collectible/EDU $13.65 $33.80 $6.08
Percent change from prior year -60% 456% 43%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected
+ Amortized Costs
(4) CPI Change for FY 2006/2007 = 3.66%
(5) BudgetlEDU does not include expenditures from Special Reserve Fund in the amount of $144,818
3-63
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 2)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 136.00 136.00 136.00
Trash Collection & Disposal Fees 280.00 280.00 280.00
Water Charges 5,364.00 5,364.00 5,364.00
Services to maintain structures, grounds 200.00 200.00 200.00
City Staff Services 6,663.00 6,469.00 6,132.00
Contract Services 18,589.00 17,819.49 22,938.00
Landscape Supplies 460.00 460.00 460.00
Materials to maintain structures, grounds 500.00 500.00 500.00
Backflow Certification 0.00 0.00 0.00
Professional Services 1,400.00 1,200.00 1,200.00
Supplementals 1,459.00 1,459.00 40.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 362.00 332.00 381 .00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $35,413.00 $34,219.49 $37,631.00
Reserve Requirement (1) $0.00 $0.00 $0.00
Reserve Percent 0% 0% 0%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) (5,528.48) 940.80 15.420.41
Net Assessment (3) $40,941.48 $17,342.00 $16,620.59
Equivalent Dwelling Units (EDU's) 3,959.38 3,959.38 3,959.39
Collectible/EDU $10.34 $4.38 $4.20
Percent change from prior year 136% 4% 1%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected
+ Amortized Costs
(4) CPI Change for FY 2006/2007 = 3.66%
3-64
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 3)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 409.00 409.00 409.00
Trash Collection & Disposal Fees 000 0.00 0.00
Water Charges 7,79900 7,799.00 7,79900
Services to maintain structures, grounds 400.00 400.00 400.00
City Staff Services 5,618.00 5,454.00 5,170.00
Contract Services 14,547.00 15,170.00 12,642.00
Landscape Supplies 2,260.00 2,260.00 2,260.00
Materials to maintain structures, grounds 2,000.00 2,000.00 2,000.00
Backflow Certification 0.00 0.00 0.00
Professional Services 1,000.00 800.00 800.00
Supplementals 2,250.00 2,250.00 40.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 303.00 281.00 321.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $36,586.00 $36,823.00 $31,841.00
Reserve Requirement (1) $36,586.00 $29,458.40 $25,472.80
Reserve Percent 100% 80% 80%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 43,251.02 29.577.54 26.520.40
Net Assessment (3) $29,920.98 $36,703.86 $30,793.40
Equivalent Dwelling Units (EDU's) 6,142.50 6,142.50 6,147.49
Collectible/EDU $4.87 $5.98 $5.01
Percent change from prior year -18% 19% 18%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously
collected + Amortized Costs
(4) CPI Change for FY 2006/2007 = 3.66%
3-65
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 4)
2006/07 Fiscal Year District Cost Summary
II. I ~, f \I
Personnel Services $0.00 $0.00 $0.00
Utility Charges 409.00 409.00 409.00
Trash Collection & Disposal Fees 280.00 280.00 280.00
Water Charges 23,074.00 23,07400 23,074.00
Services to maintain structures, grounds 1,769.00 1,769.00 1,769.00
City Staff Services 14,00400 13,596.00 12,887.00
Contract Services 29,296.00 28,141.56 29,684.00
Landscape Supplies 860.00 860.00 860.00
Materials to maintain structures, grounds 1,500.00 1,000.00 1,000.00
Backflow Certification 0.00 0.00 0.00
Professional Services 3,000.00 2,300.00 2,300.00
Supplementals 138.00 138.00 120.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 657. 00 660.00 723.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 4,002.00 4,002.00
Estimated Maintenance Cost $74,987.00 $76,229.56 $77,108.00
Reserve Requirement (1) $43,492.46 $37,558.33 $37,284.06
Reserve Percent 58% 52% 51%
Special Reserve 64,032.00 60,030.00 56,028.00
Fund Balance (2) 119,857.07 113,395.24 113,092.31
Net Assessment (3) $62,654.39 $60,422.65 $57,327.75
Equivalent Dwelling Units (EDU's) 2,602.50 2,602.50 2,602.50
Collectible/EDU $24.07 $23.22 $22.03
Percent change from prior year 4% 5% 1%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously
collected + Amortized Costs
(4) CPI Change for FY 2006/2007 = 3.66%
3-66
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 5)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 3,314.00 3,314.00 3,314.00
Trash Collection & Disposal Fees 3,360.00 3,36000 3,360.00
Water Charges 209,218.00 209,218.00 209,218.00
Services to maintain structures, grounds 11,602.00 11,602.00 11,602.00
City Staff Services 111,720.00 108,466.00 102,811.00
Contract Services 222,929.00 214,148.00 267,119.00
Landscape Supplies 7,700.00 7,700.00 7,700.00
Materials to maintain structures, grounds 8,250.00 7,500.00 7,500.00
Backflow Certification 0.00 0.00 0.00
Professional Services 9,550.00 8,900.00 8,900.00
Su pplementals 1,833.00 1,833.00 800.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 5,669.00 5,581.00 6,314.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 34,617.00 34,617.00
Estimated Maintenance Cost $595,145.00 $616,239.00 $663,255.00
Reserve Requirement (1) $595,145.00 $566,939.88 $471,478.50
Reserve Percent 100% 92% 75%
Special Reserve 569,912.00 535,295.00 500,678.00
Fund Balance (2) 1,317,849.86 1,104,466.40 1,026.251.70
Net Assessment (3) $442,352.14 $614,007.48 $609,159.80
Equivalent Dwelling Units (EDU's) 1,795.00 1,795.00 1,795.00
Collectible/ED U $246.44 $342.07 $339.36
Percent change from prior year -28% 1% 12%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously
collected + Amortized Costs
(4) CPI Change for FY 2006/2007 = 3.66%
3-67
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 6)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 818.00 818.00 81800
Trash Collection & Disposal Fees 2,240.00 2,240.00 2,240.00
Water Charges 29,071.00 29,071.00 29,07100
Services to maintain structures, grounds 9,690.00 9,690.00 9,690.00
City Staff Services 19,747.00 19,171.00 18,172.00
Contract Services 44,502.00 42,321.00 36,809.00
Landscape Supplies 1,700.00 1,700.00 1,700.00
Materials to maintain structures, grounds 2,200.00 1,800.00 1,800.00
Backflow Certification 0.00 0.00 0.00
Professional Services 4,300.00 4,000.00 4,000.00
Supplementals 609.00 609.00 240.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 941.00 939.00 1,052.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $115,818.00 $112,359.00 $105,592.00
Reserve Requirement (1) $115,818.00 $112,359.00 $87,641.36
Reserve Percent 100% 100% 83%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 150,539.96 121.278.84 86.818.65
Net Assessment (3) $81,096.04 $103,439.16 $106,414.71
Equivalent Dwelling Units (EDU's) 568.21 568.21 573.20
Collectible/EDU $142.72 $182.04 $185.65
Percent change from prior year -22% -2% 26%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve _ Fund Balance+Costs from monies previously
collected + Amortized Costs
(4) CPI Change for FY 2006/2007 = 3.66%
3-68
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 7)
2006/07 Fiscal Year District Cost Summary
Personnel Services $000 $0.00 $0.00
Utility Charges 1 , 159.00 1,159.00 1,159.00
Trash Collection & Disposal Fees 2,240.00 2,240.00 2,24000
Water Charges 80,76000 80,760.00 80,76000
Services to maintain structures, grounds 16,550.00 16,550.00 16,550.00
City Staff Services 45,066.00 43,753.00 41,472.00
Contract Services 105,065.00 100,000.00 91,664.00
Landscape Supplies 3,750.00 3,750.00 3,750.00
Materials to maintain structures, grounds 3,550.00 3,150.00 3,150.00
Backflow Certification 0.00 0.00 0.00
Professional Services 6,500.00 5,600.00 5,600.00
Supplementals 1,590.00 1,590.00 800.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 2,231.00 2,267.00 2,500.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 0.00 0.00
Estimated Maintenance Cost $268,461.00 $260,819.00 $249,645.00
Reserve Requirement (1) $107,384.40 $93,894.84 $124,822.50
Reserve Percent 40% 36% 50%
Special Reserve 0.00 0.00 0.00
Fund Balance (2) 174,381.19 158,431.99 187,284.95
Net Assessment (3) $201,464.21 $196,281.85 $187,182.55
Equivalent Dwelling Units (EDU's) 1,176.79 1,176.79 1,176.79
Collectible/EDU $171.20 $166.79 $159.06
Percent change from prior year 3% 5% 2%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously
collected + Amortized Costs
(4) CPI Change for FY 2006/2007 = 3.66%
3-69
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 8)
2006/07 Fiscal Year District Cost Summary
H. I
Personnel Services $0.00 $0.00 $0.00
Utility Charges 0.00 0.00 0.00
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 0.00 000 0.00
Services to maintain structures, grounds 0.00 0.00 0.00
City Staff Services 0.00 0.00 0.00
Contract Services 0.00 0.00 0.00
Landscape Supplies 0.00 0.00 0.00
Materials to maintain structures, grounds 0.00 0.00 0.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Su pplementals 0.00 0.00 0.00
Other Commodities 0.00 101.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 0.00 0.00 0.00
Storm Maintenance 0.00 0.00 0.00
Special Maintenance Fund 0.00 4,431.85 4,431.85
Estimated Maintenance Cost $0.00 $4,532.85 $4,431.85
Reserve Requirement (1) $0.00 $75.75 $0.00
Reserve Percent 75% 75% 50%
Special Reserve 22,267.40 17,835.55 13,403.70
Fund Balance (2) 21 ,018.04 17.985.49 14.042.95
Net Assessment (3) $1,249.36 $4,458.66 $3,792.60
Equivalent Dwelling Units (EDU's) 118.82 118.82 118.82
Collectible/EDU $10.51 $37.52 $31.92
Percent change from prior year -72% 18% -10%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously
collected + Amortized Costs
(4) CPI Change for FY 2006/2007 = 3.66%
3-70
CITY OF CHULA VISTA
OSD 20 (Rancho del Rey Zone 9)
2006/07 Fiscal Year District Cost Summary
Personnel Services $0.00 $0.00 $0.00
Utility Charges 0.00 0.00 000
Trash Collection & Disposal Fees 0.00 0.00 0.00
Water Charges 0.00 0.00 0.00
Services to maintain structures, grounds 0.00 0.00 0.00
City Staff Services 310.00 301.00 285.00
Contract Services 1,435.00 1,435.00 1,435.00
Landscape Supplies 0.00 0.00 0.00
Materials to maintain structures, grounds 0.00 0.00 0.00
Backflow Certification 0.00 0.00 0.00
Professional Services 0.00 0.00 0.00
Supplementals 245.00 245.00 0.00
Other Commodities 0.00 0.00 0.00
Advertising 0.00 0.00 0.00
Transfer: Corporate Yard Debt Services 41.00 42.00 18.00
Storm Maintenance 3,000.00 3,000.00 3,000.00
Special Maintenance Fund 0.00 300.00 300.00
Estimated Maintenance Cost $5,031.00 $5,323.00 $5,038.00
Reserve Requirement (1) $1,401.39 $1,658.86 $869.00
Reserve Percent 69% 82% 50%
Special Reserve 992.00 692.00 392.00
Fund Balance (2) 5,784.93 6,103.64 4,763.29
Net Assessment (3) $1,639.46 $1,570.22 $1,535.71
Equivalent Dwelling Units (EDU's) 52.46 52.46 52.46
Collectible/EDU $31.25 $29.93 $29.27
Percent change from prior year 4% 2% 30%
(1) Reserve Requirement = Estimated Maintenance Cost x Reserve Percent
(2) Estimated fund balance as of June 30 of each year
(3) Net Assessment = Estimated Maintenance Cost + Reserve Requirement + Additional Reserve - Fund Balance+Costs from monies previously collected
+ Amortized Costs
(4) CPI Change for FY 2006/2007 = 3.66%
(5) BudgetlEDU does not include expenditures from Special Reserve Fund in the amount of $3,000
3-71
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER'S REPORT
FOR THE FISCAL YEAR 2006/07 SPREAD OF ASSESSMENTS
FOR OPEN SPACE DISTRICT NO.1; DECLARING THE
INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND
SETTING A PUBLIC HEARING REGARDING THESE
ASSESSMENTS
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California
Streets and Highways Code. also known as "Landscaping and Lighting Act of 1972" and Chula
Vista Municipal Code Chapter 17.07, NBS Government Finance Group, DBA NBS, has
prepared and filed the annual report for the existing Open Space Maintenance Districts in the
City; and
WHEREAS, the report was prepared by NBS and is presented to the Council for approval
in order to proceed with the public hearing set for August 1, 2006, in accordance with the
Landscaping and Lighting Act of 1972. The report covers Open Space District No.1; and
WHEREAS, the proposed assessments for Fiscal Year 2006/07 are as follows:
0501
EI Rancho del Rey
Units 1 - 4
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista approves the Engineer's Report to declare its intention to levy and collect assessments for
the Fiscal Year 2006/07 for the spread of assessments for Open Space District No.1, a copy of
which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council sets August 1,2006 at 4:00 p.m. in
the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as
the date and time for the public hearing on the assessments.
BE IT FURTHER RESOLVED that the City Clerk is directed to publish the assessments
pursuant to Government Code Section 6061.
Presented by
Approved as to form by
i._8~ (2. (~
Ann Moore
City Attorney
Leah Browder
Acting Director of Engineering
3-72
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER'S REPORT
FOR THE FISCAL YEAR 2006/07 SPREAD OF ASSESSMENTS
FOR OPEN SPACE DISTRICTS 2 THROUGH 11, 14, 15,17,23,
24,26, 31 AND 33, BAY BOULEVARD AND TOWN CENTRE
MAINTENANCE DISTRICTS; DECLARING THE INTENTION
TO LEVY AND COLLECT ASSESSMENTS; AND SETTING A
PUBLIC HEARING REGARDING THESE ASSESSMENTS
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California
Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972'" and Chula
Vista Municipal Code Chapter 17.07, NBS Government Finance Group, DBA NBS has prepared
and filed the annual reports for all existing Open Space Maintenance Districts in the City; and
WHEREAS, these reports were prepared by NBS and are presented to the Council for
approval in order to proceed with the public hearings set for August 1, 2006, in accordance with
the Landscaping and Lighting Act of 1972. These reports cover Open Space Districts 2 through
11, 14, 15, 17, 23, 24, 26, 31 and 33, Bay Boulevard and Town Centre Maintenance Districts;
and
WHEREAS, the proposed assessment for Fiscal Year 2006/07 is as follows:
3-73
Open Space District
or Zone
2
3
4
5
6
7
8
9
10
11
14
15
17
23
24
26
31
33
Bay Boulevard (2)
Town Centre (3)
FY 04105 FY 05/06 FY 06107 (1)
$ 47.98 $ 49.73 I $ 51.55
$ 328.45 I $ 340.44 I $ 352.90
$ 346.93 I $ 359.59 I $ 372.75
$ 338.30 I $ 350.65 I $ 363.48
$ 167.29 1$ 173.40 1$ 179.74
$ 116.87 1$ 121.14 1$ 125.57
$ 533.88 I $ 553.37 I $ 573.62
$ 151.311$ 156.831$ 162.57
$ 102.11 1$ 105.83 1$ 109.70
$ 103.32 1$ 107.09 1$ 111.01
$ 332.14 1$ 344.26 1$ 356.86
$ 318.66 1$ 330.29 1$ 342.38
$ 152.53 1$ 158.10 1$ 163.88
$ 496.71 1$ 514.84 1$ 533.68
$ 617.55 1$ 640.09 1$ 663.52
$ 484.68 1$ 502.37 1$ 520.76
$ 500.68 I $ 518.95 I $ 537.95
$ 1,237.36 1$ 1,282.52 1$ 1,329.46
$ 2,867.39 j $2,971.96 1$ 3,080.73
$ 0.10 $ 0.11 $ 0.11
FY 05106 FY 06107
$ 49.00 $ 51.00 $
$ 340.00 I $ 352.00 I $
$ 356.00 1$ 361.00 1$
$ 290.00 I $ 227.00 I $
$ 113.00 1$ 112.00 1$
$ 120.00 1$ 125.00 1$
$ 509.00 I $ 572.00 I $
$ 155.00 1$ 162.00 1$
$ 105.00 1$ 109.00 1$
$ 75.00 I $ 69.00 I $
$ 343.00 I $ 356.00 J $
$ 262.00 1$ 240.00 1$
$ 102.00 1$ 82.00 1$
$ 494.00 I $ 533.00 I $
$ 564.00 I $ 483.00 I $
$ 283.00 I $ 422.00' $
$ 270.00 I $ 215,00 I $
$ - 1$ - 1$
. $ 2,424.00 I $ 3,061.00 I $
$ - $ - $
(1) Assessment may be set at or below this amount without being subject to a vote and majority protest.
(2) Bay Boulevard rates are based on acres.
(3) Town Centre rates based on parcel square footage since FY 2001/2002.
2.00
12.00 I
5.00 I
(63.00) I
(1.00) I
5.00 I
63.00 I
7.00 I
4.00 I
(6.00) I
13.00 I
(22.00) I
(20.00) I
39.00 I
(81.00) I
139.00 I
(55.00) ./
- I
637.00 I
Total
4%
4%
1%
-22%
-1%
4%
12%
5%
4%
-8%
4%
-8%
-20%
8%
-14%
49%
-20%
0%
26%
0%
Revenue
$ 12,69900 :
$ 44,704.00 :
$ 75,810.00 :
$ 27,694.00
$ 18,144.00
$ 13,000.00
$ 62,920.00
I
$ 62,208.00 I
$ 71,762.33
$ 91,151.76
$310,916.16
$ 13,860.00
$ 3,772.00
$ 48,001.98
$ 19,320.00
$ 8,018.00
$ 73,960.00
$
$ 19,559.79
$
$ 977,501.0
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista approves the Engineer's reports to declare its intention to levy and collect assessments for
the Fiscal Year 2006/07 for the spread of assessments for City Open Space Maintenance Districts
2 through 11, 14, 15, 17,23,24,26,31 and 33, Bay Boulevard and Town Centre Maintenance
Districts, a copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council sets August 1,2006 at 4:00 p.m. in
the City Council Chambers, City ofChula Vista, 276 Fourth Avenue, Chula Vista, California as
the date and time for the public hearing on the assessments.
3-74
BE IT FURTHER RESOLVED that the City Clerk is directed to publish the assessments
pursuant to Government Code Section 6061.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
vA~~ a'., ~L~
Ann Moore
City Attorney
....
3-75
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER'S REPORT
FOR THE FISCAL YEAR 2006/07 SPREAD OF ASSESSMENTS
FOR OPEN SPACE DISTRICT NO. 18; DECLARING THE
INTENTION TO LEVY AND COLLECT ASSESSMENTS~ AND
SETTING A PUBLIC HEARING REGARDING THESE
ASSESSMENTS
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California
Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula
Vista Municipal Code Chapter 17.07, NBS Government Finance Group, DBA NBS, has
prepared and filed the annual report for the existing Open Space Maintenance Districts in the
City; and
WHEREAS, the report was prepared by NBS and is presented to the Council for approval
in order to proceed with the public hearing set for August 1, 2006, in accordance with the
Landscaping and Lighting Act of 1972. The report covers Open Space District No. 18; and
WHEREAS, the proposed assessments for Fiscal Year 2006/07 are as follows:
05018
Rancho del Sur
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista approves the Engineer's Report to declare its intention to levy and collect assessments for
the Fiscal Year 2006/07 for the spread of assessments for Open Space District No. 18, a copy of
which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council sets August 1, 2006 at 4:00 p.m. in
the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as
the date and time for the public hearing on the assessments.
