HomeMy WebLinkAboutAgenda Packet 2006/01/17
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< lA VISTA
Stephen C Padi lIa, Mayor
Patricia L Chavez, Council member David D, Rowlands, )L, City Manager
John McCann, Councilmember Ann Moore, City Attorney
Jerry K Rindone, Council member Susan Bigelow, City Clerk
Steve Castaneda, Councilmember
January 17,2006
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, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. REGIONAL AIRPORT BRIEFING BY PAUL NIETO, AIRPORT COMMISSIONER,
ON LAND USE PLAN, NEW AIRPORT SITE SELECTION, AND LINDBERGH
MASTER PLAN
. PRESENTATION BY MICHAEL SCHUERMAN, DIRECTOR OF RESEARCH OF
THE SAN DIEGO REGIONAL ECONOMIC DEVELOPMENT CORPORATION, OF
A REPORT ON THE 2005 INDICATORS OF SUSTAINABLE COMPETITIVENESS:
A QUALITY OF LIFE INDEX FOR SAN DIEGO
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO
PURCHASING AGENT, JOHN COGGINS, WELCOMING THE CALIFORNIA
ASSOCIATION OF PUBLIC PURCHASING OFFICERS (CAPPO) TO SOUTHERN
CALIFORNIA FOR ITS ANNUAL EDUCATIONAL CONFERENCE AND VENDOR
EXPOSITION
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO JIE YANG,
DIRECTOR OF THE ORIENTAL CULTURE & MEDIA CENTER OF SOUTHERN
CALIFORNIA, SUPPORTING THE NEW TANG DYNASTY TV'S 2006 CHINESE
NEW YEAR GLOBAL GALA IN SAN DIEGO COUNTY, "MYTHS & LEGENDS"
CONSENT CALENDAR
(Items 1 through 10)
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion, unless a Councilmember, a member of the public, or City staff
requests that an item be removed for discussion. If you wish to speak on one of these
items, please fill out a "Request to Speak" form (available in the lobby) and submit it to
the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be
discussed immediately following the Consent Calendar.
1. APPROVAL OF MINUTES of December 13,2005.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter of resignation from Marco Polo Cortes, member of the Planning
Commission.
B. Letter of resignation from Rudy Ramirez, member of the Board of Ethics.
Staff recommendation: Council accept the resignations and direct the City Clerk
to post the vacancies in accordance with the Maddy Act.
3. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAPS
ESTABLISHED BY SECTION 19.18.010 OF THE MUNICIPAL CODE, REZONING
AN l1.46-ACRE PARCEL LOCATED ON THE EAST SIDE OF BRANDYWINE
A VENUE, EAST OF THE INTERSECTION OF MENDOCINO DRIVE AND
BRANDYWINE AVENUE, FROM THE R-1-10H (SINGLE FAMILY RESIDENTIAL,
HILLSIDE) ZONE, TO THE R-2-P (ONE AND TWO FAMILY RESIDENTIAL,
PRECISE PLAN) ZONE; AND ADOPTING PRECISE PLAN STANDARDS
(SECOND READING)
Adoption of the ordinance amends the Municipal Code to reclassify zoning for an 11.46-
acre lot, and adopts the Precise Plan Standards, establishing exceptions to the typical R-2
development standards such as the town home building type, a 35-foot/3-story height
limit, minimum building setbacks, maximum floor areas approximating the proposed unit
sizes, establishment of guest and handicapped parking standards, and a limitation of
density to 9.1 dwelling units per acre. This ordinance was introduced January 10, 2006.
(Director of Planning and Building)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE PURCHASE OF POLICE PURSUIT VEHICLES ON AN AS-
NEEDED BASIS FROM RACEWAY FORD, IN ACCORDANCE WITH TERMS AND
CONDITIONS OF A COOPERATIVE AGREEMENT WITH THE CITY OF SAN
DIEGO, FOR A PERIOD OF ONE YEAR; AND AUTHORIZING THE PURCHASING
AGENT TO RENEW THE AGREEMENT FOR FOUR ADDITIONAL, ONE-YEAR
PERIODS
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January 17, 2006
Adoption of the resolution approves the purchase of police vehicles on an as-needed
basis, in accordance with terms and conditions of a cooperative agreement with the City
of San Diego, for a period of one year. (Finance Director, Public Works Operations
Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SECOND AMENDMENT TO THE AGREEMENT WITH
SYSTEMS INTEGRATED, LLC, WHICH WILL INCREASE THE GUARANTEED
MAXIMUM PRICE (GMP) FOR THE PROVISION OF SERVICES REQUIRED TO
DESIGN AND CONSTRUCT THE SUPERVISORY CONTROL AND DATA
ACQUISITION (SCADA) SYSTEM THAT WILL PROVIDE AN ALARM SYSTEM
FOR CONTROLLING AND MONITORING SEWER COLLECTION AND PUMP
STATIONS THROUGHOUT THE CITY, AND AMEND THE SUBSTANTIAL AND
FINAL COMPLETION; AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT
The City Council previously approved a Design Build Agreement with Systems
Integrated, LLC, which established the Guaranteed Maximum Price (GMP) of $527,750.
The first amendment increased the contract time by 90 days. Due to additional locations
identified for the SCADA system, it is necessary to increase the GMP to cover expenses
for the additional work. (Public Works Operations Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A FUND TRANSFER AGREEMENT WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION TO RECEIVE
COMMUNITY-BASED TRANSPORTATION PLANNING GRANT FUNDS FOR
THE EASTERN UNIVERSITY DISTRICT TRANSIT PLAN PROJECT,
APPROPRIATING THE FUNDS THEREFOR, AND AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT (4/5THS VOTE REQUIRED)
The Eastern University District Plan will provide a conceptual transit-oriented plan for a
critical 2,000-acre section of the Otay Ranch community, with a rapid transit network
linking Otay Ranch's town centers, a university campus, a regional technology park and
other urban centers in the region. Adoption of the resolution approves a contract with the
State to receive grant funds for this project. (Planning and Building Director)
Staffrecornmendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AGREEMENT WITH ACCELA, INC. TO PURCHASE AND
IMPLEMENT THREE NEW PERMITS PLUS SYSTEM MODULES, WAIVING THE
FORMAL CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE
MAYOR TO SIGN THE AGREEMENT
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January 17, 2006
The Permits Plus System is used by the City's development departments to process
permit applications, and has been since 1991. Adoption of the resolution approves a
contract to purchase and implement three new modules of the system to enhance
customer service. (Planning and Building Director)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH RUDOLPH
AND SLETTEN, INC. TO INCORPORATE THE GUARANTEED MAXIMUM PRICE
FOR THE DESIGN AND CONSTRUCTION OF FIRE STATION NO.8,
AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT, AND
APPROPRIATING FUNDS THEREFOR FROM THE AVAILABLE BALANCE OF
THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND (4/5THS VOTE
REQUIRED)
The City Council previously approved a design build agreement with Rudolph and
Sletten, Inc. for the design and construction of Fire Station 8. The design build
agreement contained a not to exceed price of $2,811,640 with the Guaranteed Maximum
Price (GMP) to be set upon receipt of ninety percent construction drawings. The project
is nearing the end of the design phase and is set to enter the construction phase. Adoption
of the resolution approves the first amendment that will set the GMP at $6,276,913,
which includes design services and general conditions in the amount of $494,612.
(General Services Director, Fire Chief)
Staffrecommendation: Council adopt the resolution.
9 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING URBAN AREA SECURITY INITIATIVE GRANT PROGRAM FUNDS,
AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING UNANTICIPATED STATE HOMELAND SECURITY GRANT FUNDS
AND STATE EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDS,
APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING PURCHASING AGREEMENTS TO FISHER SAFETY SCIENTIFIC AS
MAYBE REQUIRED FOR SAFETY SUPPLIES AND EQUIPMENT
The City of Chula Vista was awarded several grant allocations from State and Federal
Homeland Security and Emergency Management Performance grants, totaling $538,552.
As stipulated by the grants, $230,216 will be spent on equipment, $179,122 will be spent
in training of first responders, $18,420 on community-based disaster planning programs,
$10,000 for improvements to the City's Disaster Plan and Emergency Operations
Centers, and $100,794 will be spent in planning and exercises for general disaster
preparedness and counter terrorism. (Fire Chief)
Staff recommendation: Council adopt the resolutions.
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10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING UNANTICIPATED GRANT FUNDS FROM THE SWEETWATER
UNION HIGH SCHOOL DISTRICT, AND AMENDING THE FISCAL YEAR
2005/2006 BUDGET TO APPROPRIATE THE FUNDS (4/5THS VOTE REQUIRED)
The Emergency Services Manager has been asked to provide assistance in coordinating
Citizens Emergency Response Training (CERT) and Standardized Emergency
Management System (SEMS) training for the Sweetwater Union High School District.
Additionally, equipment for the CERT program needs to be replenished periodically. A
total of $2,275 in grant funds received by the school district will be allocated to the Fire
Department for services and equipment to be rendered under the Emergency Crisis and
Response Grant. (Fire Chief)
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.