BE IT FURTHER RESOLVED that the City Clerk is directed to publish said assessments
pursuant to Government Code Section 6061.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
<.-IL~,
Ann Moore
City Attorney
Oc, ~.~~
3-76
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ENGINEER'S REPORT
FOR THE FISCAL YEAR 2006/07 SPREAD OF ASSESSMENTS
FOR OPEN SPACE DISTRICT 20; DECLARING THE
INTENTION TO LEVY AND COLLECT ASSESSMENTS; AND
SETTING A PUBLIC HEARING REGARDING THESE
ASSESSMENTS
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California
Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula
Vista Municipal Code Chapter 17.07, NBS Government Finance Group, DBA NBS, has
prepared and filed the annual report for the existing Open Space Maintenance District in the
City; and
WHEREAS, the report was prepared by NBS and is presented to the Council for approval
in order to proceed with the public hearing set for August 1, 2006, in accordance with the
Landscaping and Lighting Act of 1972. The report covers Open Space District 20; and
WHEREAS, the proposed assessments for Fiscal Year 2006/07 are as follows:
Open Space District
No. 20 (Zones 1 - 9)
20
Zone 1 - Desilting Basin $ 55.71 $ 57.74 $ 59.85 $ 34.00 (20.00) -59% $ 12,349.12
Zone 2 - Rice Canyon $ 4.23 $ 4.38 [$ 4.54 $ 4.38 0.16 4% $ 17,975.59
Zone 3 - H Street $ 6.03 I: 6.25 1$ 6.48 $ 6.00 (1.00) I -17% $ 30,712.51
Zone 4 - Business Center $ 22.43 23.25 1$ 24.10 $ 23.20 0.80 I 3% $ 62,460.00
Zone 5 - SPA I $ 338.47 1$ 350.82 1$ 363.66 $ 342.00 (95.00) I -28% $ 443,365.00
Zone 6 - SPA II $ 260.07 1$ 269.56 1$ 279.43 $ 180.00 (37.00) I -21% $ 81,254.03
Zone 7 - SPA III $ 160.54 1$ 166.40 1$ 172.49 $ 166.00 .6.00 j 4% $ 202,407.88
Zone 8- N D~silting Basin $ 37.01 1$ 38.36 1$ 39.76 $ 37.50 (26.50) -71% $ 1,307.02
Zone 9 - Tel C n Channel $ 29.38 $ 30.45 $ 31.56 $ 30.00 1.00 3% $ 1,626.26
District Total $853,457.41
(1) Assessment may be set at or below this amount without being subject to a vote and majority protest.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista approves the Engineer's report to declare its intention to levy and collect assessments for
the Fiscal Year 2006/07 for the spread of assessments for City Open Space Maintenance District
20, a copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council sets August 1, 2006 at 4:00 p.m. in
the City Council Chambers, City ofChu1a Vista, 276 Fourth Avenue, Chu1a Vista, California as
the date and time for the public hearing on the assessment.
3-77
BE IT FURTHER RESOLVED that the City Clerk is directed to publish the assessment
pursuant to Government Code Section 6061.
Presented by
Approved as to form by
'-t~ fL ~~~7::~
Ann Moore
City Attorney
Leah Browder
Acting Director of Engineering
3-78
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROViNG THE ENGINEER'S REPORT
FOR THE FISCAL YEAR 2006/07 SPREAD OF ASSESSMENTS
FOR THE EASTLAKE MA1NTENANCE DISTRICT NO.1;
DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS; AND SETTING A PUBLIC HEARING
REGARDING THESE ASSESSMENTS
WHEREAS, pursuant to Article 4, Chapter 1, part 2 of Division 15 of the California
Streets and Highways Code, also known as "Landscaping and Lighting Act of 1972" and Chula
Vista Municipal Code Chapter 17.07, NBS Government Finance Group, DBA NBS, has
prepared and filed the annual report for the existing Open Space Maintenance Districts in the
City; and
WHEREAS, the report was prepared by NBS and is presented to the Council for approval
in order to proceed with the public hearing set for August 1, 2006, in accordance with the
Landscaping and Lighting Act of 1972. The report covers Eastlake Maintenance District No.1;
and
WHEREAS, the proposed assessments for Fiscal Year 2006/07 are as follows:
Eastlake Maint.
District # 1
Otay lakes Rd (1) n/a n/a n/a $ 2.00 $ 2.50 $ 0.50 25% $ 31,716.75
Zone A - Eastlake I $ 11.47 $ 11.89 $ 12.32 $ 11.80 $ 12.30 $ 0.50 4% $ 108,354.39
Zone B - Eastlake Greens $ 18.74 $ 19.42 $ 20.13 $ 14.60 1$ 11.00 $ (3.60) I -25% $ 37,151.18
Zone C - Oly Training Ctr $ 155.23 $ 160.90 $ 166.79 $ 2.00 1$ 11.00 $ 9.00 I 450% $ 5,500.00
Zone 0 - Salt Creek I $ 207.04 $ 214.60 $ 222.45 $ 214.00 $ 222.00 $ 8.00 I 4% $ 93,994.80
Zone E - Tel C n Chnl (2) $ 29.52 $ 30.60 $ 31.72 $ 19.00 $ 26.00 $ 7.00 37% $ 9,802.26
District Total $ 286,519.38
(1) Zones A - 0 share in the cost of Otay Lakes Road medians and off-site parkways. Collectible and projected revenue for Otay Lakes Road are reflected in
collectible and projected revenue for Zones A-D.
(2) Portions of Eastlake I and Eastlake Greens are in this benefit area
3-79
NOW, THEREFORE, BE .IT RESOLVED that the City Council of the City 01' Chula
Vista approvcs the Enginecr's Report to declare its intention to levy and collect assessmcnts li)r
the Fiscal Year 2006/07 for the spread of assessments for Eastlake Maintenance District No.1, a
eopy of which is on file in the oi'llcc oCthe City Clerk.
BE IT FURTH ER RESOLVED thi'l the City Council scts August 1,2006 at 4:00 p.m. in
the City Council Chambers, City ofChula Vista, 276 Fourth Avenue, Chula Vista, Calilomia as
thc datc and time Cor the public hearing on the assessments.
BE IT FURTHER RESOLVED that thc City Clerk is directed to publish thc assessmcnts
pursuant to Government Code Scction 6061.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
Lr!/I~ a~~
Ann Moore
City Attomey
9...800
:.11II
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DEVELOPMENT OF A
PUBLIC OUTREACH AND EDUCATION EFFORT TO
INCLUDE A BASELINE RESIDENT SURVEY REGARDING
POTENTIAL OPEN SPACE DISTRICT LEVY INCREASES
RELATED TO LEVELS OF SERVICE AND POTENTIAL
EXPANSIONS OF SERVICE FOR BRUSH MANAGEMENT
EFFORTS TO ENHANCE FIRE SAFETY
WHEREAS, the City of Chula Vista has initiated and maintained Open Space
Maintenance Districts within the City pursuant to Article 4, Chapter 1, part 2 of Division 15 of
the California Streets and Highways Code, also known as "Landscaping and Lighting Act of
1972" and Chula Vista Municipal Code Chapter 17.07; and
WHEREAS, the maximum annual assessment for each District cannot be increased by
more than the already approved inflationary factor each year; and
WHEREAS, the increasing costs of maintenance of certain Open Space Districts is
greater than the amount of revenue generated by the levying of annual assessments; and
WHEREAS, in order for the City of Chula Vista to increase an annual assessment beyond
the annual inflationary amount, a Proposition 218 ballot procedure is necessary; and
WHEREAS, in response to the wildfires of October 2003, several departments within the
City of Chula Vista have formed a team to conduct a comprehensive review of existing
regulations; and the group's charge is to determine what changes need to be incorporated into
local codes and policies in order to reduce the potential impacts of future wildfires on Chula
Vista; and
WHEREAS, the team retained the services of an outside consultant to provide technical
expertise in creating hazard maps for the City and to provide recommendations for both building
code modifications and policies and procedures for balancing the brush management components
of the program with the need to preserve the critical habitat contained in the City's various open
space areas; and
WHEREAS, based on other cities' experiences and the experience of consultants
specializing in Proposition 218 ballot procedures, staff recommends that an initial polling of
property owners in the Open Space Districts be undertaken in order to determine receptiveness to
any potential increases in assessments to maintain levels of service and to fund brush
management efforts.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista, approves the development of a public outreach and education effort to include a baseline
resident survey regarding potential Open Space levy increases related to levels of service and
potential expansions of service for brush management efforts to enhance fire safety.
3-80
Presented by
Leah Browder
Acting Director of Engineering
Approved as to form by
\~ (} ,~~~
Ann Moore
City Attorney
3-81
COUNCIL AGENDA STATEMENT
Item
Meeting Date: 07/18/06
SUBMITTED BY:
Resolution Ordering the Summary Vacation of a portion of the
northwesterly side of Quintard Street lying adj acent to the properties located
at 374, 392, 394, 396 and 398 Quintard Street.
, [.-U
\.. \. \n( ~.JJ--'
Acting Director of Engineering .~-.l
., QLyJ --
lntenm City ManagerJ\..f ~:rt (4/5ths Vote: Yes_NoX)
ITEM TITLE:
REVIEWED BY:
The Engineering Department is requesting that a portion ofthe northwesterly side of Quintard Street
be vacated. The portion in question is located immediately north of Orange Avenue and easterly of
Forth A venue. An Exhibit map ofthis area is attached. This portion ofthe dedicated right-of-way is
no longer needed for public use.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
The portion of Quintard Street to be vacated is adjacent to the properties located at 374,392,394,
396 and 398 Quintard Street. This portion of Quintard Street is no longer needed for public use due
to the realignment ofthe intersection of Quintard Street and Orange Avenue. In the period since the
realignment, this unused portion of Quintard Street has become a problem area for the local
residents. In addition to trash and weeds accumulating, it has become a short cut for people traveling
west bound on Quintard who do not want to stop at the intersection with Orange Avenue.
Chapter 4, Section 8334( a) of the California Streets and Highways Code states that the legislative
body of a local agency may suinmarily vacate excess right-of-way if it is no longer needed for public
street purposes. This is the area that is no longer needed for the purpose to which it was originally
dedicated and staff is requesting that Council vacate it at this time
Pursuant to Section 8341 of the Streets and Highways Code all potentially affected Utilities have
been notified and an Easement for Public Utility Purposes will be reserved across the vacated area.
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project"
as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
4-1
.. I
Page 2, Item 'I
Meeting Date: 07/18/06
Staff has reviewed the property holdings of the City Council Members and has found no such
holdings within 500' of the property which is the subject of this action.
FISCAL IMPACT: Staff has agreed to process this vacation without the standard deposits
typically required by the applicants because ofthe public health and safety issues raised. Staff time
associated from processing this street vacation will come out of the City's general fund. Future
maintenance costs will be reduced as well once the adjacent property owners take over responsibility
for the vacated land.
Attachment - Plat showing vacation
J :\Engineer\AGENDA \CAS2006\07 -18-06\Quintard vacation A 113 .doc
4-2
EXHIBIT "A"
RIGHT-OF-WAY VACATION
PORTION OF QUINTARD STREET
That portion of Lot 32 of Quarter Section 142 of San Diego Land & Town Co's
Map of Chula Vista, according to Map thereof No. 505, in the City of Chula Vista,
County of San Diego, State of California, filed in the Office of the County
Recorder of said County on March 13, 1888, more particularly described as
follows:
Beginning at Southwesterly corner of Lot 21 per Map No. 5542 filed in the office
qf the County Recorder of San Diego County on March 3,1965; thence along the
westerly line of said lot North 18015'19" West (North 18016'45" West per Map
5542) a distance of 12.00 feet to the Northerly line of Quintard Street as
dedicated on Map 505 (actually shown as 9th Street on Map 505); thence along
said Northerly line South 71044'40" West a distance of 300.00 feet to the TRUE
POINT OF BEGINNING; thence continuing along said Northerly line South
71044'40" West a distance of 265.49 feet to a point being 56.56 feet from the
Southwest corner of Lot 32; thence leaving said Northerly line South 83024'59"
East 95.22 feet to the centerline of Quintard Street; thence along said centerline
North 71044'40" East to a 78.00 foot radius non-tangent curve concave
Southeasterly, a radial bearing to said point bears North 74048'02" West; thence
Northerly and Northeasterly along said curve through a central angle of 56032'42"
a distance of 76.98 feet; thence North 65Q 43' 40" East a distance of47.70 feet to
the TRUE POINT OF BEGINNING.
Reserving therefrom the above describe area, an Easement for Public Utility
Purposes.
tf~""/ ~ 7k-~
Gregory P. Hopkins, PLS 7730
License expires 12-31-07
7-3 -0(;
Contains 0.1265 Acres more or less
4-3
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-:l
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF A
PORTION OF THE NORTHWESTERLY SIDE OF QUINTARD
STREET LYING ADJACENT TO THE PROPERTIES LOCATED
AT 374,392, 394, 396, AND 398 QUINTARD STREET.
WHEREAS, the proposed summary vacation would vacate a portion of a 80-foot
wide street easement along said property; and
WHEREAS, this portion of Quintard Street is no longer needed for public use due
to the realignment of the intersection of Quintard Street and Orange Avenue; and
WHEREAS, in accordance with Chapter 4, Section 8334(a) of the California
Street and Highways Code, this type of vacation may be performed summarily through
adoption of a resolution ordering said summary vacation; and
WHEREAS, in accordance with Chapter 4, Section 8341 of the California Street
and Highways Code, all affected Utilities have been notified and a Easement for Public
Utility Purposes will be reserved across the vacated area; and
WHEREAS, it has been determined that pursuant to Section 15060(c)(3) of the
State CEQA Guidelines the subject vacation is not subject to CEQA and no
environmental review is necessary; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista that it orders the summary vacation of a portion of the Northwesterly side of
Quintard Street lying adjacent to the properties located at 374, 392, 394, 396, and 398
Quintard Street, as more particularly described in the legal description designated as
Exhibit A and that the plat designated as Exhibit B which are attached to and
incorporated into this Resolution by this reference.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista
that it directs the City Clerk to record this Resolution of Vacation together with Exhibits
A and B, in the Office of the County Recorder.
4-5
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista
that it declares that from and after the date this Resolution of Vacation is recorded, that
portion of the Northwesterly side of Quintard Street lying adjacent to the properties
located at 374,392,394, 396, and 398 Quintard Street, no longer constitutes a street.
Presented by
Approved as to form by
'-.~~ t1- ~~k--
Ann Moore
City Attorney
Leah Browder
Acting Director of Engineering
4-6
COUNCIL AGENDA STATEMENT
;:-::-.....
~'Z,
Item ,~
Meeting Date July 18. 2006
ITEM TITLE:
Resolution Authorizing the Council to approve the contract
with Bob Murray & Associates to conduct an Executive search for
the position of City Manager. '
Director of Human Resources fY!2--
tA1.J. {\
City ManagerP" ~ (4/5ths Vote: Yes_ No-X2
SUBMITTED BY:
REVIEWED BY:
Staff recommends that the City contract with Bob Murray & Associates to conduct an
executive search for the new City Manager. This firm is currently working with the City
to recruit and select the first Executive Director of the CVRC/RDA. The firm of Bob
Murray & Associates was selected to conduct the Executive Director recruitment over
32 other firms after a formal RFP process. They specialize in conducting municipal
executive recruitments, and have an excellent reputation throughout the State for the
quality of their process. The firm is prepared to begin the City Manager recruitment
immediately, while it continues to perform the services under the existing agreement for
the recruitment of the CVRC Executive Director. Although the process for recruiting a
new City Manager will begin immediately, Bob Murray & Associates will not present a
slate of candidates to interview and consider until after the November elections.
RECOMMENDATION: That Council adopts the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: Recently the Council/RDA entered into an agreement with Bob Murray
& Associates to conduct an Executive Search for the Executive Director of the
CVRC/RDA. In preparation for this search, Bob Murray spent time meeting with the
Mayor, Council and City staff to determine the knowledge, skills and abilities necessary
to perform work for the City of Chula Vista. As a result of that search, Bob Murray &
Associates has become very familiar with the City's current large-scale projects, the
local political environment, and some of the concerns of the community. This base of
information is similar to, although not comprehensive of, issues the search team will be
required to address when recruiting and selecting the next City Manager.
The City initially conducted a formal RFP process when seeking out firms to conduct the
Executive Director recruitment. The City may waive the informal selection process to
select a firm to conduct the recruitment for the City Manager position, and we
recommend that approach. The City will save time, money and resources by using the
same executive search firm since they are now very familiar with key stakeholders in
the City Manager selection process.
5-1
Item
Meeting Date: July 18, 2006
Page 2 of 2
~
.:;;
Bob Murray & Associates is prepared to begin immediately holding discussions with the
Mayor and each Council member individually. They will not bring forward a group of
candidates until after the November elections. Interviews are likely to be conducted in
December in anticipation of the final candidate starting sometime in early 2007.
FISCAL IMPACT:
The Human Resources Department budget includes funds for local, regional and
statewide recruitments. The total cost of this contract is $17,500 plus expenses. The
Human Resources Department is not requesting additional funding.
Exhibits:
A: Agreement between City of Chula Vista and Bob Murray & Associates
5-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE COUNCIL TO
APPROVE THE CONTRACT WITH BOB MURRAY &
ASSOCIATES TO CONDUCT AN EXECUTIVE SEARCH FOR
THE POSITION OF CITY MANAGER
WHEREAS, Staff recommends that the City contract with Bob Murray & Associates to
conduct an executive search for the new City Manager; and
WHEREAS, this firm is currently working with the City to recruit and select the first
Executive Director of the CYRC/RDA; and
WHEREAS, the firm of Bob Murray & Associates was selected to conduct the Executive
Director recruitment over 32 other firms after a formal RFP process; and
WHEREAS they specialize in conducting municipal executive recruitments, and have an
excellent reputation throughout the State for the quality of their process; and
WHEREAS, the firm is prepared to begin the City Manager recruitment immediately,
while it continues to perform the services under the existing agreement for the recruitment of the
CYRC Executive Director; and
WHEREAS, although the process for recrmtmg a new City Manager will begin
immediately, Bob Murray & Associates will not present a slate of candidates to interview and
consider until after the November elections; and
WHEREAS, recently the Council/RDA entered into an agreement with Bob Murray &
Associates to conduct an Executive Search for the Executive Director of the CYRC/RDA; and
WHEREAS, as a result of that search, Bob Murray & Associates has become very
familiar with the City's current large-scale projects, the local political environment, and some of
the concerns of the community; and
WHEREAS, this base of information is similar to, although not comprehensive of, issues
the search team will be required to address when recruiting and selecting the next City Manage;
and
WHEREAS, the City initially conducted a formal RFP process when seeking out firms to
conduct the Executive Director recruitment; and
WHEREAS, the City may waive the informal selection process to select a firm to
conduct the recruitment for the City Manager position, and we recommend that approach; and
:5-3
WHEREAS, the City will save time, money and resources by using the same executive
search firm since they are now very familiar with key stakeholders in the City Manager selection
process; and
WHEREAS, interviews are likely to be conducted in December in anticipation of the
final candidate starting sometime in early 2007.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista, does hereby authorize the Council to approve the contract with Bob Murray & Associates
to conduct an Executive search for the position of City Manager.
Presented by
Approved as to form by
~{~~~\,
Ann Moore
City Attorney
Marcia Raskin
Director of Human Resources
6-+
THE ATTACHED AGREENIENT 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
~~~~r-~~,
Ann Moore
City Attorney
Dated: \ ~ ~ '1 bO~
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
BOB MURRAY & ASSOCIATES
FOR EXECUTIVE SEARCH AND RECRUITING SERVICES
FOR CITY MANAGER OF THE CITY OF CHULA VISTA
5-5
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Bob Murray & Associates
for Executive Search and Recruiting Services for City Manager of the City of Chula Vista
This agreement ("Agreement"), dated July 18, 2006 for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A,
paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3,
and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose
business form is set forth on Exhibit A, paragraph 5, and whose place of business and
telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with
reference to the following facts:
Recitals
Whereas, in October 2005, a Request for Proposal was mailed to 34 firms
nationwide specializing in executive search and recruitment for large public and private
sector organizations; and,
Whereas, nine (9) firms responded with proposals and were ranked by certain
criteria; and,
Whereas, Bob Murray & Associates ranked as the top respondent to conduct the
search for a Chief Executive Officer for the Chula Vista Redevelopment Corporation
(CVRC); and,
Whereas, the City wishes to extend the relationship with Bob Murray & Associates to
conduct the search for a City Manager since they are already familiar with the needs of the
City of Chula Vista.
Whereas, Consultant warrants and represents that they are experienced and staffed
in a manner such that they are and can prepare and deliver the services required of
Consultant to City within the time frames herein provided all in accordance with the terms
and conditions of this Agreement;
Bob Murray & Associates
Page 1
5-6
Two-Party Agreement
(End of Recitals. Next Page starts Obligatory Provisions.)
Bob Murray & Associates
Page 2
5-7
Two-Party Agreement
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled"
Scope of Work and Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred to
as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
Bob Murray & Associates
Page 3
5-8
Two-Party Agreement
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
F. Insurance
Consultant must procure insurance against claims for injuries to persons or damages to property
that may arise from or in connection with the performance of the work under the contract and the
results of that work by the consultant, his agents, representatives, employees or subcontractors and
provide documentation of same prior to commencement of work. The insurance must be
maintained for the duration of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form
CGOOO 1 )
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
4. Professional Liability or Errors & Omissions Liability insurance appropriate to the
consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
1. General Liability:
(Including operations,
products and completed
operations, as applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance with a
general aggregate limit is used, either the general aggregate limit
must apply separately to this project/location or the general
aggregate limit must be twice the required occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
4. Professional Liability or $ 500,000.00 each occurrence
Errors & Omissions Liability: $1,000,000 policy aggregate
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the
option of the City, either the insurer will reduce or eliminate such deductibles or self-insured
Bob Murray & Associates
Page 4
5-9
Two-Party Agreement
retentions as they pertain to the City, its officers, officials, employees and volunteers; or the
consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of losses
and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The genera/liability, automobile liability, and where appropriate, the worker's compensation policies
are to contain, or be endorsed to contain, the following provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be
named as additional insureds with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the consultant, where applicable, and, with
respect to liability arising out of work or operations performed by or on behalf of the
consultant's including providing materials, parts or equipment furnished in connection with
such work or operations. The general liability additional insured coverage must be
provided in the form of an endorsement to the contractor's insurance using ISO CG
2010 (11/85) or its equivalent. Specifically, the endorsement must not exclude
Products / Completed Operations coverage.
2. The consultant's General Liability insurance coverage must be primary insurance as it
pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or volunteers is
wholly separate from the insurance of the contractor and in no way relieves the contractor
from its responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that coverage will
not be canceled by either party, except after thirty (30) days' prior written notice to the City
by certified mail, return receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
Consultant's insurer will provide a Waiver of Subrogation in favor of the City for each required
policy providing coverage during the life of this contract.
If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage
are written on a claims-made form:
1. The "Retro Date" must be shown, and must be before the date of the contract or
the beginning of the contract work.
2. Insurance must be maintained and evidence of insurance must be provided far at
least five (5) years after completion of the contract work.
3. If coverage is canceled or non-renewed, and not replaced with another c1aims-
made policy form with a "Retro Date" prior to the contract effective date, the
Consultant must purchase "extended reporting" coverage for a minimum of five
(5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for
review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State of
California with a current A.M. Best's rating of no less than A V. If insurance is placed with a surplus
lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers
Bob Murray & Associates
Page 5
5-10
Two-Party Agreement
(LESLI) with a current A.M. Best's rating of no less than A X. Exception may be made for the State
Compensation Fund when not specifically rated.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements should be on insurance industry forms,
provided those endorsements or policies conform to the contract requirements. All certificates and
endorsements are to be received and approved by the City before work commences. The City
reserves the right to require, at any time, complete, certified copies of all required insurance
policies, including endorsements evidencing the coverage required by these specifications.
Subcontractors
Consultants must include all sub-consultants as insureds under its policies or furnish separate
certificates and endorsements for each sub-consultant. All coverage for sub-consultants are
subject to all of the requirements included in these specifications.
G. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond in the form
prescribed by the City and by such sureties which are authorized to transact such
business in the State of California, listed as approved by the United States Department
of Treasury Circular 570, http://www.fms.treas.Qov/c570, and whose underwriting
limitation is sufficient to issue bonds in the amount required by the agreement, and
which also satisfy the requirements stated in Section 995.660 of the Code of Civil
Procedure, except as provided otherwise by laws or regulations. All bonds signed by an
agent must be accompanied by a certified copy of such agent's authority to act. Surety
companies must be duly licensed or authorized in the jurisdiction in which the Project is
located to issue bonds for the limits so required. Form must be satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and amount satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
Bob Murray & Associates
Page 6
5-11
Two-Party Agreement
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this agreement. The City shall
permit access to its office facilities, files and records by Consultant throughout the term
of the agreement. In addition thereto, City agrees to provide the information, data,
items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant according to the terms
and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
there under is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
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3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all
executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of
this Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the time specified for the completion of the respective work assignment
or Deliverable, the consultant shall pay to the City, or have withheld from monies due,
the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated
Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted for
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attorney.
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8. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or participate in making or in any way attempt to use Consultant's
position to influence a governmental decision in which Consultant knows or has reason
to know Consultant has a financial interest other than the compensation promised by
this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and
inventory of Consultant's economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has determined that
Consultant does not, to the best of Consultant's knowledge, have an economic interest
which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's which may
result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any property
within 2 radial miles from the exterior boundaries of any property which may be the
subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward or gain has been
made to Consultant or Consultant Associates in connection with Consultant's
performance of this Agreement. Consultant promises to advise City of any such
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promise that may be made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) arising out of or alleged by
third parties to be the result of the negligent acts, errors or omissions or the willful
misconduct of the Consultant, and Consultant's employees, subcontractors or other
persons, agencies or firms for whom Consultant is legally responsible in connection with
the execution of the work covered by this Agreement, except only for those claims,
damages, liability, costs and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) except for those claims
arising from the negligence or willful misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees
and liability incurred by the City, its officers, agents or employees in defending against
such claims, whether the same proceed to judgment or not. Consultant's obligations
under this Section shall not be limited by any prior or subsequent declaration by the
Consultant. Consultant's obligations under this Section shall survive the termination of
this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects and
engineers), the following indemnification provisions should be utilized:
1. Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs,
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losses, attorney fees, or payments for injury to any person or property caused or
claimed to be caused by the acts or omissions of the Consultant, or Consultant's
employees, agents, and officers, arising out of any services performed involving this
project, except liability for Professional Services covered under Section X.2, the
Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents,
officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent
acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify,
protect and hold harmless shall not include any claims or liabilities arising from the sole
negligence or sole willful misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's obligation and duties under
Section Exhibit A to this Agreement.
2. Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this
Project, the Consultant agrees to indemnify, defend and hold harmless the City, its
agents, officers and employees from and against any and all liability, claims, costs, and
damages, including but not limited to, attorneys fees, losses or payments for injury to
any person or property, caused directly or indirectly from the negligent acts, errors or
omissions of the Consultant or Consultant's employees; agents or officers; provided,
however, that the Consultant's duty to indemnify shall not include any claims or liability
arising from the negligence or willful misconduct of the City, its agents, officers and
employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of
such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by Consultant shall, at
the option of the City, become the property of the City, and Consultant shall be entitled
to receive just and equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective date of Notice of Termination,
not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissions in the performance of work under this Agreement has
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resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit City's rights under
other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination. In that
event, all finished and unfinished documents and other materials described hereinabove
shall, at the option of the City, become City's sole and exclusive property. If the
Agreement is terminated by City as provided in this paragraph, Consultant shall be
entitled to receive just and equitable compensation for any satisfactory work completed
on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined -Services
identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as
"Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
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Consultant's work products. Consultant and any of the Consultant's agents, employees
or representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed to be an employee of City, and none of them shall
be entitled to any benefits to which City employees are entitled including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or federal income tax, social
security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant
shall include, or cause the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed
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real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
[end of page. next page is signature page.]
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Signature Page
to
Agreement between City of Chula Vista and Bob Murray & Associates
for Executive Search and Recruiting Services for
City Manager of the City of Chula Vista
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated:
,2006
City of Chula Vista
by:
Stephen Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
,2006
Bob Murray & Associates
By:
Bob Murray
President, Owner, and Principal
Exhibit List to Agreement
(X) Exhibit A.
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Two-Party Agreement
Exhibit A
to
Agreement between
City of Chula Vista
and
Bob Murray & Associates
1. Effective Date of Agreement: July 19, 2006
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of
the State of California
( ) Industrial Development Authority of the City of Chula Vista, a
()
Othe r:
business form]
, a [insert
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Bob Murray & Associates
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1677 Eureka Road, Suite 202
Roseville, CA 95661
Voice Phone (916) 784-9080
Fax Phone (916) 784-1985
7. General Duties: Conduct an executive search to find quality candidates from which
to select the new City Manager of the City of Chula Vista.
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8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Step 1.
Developing the Candidate Profile
Consultant will meet with City Council and/or staff to determine:
a. Expectations for a City Manager of the City of Chula Vista;
b. Values and culture of the organization, as well as understanding
the current issues, challenges and opportunities;
c. Expectations regarding knowledge, skills and abilities sought in the
ideal candidate;
d. Expectations regarding compensation and other items necessary to
complete the successful appointment of the ideal candidate.
Step 2.
Advertising Campaign and Recruitment Brochure
Consultant will:
a. Design an effective advertising campaign appropriate for the City
Manager recruitment; .
b. Develop a professional recruitment brochure discussing the
community, organization, position and compensation in detail;
c. Mail the profile to an extensive audience.
Step 3.
Recruiting Candidates
Consultant will cross-reference the profile of the ideal candidate with
consultant's database and contacts in the field and conduct an aggressive
outreach effect, including personal calls to prospective applicants.
Step 4.
Screening Candidates
Consultant will screen resumes received using the criteria established in
the initial meetings with City Council and/or City staff n order to narrow the
field of candidates/
Step 5.
Personal Interviews
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Two-Party Agreement
Consultant will conduct personal interviews with the top 10- 12
candidates to determine which candidates have the greatest potential to
succeed in the organization and assessment of his/her knowledge, skills,
and abilities. Consultant interviews will include:
a. Exploration of each candidates' background and experience as it
relates to the City Manager;
b. Candidates' motivation for applying for the position;
c. Establishing likelihood of the candidates' acceptance of the position
if an offer of employment is made.
Step 6.
Detailed Reference Checks
Consultant will:
a. Conduct detailed, confidential reference checks with candidates'
supervisors, subordinates, peers and other individuals who have
insight into a candidates' abilities, but who may not be on his/her
preferred list of contacts for the past several years to obtain an
accurate and honest appraisal of the candidates' strengths,
weaknesses, work and management style;
b. Conduct a review of published articles for each candidate and
various sources will be consulted including Lexis-Nexis TM, a
newspaper search engine;
c. Verify candidates' degrees.
Step 7.
Recommendation
Consultant will:
a. Prepare a detailed written report on each candidate focusing on the
results of candidates' interviews, reference checks, and newspaper
reviews;
b. Make specific recommendations on a limited number of candidates;
however, the final determination of those to be considered will be
the City of Chula Vista's responsibility.
Step 8.
Final Interviews
Consultant will:
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a. Work with the City to develop an interview process (i.e., traditional
interview, multiple interview panel, or assessment center process)
that objectively assesses the qualification of each candidate;
b. Provide suggested interview questions and rating forms and will
facilitate the interview/assessment center process;
c. Work closely with City staff to coordinate and schedule interviews
and candidate travel.
Step 9.
Background Checks
Based on final interviews, Consultant will conduct credit, criminal, civil
litigation and motor vehicle record checks for the top one to three
candidates, and any additional reference checks not completed because
of a candidate's need for confidentiality.
Step 10.
Negotiations
Consultant will represent the City of Chula Vista's interests and advise the
City regarding candidate's salary, benefits, and employment agreements
with the goal of putting together a deal resulting in the appointment of the
chosen candidate. In addition, consultant will advise the City regarding
current approaches to difficult issues such as housing and relocation.
Step 11.
Complete Administrative Assistance
Consultant will provide the City throughout the recruitment process with
updates on the status of the search and will handle all administrative
details on the City's behalf, including but not limited to:
a. Personal letters to candidates advising them of their status at each
critical point in the recruitment process;
b. Respond to candidate within 24 hours to inquiries as to the status
of their candidacy.
B. Budget and Timing
Professional Fee and Expenses
The consulting fee for conducting the City Manager recruitment on behalf of
the City of Chula Vista is $17,500 plus expenses. Services provided for the fee
consist of all steps outlined in this proposal including three (3) days of meetings on
site. The City of Chula Vista will be responsible for reimbursing expenses Bob
Murray & Associates incurs on your behalf. We estimate expenses for this project to
be $7,500. Reimbursable expenses include such items as the cost of travel, clerical
support, placement of ads, credit, criminal and civil checks, education verification, as
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ell as newspaper searches. In addition, postage, printing, photocopying, and
telephone charges will be allocated.
Timing
Bob Murray & Associates is prepared to begin the executive search either
before July 26 or after August 12, and anticipate that they will be prepared to make
recommendations regarding finalists within seventy five (75) to ninety (90) days from
the start of the search. They would like to make recommendations to the City
Council the week of November 13, schedule City Council interviews the week of
November 27, selection by December 15, for a start date after January 1, 2007.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable NO.1:
Deliverable NO.2:
Deliverable NO.3:
D. Date for completion of all Consultant services:
10. Materials Required to be Supplied by City to Consultant: None
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount: $17,500, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
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() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be returned to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
(X) 2. The consulting fee for conducting the executive search for the
City Manager of the City of Chula Vista is $17,500, plus expenses.
Services provided for the fee consist of all steps outlined in this
agreement, including three (3) days of meetings on site. The City
shall be billed monthly by Bob Murray & Associates for the work
completed as of that date.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by
Consultant as are separately identified below, City shall pay the fixed fee associated
with each phase of Services, in the amounts and at the times or milestones or
Deliverables set forth. Consultant shall not commence Services under any Phase, and
shall not be entitled to the compensation for a Phase, unless City shall have issued a
notice to proceed to Consultant as to said Phase.
Phase
Fee for Said Phase
1.
$
$
$
2.
3.
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() 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a
percentage of completion basis for each given phase such that, at
the end of each phase only the compensation for that phase has
been paid. Any payments made hereunder shall be considered as
interest free loans which must be returned to the City if the Phase is
not satisfactorily completed. If the Phase is satisfactorily
completed, the City shall receive credit against the compensation
due for that phase. The retention amount or percentage set forth in
Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a
phase shall be assessed in the sole and unfettered discretion by
the Contracts Administrator designated herein by the City, or such
other person as the City Manager shall designate, but only upon
such proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage of
completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert
this agreement to a time and materials basis of payment.
C. () Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City
shall pay Consultant for the productive hours of time spent by Consultant in the
performance of said Services, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount, Consultant
agrees that Consultant will perform all of the Defined Services herein
required of Consultant for $ including all Materials, and
other "reimbursables" ("Maximum Compensation").
(2) () Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials
equal to ("Authorization Limit"), Consultant shall not
be entitled to any additional compensation without further authorization
issued in writing and approved by the City. Nothing herein shall preclude
Consultant from providing additional Services at Consultant's own cost
and expense.
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Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
() Hourly rates may increase by 6% for services rendered after
[month], 19 ,if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance
of services herein required, City shall pay Consultant at the rates or amounts set forth
below:
() None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges,
not to exceed $
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
13. Contract Administrators:
City:
Marcia Raskin, Director of Human Resources
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Bob Murray & Associates
Page 23
5-28
Two-Party Agreement
Consultant:
Bob Murray
Bob Murray & Associates
1677 Eureka Road, Suite 202
Roseville, CA 95661
14. Liquidated Damages Rate:
( ) $ per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
( X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
() Category NO.1. Investments and sources of income.
() Category NO.2. Interests in real property.
() Category NO.3. Investments, interest in real property and sources
of income subject to the regulatory, permit or licensing authority of
the department.
() Category NO.4. Investments in business entities and sources of
income which engage in land development, construction or the
acquisition or sale of real property.
() Category NO.5. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the City of Chula Vista (Redevelopment Agency) to
provide services, supplies, materials, machinery or equipment.
() Category NO.6. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any:
Bob Murray & Associates
Page 24
5-29
Two-Party Agreement
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
None.
18 Bill Processing:
AD Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
BO Day of the Period for submission of Consultant's Billing:
( ) First of the Month
(X) 15th Day of each Month
( ) End of the Month
( ) Other:
CO City's Account Number:
19 Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
() Retention. If this space is checked, then notwithstanding other provisions
to the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the
following "Retention Percentage" or "Retention Amount" until the City
determines that the Retention Release Event, listed below, has occurred:
( ) Retention Percentage: %
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
H :\Attorney\2PTY14.doc
Bob Murray & Associates
Page 25
5-30
Two-Party Agreement
COUNCIL AGENDA STATE:MENT
Item ~
Meeting Date 7/18/06
ITEM TITLE:
Resolution Amending the FY 07 budget by appropriating $136,600
from the available balance of the Traffic Congestion Relief Fund to purchase
construction materials to complete street maintenance tasks by City crews
SUBMITTED BY:
Director of Public Works Operations R--
City Manager ~.fa, ft
(4/5 Vote: Yes--X- No~
REVIEWED BY:
The Public Works Operations Department recently discovered that asphalt prices for FY07 will be
increasing between 54% and 68% depending upon the type. Therefore, based on the department's
estimated usage, a budget adjustment is required to ensure Street Maintenance crews continue to
complete street related tasks, such as pothole patching and street reconstructions, throughout the
year.
BOARD/COMMISSION RECOMMENDATION: N/A
RECOMMENDATION: That Council adopt the Resolution amending the FY 07 budget by
appropriating $136,600 to the services and supplies category of the Traffic Congestion Relief Fund
from the available balance to purchase construction materials.
DISCUSSION:
Public Works Operations Department recently discovered that asphalt prices for FY07 will increase
between 54% and 68% depending upon the type. As a result, based on the department's asphalt
usage in FY06 (and assuming the same tonnage in FY07), the amount budgeted for construction
materials will need to increase by $86,399 just to cover price increases.
Furthermore, with the approval of the Public Works Operations Department's Strategic Business
Plan, which identified staff's need to complete more street reconstruction repairs, Council approved
the addition of an Asphalt Zipper. By utilizing an Asphalt Zipper, Street Maintenance crews will be
able to cOIlf1plete more street reconstructionjobs citywide. As a result, the department will need an
additional $50,129 (based on increased productivity), thereby requiring a total budget increase of
$136,528. Provided in Table A below, is the estimated asphalt usage (tons) by type, including cost
mcreases.
6-1
Page 2, Item (p
Meeting Date 6/13/06
Table A:
Increase for Construction Materials for FY07
FY06 FY07 %
Current New Price FY06
Type Price Price Per Ton Usage FY06
Asphalt Per Ton Per Ton Increase Tons Cost
3/8 Regular $37.00 $57.00 54.05% 500.00 18,500.00
Fine $41.00 $67.00 63.41% 514.00 21,074.00
Cold mix $42.00 $70.00 66.67% 270.00 11,340.00
3/4 Regular $37.00 $62.00 67.57% 2,219.00 82,103.00
3,503.00 $133,017.00
FY07 FY07 TOTAL
FY07 FY07 Estimated FY07 FY07 Estimated FY07
Estimated Estimated Budget Estimated Estimated Budget Estimated
Type Usage Cost Increase Usage Cost Increase Budget
Asphalt wlo Zipper w/o Zipper w/o Zipper with Zipper with Zipper with Zipper Increase
3/8 Regular 500.00 $28,500.00 10,000.00 625.00 $35,625.00 7,125.00 17,125.00
'Fine 514.00 $34,438.00 13,364.00 642.50 $43,047.50 8,609.50 21,973.50
Cold mix 270.00 $18,900.00 7,560.00 270.00 $18,900.00 0.00 7,560.00
3/4 Regular 2,219.00 $137,578.00 55,475.00 2,773.75 $171,972.50 34,394.50 89,869.50
3,503.00 $219,416.00 $86,399.00 4,311.25 $269,545.00 $50,129.00 $136,528.00
It is important to note that without a budget adjustment, Public Works Operations would need to
"cease" paving activities only a few months into FY07. Upon completion of the Pavement
Management Study and a review of other infrastructure maintenance needs, staff will return to
Council with recommendations to appropriate the remaining balance of the Traffic Congestion Relief
Fund to complete various capital improvement projects citywide.
FISCAL IMPACT:
For FY07, the total impact to the Traffic Congestion Relief Fund is $136,600 for the purchase
construction materials.