II. CONSIDERATION OF THE ADDITION OF A GRAPHIC DESIGNER TO THE
COMMUNICATIONS DEPARTMENT STAFF
The Office of Communications, with the assistance of the Recreation Department, is
. proposing to reallocate existing departmental funds to pay for the addition of a graphic
designer to the Communications staff. This individual will report to the City's Design
Specialist and assist that position in meeting the dramatic growth of the City's graphic
design needs. (Office of Communications)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE REALLOCATION AND APPROPRIATION OF FUNDS
TO ADD A GRAPHIC DESIGNER POSITION TO THE OFFICE OF
COMMUNICATIONS (4/5THS VOTE REQUIRED)
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12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE CITY OF
CHULA VISTA VARIABLE RATE DEMAND MULTIFAMILY HOUSING
REFUNDING REVENUE BONDS (TERESINA APARTMENTS), SERIES 2006A, IN
A COMBINED PRINCIPAL AMOUNT NOT TO EXCEED $40,000,000,
AUTHORIZING THE ISSUANCE OF SUCH REFUNDING BONDS AND OTHER
RELATED DOCUMENTS, AND APPROVING OTHER RELATED ACTIONS IN
CONNECTION WITH THE ISSUANCE OF THE REFUNDING BONDS
In 1998, the City issued Multiple Family Housing Revenue Bonds, in total aggregate
principal amount of $43,000,000 to finance a 440-unit Multiple Family housing project
known as Teresina Apartments. The project is currently owned by Eagle Lomas Verdes,
L.P., a Delaware limited partnership. The existing bonds are currently in the fixed rate
mode. The owner is looking to refund the bonds utilizing a variable rate mode. Adoption
of the resolution authorizes the issuance of not-to-exceed $40,000,000 in tax-exempt
bonds to refinance the projects and execute related documents. (Assistant City Manager
Smith/Community Development Director)
Staff recommendation: Council adopt the resolution.
13. REPORT REGARDING A PRE-ANNEXATION AGREEMENT WITH THE CITY OF
NATIONAL CITY TO REALIGN THE BOUNDARY BETWEEN THE TWO CITIES
AS THE SWEETWATER RIVER FLOOD CONTROL CHANNEL
The interweaving boundary across the Sweetwater River flood control channel and
Highway 54 creates jurisdictional confusion and sets up a situation where each City has
responsibility to provide health and safety services to areas that are more easily reachable
by the other jurisdiction. (Assistant City Manager Madigan)
Staff recommendation: Council direct the City Manager to negotiate a pre-annexation
agreement with the City of National City to realign the boundary between the two Cities.
14. REPORT REGARDING PERMANENT REGULATIONS TO REPLACE THE
URGENCY ORDINANCE PROHIBITING THE PERMITTING OR APPROVAL OF
ANY NEW, MODIFIED OR EXPANDED CHECK CASHIER OR CHECK CASHING
BUSINESS TO ASSURE CONSISTENCY WITH REVITALIZATION EFFORTS IN
WESTERN CHULA VISTA
The Council previously adopted Urgency Ordinance 300l-A and 3001-B, regarding fee-
based check cashing, deferred deposit and payday advance establishments. This report
addresses the policy issues surrounding the adoption of permanent regulations pertaining
to these types of businesses. (Planning and Building Director)
Staff recommendation: Council provide direction to staff regarding the preparation of a
draft ordinance.
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15. CONSIDERATION OF A REFERRAL TO THE CHARTER REVIEW COMMISSION
TO CONSIDER ALTERNATIVES TO THE EXISTING CHARTER PROVISION
GOVERNING THE PROCESS OF FILLING UNEXPECTED COUNCIL VACANCIES
With the unanticipated resignation of Councilmember Patty Davis, the Council was
placed in the position of attempting to fill that vacancy. During that process, it became
apparent that the existing Charter provisions may not address all of the concerns of the
Council and community. Adoption of the resolution refers the matter to the Charter
Review Commission and City Attorney to recommend specific amendments to Charter
Section 300 regarding the process to fill Council vacancies. (City Attorney, City Clerk)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
MAKING A REFERRAL TO THE CHARTER REVIEW COMMISSION TO
CONSIDER ALTERNATIVES TO THE EXISTING CHARTER PROVISIONS
GOVERNING THE PROCESS TO FILL UNEXPECTED COUNCIL
VACANCIES
OTHER BUSINESS
16. CITY MANAGER REPORTS
17. MA YOR'S REPORTS
18. 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).
19. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
. Two cases
20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
· In re: The Environmental Trust, Inc. (USBC # 05-02321-LAll)
ADJOURNMENT to an Adjourned Regular Meeting on January 19, 2006 at 6:00 p.m. in the
Council Chambers, and thence to the Regular Meeting of January 24,2006
at 6:00 p.m. in the Council Chambers.
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In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devicesfor the Deaf(TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
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MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
December 13, 2005
6:00 P.M.
A Regular Meeting of the City Council of the City of Chu\a Vista was called to order at 6:22
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda, McCann, Rindone, and Mayor
Padilla
ABSENT:
Councilmembers:
None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE
Guy Chambers, Board of Ethics
Michael German, Board of Ethics
Dr. Chris Searles, Board of Ethics
Jerome Sandoval, Child Care Commission
City Clerk Bigelow administered the oaths of office, and Deputy Mayor McCann presented each
with a certificate of appointment.
· INTRODUCTION BY GENERAL SERVICES DIRECTOR GRIFFIN, AND ANIMAL
CARE FACILITY MANAGER DR. YORK, OF ANIMAL CONTROL OFFICERS
JUAN ESTRADA, MATT TSUNODA, MICHAEL SMITH, JAIME V ALLES,
CLAUDIA JIMENEZ, AND ARTURO CUEVAS SPORTING THE NEW ANIMAL
CONTROL OFFICER UNIFORMS AND BADGES
General Services Director Griffin introduced the new Animal Control Officers, and Dr. York
spoke of the success of the City's animal adoption program.
· INTRODUCTION BY POLICE CHIEF EMERSON OF NEWLY PROMOTED
AGENTS, JOHN ENGLISH, TIM KAHL, DAVID MARSHALL, DAVID OYOS, AND
BRIAN STEVENS
Police Chief Emerson introduced the newly promoted agents and presented each with their
badge.
/
CONSENT CALENDAR
(Items 1 A through 9)
Finance Director Kachadoorian provided clarification on Item No.3.
With regard to Item No.3, Councilmember Rindone stated that he does not have a conflict per
the City Attorney.
IA. WRITTEN COMMUNICATION
Memorandum requesting an excused absence from Deputy Mayor McCann from the
Special Council Meeting of December 9, 2005.
Staff recommendation: Council excuse the absence.
1. ORDINANCE NO. 3029, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 3.54, RELATING TO
THE DEVELOPMENT IMPACT FEE TO PAY FOR THE TRANSPORTATION
FACILITIES IN THE CITY'S EASTERN TERRITORIES (SECOND READING)
The City's Transportation Development Impact Fee (TDIF) Program was established on
January 12, 1988. Since its inception, the program has been updated several times to
reflect new land use approvals, proposed changes to the General Plan, and updated
project cost estimates. Adoption of this ordinance will amend the Municipal Code to
increase the development impact fee (per equivalent dwelling unit) to finance
transportation facilities within the City. The ordinance was introduced May 10, 2005.
(City Engineer)
Staff Recommendation: Council adopt the ordinance.
2. REPORT REGARDING THE DEVELOPMENT IMPACT FEE (DIF), PARK
ACQUISITION AND DEVELOPMENT (PAD) FEE, AND TRUNK SEWER CAPITAL
RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2005
State Government Code Section 66000 requires local agencies assessing development
impact fees and sewer capacity charges to make available specified financial data to the
public each fiscal year. (Finance Director)
Staff recommendation: Council accept the report.
3. RESOLUTION NO. 2005-411, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE
AGREEMENT WITH RUDOLPH AND SLETTEN, INC. TO INCORPORATE THE
GUARANTEED MAXIMUM PRICE (GMP) OF $3,174,736 FOR THE SERVICES
REQUIRED TO DESIGN AND CONSTRUCT UPGRADES AND REPLACEMENTS
TO THE NATURE CENTER INTERIOR EXHIBITS (NATURE CENTER GALLERIA
REMODEL) CAPITAL IMPROVEMENT PROJECT, GG175, AMENDING THE
DATE OF SUBSTANTIAL AND FINAL COMPLETION, ASCERTAINING
PREVAILING WAGE, AUTHORIZING AN INTER-FUND LOAN AND
APPROPRIATING ADDITIONAL FUNDS THEREFOR (4/5THS VOTE REQUIRED)
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CONSENT CALENDAR (continued)
The City Council previously approved a design-build agreement with Rudolph and
Sletten, Inc. for the provision of services necessary to design and construct upgrades and
replacements for the Nature Center Galleria remodel and the first amendment to the
agreement to incorporate additional design services. The project is nearing the end of the
design phase and is ready to start the construction phase. Adoption of the resolution
approves the second amendment to the agreement; amends the date of substantial and
final completion, ascertains prevailing wage and appropriates additional funds therefor.
(General Services Director)
Staff recommendation: Council adopt the resolution.