C:\Documents and Settings\robertb\My Documents\Bob\Al13 Construction Materials Budget FY07,doc
6-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VIST A AMENDING THE FY 07 BUDGET BY
APPROPRIATING $136,600 FROM THE AVAILABLE
BALANCE OF THE TRAFFIC CONGESTION RELIEF FUND
TO PURCHASE CONSTRUCTION MATERIALS TO
COMPLETE STREET MAINTENANCE TASKS BY CITY
CREWS
WHEREAS, Public Works Operations Department recently discovered that asphalt prices
for FY07 will increase between 54% and 68% depending upon the type; and
WHEREAS, as a result, based on the department's asphalt usage in FY06 (and assuming
the same tonnage in FY07), the amount budgeted for construction materials will need to increase
by $86,399 just to cover price increases; and
WHEREAS, furthermore, with the approval of the Public Works Operations
Department's Strategic Business Plan which identified staffs need to complete more street
reconstruction repairs, Council approved the addition of an Asphalt Zipper; and
WHEREAS, by utilizing an Asphalt Zipper, Street Maintenance crews will be able to
complete more street recOnstruction jobs citywide; and
WHEREAS, as a result, the department will need an additional $50,129 (based on
increased productivity), thereby requiring a total budget increase of $136,528; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista, does hereby amend the FY 07 budget by appropriating $136,600 from the available
balance of the Traffic Congestion Relief Fund to purchase construction materials to complete
street maintenance tasks by City crews.
Presented by
Approved as to form by
-~~ ;(\J'J\~,\,\~ ( ~\~).),\
Ann Moore
City Attorney
Dave Byers
Director of Public Works Operations
6-3
COUNCIL AGENDA STATE11ENT
..-,
Item: -v
Meeting Date: 7/18/2006
ITEM TITLE:
Resolution Awarding a purchasing agreement of$45,210 to Jenal
Engineering Corporation for the removal of three underground fuel
storage tanks at the John Lippitt Public Works Center
SUBMITTED BY:
Director o[Public Works Operations ~
~~
City Manager ~j" I (4/5 Vote: Yes_ No..xJ
REVIEWED BY:
The Public Works Center currently utilizes three underground storage tanks (USTs) to hold
unleaded and diesel fuel. Although no fuel has spilled, two of the tanks failed to pass a state-
mandated test to ensure the integrity of the outer wall. As a result, the San Diego County
Department of Public Health has directed the City of Chula Vista to remove these two non-
compliant USTs.
RECOMMENDATION: That the City Council award the purchasing agreement of$45,210 to
Jenal Engineering Corporation for the removal of three underground storage tanks.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
In May of2003, the 20,000-gallon UST at the John Lippitt Public Works Center (PWC) failed to
pass a state-mandated test ensuring the integrity of the outer shell. No fuel leaked into the
ground. In September of 2003, the fuel was removed and the tank was cleaned. The San Diego
County Department of Public Health (DEH) granted a permit for temporary closure, valid for
one year.
During the PWC construction, two existing USTs (this 20,000 gallon tank and a 10,000 gallon
tank) that were installed by SDG&E in 1987 were modified and reused. An additional 10,000-
gallon UST was also installed. At construction completion, all tanks passed the shell integrity
test. It was in a subsequent test, after six months of service, that the 20,000-gallon UST failed.
It was decided at that time to also close the other tank installed in 1987. The new tank that was
installed during the construction of the PWC passed the test and is still in service. However, it
will require extensive modifications if it were to remain in service. The fuel island urifeaded
dispensers would need to be replaced and the underground piping would need to be modified.
On June 4, 2004, Council approved Resolution 2004-203 establishing new Capital Improvement
Project No. GG187 for the replacement of two underground fuel storage tanks. However, staff
believes it is in the City's best interest to remove the three existing tanks and install two new
7-1
f'1
/
Page 2, Item 1-
Meeting Date 07/18/06
tanks, which will ensure current regulations are met through 2010. Specifications for the tank
installations and fuel island modifications are being developed and staff will return to Council
soon to award the contract for that work.
The DEH has directed that the tanks be removed by August 1,2006 or be fined $500 a day until
removed. Approval of this resolution will allow staff to meet the deadline prior to installing two
new tanks and completing modifications to the fuel island. Three bids were submitted for tanks
removal, and lenal Engineering was the apparent low bidder.
FISCAL IMPACT:
Sufficient funds are available in Capital Improvement Project GG-187 for this contract.
),
-
"
7-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VIST A AWARDING PURCHASING AGREEMENT OF
$45,210 TO JENAL ENGINEERING CORPORATION FOR
THE REMOVAL OF THREE UNDERGROUND FUEL
STORAGE TANKS AT THE JOHN LIPPITT PUBLIC WORKS
CENTER
WHEREAS, the Public Works Center currently utilizes three underground storage tanks
(USTs) to hold unleaded and diesel fuel; and
WHEREAS, in May 2003, the 20,000-gallon UST at the John Lippitt Public Works
Center (PWC) failed to pass a state-mandated test ensuring the integrity of the outer shell; and
WHEREAS, no fuel leaked into the ground; and
WHEREAS, as a result, the San Diego County Department of Public Health has directed
the City of Chula Vista to remove these two non-compliant USTs; and
WHEREAS, the San Diego County Department of Public Health (DEH) granted a permit
for temporary closure, valid for one year; and
WHEREAS, during the PWC Construction, two existing USTs (this 20,000 gallon tank
and a 10,000 gallon tank) that were installed by SDG&E in 1987 were modified and reused; and
WHEREAS, an additional 1 O,OOO-gallon UST was also installed; and
WHEREAS, at construction completion, all tanks pass the shell integrity test; and
WHEREAS, it was in a subsequent test, after six months of service, that the 20,000-
gallon UST failed; and
WHEREAS, it was decided at that time to close the other tank installed in 1987; and
WHEREAS, the new tank that was installed during the construction of the PWC passed
the test and is still in service; and
WHEREAS, this tank will require extensive modifications if it were to remain in service;
and
WHEREAS, the fuel island unleaded dispensers would need to be replaced and the
underground piping would need to be modified; and
WHEREAS, on hme 4, 2004, Council approved Resolution 2004-203 establishing new
Capital Improvement Project No. GG 187 for the replacement of two underground fuel storage
tanks; and
7-3
WHEREAS, staff believes it is in the City's best interest to remove the three existing
tanks and install two new tanks, which will ensure current regulations are met through 2010;
WHEREAS, specifications for the tank installations and fuel island modifications are
being developed and staff will return to Council soon to award the contract for that work; and
WHEREAS, the DEH has directed that the tanks be removed by August 1, 2006 or be
fined $500 a day until removed; and
WHEREAS, approval of this resolution will allow staff to meet the deadline prior to
installing two new tanks and completing modifications to the fuel island; and
WHEREAS, three bids were submitted for tanks removal, and Jenal Engineering was the
apparent low bidder.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista, does hereby award purchasing agreement of$45,210 to lenal Engineering Corporation for
the removal of three underground fuel storage tanks at the John Lippitt Public Works Center.
Presented by
Approved as to form by
~<N\~\\\~r~~k,
Ann Moore
City Attorney
Dave Byers
Director of Public Works Operations
;,
;,
7-4
COUNCIL AGENDA STATEMENT
Item g
Meeting Date 07/18/06
ITEM TITLE:
Resolution Authorizing the City Engineer to issue
Encroachment Permit No. PE-682 for the installation of a retaining
wall and fence along Eastlake Parkway. D
~L--b
Acting Director of Engineering ~
I . C' M PL~ -fe-,3T
ntenmlty anageif\/
SUBMITTED BY:
REVIEWED BY:
(4/SthS Vote: Yes _ No l)
On September 2005, the Design Review Committee (DRC) approved the Eastlake
Village Walk at the southern comer of Eastlake Parkway and Miller Drive that consists of
13.3 acres of commercial land. VWE, LLC, owners of the project, are proposing to
construct a retaining wall and a fence within City's right-of-way. The retaining wall was
approved by the DRC and will be maintained by VWE, LLC. Tonight's action is
pursuant to Section 12.28 of the Municipal Code
RECOMMENDATION: That Council approve the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
The Village Walk at Eastlake is located in the comer of Eastlake Parkway and Miller
Drive and is bounded by the future State Route 125 (SR-125). For location of the project,
refer to Exhibit "A".
With the construction of SR-125 and the overpass along Eastlake Parkway, a retaining
wall along Eastlake Parkway had to be constructed within City's right-of-way. (Per
Caltrans' Plans for SR-125, L-7, Segment 3C).
The owner of the site, VWE, LLC, will continue the construction of the wall 125 ft to the
east, along Eastlake Parkway, in addition to installing a safety fence (see Exhibit B). The
proposed retaining wall will be constructed per City of Chula Vista and Caltrans
Construction Standards, and will have a height ranging from 10.92 ft to 13.62 tt,
measured from top of wall to top of footing.
After the review of the application for encroachment permit and the corresponding
construction plans, staff is recommending the approval of the encroachment permit.
(...~....."
" .,~;
Page 2, Item ~
Meeting Date 07/18/06
This encroachment permit (Exhibit '"8") will include an indemnity clause holding the
City, its agents and employees hannless from any damage that might result from the
construction and maintenance of the retaining wall. In addition, the permit will contain
the necessary maintenance, removal and hold-harmless clauses. VWE, LLC has also
added provisions in their CC&Rs ensuring the maintenance of the retaining wall.
According to Section 12.28.020 of the Chula Vista Municipal Code, a Council resolution
must authorize the issuance of this encroachment permit, since the retaining wall exceeds
five feet in height.
FISCAL IMPACT: VWE, LLC has paid the required application fee for processing the
encroachment permit and has an account with the City that will cover the costs for City
inspection.
Attachment:
Exhibit "A":
Exhibit "B":
Location Plat
Encroachment Permit PE-682
J:\Engineer\AGENDA\CAS2006\07-l8-06\A113 for Encroachment Permit for Retaining Wal1.doc
, .
?/J~
07/13/2005 09:47
18585453009
SUDBERRY PROPERTIES
PAGE 02/04
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests; payments or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g.., owner, applicant, contractor, subcontractor, material supplier.
.--_~iW~J
~, ",
2- If any person * identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals wi1h a $2000 investment in the business (corporation / partnership) entity.
~1 ~1k.cLJ
3, If any person* identified pursuant to (1) above is a non-profit organization or trust, list the name5
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of tlf~ tru,st. I
'5ec ~
4. Please identify every person, including any agents, employees, consultants~ or independent
contractors you have asted to ~esent you before the City in this ID.atter.
F-J.fp.Il~ [;, 6J.rt~ Ju'k, f'(. - ~ ~=:
I , -- r;, ~r , (h.t..('"'
-
5. Has any person* associated with this contract had any financial dealings with an official** oftP.e
City of Chula Vista a~ it relates to this contract with the past 12 months? Yes _ No.-L
fr3
07/13/2005 09:47
18585453009
SUDBERRV PROPERTIES
PAGE 03/04
City of Chula Vista Disclosure Statement
If yes, briefly describe the nature of the finaocial lnterest the official** may have in this contmct.
6. Have you made a cOlltri?utio~ of more :han $250 within the pasJ..twelve (12).months t~ a current
member of the Chula VIsta Crty CouncIl? No _ Yes ~ If yes, which Couned member?
\\~~~ ~~\''t ~~~\\(A) 3D~Y\ f1\(.Ca,,~ COJr0'~ ~)
7. Have you provided .l'n.ore than $340 (or an item of equivalent value) to an official*'" of the City of
Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes ~ No ~
If Yes, which offioial** an.d what was the nature of item provided?
Date: 14')O~
T. S lAd b~(''1
Print or type name of Contra tori Applicant
'"
Person .is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver syndicate, any other county, city
municipality, district, or other political subdivision, - or any other group of combination acting as a
unit.
It<
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of
a board~ cQmmission; or committee of the City, employee, or staff members.
t/tj
07/13/2005 0g:47
1858545300g
SUDBERRY PROPERTIES
PAGE 04/04
City ofCllula Vista Disclosure Statemeht
Attachment'
Item #1 - Financial Interest
Owner - VWE, LLC members:
Sudbeny Development. Inc.
Sudberry Investements, LP
Sudberry Family Trust
Sessa Family Trust
Evans 2004 Trust
Dianna L. Lawless
Anthony D. Gentry
K. James and Janice M. Flocke Trust
Stephen and Pamela G. Avoyer Trust
Michael J. and Kimberly M. Seiber Trust
Keith Family Trust
Contractor - Jaynes Corporation
Item #2 - individuals of corporations in #1 above
Sudberry Development, Inc. individuals:
CC Sudberry Family Trust (Colton T. Sudberry & Cynthia J. Sudberry trnstees)
Sudberry Family Trust
Sudberry Investments; LP individual:
I
CohooT. Sudberry
Item #3 - names of ttustees of trust in #1 above
Sudberry Family Trust: Thomas W. Sudberry, Jr. & Jane E. Sudberry
Sessa Family Trust: Marco A. Sessa & Chelsea M. Sessa
Evans 2004 Trust: David E. Evans & Christine E. Evans
K. James and Janice M. Flocke Trust: K. James Flockc & Janice M. Flacke
Stephen and Pamela G. Avoyer Trust: Stephen E. Avoyer & Pamela G. Avoyer
Michael J. and Kimberly M. Seiber Trust: Michael J. Seiber & Kimberly M. Seiber
Keith Family Trust: Stewart R. Keith & Ceri S. Keith
r/5
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1-&
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE
CITY ENGINEER TO ISSUE ENCROACHMENT
PERMIT NO. PE-682 FOR THE INSTALLATION OF
A RETAINING WALL AND FENCE ALONG
EASTLAKE.P ARKW A Y
WHEREAS, VWE, LLC, owners of the Village Walk at Eastlake, located at the
corner of Eastlake Parkway and Miller Drive, are proposing to construct a retaining wall
and a fence within City's right-of-way; and,
WHEREAS, with the construction of SR-125 and the overpass along Eastlake
Parkway, a retaining wall along Eastlake Parkway had to be constructed within City's
right-of-way; and,
WHEREAS, according to Section 12.28.020 of the Chula Vista Municipal Code,
a Council resolution must authorize the issuance of this encroachment permit, since the
retaining wall exceeds 5 ft in height.
NOW, THEREFORE, BE IT RESOLVBED, the City Council of the City of
Chula Vista does hereby authorize the issuance of Encroachment Permit PE-682 for
construction of the retaining wall and fence along Eastlake Parkway and within the City's
right-of-way.
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to record
this resolution and permit.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
H:\ENGINEER\RESOS\Resos2006\06-20-06\Reso for Encroachment Permit.doc
((,7
fI
v
.,-~-~--~~...__...._-_.
EXHIBIT 'B
Recording requested by and
please return to:
City Clerk
City ofChula Vista
P.O. Box 1087
Chula Vista, CA 91912
[X] :nus document benifiLY
permittee. Recording
fie required.
(This space for Recorder's use, only)
Affects Assessor's Parcel No(s) 595-071-04-00, 595-071-05-00,
595-071-06-00,595-071-07-00,595-071-08-00 & 595-071-09-00
C.V. File No. 0710-40-PE-682
AUTHORIZATION FOR ENCROACHMENT IN CITY RIGHT OF WAY
Permit No. PE-682
Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, permission is hereby granted by the City ofChula Vista
(hereinafter "City") to: VWE, LLC (hereinafter "Permittee") whose mailing address is 5465 Morehouse Drive, Suite 260
San Diego, CA. 92121-4714 to do work within a portion of City right-of-way.
All terms and conditions of this permit as to the Permittee shall be a burden upon Permittee's land and shall run with the
land. All conditions apply to Permittee and all hislher/their heirs, assigns, successors or transferees.
Whereas, the Permittee ~as requested the permission from City to encroach on said City's easement adjacent to and for
the direct benefit of the following described property:
,.
ADDRESS: SE comer of East lake Parkway and Miller Drive.
LEGAL DESCRIPTION: Real property in the City ofChula Vista, County of San Diego, State of California, described
as follows:
Parcell of Parcel Map No. 19993, in the City of Chula Vista, County of San Diego, State of California, filed in the
Office of the San Diego County as instrument no: 06-0331790 of Official Records on May 10, 2006.
PERMISSION IS HEREBY GRANTED to do the following work: The construction of a retaining wall and fence
along Eastlake Parkway. Refer to Exhibit "A" attached hereto and incorporated herein by this reference.
(hereinafter "Encroachment")
NOW, THEREFORE, in consideration of their mutual promises, and other good and valuable consideration, the parties
hereto agree as follows:
Permission is hereby granted Permittee for the above-mentioned Encroaclunent on the real property of City described
above in accordance with the following conditions:
I. Encroachment shall be installed and maintained in a safe and sanitary manner by Permittee as determined by
City. Permittee acknowledges that the maintenance, replacement, and/or reconstruction of the Encroachment
shall be the sole responsibility of the Permittee.
2. Encroachment shall, in no way interfere with the maintenance of or operation of existing water meters, CATV
and telephone pedestals, public storm drain and sewer lines. Any costs arising from changes of or to any facility
due to the Encroachment shall be the sole responsibility of Permittee and subject to placement of a lien on the
property if incurred by the City.
Page 1
y,~
3. Said installation shall confonn to all standards and specifications as stated in the Chula Vista Municipal Code.
4. Pennittee is to call Underground Service Alert (one call mark-out service) at 1-800-422-4133 aminimurn of two
working days prior to any excavation being done in the City's right-of-way.
5. For all above ground Encroachments that could logically be subject to graffiti or similar acts, Pennittee shall
apply an anti-graffiti material to the encroaching object ofa type and nature that is acceptable to the Director of
Public Works.
6. Permittee shall immediately remove any graffiti from the encroaching object.
7. City shall have the rightto remove graffiti or paint the encroaching object, the paint being provided and the cost
of labor paid by Permittee.
8. Permittee shall not allow Encroachment to block the existing course of surface drainage to the extent that it may
endanger the public or the surrounding properties or cause ponding of water.
This permit is revocable upon thirty (30) days written notice to the Permittee, and upon such notice, the installation must
be removed or relocated, as and when specified by the City, at Permittee's cost. lfPermittee fails to remove or relocate
Encroachment within the period allotted, the City may cause such work to be done and the cost thereof shall be imposed
as a lien upon Permittee's property.
Permittee shall defend, indemnify, protect, hold harmless and release the City, its elected and appointed officers and
employees, from and against all past, present or future claims for damages, liability, cost and expense (including without
limitation attorneys' fees) arising out of or in any way related to the encroachment or the conduct of the Permittee, or any
agent or employee, subcontractors, or others (including third parties) in connection with the execution of the work
covered by this agreement. Except only for those claims arising from the sole negligence or sole willful conduct of the
City, its officers, or employees. Permittee's indemnification shall include any and all costs, expenses, attorneys' fees and
liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same
proceed to judgment or not. Further, Permittee at its own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers, agents, or employees. Permittee's indemnification of City shall
not be limited by any prior or subsequent declaration by the Permittee.
Permittee hereby agrees to and shall release, hold harmless and defend City, it selective and appointive boards, officers,
agents and employees against any claim, and in any suit or proceeding, at law or in equity, for damages caused, or alleged
to have been caused, by actions taken or alleged to have been taken, or in anyway related to or arising from actions taken,
under this permit by Permittee directly or by hislher/their agent(s), contractor(s), or agents or employees of same.
Permittee further agrees to and shall indemnify and hold harmless City, its elective and appointive boards, officers, agents
and employees, as indemnities, for any claim, suit or proceeding submitted, brought or instituted against City as a result
of actions taken, or alleged to have been taken, or in anyway related to or arising from actions taken, under this permit,
including, but not limited to, any asserted liability for loss of or damage to property or for personal injury, including
death.
The undersigned Permittee hereby accepts the foregoing Encroachment pennit upon the terms and conditions stated
herein and agrees to comply with all stated terms and conditions and with all applicable laws, including any applicable
provision of the Chula Vista Municipal Code. It is further agreed that if any part of Permittee's Encroachment or
Permittee's rights under this Encroachment Permit should interfere with the future use of the City's right of way by the
general public, it must be removed or relocated at Permittee's expense and such right shall be terminated as and when
indicated by City.
In the event of a dispute arising as to the terms or interpretation of this permit, the City Engineer shall resolve said
dispute in his sole and unfettered discretion, reasonably applied.
Page 2
t-q
SIGNATURE PAGE
CITY OF CHULA VISTA:
Permit approved by:
Date:
Matthew T. Little
Acting City Engineer
(City ClerK to attach acknowledgment.)
//
Signature: ,/
Co . Sudberry, President
VWE, LLC.
Date: ~~. () :f . .lt7tJ(t;
(lVotary to attach acknowledgment /or each signature.)
(Corporate Authority required /or each SIgnatory, if applicable)
[JlEngineer\LANDDEV\Projects\Eastlake VCN\Village Walk @EastlakelEncroachment Permit_Retaining Wall @ Eastlake Pkwy.doc
Page 3
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ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On before me, Sibila Anguelova Hopper, Notary Public,
per ally appeared Colton T. Sudberry, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity and that by his signature on the instrument the person, or
the entity upon behalf of which the person acted, executed the instrument.