4 A. RESOLUTION NO. 2005-412, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA CHANGING THE CLASSIFICATION TITLE OF ANIMAL
SERVICES SPECIALIST TO ANIMAL ADOPTION COUNSELOR
B. RESOLUTION NO. 2005-413, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2006 GENERAL
SERVICES ANIMAL CARE FACILITY BUDGET BY DELETING A .5
VETERINARIAN POSITION AND ADDING A .75 ANIMAL ADOPTION
COUNSELOR POSITION, RECLASSIFYING AN ANIMAL CONTROL OFFICER
POSITION TO A SENIOR ANIMAL CONTROL OFFICER AND AN ANIMAL CARE
ASSIST ANT POSITION TO SENIOR ANIMAL CARE ASSISTANT
Adoption of the resolution supports strategic goal seven (advance responsible pet
ownership) of the General Services Strategic Plan by reducing the number of animals that
come into the animal care facility and placing adoptable animals. (General Services
Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2005-414, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING VARIOUS DONATIONS IN THE AMOUNT
OF $1,344 TO THE ANIMAL CARE FACILITY AND APPROPRIATING SAID
DONATED FUNDS (4/5THS VOTE REQUIRED)
The animal care facility has received various donations totaling $1,344. Adoption of the
resolution allows the donations to be used to purchase kennel and medical supplies for
the facility. (General Services Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2005-415, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005/2006 BUDGET
AND APPROPRIATING $60,745 FROM THE PUBLIC FACILITIES
DEVELOPMENT IMP ACT FEES FUND AND AWARDING A PURCHASE
AGREEMENT IN THE AMOUNT OF $60,745 FOR ONE AERIAL LIFT TRUCK TO
ALTEC INDUSTRIES, IN ACCORDANCE WITH THE TERMS AND CONDITIONS
OF THE CITY OF SAN DIEGO BID (4/5THS VOTE REQUIRED)
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CONSENT CALENDAR (continued)
The General Services Department proposes to amend the Fiscal Year 2005/2006 budget
to purchase an aerial lift truck for the construction and repair division. The aerial lift is
needed to maintain new recreation and park facilities. (General Services Director)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2005-416, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH
PCL CONSTRUCTION SERVICES, INC. FOR THE DESIGN AND CONSTRUCTION
OF A 31,129 SQUARE-FOOT LIBRARY, LOCATED IN THE RANCHO DEL REY
COMMUNITY NEIGHBORHOOD OF THE CITY OF CHULA VISTA, AND
AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT
The Council previously approved a capital improvement project for the construction of
the Rancho Del Rey Library (CIP No. LB124) that conceptually designed and provided
for the construction of a completed and fully functional 31,129 square-foot library. On
June 29, 2005 a request for proposals was issued to seven design-build firms for the
project. Adoption of the resolution approves an agreement with PCL Construction.
(General Services Director)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2005-417, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $80,375 IN
UNANTICIPATED REVENUES AWARDED TO THE CITY OF CHULA VISTA, AS
THE LEAD AGENCY FOR THE SOUTH BAY USED OIL RECYCLING PROGRAM
FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD'S
USED MOTOR OIL RECYCLING BLOCK GRANT FOR 2005/2006, 11 TH CYCLE
(4/5THS VOTE REQUIRED)
The California Used Oil Enhancement Act (1999) requires the collection of four cents for
every quart of lubricating oil sold, transferred and imported into California from oil
manufacturers. Chula Vista consumers pay four cents per quart into the fund when they
purchase oil. The Act mandates that the California Integrated Waste Management Board
use a portion of the funds to provide block grants to local governments for used oil
programs that encourage used oil and oil filter recycling. Chula Vista is the lead agency
for the Used Oil Recycling Program for the South Bay cities of Chula Vista, Imperial
Beach and National City. (General Services Director)
Staff recommendation: Council adopt the resolution.
9 A. RESOLUTION NO. 2005-418, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND HILLTOP MIDDLE SCHOOL FOR
THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM HOURS,
AMENDING THE FISCAL YEAR 2006 RECREATION DEPARTMENT BUDGET
BY APPROPRIATING $5,102 BASED ON UNANTICIPATED REVENUE, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE
REQUIRED)
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December 13, 2005
CONSENT CALENDAR (continued)
B. RESOLUTION NO. 2005-419, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND CASTLE PARK MIDDLE
SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM
HOUR, AMENDING THE FISCAL YEAR 2006 RECREATION DEPARTMENT
BUDGET BY APPROPRIATING $5,102 BASED ON UNANTICIPATED REVENUE,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS
VOTE REQUIRED)
C. RESOLUTION NO. 2005-420, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND CHULA VISTA MIDDLE
SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL PROGRAM
HOURS, AMENDING THE FISCAL YEAR 2006 RECREATION DEPARTMENT
BUDGET BY APPROPRIATING $6,664 BASED ON UNANTICIPATED REVENUE,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS
VOTE REQUIRED)
D. RESOLUTION NO. 2005-421, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND YMCA OF SAN DIEGO COUNTY
FOR THE PROVISION OF AFTER-SCHOOL PROGRAM HOURS AT CASTLE
PARK MIDDLE SCHOOL AND HILLTOP MIDDLE SCHOOL, AMENDING THE
FISCAL YEAR 2006 RECREATION DEPARTMENT BUDGET BY
APPROPRIATING $6,422 BASED ON UNANTICIPATED REVENUE, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE
REQUIRED)
E. RESOLUTION NO. 2005-422, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY
AND THE YMCA OF SAN DIEGO COUNTY SOUTH BAY BRANCH FOR THE
PROVISION OF AFTER-SCHOOL PROGRAM HOURS AT HILLTOP, CHULA
VISTA, RANCHO DEL REY AND CASTLE PARK MIDDLE SCHOOLS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Hilltop Middle School, Castle Park Middle School, and Chula Vista Middle School have
been awarded a state grant for the provision of additional before and after school
programming hours. The schools have asked the Recreation Department to provide these
services via memoranda of understanding. These hours are in addition to the existing
after-school hours provided by the Recreation Department to the schools. Adoption of
the resolution approves the memoranda and authorizes the Mayor to execute them.
(Recreation Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 4-0.
Page 5 - Council Minutes
http://www.chulavistaca.gov
December 13,2005
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Rudy Ramirez stated that the Council should urge candidates applying for appointment to the
vacant Council seat to pledge not to run in the June election.
Peter Watry stated that Councilmember Davis' successor should be chosen by the public, and the
appointed person should not run for election.
Paula Perry requested that the Council appoint a non-political candidate for the interim term and
not someone who would use the position to run as an incumbent candidate.
PUBLIC HEARING
10. CONSIDERATION OF ADOPTION OF RESOLUTIONS CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (EIR 05-01) FOR THE PROPOSED
GENERAL PLAN; APPROVING THE CITY'S COMPREHENSIVE GENERAL PLAN
UPDATE (GPU) AND RELATED OTA Y RANCH GENERAL DEVELOPMENT
PLAN, RESOURCE MANAGEMENT PLAN, AND THE CITY'S MULTIPLE
SPECIES CONSERVATION PROGRAM SUBAREA PLAN AMENDMENTS
In April 2002, the City hosted a "town hall" meeting at Chula Vista High School to kick
off the City's comprehensive General Plan Update (GPU) effort. This was the first in a
series of six such town hall meetings, as well as over 70 citizen committee meetings,
spanning a four-year period to gather and digest the thousands of public comments from
all segments of the community, and other technical inputs, in preparing the updated year
2030 vision for Chula Vista that is reflected in the proposed General Plan Update
documents. Accompanying the GPU are proposed amendments to the Otay Ranch
General Development Plan (GDP), Otay Ranch Resource Management Plan (RMP), and
the City's Multiple Species Conservation Program (MSCP) Subarea Plan that correspond
with the land use and transportation proposals in the GPU for the Otay Ranch area, and
assure that the GDP and the RMP amendments are in keeping with the MSCP. In
accordance with the requirements of the California Environmental Quality Act (CEQA),
a Final Environmental Impact Report (FEIR) was prepared to analyze the environmental
impacts of the proposed General Plan Update and related actions. CEQA Findings of
Fact, and a Mitigation Monitoring and Reporting Program (MMRP), have been prepared
that reflect the conclusions of the Final EIR. The Final EIR also contains comments and
responses to the comments received during the public review period. (Planning and
Building Director)
Page 6 - Council Minutes
http://www.chulavistaca.gov
December 13, 2005
PUBLIC HEARING (Continued)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. He noted a memorandum received by the Council
from the City Manager regarding a portion of staffs presentation. There is an amendment to
language in section 7.2 under urban design and form, and there are a number of correspondences
from individuals that have been submitted and received by the City Clerk and which are included
in the public record.
Planning and Building Director Sandoval provided introductory remarks.
Advance Planning Manager Batchelder provided a an overview of the staff report and document
package.
At 7:02 p.m., Councilmember Rindone stated that he would abstain from participation on the
Downtown Third Avenue District due to the proximity of his residence to the area. He then left
the Chambers.
Advanced Planning Manager Batchelder provided an overview of the Downtown Third Avenue
District and responded to questions of the Council.
At 7:05 p.m., upon conclusion of that portion of the presentation, Councilmember Rindone
returned to the dais.
At 7:06 p.m., Councilmember Castaneda stated that he would abstain from participation on the H
Street Corridor District due to the employment activities of a family member regarding which he
was awaiting receipt of a Fair Political Practices Commission opinion. He then left the
Chambers.
Advanced Planning Manager Batchelder provided an overview of the H Street Corridor District.
Mayor Padilla referenced correspondence from Mr. Googins regarding a request for expansion of
the existing limited industrial land use designation for approximately 60 acres of land located
south of Main Street under consolidated trusteeship. He inquired, recognizing staffs concerns
with regards to the open-space designation, the floating community park designation and the
abutting, perhaps sensitive habitat in the Otay Valley Regional Park, as to whether it was
possible that the acreage size of this site alone could allow enough flexibility, given the historic
land uses there, to accomplish an increase of the industrial designation to some degree further
south while still retaining the community park designation in terms of design and siting, as well
providing an appropriate buffer. Advanced Planning Manager Batchelder responded
affirmatively, given the amount of information currently available to staff.