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FG
EXHIBIT "A"
SHEET 7 of 7
CITY
VI LLAG E
WALK
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10:::
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FG
TYPICAL SECTION
NO SCALE r / d
b*", '6
CITY COUNCIL
AGENDA STATEMENT
'-I
Item:
Meeting Date: 7/18/06
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN ENTRY PERMIT WITH SAN DIEGO GAS AND ELECTRIC [SDG&E] TO
ENTER ONTO SDG&E PROPERTY FOR USE AS PUBLIC PARKING AT NATURE CENTER
EVENT, AND AUTHORIZING THE MAYOR TO EXECUTE THE ENTRY PERMIT
SUBMITTED BY: Nature center,D;rectN
REVIEWED BY: City Manager Cf:/l if'~~
(4/5ths Vote: Yes_ No.X,)
On July 22, 2006, the Nature Center will open its newest exhibits. The parking lot normally used
for Nature Center visitors is expected to be insufficient to meet the demands of the weekend
events at the Nature Center. San Diego Gas and Electric [SDG&E] has offered the use of the
parcel immediately to the south of the current lot, but is requiring approval of a standard Entry
Permit.
RECOMMENDATION: That the City Council adopt the resolution approving the Entry Permit
with SDG&E for use of SDG&E's lot adjacent to the current Nature Center parking lot for use as
public parking at the Nature Center's events, specifically July 21, 2006 through July 23,2006 ,
and authorizing the Mayor to execute the entry permit.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
On July 22, 2006, the Nature Center will open its newest exhibits. The parking lot normally used
for Nature Center visitors is expected to be insufficient to meet the demands of the weekend
events at the Nature Center. SDG&E has offered the use of the unpaved parcel immediately to
the south of the current lot and has agreed to spread the mulch on it so it can be used for
vehicle parking during the hours the Nature Center is open. Prior to use, however, SDG&E
requires approval of an Entry Permit, covering the proposed use on July 21,2006 through July
23, 2006.
The Entry Permit includes a provision whereby the City assumes all risk of entry onto the
property, including the risk that the people parking on the property may be injured as a result of
negligence of SDG&E, or as a result of a defect in or on the property. The Entry Permit further
includes a provision whereby the City agrees to indemnify, save, and hold harmless anCl defend
SDG&E and its officers, agents, employees, and others from loss, costs, damages, expenses,
and attorneys' fees arising out of the City's presence on the property. It is a standard, form
agreement, required by SDG&E. The Entry Permit is for a limited period of time, specifically
July 21,2006 through July 23, 2006, and is appropriate given the need for public parking at the
Nature Center weekend events and the limited time set forth in the Entry Permit.
FISCAL IMPACT:
There is no fiscal impact created by this action.
9-1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AN ENTRY PERMIT
WITH SAN DIEGO GAS AND ELECTRIC [SDG&E] TO
ENTER ONTO SDG&E PROPERTY FOR USE AS
PUBLIC PARKING AT NATURE CENTER EVENT,
AND AUTHORIZING THE MA YOR TO EXECUTE
THE ENTRY PERMIT
WHEREAS, on July 22, 2006, the Nature Center will open its newest exhibits;
and
WHEREAS, the parking lot normally used for Nature Center visitors is expected
to be insufficient to meet the demands of the weekend events at the Nature Center; and
WHEREAS, San Diego Gas and Electric [SDG&E] has offered the use of the
parcel immediately adjacent to the south of the current lot, but requires an Entry Permit,
including an indemnification agreement, prior to use; and
WHEREAS, SDG&E has required the City to execute SDG&E's standard Entry
Permit, which includes indemnification provisions; and
WHEREAS, the Entry Permit is for a limited period of time, specifically July 21,
2006 through July 23, 2006.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista approves an Entry Permit with San Diego Gas and Electric [SDG&E] to
enter onto SDG&E property for use as public parking at a Nature Center event,
authorizes minor changes to the Entry Permit as required by SDG&E and approved by
the City Attorney, and authorizes the Mayor to execute the Entry Permit.
Presented by
Approved as to form by
Dan Beintema
Director of the Nature Center
c.~
~
. Ity Attorney
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
Ann Moore
City Attorney
Dated: 7 -- /3 - O~
AGREEMENT BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY
AND
THE CITY OF CHULA VISTA NATURE CENTER
FOR ENTRY PERMIT
. ;.
. ..
9.,...3
ENTRY PERMIT
San Diego Gas & Electric Company, a California corporation, ("Owner") hereby grants permission to the
City of Chula Vista and its agents, employees and invitees (collectively, the "Permittee") to enter upon
the Property as hereinafter defined for the Purpose given below, and on the terms and conditions set forth
below in this Entry Permit (this "Permit"):
PURPOSE
Permittee desires to enter Owner's property more commonly described as one parcel of land at the
southwest comer of Bay Boulevard and E Street, in the City ofChula Vista, at the entrance to the Nature
Center (the "Property), in order to store temporarily motor vehicle(s), material(s), machine(s), device(s),
tool(s) and equipment (collectively, the "Equipment") necessary for Permittee's performance of a certain
project for Owner, specifically described herein as Nature Center event overflow public parking (the
"Purpose").
TERMS AND CONDITIONS OF ENTRY
1.
Permittee may enter the Property for the
Purpose set forth above only.
Permittee may not bring onto the
Property, nor use the Property for
storing, even temporarily, anything
other than the Equipment currently
being used for the Purpose.
Furthermore, Permittee may not use the
Property for repairing, maintaining,
washing, or cleaning any Equipment.
All Equipment stored on the Property
must be in compliance with all
applicable local, state and federal laws
and regulations ("Applicable Law"),
including, but not limited to the
California Air Resources Board's
("CARB") statewide portable
equipment registration program, and
CARB's air toxics control measure for
portable diesel-fueled engines. To help
ensure such compliance with Applicable
Law, Permittee shall, upon Owner's
request, provide a list describing all of
the Equipment which it is storing on the
Property pursuant to this Permit. In the
event that the storage of Equipment on
the Property triggers certain rules or
requirements under Applicable Law,
including, but not limited to, the
preparation and submittal of a
91014
1
9-4
California Business Plan, or a spill
prevention, control and countermeasure
plan, then Permittee shall be fully
responsible for ensuring compliance
with these rules and requirements.
2.
Permittee shall use its best efforts to
minimize interference with any existing
use of the Property.
3.
The Permit shall be effective for a
period of three days commencing on or
about July 21,2006 and terminating on
or about July 23, 2006 (the "Term").
Notwithstanding the foregoing, this
Permit is expressly conditioned upon
the right of Owner to commence or
resume the use of the Property
whenever in the interest of its service to
its patrons or consumers it shall appear
necessary or desirable to do so, as
provided in General Order 69-C or any
revision thereof or amendment thereto,
issued by the California Public Utilities
Commission. : 1 ~
4.
Permittee shall, prior to the termination
of this Permit, restore the Property to
the same condition, or as nearly the
same condition as reasonably possible,
to that which existed immediately prior
to Permittee's entry. Accordingly,
Permittee shall conduct with Owner and
document an inspection of the Property
immediately prior to commencement of
this Permit, and another inspection of
the Property immediately after
termination of this Permit.
5.
Permittee shall comply with all
Applicable Law, which. includes all
safety, health and environmental laws
and regulations applicable to the
Purpose.
6.
PERMITTEE CERTIFIES THAT
PERMITTEE W AlVES ALL CLAIMS
WHICH PERMITTEE MIGHT HAVE
AGAINST Owner and its officers,
directors, agents, employees, affiliated
companies and contractors for injury,
accident, illness, property damage,
death or other occurrence arising in any
manner whatsoever out of Permittee's
presence on the Property.
Permittee expressly assumes all risks of
Permittee's entry onto the Property
including the risk that Permittee might
be injured as a result of the negligence
of Owner or its officers, directors,
agents, employees, affiliated companies
or contractors, or as a result of a defect
in or on the Property. Permittee agrees
to indemnify, save and hold harmless
and defend Owner and its officers,
directors, agents, employees, affiliated
companies and contractors from any and
all loss, costs, damages, expenses and
attorneys' fees arising out of Permittee's
presence on the Property, including
Permittee's failure to comply with any
Applicable Law, and Permittee's failure
to fully comply with the provisions of
this Permit (including, without
limitation, Provision 8 below).
Permittee's obligation to indemnify
Owner under this Permit shall not be
limited in any way by any limitation on
the amount or type of damages,
compensation or benefits payable by or
for Permittee under any statutory
91014
2
9-5
scheme, including, without limitation,
under any Worker's Compensation
Acts, Disability Benefits Acts or other
Employee Benefit Acts.
7.
Permittee shall, at its own cost and
expense, secure and maintain in effect
during the term of this Permit, insurance
coverages as described herein, in
amounts not less than the minimum
limits specified, to protect Owner and
Permittee from claims or liabilities in
any way arising out of Permittee's use of
the Property: (a) Workers'
Compensation Insurance and
Employer's Liability Insurance in
accordance with statutory requirements,
(b) commercial general liability
insurance in an amount not less than
$1,000,000.00 per occurrence for bodily
injury and/or property damage, and c)
automobile liability insurance on all
vehicles owned or operated by
Permittee with a combined single limit
per occurrence of not less than
$1,000,000. Such insurance shall name
Owner as an additional insured, shall
contain a severability of interest or cross
liability clause and shall be primary for
all purposes. Certificates of insurance
evidencing the coverages and provisions
required shall be furnished to Owner
prior to commencement of this Permit,
and shall provide that written notice be
given to Owner at least thirty (30) days
prior to cancellation or reduction of any
coverage. Permittee agrees, at the
request of Owner, to increase the limits
of insurance to meet the reasonable
limits then required by Owner.
8.
Permittee shall not place, use, make,
dump, spill, release, store or calisct to be . .
placed or used or made or dumped or
spilled or released or stored (whether
legal or illegal, accidental or
intentional) any fuel or other hazardous
or toxic material or waste, or any other
material or waste regulated by
Applicable Law, on the Property.
Permittee shall also not create nor cause
to exist on the Property any public or
private nuisance, or any other condition
that would present a risk of damage to
the Property, aswell as a risk of harm to
human health & safety, and the
environment. For purposes of this
Provision 8, the presence of fuel in the
fuel tanks, and the presence of oil in the
engine( s) of Permittee's motor vehicles
and other Equipment stored on the
Property, shall not be considered as
storing hazardous or toxic substances.
In the event that Permittee causes or
observes a spill or release on the
Property of fuel, or other hazardous or
toxic substance or waste, then Permittee
shall (a) take reasonable steps to stop or
contain said release, (b) report said
release pursuant to Applicable Law, and
(c) immediately notify Owner of the
release. including information such as
(i) the identification. nature and quantity
of the hazardous substance released: (ii)
any property damage as well as personal
iniurv or death sustained as a result of
the release. and (Hi) any communication
or interaction with the government or
other third parties as a result of or in
relation to the release. Owner reserves
the right to request from Permittee a
written report ofthe release.
9.
If either party files any action or brings
any proceeding against the other party
arising from or related to this Permit,
the prevailing party shall be entitled to
recover from the other party, as an
element of its costs of suit and not as
damages, reasonable attorneys' fees,
costs and expenses incurred III the
action or proceeding, including any
appeal thereof. The "prevailing party"
within the meaning of this section shall
be the party who is entitled to recover
91014
3
9-6
its costs of suit for the proceeding,
whether or not the same proceeds to
final judgment.
10.
This Permit constitutes the entire
agreement between the parties in respect
of the subject matter contained herein
and supersedes any prior agreements,
promIses, negotiations or
representations in respect of the subject
matter contained herein. In the event of
any conflict between any term or
provision of this Permit and any term or
provision of any such prior agreement,
promise, negotiation or representation,
such term or provision of this Permit
shall control.
11.
If any term or provision of this Permit
shall, to any extent, be held invalid or
unenforceable, the remainder of this
Permit shall not be affected and shall
remain in full force and effect.
12.
A waiver or a breach of a covenant or
provision of this Permit shall not be
deemed a waiver of any other covenant
or prOVISIon III this Permit and no
waiver shall be valid unless in writing
and executed by the waiving party.
13.
This Permit shall be governed and
construed in accordance with the laws
of the State of California.
14.
Permittee may not assign or transfer its
right, duties or obligations under this
Permit without the prior written consent
of Owner. Any attempted assignment
without the prior written consent of
Owner shall be void.
15.
. -)., .
Owner reserves the nght to-revoke.
without cause this Permit, in whole or in
part, at anytime and in its sole and
absolute discretion.
Permittee has read this Permit, understands it, and agrees to be bound by its terms as of the date
set forth below.
PERMITTEE:
OWNER:
SAN DIEGO GAS & ELECTRIC
COMPANY
By:
By:
Title:
Title:
- ).
_). 7
91014
4
9-7
CITY COUNCIL
AGENDA STATEMENT
ITEM NO.:
MEETING DATE:
.7'
If.!
07/18/06
ITEM TITLE: REPORT FROM THE CHARTER REVIEW COMMISSION
REGARDING THE APPOINTMENT PROCESS FOR
UNANTICIPATED VACANCIES ON THE CITY COUNCIL
,
SUBMITTED BY: CITY ATTORNEY A
REVIEWED BY: CITY ATTORNEY Q\ '{'/"V
4/5THS VOTE: YES D NO ~
BACKGROUND
At the January 17, 2006 City Council meeting the Council referred a number of issues to the
Charter Review Commission ("CRC") regarding the process for filing unanticipated vacancies
on the City Council. These provisions are found in Article III of the City Charter (Attachment 1).
The Council indicated the CRC should review the following issues:
1. Should a vacancy be declared if the member is on active military duty or family
leave?
2. When should an unanticipated vacancy be filled by election or appointment?
a. Should there be a minimum amount of time remaining in a term before
an election or appointment should occur?
b. Should the Council have more/less than thirty days to make an
appointment?
3. Can an appointee be prohibited from running in the next election?
4. What procedures should be used for the application and interviewing process
when an appointment is to be made by the Council?
a. What information should be included in the application?
During the Council discussion some members expressed a preference that the CRC conclude
their work in time for the Council to consider an item to be placed upon the June 2006 balloL
The CRC has worked diligently over the past few months and is now bringing forward a s"eties of
recommendations for the Council to consider.
RECOMMENDATIONS
The Council accept the report.
10-1
PAGE 2, ITEM NO.:
MEETING DATE: 07/18/06
DISCUSSION
In the past twenty-five years, the Council has been called upon to appoint a councilmember five
times. The process used for each appointment has varied.
1981 Process - In 1981, the Council voted to take applications for one week. The application
consisted of the submission of a resume to the Clerk. Twenty-six applications were received and
a special council meeting was called to screen the applications. The Council took a series of
votes until there were eight candidates remaining. Council agreed upon six questions to be
provided to the applicants prior to the interview. The interviews were held one week later. At
that meeting, the Council took a series of votes until they carne to a unanimous decision.
1991 Process - In the meeting following Councilman Nader's election as Mayor, during Council
comments, there was a discussion regarding the process to fill the vacancy created by Nader's
election as Mayor. The Council voted to accept applications for a sixteen-day period. Interviews
were held ten days after the application period closed. After the interviews were held, the
Council voted in successive ballots until a candidate was selected.
1994 Process - There is no available record of how the process for this appointment was decided
upon. Applications were received and each Councilmember chose three applicants for
interviews. During the interviews, the applicants were to remain outside until after their
interview and each Councilmember was free to ask any questions.
1995 Process - The Council discussed the process during Councilmember comments and voted
to post the vacancy for a ten-day period. The Council held a special session the day following the
closing of the application period and decided to interview all who had applied. Each applicant
was given three minutes to speak to the Council. Interviews were scheduled for a meeting held
four days later. Each Councilmember submitted five names to the Clerk and each applicant
receiving two or more votes was invited back for an interview. At the beginning of the special
meeting held to conduct the interviews, the Council decided each applicant would be given
fifteen minutes. At the end of that meeting, the number of applicants had been reduced to six. A
special meeting was held the next week to interview the remaining six applicants. Again, each
applicant was given fifteen minutes to address the Council (a five-minute presentation and ten
minutes for questions).
2005 Process - Council held a special meeting to declare the vacancy on the Cooncil~
Applications were received for one week and then the City Council submitted to the City Clerk
the applicants that the member wanted to interview. The candidates that were selected by at least
two Councilmembers were interviewed by the City Council. The Council had a special meeting
to interview and select an appointee. The applications included a resume, information on
potential conflicts of interest, and one to two letters of recommendation.
10-2
PAGE 3, ITEM NO.:
MEETING DATE: 07118/06
CRC Review of Issues
The CRC met on January 24, February 27, March 27, April 24, and June 12 to review and
discuss the four questions/issues posed by the Council. A detailed discussion of each of the
issues is provided below.
Military and Family Leave
This first question regarding military and family leave is addressed by Section 303, which
addresses when a vacancy occurs. Pursuant to Section 303(A) if a member has four unexcused
absences from consecutive regular meetings of the Councilor is convicted of a felony or crime
of moral turpitude, or resigns, the office shall become vacant. The section contains a caveat that
permission of the Council shall be granted for any temporary illness of the requesting
Councilmember disabling him or her from attendance at such meeting.
Although Section 303 does not specifically address military or family leave the CRC decided it
was not necessary to make a change to the Charter as both military and family leave are
addressed by federal and state statutes which provide the desired protection.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides that a
person who performs service in a uniformed service shall not be denied initial employment,
reemployment, retention in employment, promotion or any benefit of employment by an
employer on the basis of that performance of service (38 U.S.c. 4311(a)). Charter Section
701(a)(1) identifies elective officers as employees within the Unclassified Service of the Civil
Service of the City. Therefore, a Councilmember is an employee and is covered by the
provisions of USERRA.
Additionally, pursuant to Military and Veterans Code section 1690, any elected officer of the
State who is called to serve with the armed forces of the United States has a right to return to and
to re-enter upon his office after the termination of his active service with the armed forces if the
term for which he is elected has not expired. Any vacancy created by such absence may be filled
by a temporary appointment, as provided by law, for a term not to extend beyond the time of the
return and re-entry to the office by the absent person or beyond the term for which he is elected
(Section 1692).
The CRC felt that these provisions were sufficient to protect the position of a Councilmember i1~
the case of military leave and that adding additional language to the Charter was unnecessary.
As for family leave, the CRC felt that the existing Charter language, combined with protections
within the Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act
(CFRA) and Pregnancy Disability Act provided the desired protections. The FMLA and the
CFRA provide an employee with twelve weeks leave after the birth, adoption of placement of a
10-3
PAGE 4, ITEM NO.:
MEETING DATE: 07/18/06
child for foster care. Additionally, the Pregnancy Disability Act provides a woman with sixteen
weeks of leave prior to the birth of a child if the woman is disabled due to the pregnancy. All
three acts mandate the employee be returned to the same position, with the same salary and
benefits the employee was receiving before the leave.
Unanticipated Vacancy to be filled by election or appointment
The second question presented by Council was when should an unanticipated vacancy be filled
by election or appointment of more specifically: (1) should there be a minimum amount of time
remaining in a term before an election or appointment would occur; and (2) should the Council
have morelless than thirty days to make an appointment?
The Charter has a number of provisions regarding the declaring and filing of vacancies.
Currently, Section 303(A) addresses when a vacancy occurs and permission for absences;
Section 303(B) addresses anticipated vacancies; and Section 303(C) addresses unanticipated
vacancies. Section 303(C) requires the Council to use its best efforts to fill a vacancy by
appointment within 30 days of the vacancy being declared. If at the time of the vacancy a
successor has already been elected but is not scheduled to be sworn in yet, then the
Councilmember-elect shall be appointed. When a successor has not been elected yet and the
Council fails to make an appointment within the thirty days, the Council shall call a special
election. Notwithstanding the requirement to call a special election, if after that election the term
would be nine months or less, the Council shall not call an election. In that case, the thirty-day
time frame is extended to try to appoint and if they reach an impasse, the seat shall remain
vacant.
After much discussion the CRC is recommending modifications to Section 303(C), which will
clarify the process and require an election to be held in certain circumstances. (Attachment 2)
The CRC recommends that if there is one year or less remaining in the term then the Council
shall make an appointment within 30 days. The CRC is recommending using the policy
discussed below to manage the appointment process. If the Council fails to make an
appointment within 30 days the ability to appoint will be terminated and the seat will remain
vacant until due to be filled at the next election.