At 7:19 p.m., upon conclusion of that portion of the presentation, Councilmember Castaneda
returned to the dais.
Advanced Planning Manager Batchelder continued with the presentation, covering the Land Use
Concept.
Page 7 - Council Minutes
http://www.chulavistaca.gov
December 13, 2005
PUBLIC HEARING (Continued)
Principal Planner Rosaler provided an overview of amendments that were happening
concurrently with the Otay Ranch General Development Plan, including creating a transit village
in Village 2, establishing the town centers in Villages 8 and 9, designating on the map itself the
boundaries of the university and regional technology park, establishing the 70-acre community
park, changing the existing transit line from trolley to the BRT and expanding it out to the other
villages, adding the active recreation areas as designated in the General Plan, and retaining the
retail commercial and freeway commercial areas of the project. Additionally, several
amendments are being made to reflect current practice, such as adjusting the table for the eastern
urban center to reduce office uses and increase commercial and residential to reflect current
market conditions, as well as esiablishing the population coefficient at the SPA level. It is also
recommended that the annual report requirement be deleted from the general development plan
and policy be put in recommending participation in the GMOC, and the boundaries be adjusted
on the RMP Preserve Map to reflect the MSCP boundary. Lastly, a proposal was received from
one of the major landowners to acquire the balance of the university land. Staff has determined
that additional time is needed to analyze the proposal and work with adjacent property owners to
come forward with the best plan for the university, regional technology park and town centers.
Staff plans to do this and return to the Council within the next 120 days with a report and is,
therefore, requesting Council defer approval of Villages 8, 9 and 10 on the General Plan Update
and on the general development plan.
Principal Planner Bazzel responded to questions of the Council on the Brownfield Airport Land
Use Plan.
Environmental Project Manager Power provided an overview of the final Environmental Impact
Report for consideration and certification.
Steve Molski, representing mobile home park residents, expressed concerns with potential
relocation and dislocation, urged the Council to limit the maximum height of any building in the
City to no more than seven stories, and requested the City secure state or federal funds to fix all
the potholes on G and F Streets.
John Moot, representing the property owners between Third and Fourth Avenues on H Street,
also known as Espanada LLC, asked the Council to approve the preferred plan for the H Street
corridor and district focus area without the November 29,2005 edits.
Curt Noland, representing the Otay Land Company and Flat Rock Land Company, spoke in
support of the plan and staffs recommendations.
Paul McNeil, of the London Group, representing Greg Mattson and a group of business owners
and stakeholders in Chula Vista 2030, expressed support for west-side revitalization, along with
the preferred alternatives with the recent amendments as proposed by staff.
Kim Kilkenny, representing the Otay Ranch Company and JPB Development, spoke in support
of the amendments to Village 2, staff recommendation on the freeway commercial and the
deferral of action for 120 days on Villages 8, 9 and 10.
Page 8 - Council Minutes
http://www.chulavistaca.gov
December 13, 2005
PUBLIC HEARING (Continued)
Teresa Acerro encouraged the Council to adopt the amendments as recommended by the
Planning staff.
Bob Crane spoke in support of staff's recommended plan.
Terry Thomas, General Plan Update Steering Committee member, spoke in support of the
recirculated EIR, the importance of continued public input and the inclusion of environmental
justice. Further, she stated that the international flavor needs to be emphasized more in the
southwest, the transit focus area element is missing, bus lines need to be supplemented for
students, the circulation element needs to be re-vamped, and mid-rise plans will also permit the
same density ofland if they use form based design to retain the community character.
Wayne Raffesberger, attorney representing the Tower Lodge Motel, spoke in support of the
proposed change from the preferred plan to mixed use residential on lower Broadway. He then
congratulated staff on the General Plan Update and urged the Council to direct staff to bring
along, as quickly as possible, the densities and building heights to be allowed to encourage
development.
Dick Reynolds spoke in favor of mid-rise on H Street from 4 to 7 stories so as not to create a
solid wall.
Joan Johnson spoke in support of mid-rise.
Richard Batterton spoke in support of mid-rise.
Laura Hunter, representing the Environmental Health Coalition, spoke in support of staff's
recommendation and thanked the Council and staff for inclusion of environmental justice
policies. In the future, as we move into the specific planning level and the zoning aspects, the
Council will be asked to direct staff to ensure that residences and schools are located a safe
distance from freeways and high traffic areas.
Dr. Heather Honea, Chair of the San Diego Regional Apollo Alliance, a coalition of labor,
community and environmental groups working towards a renewable energy future for the San
Diego region, spoke in support of the revised General Plan Update.
Peter Watry, representing Crossroads II and Patricia Aguilar, expressed general support of the
current version of the General Plan Update and stated that they had two continuing concerns.
The GPU map shows La Media crossing the Otay River Valley and connecting with South San
Diego, which would offer a toll-free parallel route to SR-125; and the town focus area for
southwest Chula Vista has not been determined. He urged the Council to authorize staff to
conduct a South Third Avenue corridor study.
Earl Jentz spoke in support of the mid-rise alternative for the transit focus area at Third Avenue
and H Street. He expressed concern that the issue of the loss of market-rate affordable housing
and the potential displacement of thousands ofrental households was not addressed, stating that
these issues should be resolved before the Urban Core Specific Plan moves forward. Another
area of concern is the proliferation of high-rise development either through General Plan
amendments or the Specific Study Zone on H Street between Fourth A venue and Interstate 5.
Page 9 - Council Minutes
http://www .chulavistaca.gov
December 13, 2005
PUBLIC HEARING (Continued)
Dave Wood shared Mr. Jentz's concerns regarding the loss of affordable housing, stating that
2300 units of the most affordable housing between E and H Streets and 1-5 and Broadway are
proposed to be eliminated, and over 500 of the units are reserved for elders. Affordable housing
should be provided for City employees, elders, law enforcement personnel and health care
workers. Additionally, he suggested the Council establish an affordable housing taskforce.
Chad Blum, representing the San Diego Labor Council, urged the Council to adopt the General
Plan Update.
Carlos Angeles spoke in support of progress and congratulated the City on its latest
developments.
The following people submitted slips in support of mid-rise but did not wish to speak:
Robert Ross
Anthony Klappor
Nellie Patterson
Laura Villanueva
Sandy Duncan
Kliche Klopper
Louise Olson
George Hanak
Maria Zadorozny
Jerry Scott
Jean Kalani
Rossrt Corcilius
Don Bodie
Wendz Hartson
Sonny Chandler
Joe Kalani
Shirley Meror
Rodolfo Tanos
Frank Best
Ron Johnson
Donna Chamber
The following people submitted comments on speaker slips but did not wish to speak:
. Verena Fleming: support mid-rise alternative, wish the study corridor did not exist and
that area was also designated mid-rise.
. Pandra Boyle: support the mid-rise alternative, still concerned about the H Street study
area, would like to see it designated mid-rise also.
. Jack Blakely: representing the Chula Vista Downtown Business Area, support the
General Plan Update.
. Kathryn Radinovsky: support mid-rise, no more than 7 stories.
. Scott Vinson: support the General Plan Update
. Paula Perry: oppose high rises on the General Plan Update for the west side.
There being no further members of the public wishing to speak, Mayor Padilla closed the public
hearing.
Advanced Planning Manager Batchelder concluded the presentation with staffs
recommendations.
Page 10 - Council Minutes
http://www.chulavistaca.gov
December 13,2005
PUBLIC HEARING (Continued)
ACTION:
Councilmember Rindone offered Resolution No. 2005-423, heading read, text
waived:
RESOLUTION NO. 2005-423, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE
FINAL ENVIRONMENTAL IMPACT REPORT (EIR 05-01) FOR THE
GENERAL PLAN UPDATE AND RELATED ACTIONS; MAKING
CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS; AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
The motion carried 4-0.
ACTION:
Deputy Mayor McCann offered Resolution No. 2005-424, heading read, text
waived:
RESOLUTION NO. 2005-424, RESOLUTION OF THE CITY
COUNCIL APPROVING THE CITY'S COMPREHENSIVE GENERAL
PLAN UPDATE, WITH THE EXCEPTION OF THE LAND USE MAP
AND LAND USE AND TRANSPORTATION ELEMENT PROVISIONS
FOR THE DOWNTOWN THIRD AVENUE DISTRICT (SECTION
9.5.1), THE H STREET CORRIDOR DISTRICT AND ITS FOCUS
AREAS (SECTIONS 9.5.2, 9.5.3, AND 9.5.4), A PORTION OF THE
MAIN STREET DISTRICT AND RELATED LAND USE AND
TRANSPORTATION ELEMENT POLICIES LUT 45.1, 45.2 AND 45.3
AND THE LAND USE MAP DESIGNATIONS FOR VILLAGES 8, 9,
AND 10 OF THE OT A Y RANCH AND ASSOCIATED POLICIES;
REPEALING THE MONTGOMERY SPECIFIC PLAN, AND
AMENDING THE CITY'S MULTIPLE SPECIES CONSERVATION
PROGRAM SUBAREA PLAN
The motion carried 4-0
ACTION:
Mayor Padilla offered Resolution No. 2005-425, heading read, text waived:
RESOLUTION NO. 2005-425, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
CITY'S COMPREHENSIVE GENERAL PLAN UPDATE LAND USE
MAP, AND LAND USE AND TRANSPORTATION ELEMENT
PROVISIONS FOR THE DOWNTOWN THIRD AVENUE DISTRICT
(SECTION 9.5.1)
The motion carried 3-0 1, with Councilmember Rindone abstaining.
Page 11 - Council Minutes
http://www.chulavistaca.gov
December 13, 2005
PUBLIC HEARING (Continued)
ACTION:
Mayor Padilla offered Resolution No. 2005-426, heading read, text waived:
RESOLUTION NO. 2005-426, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
CITY'S COMPREHENSIVE GENERAL PLAN UPDATE LAND USE
MAP AND LAND USE AND TRANSPORTATION ELEMENT
PROVISIONS FOR THE H STREET CORRIDOR DISTRICT AND ITS
FOCUS AREAS (SECTIONS 9.5.2, 9.5.3, AND 9.5.4), AND A
PORTION OF THE MAIN STREET DISTRICT AND RELATED LAND
USE AND TRANSPORTATION ELEMENT POLICIES LUT 45.1, 45.2
AND 45.3
The motion carried 3-0-1, with CounciImember Castaneda abstaining.
ACTION:
CounciImember Castaneda offered Resolution No. 2005-427, heading read, text
waived:
RESOLUTION NO. 2005-427, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE OTAY RANCH GENERAL
DEVELOPMENT PLAN AND RESOURCE MANAGEMENT PLAN
The motion carried 4-0.
Councilmember Rindone and Deputy Mayor McCann asked staff to provide a full briefing in the
future on the SANDAG allocation policies.
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
City Manager Rowland's recommended that the December 20,2005 meeting be canceled. It was
the consensus of the Council to hold the meeting, and Deputy Mayor McCann requested that
Jessica's Law be brought forward for discussion at that meeting.
12. MAYOR'S REPORTS
Mayor Padilla spoke regarding unintentionally sending the wrong message to an important
segment of the community at the recent holiday festival in Memorial Park and offered regrets
and apologies to anyone who was offended. He defended the actions of staff, who acted out of
an overabundance of caution, and stated that he has requested the City Attorney's office bring
forward a solid policy to address the issue in the future.
Page 12 - Council Minutes
http://www.chulavistaca.gov
December 13,2005
13. COUNCIL COMMENTS
Councilmember Rindone congratulated staff on a job well done with regard to the General Plan
Update. He encouraged anyone interested in applying for the Council vacancy to submit an
application. He then wished all a happy holiday season and encouraged everyone to spend time
with families and friends, as well as support those less fortunate.
Deputy Mayor McCann congratulated staff and the Council on the approval of the monumental
General Plan document, commended the Mayor for addressing the holiday event issue, and
encouraged anyone interested in running for Council to apply for the Council vacancy.
Councilmember Castaneda concurred with the Mayor's statement regarding the mishap during
the holiday festival and commended him for moving forward on the development of a
comprehensive policy.
CLOSED SESSION
Closed Session was cancelled, and the following item was not discussed:
14. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
. One case
ADJOURNMENT
At 10:48 p.m., Mayor Padilla adjourned the meeting to the Adjourned Regular Meeting of
December 16, 2005, at 4:00 p.m. in the Council Chambers, thence to the Regular Meeting of
December 20, 2005, at 6:00 p.m. in the Council Chambers.
- --=--
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Susan Bigelow, MMC, City Clerk
Page 13 - Council Minutes
http://www.chulavistaca.gov
December 13, 200S
Chairs
Mickey Cafagna
Mayor, City of Po way
Chairman, San Diego
Association of Governments
Julie Meier Wright
President & CEO
San Dieg'o Regional
Economic Development
Corporation
Bob Tjosvold
San Die go Market President
Bank of America
Advisory Board members
Ken Bawngartner
The Corky McMillin
Companies
DanaBezerra
Merrill Lynch
Michael Chapin
GEDCON Inc.
Kurt Chilcott
CDC Small Business Finance
Hank Cunningham
City of San Diego
Larry Fitch
San Diego Workforce
Partnership
Marye Anne Fox
University of California, San
Diego
Peter Hall
Centre City Development
Corporation
Chad Harris
Centex Homes
John Hull
SBC
Karen Hutchens
Hutchens & Associates LLC
Chris Jennewein
San Diego Union.TnbWle
Rita Mahoney
The Corky McMillin
Companies
Mitch Mitchell
Hewlett-Packard
Paul Nieto
TMGPartners
Joanne Pastula
JWlior Achievement
Anthony Patterson
Patteo Ventures
Doug Rein
DLA Piper Rudnick Gray
Cary US LLP
Frank UrtasWl
San Diego Gas & Electric
Mark Wittenberg
University of California,
San Diego
BankofAmerica ~
~
Ii San Diego
('... Regional
Economic
rfi.... Develupment
....... . ..... . ..... Corporation
cr...DAG ':','-
.......J ,Yip"),,",
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December 14, 2005
David D. Rowlands Jr.
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Rowlands:
San Diego County must provide its residents with a balanced, sustainable quality of life
to be considered a truly world-class region in the 215t Century. This means more than
good jobs and easy access to the beach on sunny days. It means thriving economic,
environmental, and social infrastructures that allow us to compete for talent and
investment with similar U.S. regions in an increasingly global marketplace.
The San Diego Association of Governments and the San Diego Regional Economic
Development Corporation have collaborated with Bank of America to produce the 2005
Indicators of Sustainable Competitiveness: A Quality of Life Index for San Diego. The
2005 Index benchmarks our performance against 18 regional competitors and the nation.
It reprises a study first done in 2001.
It is our desire to share the results of this important study with the City Council by
making a 10- to 12-minute presentation at an upcoming council meeting.
Using a composite index constructed from quality-of-life indicators representing three
broad areas - the economy, the environment, and social equity - the 2005 Index
measures the success of our efforts and the pace of our progress, or lack thereof.
Enclosed is an executive summary ofthe report.
On one hand, the 2005 study reveals, just as the original did, that we have our work cut
out for us in the area of equity. Our region is at a competitive disadvantage in the areas
that define equity, including housing affordability, early childhood education, and traffic
congestion. On the other hand, as San Diegans we can take pride in the fact that our
environmental indicators show we are tied for the top spot with Seattle. Our region is at
a competitive advantage in most areas that define the environment. Also, it's important
to recognize that we have begun to take collaborative actions that will have a positive
influence on some of our worst performing indicators.
To move forward it is critically important for elected officials, civic leaders, and citizen
groups working together to prioritize the challenges and craft a comprehensive action
plan to boost our performance in the three E's. It is only through such collaborative
efforts that we can make the long-term adjustments to enhance our shared quality oflife.
530 B Street Seventh Floor San Diego CA 92101
www.sandiegobusiness.org
page 2
A representative from the San Diego Regional Economic Development
Corporation will call you in the next week to follow up and discuss when we
could schedule this presentation before your council.
Sincerely,
4~fk
~/~
Marney Cox, Chief Economist, San Diego Association of Governments
Michael Schuerman, Director of Research, San Diego Regional Economic
Development Corp.
enclosure
2
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Boston Chicago DC Houston Los Angeles NYC Paris San Diego San Francisco Seoul Sydney Taiwan Toronto Vancouver Wilmington
NTDTV's Chinese New Year Global Gala
An Exhilarating Fusion of the East & West
~ j]f-m-"""E@...~~ New Tang Dynasty
It:I\ New Tang Dynasty Televisicn Television (NTDTV)
invites you to join us on an exciting joumey-- the
2006 NTDTV Chinese New Year Global Gala.
NTDTV successfully hosted Chinese New Year Galas
in 2004 and 2005. Weare honored that many world
leaders, businesses, and organizations recognize
NTDTV's Chinese New Year Gala as an important
platform for celebrating the Chinese New Year and
for appreciating Chinese traditional culture and arts.
Past Success
2004 Gala: Live audience totaling 10,000 in five
cities: New York City, Washington DC, Taipei Paris,
and Toronto
2005 Gala: Live audiences totaling 13,500 in seven
cities: New York City, Washington DC, San
Francisco, Hong Kong, Taipei, Toronto, and London.
Performers
Nearly 500 performers joined the five galas in 2004,
and 1,000 performers participated in the seven galas
in 2005. NTDTV's Chinese New Year Global Gala
has attracted world-class performers such as:
. National Taiwan University of Arts
. Juilliard String Quartet
. American Ballet Theatre
. Washington Choir
. Tianjiao Performing Arts Group
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Recognition
Over 250 global and local leaders, celebrities, and
famous athletes extended their New Year greetings to
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NTDTV Chinese New Year Global Gala. These
leaders include US President George Bush, Canadian
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Chen Shui-bian, and Vice President of the European
Parliament Charlotte Cederschiold.
Volunteers and Media Partners
More than 4,000 volunteers (1,500 in the US) helped
with the production and promotion of the 2005
NTDTV Global Gala.
;
Our media partners include The Epoch Times, which
is published in 8 languages, and distributed in 28
countries, and the
Sound of Hope
radio network,
broadcasts through
~~jfflt.:. ~ lilIl1:iml3lill€l online streaming
~S~dofHopeRadioNctworli: and local radio
www.SollndofHooe.org stations. In San
Diego, The Epoch Times publishes weekly in both
Chinese and English editions, and the Sound of Hope
broadcasts on Friday, 5:00-6:00pm, through AM 1000,
KCEO radio station.