The CRC is recommending that if a vacancy is declared with more than one year remaining in
the term, the Council shall call a special election. If no one receives a majority of the votes in
that special election then a run-off shall be held between the two candidates receiving the.htghes!
number of votes in the first special election. The proposed Charter provision provides greater
detail on the timing and process for the election.
10-4
PAGE 5, ITEM NO.:
MEETING DATE: 07/18/06
Prohibition on Appointed Councilmember Running at Next Election
Some members of the Council have expressed interest in prohibiting an appointed
Councilmember from running to fill the seat at its next regularly scheduled election. The City
Attorney's office opined that based on existing Charter language that would be an impermissible
restriction to place upon an applicant. Charter Section 300(D) states:
" . . . any person who is appointed by the Council to fill the
office of Councilor Mayor or elected in a special election for
the balance of a regular term of Mayor and/or Council for a
period of two (2) years or less may seek nomination and election
for two (2) full terms thereafter."
This language of the Charter creates a right for the appointee to serve two (2) full terms
following the appointment. To require an applicant to forego the opportunity to serve two
additional terms as a condition of appointment contradicts the Charter.
To address this concern the CRC recommends that language modifying section 300(d) be added
to the Charter to prohibit an appointed Councilmember from being eligible to run for office
within one-year from the termination of an appointed term. (Attachment 3)
Mechanics of the Appointment Process
The fourth issue raised relates to the mechanics of the actual appointment process. As described
above, each appointment process has been unique and there has been no Council policy in place
regarding an application process or the interviewing process. The CRC thought that it was
appropriate to have parameters in place to ensure a consistent and open process. This type of
detail seemed inappropriate for the City Charter so a draft policy has been prepared (Attachment
4). The CRC was mindful that it was beyond their jurisdiction to draft Council policy but felt that
a policy of this nature would be helpful in implementing the recommended changes to the
Charter previously discussed.
The proposed policy establishes procedures for the application and interviewing of potential
Councilmembers when an unanticipated vacancy occurs. In summary, the policy calls for:
1. Vacancy to be declared within 5 days of the event creating the vacancy.
2. Application period is open from 8 a.m. the next day for a ten period closing at T
ili -
p.m. on the 10 day.
3. Specific information is identified to be included in the application from any
candidate
4. City Clerk is to prepare a list of all applicants by 5 p.m. on the day the application
period closes
10-5
PAGE 6, ITEM NO.:
MEETING DATE: 07/18/06
5. City Clerk shall distribute by noon the next day to the Mayor and Council the
application packets.
6. A Council meeting shall be held within 5 days at which each applicant shall be
give 3 minutes to speak. Each Councilmember will then submit, in writing to the
City Clerk, up to 3 names to continue in the process. The Clerk will announce the
nominees and the name of the Councilmember making the nomination. Each
applicant receiving two or more votes will continue on in the process.
7. The Council will then continue meeting in open session or reconvene within 7
days.
8. Applicants continuing on will be given 30 minutes to address the Council.
9. Successive ballots will continue until a Councilmember is unanimously selected.
The CRC wanted to emphasize that Step 9 above requires a unanimous decision of the Council.
The CRC considered a provision calling for a simply majority but decided the appointment of a
new Councilmember should be unanimous. The attached policy provides this information with
greater detail.
CONCLUSION
The CRC has reviewed each of the issues identified by the Council and provided
recommendations. If the Council chooses to place any of the proposed items on the November
2006 ballot for consideration by the voters, those documents would need to brought back to the
Council no later than August 8, 2006. A schedule of key dates for the November election
utilizing August 1 as the date for action by the Council is attached hereto (Attachment 5).
FISCAL IMPACT
There is no fiscal impact with the acceptance of this report.
Attachment 1 Existing Article III of the City Charter
Attachment 2 Proposed Revisions to Charter Section 303(C)
Attachment 3 Proposed Revisions to Charter Section 300(D)
Attachment 4 Proposed Council Policy regarding Appointment Procedures
Attachment 5 Key Election Dates
~
"
10-6
ARTICLE III.
CITY COUNCIL.
Sec. 300.
Members, Eligibility and Terms.
A. There shall be a City Council of five members,
consisting of four Councilmembers and a Mayor, elected from the
Ci ty at large at the times and in the manner provided in this
Charter.
B. No person shall be eligible to hold office as members
of the City Council unless they are residents of the City of
Chula Vista, and at the time of their election or appointment,
qualified electors of the City or of territory annexed thereto.
C. The term of each member of the City Council shall be
for a nominal term of four years and shall commence on the first
Tuesday of December of the year of the election, and shall
continue until a successor qualifies. The term for the Mayoral
sea t and Council seats numbered one (1) and two (2) shall be
deemed to commence on every fourth anniversary of the first
Tuesday of December of 1990 and the term for Council seats
numbered three (3) and four (4) shall be deemed to commence on
every fourth anniversary of the first Tuesday of December 1988.
D. No person shall be eligible for nomination and election
to the office of City Councilmember or Mayor for more than two
(2 ) consecutive terms, and no person who has held a Council
office for a period of two (2) consecutive terms or the office of
Mayor for two (2) consecutive terms, may again seek nomination
and election to said offices of Councilor Mayor respectively
until a period of one (1) year from the termination of the second
term for Councilmember or Mayor has elapsed; provided, however,
that any person who is appointed by the Council to fill the
office of Councilor Mayor or elected in a special election for
the balance of a regular term of Mayor and/or Council for a
period of two (2) years or less may seek nomination and election
for two (2) full terms thereafter.
E. Each Council seat shall be numbered one (1) through
four (4) respectively. Persons seeking election to the City
Council shall at the time of filing nomination papers, select.&ne
of said seats as the Council position for which they seek
election.
10-7
Section 300 (continued)
F. Persons running for a Council office shall designate
one of the two numbered Council seats as memorialized by
resolution of the Chula Vista City Council on file in the office
of the City Clerk. Should a vacancy occur at any time in a
Council seat or seats, if said vacancy is to be filled by a
special election as provided in Section 303 of the Charter,
candidates for said vacancy shall similarly designate the
appropriate numbered seat on their nominating paper.
G. Any person to be elected at a general municipal
election for any numbered Council seat one through four or the
office of Mayor for which nomination papers have been filed shall
be deemed elected upon receipt of a majority of the votes cast
for the particular seat or the office of Mayor at the election.
If no candidate at such general municipal election receives a
majority of the votes cast, there shall be a special runoff
election, to be held on the same date as the statewide election
date in November immediately following the general municipal
election (if no statewide election is conducted, then on the
first Tuesday after the first Monday of November of each even-
numbered year), between the two candidates receiving the highest
and second highest number of votes in the general municipal
election for said seat or the office of Mayor, in order to
determine the winner. By way of clarification, ties among the
candidates receiving the two highest number of votes at the
general municipal election shall be resolved by a special run-off
election.
H. Any person to be elected at a special municipal
election called to fill a vacancy pursuant to the provision of
Section 303 for any numbered Council seat one through four or the
office of Mayor, for which nomination papers have been filed,
shall be deemed elected upon receipt of a majority of the votes
cast for the particular seat or the office of Mayor at the
election. If no candidate at such special election receives a
majority of the votes cast, there shall be a special run-off
election to be held on a date set by Council as soon after such
special election as practical between the two candidates
receiving the highest and second highest number of votes in such
special election for said seat or the office of Mayor in order ~to -.
determine the winner who shall be seated upon certification of
the results of the election. By way of clarification, ties among
10-8
Section 300 (continued)
candidates receiving the two highest number of votes at such
special election shall be resolved by a special run-off election.
I. If one of the two eligible candidates dies on or before
the ninetieth day prior to the special run-off election, his or
her name shall not be placed on the ballot. The candidate
receiving the third highest number of votes in the general
municipal election for said seat or the office of Mayor shall be
offered by the City Clerk, the opportunity to be placed on the
ballot in lieu of the deceased. The City Clerk shall make the
offer in writing immediately upon notification of the death. The
candidate shall accept or reject in writing to the Clerk within
five calendar days of receipt of the Ci.ty Clerk's offer. If
accepted, the special run-off election between the remaining
candidate and the candidate receiving the third highest number
shall be held. If rejected, there shall be no run-off election,
and the remaining candidate shall be deemed elected as of the
date of such death.
J. Any person to be elected at a special run-off election
required under the provision of this section, shall be deemed
elected upon receipt of the highest nwnber of votes for the
particular seat or the office of Mayor and shall be seated upon
certification of the results of the election. Ties at such
special run-off election shall be resolved by lot.
Sec. 301.
Powers.
The City Council shall judge the qualifications of its
members as set forth by the Charter. It shall judge all election
returns. It may establish rules for the conduct of its
proceedings and evict or prosecute any member or other person for
disorderly conduct at any of its meetings. Each member of the
City Council shall have the power to administer oaths and
affirmations in any investigation or proceeding pending before
the City Council. The City Council shall have the power and
authority to compel the attendance of witnesses, to examine them
under oath and to compel the production of evidence before it.
Subpoenas may be issued in the name of the City and be attest.ed
by the City Clerk. Disobedience of such subpoenas, or the refusal
to testify (upon other than constitutional grounds), shall
10-9
Section 301 (continued)
consti tute an infraction and shall be punishable in the same
manner as violations of this Charter are punishable.
The City Council shall cause the City Clerk to keep a
correct record of all its proceedings and at the demand of any
member, or upon the adoption of any ordinance, resolution, or
order for the payment of money, the City Clerk shall call the
roll and shall cause the ayes and nayes taken on such question to
be entered in the minutes of the meeting.
Sec. 302.
Compensation for Councilmembers.
The four Councilmembers shall receive, as compensation for
their services, forty percent (40~) of the salary of the Mayor.
They shall receive reimbursement on order of the City Council for
Council-authorized travel and other expenses when on official
duty of the City. The City Council may also provide, by
resolution, for the payment, to Councilmembers of an allowance of
a sum certain per month to reimburse them for the additional
demands and expenses made upon and incurred by them in serving as
Councilmembers.
Sec. 303.
Vacancies.
A. When a Vacancy Occurs; Granting rermission for Absences.
If a member of the City Council is absent from four (4)
consecuti ve regular meetings of the City Council scheduled and
held, unless by permission of the City Council expressed in its
official minutes contemporaneously with such absences or sooner,
or is convicted of a felony or crime involving moral turpitude,
or submits a letter of resignation to the City Clerk, the office
shall become vacant as of the date of the last absence (in the
case of four unexcused, consecutive absences from regular City
Council meetings), the date of such conviction (in the case of
conviction of a felony or crime involving moral turpitude), or
the effective date of resignation as set forth in such letter of
resignation, as applicable. The permission of the Council shall
be grantea for any temporary illness of the requesting
- ;.
Councilmember disabling him or her from attendance at s~ch
meeting. The City Council shall declare the existence of any
vacancy or anticipated vacancy as soon as practicable.
Section 303 (continued)
B. Anticipated Vacancies with Intervening Consolidated
Elections; Duration of Elected Replacee's Term.
10-10
If (1) a vacancy is expected to occur in an office of any
member of the City Councilor Mayor because of either the
election of the current office holder to another seat on the
Councilor other office requiring the surrender of the City
office seat, and (2) if, between the time the expectation of
vacancy occurs (by final election results for the other election
contest having been announced) and the time the actual vacancy is
expected to occur, any other federal, state or local (non-City)
election involving all the electors of the City is scheduled to
be held at such a time that permits a special election to be
called and consolidated with such other federal, state or local
election, then (A) the City Council shall call and request
consolidation of such special election with such other election
or elections, and (8) the vacancy so expected to be created shall
be filled by such special election. A person elected in such
special election to fill a vacancy shall serve for the remainder
of the term of the office and until a successor qualifies.
C. Duty to Appoint; Duration of Appointed Replacee's Term; When
Special Election Required.
Except under the circumstances hereinabove provided in
paragraph 8, the City Council shall use its best efforts in good
faith to fill such vacancy by appointment within thirty days of
their declaration of the existence of the vacancy.
1. Mandatory Appointment of Elected Successor Required.
If, at the time the Council is called upon to declare the
existence of a vacancy, a successor to the seat has already
been determined by election, and the successor is awaiting
the seating date to commence her or his term of office, the
Council shall forthwith appoint such successor to the vacant
seat for the remaining term.
2. No Appointment Made; Duty to Call Special Election.
In the event Council shall fail to fill a vacancy by
appointment within thirty days after such office shall have
been so declared vacant, or sooner, if impasse is reached
),
10-11
Section 303 (continued)
sooner,
held to
at such
for the
seat.
it shall forthwith cause a special election to be
fill such vacancy. The successful candidate elected
a special election shall be entitled to hold office
remainder of the nominal terms of office for such
3. Appointment Made; Length of Service; Next Election.
In the event Council shall make such an appointment, such an
appointee office holder shall be entitled to hold office
until the next city election called for any reason including
but not limited to general municipal elections, general
municipal runoff elections, special elections otherwise
called, special runoff elections otherwise called (assuming
the Charter otherwise continues to require same), recall,
referendum or ini tiati ve elections, and until a successor
subsequently qualifies. In addition to such other matters
that may be placed on such ballot, at the call of such
subsequent election, the Council shall also place on the
ballot thereof, the office to which the appointee has been
appointed. Upon certification of the results of said special
election, the successful candidate for such office shall be
enti tIed to hold office, subj ect to the usual causes for
vacancy, for the remainder of. any unexpired nominal term of
said office, and until a successor qualifies.
4. Minimal Remaining Term.
Notwithstanding any other requirement herein to the contrary
for calling a special election to fill a vacancy, if, after
the election results would be determined and the successful
candidate seated, the remaining term of office would be nine
months or less, the Council shall not call such special
election. In such case, the Council shall comply with
Section 303 (C) (1) if a successor to the seat has already
been determined by election. Otherwise, the Councils power
to appoint within 30 days of declaration of vacancy is
hereby extended for the duration of such minimal remaining
term until filled. The Council shall use good faith and best,
efforts to reach agreement on such an appointment until they~
have declared an impasse, after which they may allow the
seat to remain vacant for the duration of such minimal
remaining term.
Sec. 304. Presiding Officer, Mayor.
(a) Mayor. There shall be elected at the general municipal
election a Mayor who shall hold office for a term of four years
and until a successor is elected and qualified.
10-12
(b) Duties. The Mayor sha'll be a member of the City Council
and shall perform all the functions and have all of the powers
and rights of a duly elected Councilmember. In addition to said
powers and duties, the Mayor shall have the power and duty:
(1) to report to the City Council annually and from time to
time on the affairs of the City and to recommend for
its consideration such matters as deemed expedient, and
(2) to be the official head of the City for all political
and ceremonial purposes and to be recognized by the
courts for the purpose of serving civil process, for
the signing of all legal instruments and documents, and
by the Governor for emergency purposes, and
(3) in the time of public danger or emergency, the
Mayor, wi th the consent of the Council, and for such
period as the council may fix, to take command of the
police, maintain order and enforce the law, and
(4) to assume the primary, but not the exclusive
responsibility, for interpreting to the people the
policies, programs and needs of the City government and
for informing the people of any major change in policy
or program. The Mayor may represent the City in any and
all matters involving other governmental agencies,
provided that no act, promise, commitment or agreement
entered into or committed by the Mayor shall be binding
upon the City of Chula Vista unless duly authorized or
ratified by the City Council, and
(5) to represent the City in all regional public agencies
which require an elected City official, unless
otherwise determined by the City Council, and
(6) to supervise the operation of the mayor/council office
and personnel assigned thereto, and
),
),
10-13
Section 304 (continued)
( 7)
to perform such other
as may be prescribed
the Mayor or imposed
if not inconsistent
Charter, and
duties consistent with the office
by this Charter or delegated to
on the Mayor by the City Council
with the provisions of this
(8) to exercise the full-time function as Mayor of the City
during the usual business hours that the offices of the
City are open, and such other hours and times as shall
be necessary to discharge in full the duties imposed
upon the Mayor.
(c) Compensation. The Mayor shall receive an annual salary
equivalent to 66% of the salary of a Judge of the Superior Court
of the State of California. The Mayor shall also receive
reimbursement on order of the Council for Council-authorized
travel and other expenses when on official duty out of the City.
The City Council may also provide, by resolution, for the payment
to the Mayor of an allowance of a sum certain per month, as
reimbursement for the additional demands and expenses made upon
and incurred by the Mayor.
(d) Mayor Pro Tempore. The City Council shall designate one
of its members as Mayor Pro Tempore, who shall serve in such
capaci ty at the pleasure of the City Council. The Mayor Pro
Tempore shall perform the duties of the Mayor during the Mayor's
absence or disability.
Sec. 305.
Prohibited Acts.
No member of the Council shall directly or indirectly, by
suggestion or otherwise, attempt to unduly influence the City
Manager or other officer appointed or confirmed by the Council in
their performance of duties.
The Mayor and the Councilmen are hereby individually and
collectively prohibited from performing any administrative or
executive functions except as same may be authorized by this
~
Charter or by ordinance of the City of Chula Vista.
Except for the purpose of inquiry, the Council and its
members shall deal with that part of the administrative service
10-14
Section 305 (continued)
for which the City Manager is responsible solely through the City
Manager.
A violation of the provisions of this section by any member
of the Council shall constitute misconduct for which the
offending member may be removed from office by the Council.
Regular Meetings.
Sec. 306.
The City Council shall hold regular meetings at least once
each month at such times as it shall fix by ordinance or
resolution and may adjourn or readjourn any regular meeting to a
date and hour certain which shall be specified in the order of
adjournment ~nd when so adjourned each adjourned meeting shall be
a regular meeting for all purposes. If the hour to which a
meeting is adjourned is not stated in the order of adjournment,
such meeting shall be held at the hour for holding regular
meetings. If at any time any regular meeting falls on a holiday,
such regular meeting shall be held on the next business day.
Sec 307.
Special Meetings. (Repealed 11-8-88)
Place of Meetings.
Sec. 308.
All meetings shall be held in the Council Chamber in the
Civic Center or such other appropriate conference room located in
the Civic Center and shall be clearly noticed and open to the
public. If, by reason of fire, flood or other emergency it shall
be unsafe to meet in the place designated, the meetings may be
held for the duration of the emergency at such place as is
designated by the Mayor, or, if the Mayor should fail to act, by
three members of the City Council.
It is further provided that any special meeting may be held
within any place suitable and desirable for public assembly
wi thin the City of Chula Vista or areas contiguous thereto to
facilitate the public participation in the business of the Cit1'
subject to the requirements of notice as provided in this Charter
and the laws of the State of California. Further, the City
Council may meet in joint session at an appropriately designated
official place of meeting with the governing body or bodies of
10-15
Section 308 (continued)
any other governmental agency in the County of San Diego, subject
to notification as required hereinabove.
At such special meeting called at the time and place and in
the manner provided herein, the City Council may not pass upon
any ordinance or resolution, or make any final decision on the
matters being discussed at said meeting except that final actions
may be taken at joint meetings with other governmental agencies
held at a regular place of meeting of such agency.
Quorum; Proceedings.
Sec. 309.
Three members of the City Council shall constitute a quorum
to do business but a less number may adjourn from time to time.
In the absence of all the members of the City Council from any
regular meeting, the City Clerk may declare the same adjourned to
a stated day and hour. Notice of a meeting adjourned by less than
a quorum or by the Clerk shall be given by the Clerk or may be
waived by consent in the same manner as specified in this Charter
for the giving or waiving of notice of special meetings of the
City Council but need not specify the matters to be acted upon.
Sec. 310.
Citizen Participation.
All
counsel,
Council,
affairs.
citizens shall have the right personally, or through
to present grievances at any regular meeting of the
or offer suggestions for the betterment of municipal
Sec. 311.
Adoption of Ordinances and Resolutions.
(a) Genera11y. With the sole exception of ordinances which
take effect upon adoption referred to in this article, no
ordinance shall be adopted by the City Council on the day of
introduction, nor wi thin five days thereafter, nor at any time
other than at a regular or adjourned regular meeting. At the ti~e
of adoption of an ordinance or resolution, it shall be read "in
full, unless after the reading of the title thereof, the further
reading thereof is waived by unanimous consent of the
Councilmembers present. In the event that any ordinance is
10-16
Section 311 (continued)
al tered after its introduction, the same shall not be finally
adopted except at a regular or adj ourned regular meeting, held
not less than five days after the date upon which such ordinance
was so altered. The correction of typographical or clerical
errors shall not constitute the making of an alteration within
the meaning of the foregoing sentence.