~ ~ ",EpochTimes
htto://En gl ish .Eooc h Times. com
2006 Global Gala in 16 Cities
In 2006, NTDTV's Global Gala will be more than
doubled in size. An estimated 35,000 people will
experience the Gala live in at least 16 cities on four
continents, including II major cities in North
America. Our 200 million potential viewers will be
able to watch it on New Year's Eve via satellite, 42
cable networks, and internet streaming video.
San Diego will be one of the proud hosts to the 2006
Global Gala. The live performance is scheduled on
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Center for the Arts, Escondido.
To view past galas, or for more information on the
upcoming galas, please visit:
www.NewYearGala.ntdtv.com
www.sd-gala.com (local page).
Tel: 619-578-8495
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New Tang Dynasty Television
New Tang Dynasty Announces 2006 Chinese New Year Global Gala
- Third Glorious Year Includes PerfOlmances at Radio City Music Hall in New York
New York City (November 10,2005) - New Tang Dynasty will hold its 2006 Chinese New
Year Global Gala in 16 cities globally, and here in New York at Radio City Music Hall. Zhong
Lee, president of New Tang Dynasty (NTDTV), announced this news at a recent interview.
With its trademark blend of traditional Chinese cultural acts and high class Western performers,
New Tang Dynasty is set to put on the most amazing Chinese New Year celebration yet.
New Tang Dynasty, a non-profit organization committed to independent media coverage, says
that this year's gala reflects their mission ofblidging the gap between the East and West.
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Lee said: "This year our theme is 'Myths and Legends'. Every nation has its own legends. We
want to tell people the legends embedded in China's thousands years of history. We want to
present to people the most genuine traditional Chinese culture. You will see a lot of story-
telling in the perfOlmance."
Last year 40 percent of the audience was Western but organizers hope to attract even more
Western audience members this year. "We really want to introduce Chinese culture to the
Western world and the other way around. We are trying to introduce ballet and different culture
to the Chinese people as well. It goes both ways," said Lee.
New Tang Dynasty's New Year Gala will have three performances in New York City, on Jan
20-21, but will be appealing in nine major cities around the country. International locations
include Sydney, Paris, Toronto, Vancouver and Taiwan.
TOUR DATES:
January 7th
January 20/21st
January 24th
February 4th
February 9th
February 11th
February 12th
February 17th
February 19th
Media Contacts:
Gala press release
Boston
New York
Philadelphia
Chicago
San Diego (at California Center for the Arts, Escondido)
Los Angeles
San Francisco
Washington DC
Houston
Shelley Zhang
Email: shelley.zhang@ntdtv.com
Phone: 619-578-8495
www.NewYearGala.ntdtv.com
About NTDTV, Gala, and OCMC
· The Gala: NTDTV's Chinese New Year Global Gala is a grand annual multicultural music and
dance performance featuring many world renowned artists. It is designed to enable audiences to
experience the grandeur of Chinese culture, the harmonic fusion of the East and the West, in an
atmosphere of joy and celebration for the Chinese New Year through the traditional and
contemporary performing arts.
This is the third year ofNTDTV's global Gala. In 2005 there were seven Galas worldwide, and
five were sold-out, including the 5,200 seat Theater at Madison Square Garden in New York.
The 2006 Chinese New Year Global Gala is scheduled to tour 16 cities worldwide, including 11
in North America. An estimated 35,000 people will experience the Gala live. NTDTV's 200 ;
million potential viewers will be able to watch the Gala on New Year's Eve via satellite and 42
cable networks. .
December 9.2005
Honorable Mayor Stephen Padilla
& Councilmembers:
City of Chula Vista
276 Fourth Avenue
Chula Vista. CA 91910
Honorable Mayor & Council members:
It is with great regret and enthusiasm to inform you that I am submitting
my resignation as a planning commissioner with the city of Chula Vista
effective December 9.2005 in order to pursue personal and professional
goals in my life.
As an appointed member of this august bOdy for 6 % years (1999-2005)
and as a member of the Otay Valley Road Project Area Committee for 3
years (1996-1999) it is time for me to focus on my future.
I am proud of the beautiful and award winning master planned
communities that are continuing to be developed in the Eastem part of
our city. And of course. the renewed emphasis on revitalizing the West
side with effective land use strategies aimed at bringing economic
development and infrastructure improvements on par with the east so
that our entire city can enjoy true livability.
Again. I want to thank you for the opportunity to serve this great city. and I
would like to thank the hard working men and women who make up the
ranks of our city's civil and professional workforce who truly are the best in
San Diego County.
Respectfully.
~l ~A ~'-
Marco Polo Cortes
;;:;;
January 10, 2006
Susan Bigelow
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Ms. Bigelow,
Receive this as my resignation from the City ofChula Vista's Board of
Ethics effective today.
My resignation is in protest for the actions and behavior of our City Council
and Mayor involving the recent appointment to seat number one.
Best Regards,
Rudy Ramirez
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ORDINANCE NO.
. k\
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF .~~O
CHULA VISTA AMENDING THE ZONIN~MAP. I\)~-
ESTABLISHED BY SECTION 19.18.010 OF THE MUN
CODE, REZONING AN 11.46 ACRE PAR~EL L ON
THE EAST SIDE OF BRANDYWINE A V S FROM
MENDOCINO DRIVE FROM THE R-HO GLE FAMILY
RESIDENTIAL, HILLSIDE) ZONE TO THE R-2-P (ONE AND
TWO FAMILY RESIDENTIAL, PRECISE PLAN) ZONE, AND
ADOPTING PRECISE PLAN STANDARDS.
1. RECITALS
A. Project Site
WHEREAS, the area of land, which is the subject of this ordinance is diagrammatically
represented in Exhibit "A" and incorporated herein by this reference, and for the purpose of
general description herein consist of one acre located on Brandywine A venue east of Mendocino
A venue ("Project Site or Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on July 25, 2003, a Rezone application was filed by CVHI, LLC
("Developer") with the Planning and Building Department of the City of Chula Vista requesting
an amendment to the adopted zoning map or maps established by Section 19.18.010 of the Chula
Vista Municipal Code in order to rezone an 11.46-acre parcel from the R-l-lOH (Single-
Family Residential, Hillside) Zone to the R-1-5 P zone, and subsequently amended on October
14, 2004 by Developer to request approval of the R-2-P (One and Two Family Residential,
Precise Plan) Zone, and adopting Precise Plan standards, for 104 condominium multi-family
dwelling units ("Project"); and
WHEREAS, on January 10, 2006, subsequent to consideration and approval of this
project, Applicant requests approval of a Tentative Subdivision Map to subdivide 11.46 acres
into 2 lots, a 7.43 acre, 104 multi-family unit condominium lot, and a 4.03 acre open space lot;
and
C. Prior Approvals
WHEREAS, on December 13, 2005, the Chula Vista City Council adopted a resolution
amending the Chula Vista General Plan, which included an amendment of the General Plan Land
Use Designation for the project site from Residential Low-Medium (3-6 du/acre) to Residential
Medium (6-11 du/acre);
WHEREAS, the Design Review Committee held a noticed public hearing on July 18,
2005, at 4:30 p.m. in the City Council Chambers at 276 Fourth Avenue and, after hearing staff
presentation and public testimony, voted 3-0-1-1 to approve the Design Review Application
DRC-05-22 for the Project, subject to adoption of the General Plan Amendment and this related
zone change, and
3-1
Ordinance
Page 2
WHEREAS, on August 1, 2005, the Resource Conservation Commission determined that
lnitial Study IS-02-45 for the Project was adequate, and recommended adoption of the Mitigated
Negative Declaration. Furthermore, on November 30, 2005, the Planning Commission also
recommended adoption of Mitigated Negative Declaration.
D. Planning Commission Record on Application
WHEREAS, the Planning Department set the time and place for a hearing on said
Project, and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of
the exterior boundary of the Project, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission held a noticed public hearing on the Project on
November 30, 2005, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue and, after
hearing staff presentation and public testimony, voted 5-0-2 to recommend that the City Council
approve the Mitigated Negative Declaration, and Rezone, in accordance with the findings listed
. below; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the Project held on November 30, 2005, and the minutes
and resolution resulting there from, are hereby incorporated into the record of these proceedings;
and
E. City Council Record on Application
WHEREAS, the City Council held a noticed public hearing on the Project on January 10,
2006, at 6:00 p.m. in the City Council Chambers at 276 Fourth Avenue; and
WHEREAS, the City Clerk set the time and place for the hearing on the Project
applications and notices of said hearings, together with its purposes given by its publication in a
newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of
the exterior boundaries of the Project site at least ten (10) days prior to the hearing; and
WHEREAS, after hearing staff's presentation and public testimony, the City Council
voted _-_-_ to adopt and approve theMitigated Negative Declaration (IS-02-045) and Rezone in
accordance with the findings listed below; and
F. Discretionary Approval of Ordinance
WHEREAS, a duly called and noticed public hearing on the Rezone was held before the
City Council of the City of Chula Vista to receive the recommendations of the Planning
Commission, and to hear public testimony with regard to the same.
II. The City Council of the City Chula Vista does hereby ordain as follows:
A. Certification of Compliance with California Environmental Quality Act (CEQA)
WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for
compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial
Study, IS-02-45 in accordance with CEQA.
3-2
Ordinance
Page 3
WHEREAS, based on the results of the Initial Study, the Environmental Review Coordinator
has determined that the project could result in significant effects on the environment. However,
revisions to the project made by or agreed to by the applicant would avoid the effects or mitigate
the effects to a point where clearly no significant effects would occur; therefore, the
Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-02-045.
B. Independent Judgment of the City Council
WHEREAS, the City Council has exercised their independent review and judgment and
concurs with the Planning Commission, Resource Conservation Commission, and Environmental
Review Coordinator's determination that Mitigated Negative Declaration (IS-02-045), in the
form presented, has been prepared in accordance with requirements of the California
Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review
Procedures of the City of Chula Vista.
C. Precise Plan Findings
I. That such use will not under the circumstances of the particular case be
detrimental to the health, safety or general welfare of persons residing or working
in the vicinity or injurious to property or improvements in the vicinity.
The City Council finds that the proposed precise plan standards contained
in attached Exhibit B will not have a negative impact on the surrounding
neighborhood because the proposed standards allow the applicant to design a
project that is more compatible with the surrounding development. The
surrounding area includes multi- family dwellings on the north and west, single-
family homes to the east, and industrial complex to the south. Such standards will
allow the flexibility in establishing new development standards for density,
building types, height, floor area and setback regulations that will permit
construction of attached town-home dwelling units with garages, private yards,
and common open space, which is appropriate for an area which transitions from
single-family to industrial zoned areas.
2. That such plan satisfies the following principles for application of the "P"
modifying district as set forth in CVMC 19.56.041:
(a) The City Council fmds that the property is unique in terms of its physical
characteristics, configuration, circulation, social or historic characteristics
requiring special design; because the site includes steep slope lands of 25% or
greater, and narrow endemic sensitive plant species which'requires
preservation in an open space lot and clustering of development into the
southern and western portions ofthe site, in a manner that complies with the
City's General Plan, Zoning Ordinance and Multiple Species Conservation
Program.
(b) The City Council also finds that the site is adjacent and contiguous to areas
zoned Planned Community and Limited Industrial, and that the adoption of
the Precise Plan will allow the project to be designed with dwelling unit types
and development standards which will make a more appropriate transition
between adjacent multi family and single family development, and will also
3-3
Ordinance
Page 4
be designed to include walls, fencing and landscape setbacks that will help
buffer the units adjacent from the adjacent industrial uses, in a manner that the
development of the site will better coexist with adjacent uses which might
otherwise not be compatible.
(c) The City Council also [mds that application of the "P" modifying district is
appropriate because the basic or underlying R-l-lOH zone regulation does not
allow the flexibility needed to achieve a project design that permits clustering
of development in a way that protects the on-site biological resources and
steep slopes, and therefore a precise plan modifying district is needed to allow
a more compatible design.
3. That any exceptions granted which may deviate from the underlying
zoning requirements shall be warranted only when necessary to meet the purpose
and application of the Precise Plan. Development of the lot using the
development standards of the R-2 zone would limit the ability of the applicant to
propose a design which:
a) Meets the goal of providing a 3 story, multi-family townhome dwelling unit
type with private and common recreational facilities, where the R-2 zone
permits 2 story duplex buildings with private recreational areas; and
b) Configures the placement of the open space and residential uses on the site in a
way that provides preservation of steep slope and biological open space areas.
These requested deviations under the Precise Plan are warranted in order to
achieve the purpose of the Precise Plan Modifying District.
4. The approval of this plan will conform to the General Plan and the
adopted policies of the City Of Chula Vista.
The project has been designed and evaluated in accordance with the goals and
objectives of the General Plan, including the Residential-Medium (6-11 duJacre)
and Clustering provisions of the Land Use Element. The Precise Plan, as
described, will allow the project to be consistent with the goals and objectives of
the General Plan, and the Chula Vista Municipal Code.
D. The rezoning provided for herein is consistent with the City of Chula Vista
General Plan, as approved on December 13 2005, and the public necessity, convenience and the
general welfare and good zoning practice support the amendment to the Municipal Code.
E. The City Of Chula Vista Zoning Map established by Section 19.18.010 of the
Chula Vista Municipal Code is hereby amended to rezone the site as depicted in Exhibit "B"
from R-l-lOH (Single- Family Residential, Hillside) to R-2-P (One and Two Family Residential,
Precise Plan).
F. The Precise Plan Standards as depicted in Exhibit "B" are hereby adopted and are
supported by the required [mdings (CVMC Section 19.56.041, as outlined in section II (C)
above.
3-4
Ordinance
Page 5
III. EFFECTIVE DATE. This ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Presented by
Approved as to form by
r~~
~.Moore
ty Attorney
James D. Sandoval
Planning and Building Director
3-5
COUNCIL AGENDA STATEMENT
L
Item_
Meeting Date 1/17/2006
ITEM TITLE:
Resolution authorizing the purchase of Police Pursuit Vehicles on an
as-needed basis from Raceway Ford, in accordance with terms and
conditions of a cooperative agreement with the City of San Diego, for a
period of one year; and, authorizing the Purchasing Agent to renew the
agreement for four additional one-year periods.
Director of Finance (vJ b'r\. "'de
Director of Public Works operation~
City Manager f ~ 1 f:
(4/5 Vote: Yes_ No..xJ
SUBMITTED BY:
REVIEWED BY:
The Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize
the Purchasing Agent to participate in cooperative bids with other government agencies for the
purchase of equipment and materials of common usage. The City has an opportunity to
participate in a current City of San Diego bid for favorable terms and pricing.
RECOMMENDATION: That the City Council approve the Resolution authorizing the
purchase of Police Pursuit Vehicles on an as-needed basis from Raceway Ford, in accordance
with terms and conditions of a cooperative agreement with the City of San Diego, for a period of
one year; and, authorizing the Purchasing Agent to renew the agreement for four additional one-
year periods.
DISCUSSION: The cities of Chula Vista, Escondido, La Mesa, and San Diego combined
annual requirements for Police Pursuit Vehicles under a single bid (#72l9-06-Z). Favorable
terms and pricing were received as a result of this cooperative venture.
The bid was advertised and posted on the City of San Diego Website. Bid packets were sent to
eighteen (18) potential respondents. Eight (8) vendors submitted bids. The Chula Vista Ford
dealer was contacted, but did not submit a bid. The Ford Crown Victoria is the vehicle of choice
for law enforcement purposes and is considered an industry standard.
*Unit cost includes options, delivery, and applicable discounts; sales tax is not included.
Vendor Unit Cost*
Raceway Ford $22,519.86
Hoblit Motors $22,998.23
Villa Ford $23,156.35
Kearny Mesa Ford $23,218.61
South Bay Ford $23,341.84
Wondries Fleet Division $23,410.91
Pearson Ford $24,024.60
McPeek's (Alt) $25,033.56
McPeet's $27,065.73
4-1
Page 2, Item ~
Meeting Date 1117/06
Raceway Ford of Riverside, CA is the apparent low responsive and responsible bidder and is
therefore recommended for award of contract.
Prices are firm for an initial one-year period. The contract may be renewed for four additional
one-year periods by mutual agreement. Option period renewals may not increase by more than
2% over prior year costs.
This is an excellent opportunity for the City of Chula Vista to realize substantial cost savings and
keep prices in check for Police Pursuit Vehicles for the next five years.
FISCAL IMPACT:
Sufficient funds are budgeted annually in the Equipment Replacement Fund for the replacement
of Police Pursuit Vehicles.
4-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE PURCHASE OF POLICE
PURSUIT VEHICLES ON AN AS-NEEDED BASIS FROM
RACEWAY FORD, IN ACCORDANCE WITH TERMS AND
CONDITIONS OF A COOPERATIVE AGREEMENT WITH
THE CITY OF SAN DIEGO, FOR A PERIOD OF ONE YEAR;
AND, AUTHORIZING THE PURCHASING AGENT TO
RENEW THE AGREEMENT FOR FOUR ADDITIONAL ONE-
YEAR PERIODS
WHEREAS, sufficient funds are budgeted annually in the Equipment
Replacement Fund for the replacement of Police Pursuit Vehicles; and,
WHEREAS, the Chula Vista Municipal Code Section 2.56.140 and Council
Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids
with other government agencies for the purchase of materials of common usage; and
WHEREAS, the cities of Chula Vista, Escondido, La Mesa, and San Diego
combined annual requirements for Police Pursuit Vehicles under a single bid (#7219-06-
Z) and, as a result, received favorable terms and pricing; and
WHEREAS, this cooperative venture utilized a competitive bid process that the
City's Purchasing Agent has determined to be consistent with good purchasing practices;
and
WHEREAS, based on this cooperative bid, the City of Chula Vista has the
opportunity to purchase police pursuit vehicles for $22,519.86 per unit, for one year,
from Raceway Ford, the low responsive and responsible bidder; and
WHEREAS, the contract may be renewed for four additional, one-year periods by
mutual agreement, and option period renewals may not increase by more than 2 percent
over prior year costs; and
WHEREAS, participating in this cooperative venture will allow the City of Chula
Vista to realize substantial cost savings and keep prices in check for Police Pursuit
Vehicles for the next five years.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby authorize the purchase of police pursuit vehicles from Raceway Ford,
on an as-needed basis, in accordance with the terms of a cooperative agreement with the
City of San Diego, for one year.
4-3
BE IT FURTHER RESOLVED, the City's Purchasing Agent is authorized to
renew the agreement for four additional, one-year periods.