(b) For Payment of Money. A resolution or order for the
payment of money shall be adopted or made only at a regular or
adjourned regular meeting.
(c) Votes Required Execution and Attestation. Unless a
higher vote is required by other provisions of this Charter, the
affirmative votes of at least three members of the City Council
shall be required for the enactment of any ordinance or
resolution, or for the making or approving of any order for the
payment of money. All ordinances and resolutions shall be signed
by the Mayor and attested by the City Clerk.
(d) Emergency Ordinances. Any ordinance declared by the City
Council to be necessary as an emergency measure for preserving
the public peace, health, safety, and general welfare and
containing a statement of the reasons for its urgency, may be
introduced and adopted at one and the same meeting if passed by
at least four affirmative votes.
Sec. 312
Ordinances.
(a) Enactment of Ordinances. The enacting clause of all
ordinances adopted by the City Council shall be substantially as
follows "The City Council of the City of Chula Vista does ordain
as follows:"
(b) Publication of Ordinances. Wi thin 15 days after its
passage, the City Clerk shall cause each ordinance to be
published at least once in a newspaper of general circulation
published and circulated in the City, or if there is none, the
Clerk shall cause it to be posted in at least three public places
in the City or published in a newspaper of general circulation
printed and published in the county and circulated in the City.
Ordinances shall not be published in a newspaper if the charge
~xceeds the customary rate charged by the newspaper for
10-17
Section 312 (continued)
publication of private legal notices, but such ordinances shall
be posted in the manner and at the time required by this section.
The publication or posting of ordinances, as required above
may be satisfied by: (1) Publication of the full text of the
ordinance, or (2) A summary thereof prepared by the City Clerk,
and posting of a certified copy of the full text thereof in the
office of the City Clerk, or (3) A display advertisement in a
newspaper of general circulation in the City or if the City Clerk
determines it is not feasible to prepare a fair and adequate
summary of the ordinance, and if the City Council so orders. The
synopsis or advertisement shall indicate the general nature of,
and provide information about, the ordinance including
information sufficient to enable the public to obtain copies of
the complete text of such ordinance, as well as the names of
those City Council members voting for and against the ordinance.
(c) Codification of Ordinances. Any and all ordinances of
the City which have been enacted and published in the manner
required at the time of their adoption, and which have not been
repealed, may be compiled, consolidated, revised, indexed and
arranged as a comprehensive ordinance code, and such code may be
adopted by reference, with the same effect as an ordinance, by
the passage of an ordinance for such purpose. Ordinances so
codified shall be repealed as of the effective date of the code.
Other codes, including statutes or published compilations of
rules, regulations or standards adopted by the Federal or State
government or by any agency of either of them, or nationally
recognized or approved published compilations of proposed rules,
regulations or standards of any private organization or
institution may also be adopted by reference in accordance with
the provisions of this subsection. County ordinances or codes or
any parts thereof or amendments thereto may be similarly adopted
by reference.
Such code need not be published in the manner required for other
ordinances, but at least one copy thereof shall be filed in the
Office of the City Clerk after the adoption thereof for the use
and examination by the public. The City Clerk shall maintaiw a
reasonable supply of copies of such code available for purchase -
by the public at a price not to exceed its actual cost to the
Ci ty. Subsequent amendments to sections of the code shall be
enacted in the same manner as herein required for the amendment
10-18
Section 312 (continued)
of sections of ordinances generally. Copies of such codes in
published form, duly certified by the City Clerk, shall be
recei ved without further proof as prima facie evidence of the
provisions of such codes or public records in all courts and
administrative tribunals of this state.
(d) Effective Date of Ordinances. All ordinances shall take
effect thirty days after final passage except the following which
shall take effect upon adoption:
(1) An ordinance calling or otherwise relating to an
election;
(2) An improvement proceeding ordinance adopted under some
law or procedural ordinance;
(3) An ordinance declaring the amount of money necessary to
be raised by taxation, or fixing the rate of taxation,
or levying the annual tax upon property; or
(4) An emergency ordinance adopted in the manner provided
for in this article.
(e) Amendment of Ordinances. The amendment of any section or
sections of an ordinance may be accomplished solely by the
reenactment of such section or sections at length as amended.
Publishing of Legal Notices.
Sec. 313.
(a) Newspapers Generally. In the event that there is more
than one newspaper of general circulation published and
circulated in the City, the City Council annually, prior to the
beginning of each fiscal year, shall publish a notice inviting
bids and contract for the publication of all legal notices or
other matter required to be published in a newspaper of general
circulation published and circulated in said City, during the
ensuing fiscal year. In the event there is only one newspaper of
general circulation published in the City, then the City Counail
shall have the power to contract with such newspaper for. t'he
printing and publishing of such legal notices without being
required to advertise for bids therefor. The newspaper with which
any such contract is made shall be designated the official
10-19
Section 313 (continued)
newspaper for the publication of such notices or other matter for
the period of such contract.
(b) Rates. In no case shall the contract prices for such
publication exceed the customary rates charged by such newspaper
for the publication of legal notices of a private character.
(c) Posting. In the event there is no newspaper of general
circulation published and circulated in the City, then all legal
notices or other matter may be published by posting copies
thereof in at least three public places in the City.
(d) Defects. No defect or irregularity in proceedings taken
under this sections, or failure to designate an official
newspaper shall invalidate any publication where the same lS
otherwise in conformity with the Charter or law or ordinance.
A
A
10-20
Sec. 303. Vacancies.
A. When a Vacancy Occurs; Granting Permission for Absences.
If a member of the City Council is absent from four (4) consecutive regular
meetings of the City Council scheduled and held, unless by permission of the City
Council expressed in its official minutes contemporaneously with such absences or
sooner, or is convicted of a felony or crime involving moral turpitude, or submits a letter
of resignation to the City Clerk, the office shall become vacant as of the date of the last
absence (in the case of four unexcused, consecutive absences from regular City Council
meetings), the date of such conviction (in the case of conviction of a felony or crime
involving moral turpitude), or the effective date of resignation as set forth in such letter of
resignation, as applicable. The permission of the Council shall be granted for any
temporary illness of the requesting Councilmember disabling him or her from attendance
at such meeting. The City Council shall declare the existence of any vacancy or
anticipated vacancy as soon as practicable.
B. Anticipated Vacancies with Intervening Consolidated Elections; Duration of
Elected Replacee's Term.
If (1) a vacancy is expected to occur in an office of any member of the City
Councilor Mayor because of either the election of the current office holder to another
seat on the Councilor other office requiring the surrender of the City office seat, and (2)
if, between the time the expectation of vacancy occurs (by final election results for the
other election contest having been announced) and the time the actual vacancy is
expected to occur, any other federal, state or local (non-City) election involving all the
electors of the City is scheduled to be held at such a time that permits a special election to
be called and consolidated with such other federal, state or local election, then (A) the
City Council shall call and request consolidation of such special election with such other
election or elections, and (B) the vacancy so expected to be created shall be filled by such
special election. A person elected in such special election to fill a vacancy shall serve for
the remainder of the term of the office and until a successor qualifies.
C. Duty to .'\ppoint; Duration of f~ppointed Replacee's Term; \Vhen Special
Election Required.
Except under the circumstances hereinabo','e provided in paragraph B, the Ci,,,ty
Council shall use its best efforts in good faith to fill such vacancy by appointment within
thirty days of their declaration of the existence of the vacancy.
1. Mandatory f...ppointment of Elected Successor Required.
If, at the time the Council is called upon to declare the existence of a vacancy, a
successor to the seat has already been determined by election, and the successor is
10-21
awaiting the seating date to commence her or his term of office, the Council shall
forthwith appoint such successor to the vacant seat for the remaining term.
2. No .i\ppointment Made; Duty to Call Special Election.
In the e','ent Council shall fail to fill a vacancy by appointment ',vithin thirty days
after such office shall ha'le been so declared vacant, or sooner, if impasse is
reached sooner, it shall forthwith cause a special election to be held to fill such
vacancy. The successful candidate elected at such a special election shall be
entitled to hold office for the remainder of the nominal terms of office for such
seat,.
3. l,ppointment Made; Length of Service; N eKt Election.
In the event Council shall make such an appointment, such an appointee office
holder shall be entitled to hold office until the neKt city election called for any
reason including but not limited to general municipal elections, general municipal
runoff elections, special elections othenvise called, special runoff elections
othenvise called (assuming the Charter otherwise continues to require same),
recall, referendum or initiati'/e elections, and until a successor subsequently
qualifies. In addition to such other matters that may be placed on such ballot, at
the call of such subsequent election, the Council shall also place on the ballot
thereof, the office to which the appointee has been appointed. Upon certification
of the results of said special election, the successful candidate for such office shall
be entitled to hold office, subject to the usual causes for 'Iacancy, for the
remainder of. any uneKpired nominal term of said office, and until a successor
qualifies.
1. Minimal Remaining Term.
Notwithstanding any other requirement herein to the contrary for calling a special
election to fill a vacancy, if, after the election results 'lIould be determined and the
successful candidate seated, the remaining term of office would be nine months or
less, the Council shall not call such special election. In such case, the Council
shall comply with Section 303 (C) (1) if a successor to the seat has .already been
determined by election. Otherwise, the Councils pov;er to appoint within 30 days
of declaration of vacancy is hereby extended for the duration of such minimal
remaining term until filled. The Council shall use good faith and best efforts to
reach agreement on such an appointment until they have declared an imp~s~,
after which they may allow the seat to remain vacant for the duration of such
minimal remaining term.
C. Unanticipated Vacancies.
Except under the circumstances hereinabove provided in paragraph B, the City
Council shall fill such vacancy by election or appointment as set forth herein.
10-22
1. If a vacancv is declared by the Council with one (1) year or less remaining in the
term from the date of declaration, the Council shall within 30 days appoint a person to till
the vacant seat on the City Council.
In the event Council shall make such an appointment, such an appointee office
holder shall be entitled to hold office until a successor subsequently qualifies at the
expiration of the remaining Councilor Mayoral term..
If the Council is unable to make an appointment, the Council's power to appoint
within 30 days of declaration of vacancy is hereby terminated for the duration of such
minimal remaining term and the seat will remain vacant. The Council shall use good faith
and best efforts to reach agreement on such an appointment. If the Council is unable to
make an appointment during the allotted time. the Council's power to appoint is
terminated.
2. If a vacancy declared by the Council occurs with more than one (1 ) year
remaining in the term from the date of said declaration, the Council shall call a special
election to be held within ninety (90) days of the declaration ofllie vacancy, unless there
is a regular municipal or statewide election scheduled to be held within 180 days of the
declaration of the vacancy. If there is a regular municipal or statewide election scheduled
to be held within 180 days of the declaration of the vacancy, the Council may consolidate
the special election with that regular election.
a. If one candidate receives the maiority of votes cast for all candidates in the
special election, the candidate receiving the maiority of votes cast shall be
deemed to be and declared by the Council to be elected to the vacant
office.
b. If no candidate receives a maiority of votes cast in the special election, a
special run-off election shall be held within forty-nine (49) days of the
first special election, unless there is regular municipal or statewide
election scheduled to be held within ninety (90) days of the proposed
special run-off election date, at which time the City Council may
consolidate the special run-off election with that regular election. The two
(2) candidates receiving the highest number of votes cast for the vacant
seat in the first special election shall be the only candidates for the vacant
Council seat and the name of only those two (2) candidates shall be
printed on the ballot for that seat.
"
~
10-23
ARTICLE III
Sec. 300.
Members, Eligibility and Terns.
D. No person shall be eligible for nomination and election to the office of
City Councilmember or Mayor for more than two (2) consecutive terms, and no person
who has held a Council office for a period of two (2) consecutive terms or the office of
Mayor for two (2) consecutive terms, may again seek nomination and election to said
offices of Councilor Mayor respectively until a period of one (1) year from the
termination of the second term for Councilmember or Mayor has elapsed; provided,
however, that any person who is appointed by the Council to fill the office of Councilor
Mayor may not seek nomination and election to said offices of Councilor Mayor until a
period of one year from the termination of the appointed term has elapsed. Said appointee
shall be eligible to seek nomination and election for two (2) full terms thereafter. Any
person elected in a special election for the balance of a regular term of Mayor and/or
Council for a period of two (2) years or less may seek nomination and election for two
(2) full terms thereafter.
- j,
j,
10-24
f\PPOINTMENT AND INTERVIEW PROCEDURES
TO FILL UNANTICIPATED COUNCIL
VACANCIES
COUNCIL POLICY
CITYOFCHULA VISTA
POLICY
NUMBER
l06-01
EFFECTIVE
DATE
00-00-06
PAGE
ADOPTED BY: (Resolution No.)
AMENDED BY: Resolution No. (date of resolution)
IDA TED:
BACKGROUND
The City Charter provides that under certain circumstances the City Council may need
to fill an unanticipated vacancy on the City Council by appointing a member of the
public to serve as a Council member. There have been five instances in the last 25
years where the Council has been required to do this. On each of these occasions
different processes have been followed to accept applications and interview potential
Council members.
19R 1 Proc.e!':!': - The Council voted to take applications for one week. The application
consisted of the submission of a resume to the Clerk. Twenty-six applications were
received and a special council meeting was called to screen the applications. The
Council took a series of votes until there were eight candidates remaining. Council
agreed upon six questions to be provided to the applicants prior to the interview. The
interviews were held one week later. At that meeting, the Council took a series of votes
until they came to a unanimous decision.
1 991 Proce!':!': -The Council voted to accept applications for a sixteen-day period.
Interviews were held ten days after the application period closed. After the interviews
were held, the Council voted in successive ballots until a candidate was selected.
1 994 Proce!':s - There is no available record of how the process for this appointment
was decided upon. Applications were received and each Councilmember chose three
applicants for interviews. During the interviews, the applicants were to remain outside
until after their interview and each Councilmember was free to ask any questions.
~
- ...
199'; Process - The Council voted to post the vacancy for a ten-day period. The
Council gave each applicant three minutes to speak to the Council. Each
Councilmember submitted five names to the Clerk and each applicant receiving two or
more votes was invited back for an interview. At the meeting to interview the
remaining applicants, each applicant was given fifteen minutes. At the end of that
meeting, the number of applicants had been reduced to six. A special meeting was held
the next week to interview the remaining six applicants. Again, each applicant was
given fifteen minutes to address the Council (a five-minute presentation and ten
minutes for questions).
1n-?!:\
f\PPOINTMENT AND INTERVIEW PROCEDURES
rOFILL UNANTICIPATED COUNCIL
VACANCIES
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
106-01
EFFECTIVE
DATE
00-00-06
PAGE
ADOPTED BY: (Resolution No.)
AMENDED BY: Resolution No. (date of resolution)
IDATED:
200'; Process - Council held a special meeting to declare the vacancy on the Council. It
was decided that applications would be received for one week and the City Council
submit to the City Clerk the applicants that the member wanted to interview. The
candidates that were selected by at .least one other Councilmember would be
interviewed by the City Council. The Council had a special meeting to interview and
select an appointee. The applications were to include a resume, information on
potential conflicts of interest, and one to two letters of recommendation.
PURPOSE
Establish a policy and procedures for the application and interviewing of potential
Councilmembers when an unanticipated vacancy occurs on the Council.
POLICY
The City Council establishes the following policy and procedures for the application
and interviewing of applicants to fill an unanticipated vacancy on the City Council:
1. Upon the occurrence of an event creating a vacancy upon the Council where the
Council will attempt to appoint a Councilmember, the Council shall within five days of
the event creating the vacancy declare the seat vacant. This declaration shall occur at
the next regularly scheduled meeting, provided said meeting occurs within five days of
the vacancy creating event, or a special meeting called for this purpose.
2. The Council shall declare the application period open starting at 8:00 a.m. on the day
following the day the vacancy is declared. Said application period shall remain open
for ten days, closing at 3:00 p.m. on the tenth day. If the tenth day falls upon a w~ekeIl<i:
or legal holiday, the application submittal period shall remain open until noon on the
next business day.
3. The application for City Council shall include, but is not limited to, the following
information:
a. Application form
b. Resume
c. Form 700 or equivalent for purposes of determining potential conflict issues
d. Brief statement (no more 750 words) describing qualifications and why
interested in the position
1 n .?I=:
\PPOINTMENT AND INTERVIEW PROCEDURES
fO FILL UNANTICIPATED COUNCIL
IV ACANCIES
COUNCIL POLICY
CITYOFCHULA VISTA
POLICY
NUMBER
1 06-0 1
EFFECTIVE
DATE
00-00-06
PAGE
ADOPTED BY: (Resolution No.)
AMENDED BY: Resolution No. (date of resolution)
IDATED:
4. Upon closing of the application period, the City Clerk shall prepare a list of the names
of all applicants, which shall be made available to the public by 5 :00 p.m. on the day
the application period closes.
5. The City Clerk shall distribute by noon the next business day to the Mayor and Council
all complete application packets received by the filing deadline.
6. The Council shall schedule a council meeting within five days at which each applicant
shall have three minutes to speak in open session to the Council. At that meeting, each
Councilmember will then submit in writing up to three names to the City Clerk. The
City Clerk shall then announce the nominees and the names of the Councilmembers
who made the nomination. Each applicant receiving two or more votes will continue
in the process.
7. The Council may then continue meeting in open session or reconvene within seven
days to continue the interview process.
8. Those applicants receiving two or more votes will be given thirty minutes to address
the Council (ten minute presentation and twenty minutes for questions and answers).
9. The Council will then vote in successive public ballots until a candidate is
unanimously selected.
. ).
10-27
ATTACHMENT 5
Recommended Schedule for
Placing Measures on the November Ballot
August 1
Adoption of Resolutions placing the measure on the ballot
and requesting the services of the Registrar of Voters for
the election. (August 8 is the absolute deadline.)
August 9
City Clerk submits notice of election for the ballot measure
and notice of the deadline for arguments to newspapers for
publication on August 11.
August 11
Deadline for the Registrar to receive the Resolution
requesting the services of the Registrar for the election.
(The resolution must contain the ballot measure question.)
August 21
Deadline for the City Attorney to prepare an impartial
analysis of the measure (if so directed by the Council).
August 22-31
Public review period for City Attorney's impartial analysis
of the measure.
August 23
Deadline for the City Clerk to receive arguments .in favor of
and against the measure.
August 24 - Sept 5
Public review period for ballot arguments in favor of or
against the measure.
August 24
City Clerk trades the direct arguments with the author from
each side for preparation of rebuttals.
August 31
Deadline for City Clerk to receive rebuttals.
Sept 1 - Sept 11
Public review period for rebuttals.
The Registrar estimates that a measure on the November 2006 ballot would cost
about $22,000, assuming ballot text of 3-1/2 pages. The actual cost will be determined once the
Registrar has completed the election and spread costs among the various jurisdictions" with
offices or measures on that particular ballot.
Since 2007 is a non-election year, the Registrar estimates that a special election just
for Chula Vista would cost between $350,000 and $450,000.
10-28
CITY COUNCIL
AGENDA STATEMENT
ITEM NO.:
MEETING DATE:
H
;J r
07/18/06
ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 2 OF THE MUNICIPAL CODE TO ADD CHAPTER 2.72
REGULATING MUNICIPAL LOBBYISTS
SUBMITTED BY: CITY ATTORNEY,4J~
REVIEWED BY: CITY ATTORNEY ~'f'^
4/5THS VOTE: YES D NO ~
BACKGROUND
On May 23, 2006 Council placed on first reading a draft ordinance regulating municipal
lobbyists. Council then directed the ordinance be sent to the Board of Ethics for review prior to
the second reading. The second reading was to be considered within 60 days of the first reading.
RECOMMENDATION
The Council adopt the ordinance.
DISCUSSION
At the January 17, 2006 meeting it was suggested the City look at an ordinance requiring
registration of municipal lobbyists. The concern expressed was that at times Council members or
staff may meet with someone believing they are a member of the community only to learn at
some point during the meeting that they are representing another entity or person. To ensure the
Council members and staff were informed as to whom these people represented it was suggested
a lobbyist registration ordinance be considered. On May 2, 2006, the Council held a more
detailed discussion regarding this proposed ordinance.
._ J,J,
-
On May 23, 2006 the Council was presented with the attached draft ordinance. Council
placed the ordinance on for first reading, directed the ordinance be forwarded to the Board of
Ethics for review and be returned to the Council within 60 days for second reading. The Board of
Ethics considered the draft ordinance at the June 14,2006, and June 28, 2006 meetings. As a
result of that review and consideration the Board of Ethics recommended that the ordinance be
adopted. The Board also recommended that after some period of implementation the ordinance
11-1
PAGE 2, ITEM NO.:
MEETING DATE:
J J
07/18/06
be evaluated and potentially amended. The Board felt that when the ordinance was reviewed two
issues should be considered. Specifically:
1. Lobbyist should provide a list of gifts they have given to officials covered by the
ordinance and this should be publicly disclosed in some format.
2. There should be documentation of when a lobbyist collects campaign
contributions and delivers them to a candidate. This should be disclosed in some
format.
The gift limitations and disclosure requirements are currently contained in the Political Reform
Act and monitored and enforced by the Fair Political Practices Commission. Each
Councilmember and applicable City officials are required to file the Form 700 and disclose gifts
received and their value if over $50.
The City's Campaign Contribution Ordinance ("CCO") is silent on the issue of who actually
delivers campaign contributions to the elected official. The CCO regulates the amount and
timing of contributions to political candidates. The CCO limits contributions to $300 which may
be received no sooner than 11 months prior to the election. Additionally, it prohibits making
contributions in the name of another and contributions from organizations. The Board did
acknowledge that enforcement of a provision requiring documentation of who collects campaign
contributions would be difficult to monitor and enforce.
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Enviromnental Quality Act ("CEQA") and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
SectionI5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
FISCAL IMPACT
There is no fiscal impact associated with this action.
." . j
-
11-2
ORDINANCE NO. "nO~
tS)O~ \ \
AN ORDINANCE OF THE CITY _,as ~~(JLA VISTA
ADDING CHAPTER 2.72 ~.~~~- CHULA VISTA
MUNICIPAL CODES~c~ULATING MUNICIPAL
LOBBYISTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHULA VISTA:
SECTION I. That Chapter 2.72 of the Chula Vista Municipal Code is hereby amended to
add the following:
CHAPTER 2.72
CHULA VISTA MUNICIPAL LOBBYING
2.72.010 Title and Purpose
A. This Chapter shall be known as the Chula Vista Municipal Lobbying Ordinance.
B. Purpose and Goals. In enacting this Chapter, the City Council finds and
declares that lobbying, lobbyists and lobbying firms are more active in the daily
operations of government. It is the policy of this City to protect the integrity of the
electoral and legislative processes, and the best interests of the citizens of this
City are served by regulating the activities of lobbyists by requiring they disclose
their finances in order that improper influences will not be directed at public
officials. It is the purpose and intent of the City Council in enacting this Chapter:
1. To guarantee to the residents of the City that the City of Chula Vista (City)
continues the highest ethical work environment for the residents offhk
City and the City's elected officials and employees.
1
11-3
2. In the'~eirjt.of open and transparent government, to allow the public to
know and' b'etlet ~nd~r..stand the relationship between its officials, lobbyists
j. . .~...
and the lobbyist's clients'. -~, .....;....
. t' f-(.
.. . l...,
. .....,
3. To enhance public confidence and trust with respect to lobbyist activities
and City practices.
4. To ensure that the requirements of this Chapter and their implementation
are responsive to the goal of making it easy to do business with the City.
5. To establish a policy that sets clear standards of conduct.
6. To maintain the citizen's constitutional right to petition government for
redress of grievances and not to limit the public's access to their elected
officials.
7. To regulate through disclosure the activities of lobbyists without chilling
the free flow of information between stakeholders and City Officials.
2.72.020 Definitions
For purposes of this Chapter, the following definitions shall be applicable. Other terms
used in this Chapter shall have the meanings set forth in the California Political Reform
Act of 1974, as amended.
A. Activity Expense
. ;.
..!S ~-
"Activity Expense" means any payment made by a lobbyist to or directly benefiting
any City Official or City Official-Elect or member of such official or official-elect's
immediate family. Activity expenses include gifts, honoraria, consulting fees,
2
11-4
salaries and any other form of compensation, but do not include campaign
contributions.
B. At the Behest
"At the behest" means at the specific direction of, or at the personal request or
suggestion of, or with the express prior consent of, any elective City Official, City
Official-Elect or candidate for elective City office.
C. City Official
"City Official" includes the Mayor and Members of the City Council; members of
any board or commission of the City; Council or mayoral aides or staff; City
Attorney; Assistant City Attorneys; City Manager; Assistant City Managers;
Department Heads; and Assistant Department Heads.
D. City Official-Elect
"City Official-Elect" means a person who has been elected to a City office but has
not yet been sworn in to office.
E. Client
"Client" means a person who compensates a lobbyist for representation.
-j
3
11-5
F. Contact
"Contact" means any direct communication, whether orally, electronically or in
writing, including without limitation, communication through an agent, associate
or employee, for the purpose of influencing or attempting to influence legislative
or administrative action.
G. Compensated or Compensation
"Compensated or Compensation" means any economic consideration for
services rendered or to be rendered in the future, including, without limitation,
promises to perform or provide services, contractual arrangements, contingency
fees, success fees, bonuses or awards.
H. Gift
(1) The term "gift" means, except as provided in subdivision (2), any payment that
confers a personal benefit on the recipient, to the extent that consideration of
equal or greater value is not received and includes a rebate or discount in the
price of anything of value unless the rebate or discount is made in the regular
course of business to members of the public without regard to official status.
Any person, other than a defendant in a criminal action, who claims that a
payment is not a gift by reason of receipt of consideration, has the burden of
proving that the consideration received is of equal or greater value.
(2) The term "gift" does not include:
a. Informational material such as books, reports, pamphlets, calendars,:ot ~
periodicals. No payment for travel or reimbursement for any expenses shall
be deemed "informational materiaL"
4
11-6
b. Gifts which are not used and which, within 30 days after receipt, are either
returned to the donor or delivered to a nonprofit entity exempt from taxation
under Section 501 (c)(3) of the Internal Revenue Code without being
claimed as a charitable contribution for tax purposes.
c. Gifts from an individual's spouse, child, parent, grandparent, grandchild,
brother, sister, parent-in-law, sister-in-law, nephew, niece, aunt, uncle, or
first cousin or the spouse of any such person; provided that the gift from
any such person shall be considered a gift if the donor is acting as an agent
or intermediary for any person not covered by this paragraph.
d. Campaign contributions required to be reported under the Political Reform
Act, as amended.
e. Any devise or inheritance.
f. Personalized plaques and trophies with an individual value of less than two
hundred fifty dollars ($250).
H. Lobbving
"Lobbying" means influencing or attempting to influence a City Official or City
Official-Elect with regard to a City decision.
(1) "City decisions" means any decision, or recommendation as to a decision,
concerning any matter (other than the making of a ministerial decision), whether
legislative, administrative, or quasi-judicial, which is pending before or may be
submitted to the City Council or any City board, commission, committee or
officer.
(2)
"Influencing" means the purposeful communication, either directly or through
agents, for the purpose of promoting, supporting, modifying, opposing, causing
the delay or abandonment of conduct, or otherwise intentionally affecting lhp
official actions of a City Official or City Official-Elect, by any means, including,
but not limited to, providing or using persuasion, information, incentives,
statistics, studies or analyses.
5
11-7
(3) "Legislative action" means the drafting, introduction, consideration, modification,
enactment or defeat of any resolution, ordinance, amendment thereto, report,
nomination or other action of the Mayor, City Council, Redevelopment Agency of
the City, or City board or commission, or task force or any joint powers authority
of which the City is a party.
(4) "Administrative action" means the proposal, drafting, development,
consideration, advocacy, recommendation, adoption, amendment or approval of
any rule, regulation, agreement or contract, permit, license or hiring action.
I. Lobbyist
"Lobbyist", unless exempt under Section 2.72.030 means:
(1) Lobbyist (Contract). An individual who for economic consideration
engages in lobbying on behalf of one or more clients (acting individually or
through agents, associates, employees or contractors).
(2) In House Lobbyist:
a. An individual who is an officer or employee of an organization or
association which has a membership and for which the officer or
employee is compensated for purposes of advancing the goals or mission
of the umbrella organization or association, and who engages in lobbying
of City Officials or City Official-Elect on its behalf of the organization or
association; or
-} ,:.
b. An individual who is an owner of a business or employed by a business or
organization and who is compensated beyond reimbursement for their
reasonable travel, meals or incidental expenses for engaging specifically
in lobbying and whose duties as an employee include lobbying on behalf
6
11-8
of his or her employer and who engages in lobbying of City Officials or
City Official-Elect.
(3) Expenditure Lobbyist. A person who makes payments or incurs
expenditures of one thousand dollars ($1,000) or more during any
calendar year in connection with carrying out public relations, advertising
or similar activities with the intent of soliciting or urging, directly or
indirectly, other persons to communicate directly with any City Official in
order to attempt to influence a City decision or action. The one thousand
dollar ($1,000) threshold shall not include:
a. Compensation paid to contract lobbyists or employees for lobbying;
or
b. Dues payments, donations, or other economic consideration paid to
an organization, regardless of whether the dues payments,
donations or other economic consideration are used in whole or in
part to lobby.
J. Person
"Person" means any individual, business entity, trust, corporation, association,
committee, or any other organization or group of persons acting in concert.
2.72.030 Exceptions
The following persons are exempt from the requirements of this Chapter:
. l
A. A public official acting in his or her official capacity.
7
11-9
B. A person engaged solely in publication or broadcasting of news items, editorials,
or commentary which directly or indirectly urges governmental action.
C. A person hired by the City or Agency for work performed on behalf of the City or
Agency, or a person who prepares documents for approval by the City under the
California Environmental Quality Act of 1970, or a person who has been
specifically invited by the City Councilor Redevelopment Agency or any
committee thereof, or by any board or commission, or by any officer or employee
of the City or the Redevelopment Agency charged by law with the duty of
conducting a hearing or making a decision, for the purpose of giving testimony in
aid of the body or person extending the invitation.
D. A person who, without additional compensation and not as part of, or in the
ordinary course of his or her regular employment, appears to present the position
of an employer or organization such as a taxpayers' association or trade
association when that employer, association or organization has one or more of
its officers, employees or representatives already registered as a lobbyist under
the provisions of this Chapter.
E. A person who attempts to influence governmental action is limited to:
1. Publicly appearing at a public meeting, public hearing, or other official
proceeding open to the public; or
2.
Preparing, processing or submitting documents or writings in connection
with the governmental action for use at a public meeting, public hearing,
or other official proceeding open to the public.
:/
F. Any person whose sole activity includes one or more of the following:
1. To submit a bid on a competitively bid contract;
8
11-10
2. To submit a written response to a request for proposals or qualifications;
3. To participate in an oral interview for a request for proposals or
qualifications; or
4. To negotiate the terms of a contract or agreement with the City, once the
City has authorized either by action of the City Council, City Manager, or
voters, entering an agreement with that person, whether that person has
been selected pursuant to a bid, request for proposals or qualifications, or
by other means of selection recognized by law.
G. A person who meets with the City Attorney or Risk Manager regarding any claim
or litigation matter.
H. Uncompensated members or uncompensated members of the board of directors
of non-profit organizations.
\. Members of neighborhood associations or Project Area Committees.
J. Persons whose communications are solely related to:
1. The establishment, amendment, administration, implementation or
interpretation of a collective bargaining agreement or a memorandum of
agreement between the City and a recognized employee organization.
2.
Management decisions as to the working conditions of represented
~mployees that clearly relate to the terms of a collective bargaining
agreement or memorandum of agreement between the City and a .- i
recognized employee organization.
3. Proceedings before the City Civil Service Commission.
9
11-11
K. A member of the State Bar of California who is performing a service which
lawfully can be performed only by an attorney who is licensed to practice law in
California.
2.72.040 Re~istration with City Clerk
A. A lobbyist is required to register with the City Clerk no later than ten (10) days
after qualifying as a lobbyist as defined in this Chapter.
B. A lobbyist shall renew his or her registration by January 15 of each year unless
status as a lobbyist has terminated.
C. After initial registration, annual registration renewal shall not be required if a
declaration attesting to the termination of lobbying services within the City has
been filed with the City Clerk no later than January 15.
2.72.050 Required Re~istration Information
A. Any registration made pursuant to Section 2.72.20 shall be in writing, filed with
the City Clerk, signed by the registrant, or an authorized officer thereof, under
penalty of perjury.
B. The registration shall set forth the following information:
(1) Registrant's name.
(2) Registrant's business address.
:.1
(3) Name of the person, firm, corporation, or organization represented. If the
registrant is employed by a company or firm that itself has been retained by a
person, corporation, firm, or organization to obtain a City decision, to which
10
11-12
the registrant has been assigned, the registrant shall disclose the names of
both his immediate employer and the person, corporation, firm, or
organization that has retained his immediate employer.
(4) A list of the elective or appointed City offices that the registrant will attempt to
influence and a brief description of the item(s) of legislative or administrative
action the lobbyist is seeking to influence.
C. If the registrant is a corporation, it shall also include the names of the officers
and agent for service of process, if any.
D. Any business or organization registering under this Chapter shall also describe
the nature of its business or organization in sufficient detail to inform the reader
of the nature and purpose of the business.
2.72.060 Additional ReQuired Information and Disclosures
The initial lobbyist registration shall also contain the following information:
A. Campaign and officeholder contributions to an elected City Official or candidate
for City office made during the preceding calendar quarter.
B. Campaign and officeholder contributions made at the behest of an elected City
Official or candidate to any other elected public official or candidate for public
office during the preceding calendar quarter.
C. All independent expenditures made for or on behalf of a City Official or caqqidat~
for City office made during the preceding calendar quarter.
D. Fundraising activity for any City Official, candidate for elective City office or any
controlled committee of the elected City Official or candidate for City office or for
11
11-13
any political action committee, political party or candidate for elective office of a
governmental organization made at the behest of a City Official during the
preceding calendar quarter.
E. Donations to for profit or nonprofit organizations made at the behest of a City
Official or candidate for elective City office of any contribution or payment of
more than one thousand dollars ($1,000) in the aggregate made during the
preceding calendar quarter.
F. Payments received for services as a consultant or in any other capacity for
services rendered to any City Department or Redevelopment Agency, City
Official, or any City Official-Elect, their controlled committees or officeholder
committees.
G. Contacts made with City Officials or City Official-elect during the preceding
calendar quarter for the purpose of influencing or attempting to influence
legislative or administrative action. Contact information shall include a brief
description of the item(s) of legislative or administrative action the lobbyist is
seeking to influence and the number of contacts in the following ranges: (1),
(2-5), (6-10) or (11 or more).
H. Any activity expenses including but not limited to payments that directly benefit
any City Official, City Official-Elect or member of his or her immediate family or
domestic partner made during the preceding calendar quarter.
2.72.070 Quarterly Disclosure Reports
- ),).
A. For each calendar quarter following the quarter in which the lobbyist was
required to register, the lobbyist must file a quarterly report with the City Clerk not
later than fifteen (15) calendar days after the end of the qualifying quarter on
12
11-14
March 31, June 30, September 30 and December 31 whether or not any
lobbying activities have occurred during such period.
B. Each quarterly report shall contain the same information as required to be
disclosed in the initial registration, for those activities occurring in that quarter. If
a lobbyist has terminated all lobbying activities during such quarter, the lobbyist
may file a declaration of termination with the quarterly report. The final quarterly
report shall include disclosure of any lobbying activities during the quarter of
termination.
C. Each quarterly report for Lobbyists (Contract) shall indicate the total economic
compensation promised or received from each client listed during the reporting
period for lobbyist services in accordance with the following ranges: ($500-
$1,000), ($1,001 - $10,000), ($10,001 - $100,000), and (Over $100,000).
D. Quarterly reports shall be filed by April 15, July 15, October 15 and January 15
for the prior calendar quarter, and are delinquent thereafter.
E. Records pertaining to the registration and quarterly reports shall be preserved by
the lobbyist for inspection and audit by the City for a period of five (5) years from
the date of production.
2.72.080 Registration Fees
Persons subject to the registration requirements of this Chapter shall pay an annual
cost recoverable fee of two hundred fifty dollars ($250). Individuals within the same
business entity who qualify as lobbyists under the provisions of Section 2.72.020:aJe ~
each subject to this fee. The applicable registration fee is due at the time of registration
or registration renewal.
13
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2.72.090 Prohibitions
It shall be unlawful for any lobbyist to commit anyone of the following acts:
A. Engage in any activity on behalf of a client as a lobbyist or accept compensation
as a lobbyist unless such lobbyist is registered and has filed the information
required by this Chapter.
B. Intentionally deceive or attempt to deceive a City Official as to any material fact
which is pertinent to any pending or proposed legislative or administrative action.
C. Contact any public official in the name of any non-existent person or in the name
of any existing person, except with the consent of such existing person.
D. Represent, either directly or indirectly, orally or in writing that the lobbyist can
control or obtain the vote or action of any City Official.
E. Perform services for a client on a matter including any legislative action or
administrative action for a period of one (1) year after which the lobbyist had
performed services on such matter as a consultant for the City of Chula Vista or
Redevelopment Agency.
2.72.100 Compliance
A. The City Clerk shall oversee compliance with this Chapter.
2.72.110. SEVERABILITY.
c. ::
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Chapter, or the application thereof to any person, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Chapter or its application to
14
11-16
other persons. The City Council hereby declares that it would have adopted this
Chapter, and each section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that anyone or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions, or the application thereof to any
person, be declared invalid or unconstitutional.
2.72.120. ENFORCEMENT.
A. The City Attorney shall not investigate or prosecute alleged violations of this
Chapter, but shall defend the constitutionality and legality of this Chapter in
any civil proceeding in which the City or the City Council is a party.
B. Special counsel shall investigate or prosecute alleged violations of this
Chapter.
C. The City Attorney shall solicit proposals from attorneys in accordance with
Section 503 of the City Charter and Chapter 2.56 CVMC to act as special
counsel. The City Attorney may utilize the panel of attorneys appointed
pursuant to Section 2.52.170 for this purpose. The City Attorney may utilize
the funds appropriated pursuant to Section 2.52.170 (c) for this special
counsel.
D.
The City Attorney shall appoint a panel of no less than three attorneys to act
as special counsel. Said attorneys shall be compensated by the City and
shall serve as the enforcement authority for this Chapter. Should the
appointment of additional special counsel become necessary or appropriate,
the City Attorney shall appoint such additional special counsel as may be
required. A single member of the special counsel panel will be assigned to
each case. Assignments will be made on a rotating basis. _: i
E. Complaints of violation of this Chapter shall be submitted in writing, under
penalty of perjury, by a resident of the City to the City Clerk. Said complaint
shall state the full allegation of facts that would constitute a violation of the
15
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code. The complaint must be filed within 90 days of discovery of the alleged
violation.
F. The City Clerk shall forward the complaint to the randomly assigned special
counsel from the panel of attorneys appointed by the City Attorney within five
working days of receipt for a probable cause determination. If no probable
cause is determined to exist the complaint shall be dismissed summarily and
interested parties shall be notified in writing.
G. If probable cause is determined to exist, special counsel shall take further
investigatory and procedural steps necessary to resolve the matter.
H. Violations of this Chapter may be pursued either through a civil or criminal
action at the discretion of the special counsel. Special counsel may also
commence and prosecute any necessary administrative proceedings or civil
litigation to compel compliance with this Chapter. No enforcement or
prosecution or action of special counsel shall be subject to the review or
control of the City Attorney or City Council.
I. Special counsel may investigate and may institute legal action to prevent
further violations. The special counsel may decline to investigate if the
allegation is also a violation of state law and is the subject of a complaint filed
with the Fair Political Practices Commission.
J. Special counsel shall be immune to liability for enforcement of Chapter.
2.72.130. PENALTIES.
A. Any person who willfully violates any provision of this Chapter is guilty of a- j ,-
misdemeanor. Any person who willfully causes or solicits any other person to
violate any provisions of this Chapter, or who aids and abets any other person in
the violation of this Chapter shall be guilty of a misdemeanor. The City may also
seek injunctive relief and civil penalties up to five thousand dollars ($5000) for
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each violation or pursue any administrative remedy set forth in this municipal
code.
B. In addition to any other penalty or remedy available, if any person fails to file any
registration form or quarterly disclosure report required by this Chapter that
person shall be unable liable to the City in the amount of one hundred dollars
($100) per day after the deadline until the report is filed.
C. In determining the amount of liability, the court may take into account the
seriousness of the violation and the degree of culpability of the defendant. If a
judgment is entered, the funds recovered shall be deposited into the City's
general fund.
SECTION II: This ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Submitted by:
Approved as to form by
". ~,;, ~
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