Presented by
Approved as to form by
Dave Byers
Director of Public Works Operations
J:lAuomeyIJILLMIRESOS\PlIrchasc ofPD vehicles from Raceway Foro_Jan. 2006.doc
4-4
COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
S
01/17/06
ITEM TITLE:
Resolution approving the second amendment to the agreement
with Systems Integrated LLC which will increase the Guaranteed
Maximum Price (GMP) for the provision of services required to design
and construct the Supervisory Control and Data Acquisition (SCADA)
system that will provide an alarm system for controlling and monitoring
sewer collection and pump stations throughout the city, and amend the
substantial and final completion, and authorizing the Mayor to execute
said amendment.
Director of Public Works Operations V
City Manager 11 ~ 7fJ( (4/5ths Vote: Yes _NoJ.J
SUBMITTED BY:
REVIEWED BY:
The City Council previously approved a Design Build Agreement with Systems Integrated LLC
on March 16,2004, by Resolution 2004-078, which established the Guaranteed Maximum Price
(GMP) at $527,750 and the First Amendment, which increased the contract time by 90 days on
March 4, 2004, by Resolution 2005-109. The SCADA project, which will provide an alarm
system for controlling and monitoring sewer collection and pump stations throughout the City, is
progressing and due to additional locations identified by City staff resulting in additional work
by Design Builder, it has become necessary to increase the GMP to cover expenses necessary for
completion of additional work.
RECOMMENDATION:
That the City Council approve:
· The second amendment of the Design Build Agreement with Systems Integrated LLC
which will increase the Guaranteed Maximum Price (GMP) for the provision of services
required to design and construct the Supervisory Control and Data Acquisition (SCADA)
system
· Amending the substantial and final completion dates
· Authorizing the Mayor to execute said amendment
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
BACKGROUND:
On March 16, 2004 City Council approved an agreement with Systems Integrated LLC by
Resolution 2004-078 for the services required to design and construct a completed and fully
functional Supervisory Control and Data Acquisition (SCADA) system that will provide an
alarm system for controlling and monitoring sewer collection and pump stations throughout the
5-1
Page 2, Item:
Meeting Date:
F)
01/17/06
city, capital improvement project SW218 and established the Guaranteed Maximum Price
(GMP) at $527,750.
PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS
The Design-Build Agreement with Systems Integrated LLC provides the City with a fully
functional Supervisory Control and Data Acquisition (SCADA) system. The SCADA system
provides an alarm system for controlling and monitoring sewer collection and pump stations
throughout the City. SCADA enables crews to place more of an emphasis on preventative
maintenance by providing real-time monitoring, instantaneous alarm notification and
computerized control of equipment and critical systems. Additional locations contemplated by
City to Design Builder resulting in an increase in the GMP for the additional work are as
follows:
Mountain Hawk Park Remote Terminal Unit (RTU)
Salt Creek Park Pump Station RTU
Relocation of radio transceiver at Surrey Place to City owned light pole
Chemical tank monitoring system for Parkway Pool
Chemical tank monitoring system for Lorna Verde Pool
Quotes for each location are enclosed as Attachment A. The Second Amendment (Exhibit A) to
the Design Build Agreement between the City of Chula Vista and Systems Integrated LLC will
include increasing the GMP from $527,750 to $638,780, which includes a project contingency of
approximately 5% whereby any remaining funds at completion of project will be returned to the
project fund. It is cost effective and prudent for the City to utilize System Integrated LLC to
design and construct the SCADA systems at the above locations as they are providing same
systems throughout the City per their Original Agreement, are familiar with the system required
by the City and currently provide support for systems installed. Pursuant to Section 14 of the
Design Build agreement, staff and Design Builder have made every effort to determine a fair and
equitable price for the additional work.
While the design and installation ofthe Mountain Hawk Park Remote Terminal Unit (RTU) and
Salt Creek Park Pump Station RTU are dependent on the construction completion of each park, it
is estimated that they would corne on line on or before April 2006. Thus, the Substantial and
Final completion dates will be amended accordingly. The revised Substantial Completion date is
519 working days from issuance of Notice to Proceed at execution of Agreement and the revised
Final Completion date is 30 working days after Substantial Completion.
FISCAL IMPACT:
There are sufficient funds in the proj ect for the increase in GMP, therefore no additional
appropriations are necessary and there is no impact to the general fund. A breakdown of the
GMP and available projects funds are as follows:
5-2
Page 3, Item:
Meeting Date:
5
01/17/06
GMP RECAP
Original GMP $527,750
Additional Work $86,030
ContingencvCaoorox.5%) $25,000
GMP TO DATE $638,780
PROJECT FUNDS
Existing Appropriation (SW218 - Alann Replacement) $873,000
TOTAL PROJECT FUNDS A V AILABLE $873,000
Staff is recommending increasing the contract amount to incorporate the GMP of $638,780.
The GMP includes, but is not limited to, design services, general conditions, insurance, bonds,
construction management, the cost for all labor, equipment, and material to design and build a
fully functional SCADA system in accordance with all applicable building codes and additional
work in the amount of $111,030. Approval of tonight's resolution will approve the second
amendment to the agreement with Systems Integrated LLC to increase the GMP to $638,780 for
the design, construction and additional work pertaining to the SCADA system that will provide
an alann system for controlling and monitoring sewer collection and pump stations throughout
the City, amend the substantial and final completion dates, and authorize the Mayor to execute
said amendment.
Attachment A - Quotes for Additional Work
Exhibit A - Second Amendment to the Design Build Agreement and Revised Exhibit 2
J:\Genel.'al Services\GS Administration\Council Agenda\SCADA\SW218 SCADA Second Amendment AIl3.doc
5-3
Attachment A-1
Sent via e-mail 12/12/05
[~']SVSTEMS
....3F 5@ INTEGRATED
8080 Dagget Slree~ San Diego, CA 92111 Telephone 858/277-0700 FAX 858/277-1490
December 12, 2005
Mr. Brian Walther
CITY OF CIlULA VISTA
1800 Maxwell Road
Chula Vista, CA 91911
Re: Mountain Hawk Park RTU Quote
Dear Brian:
Per you request Systems Integrated is pleased to provide the following quotation to
provide an RTU for monitoring & control of the water system at Mountain Hawk Park in
accordance with the standard design for the City of Chula Vista wastewater SCADA
system currently under deployment.
Scope of Supplv
Systems Integrated will engineer, furnish and provide installation and start-up assistance
for a Supervisory Control and Data Acquisition (SCADA) Remote Terminal Unit (RTU)
and Proxim radio. This equipment will be integrated into the City of Chula Vista SCADA
system currently under deployment. The RTU will be manufactured in accordance with
the current SCADA system design.
Systems Integrated will provide the following:
Furnish hardware & software:
. Remote terminal unit.
. RTU application software
Install Equipment:
. Mount Remote Terminal Unit in existing structure.
· Mount Proxim radio on antenna structure and conduit provided by others.
· Connect to water control system interface terminal block unit to be furnished as
part of the water system controller furnished by others.
5-4
Mr. Roman McNaughton
Rudolph & Sletton
Page 2 of2
Provide technical services:
. SCADA master station database programming
. Operator workstation graphic screen development
. Site start-up support & Site acceptance testing
. System Documentation
PRICE QUOTATION
ITEM DESCRIPTION QTY UNIT PRICE EXT. PRICE
I Remote Terminal Unit 1 $26,000.00 $26,000.00
w/SlaODlicationso~~e
2 Proxim SUR Radio 1 $1,500.00 $1,500.00
3 SCADA Master Station 1 $1,000.00 $1,000.00
PrOgramming
4 Installation & start-up 1 2,560.00 $2,560.00
assistance (2 days max.)
TOTAL PRICE $31,060.00
Notes:
1. Price does not include taxes if applicable.
2. Shipping not included and will be added to final invoice if required.
3. The actual scope of installation work required to interface to the water control
equipment is not known at this time. This quote is based on 2 electricians for 2
days on site. If additional installation time is required it will be furnished at a rate
of $80.00 per hour, 4 hour minimum.
4. Furnishing of instrumentation and associated electrical installation is not included
and will be quoted separately if required.
5. Payment terms are as follows:
a 30% upon approval ofwdware submittal.
b. 50% upon shipment of equipment.
c. 20% upon completion of start-up and acceptance of SI system.
6. Lead-time is approximately 4 weeks after approval of~ware submittal.
. 7. Additional start-up assistance will be quoted se~tely ifrequired.
Please contact me if you have any questions reg~ding this quotation.
Sincerely,
SYSTEMS INTEGRATED
John P. Holbrook
Director
5289-0al
5-5
Attachment A-2
Sent via e-mail 12/12/05
~. SYSTEMS
.--
-SF!S@ INTEGRATED
8080 Dagget Street. San Diego. CA 92111 Telephone 8581277-0700 FAX 858/277-1490
December 12, 2005
Mr. Brian Walther
CITY OF CHULA VISTA
1800 Maxwell Road
Chula Vista, CA 91911
Re: Salt Creek Park Pump Station RTU Quote
Dear Brian:
Per you request Systems Integrated is pleased to provide the following quotation to
provide a sewage lift station monitoring & control system in accordance with the
standard design for the City of Chula Vista wastewater SCADA system currently under
deployment.
Scone ofSunnlv
Systems Integrated will engineer, furnish and provide installation and start-up assistance
for a Supervisory Control and Data Acquisition (SCADA) Remote Terminal Unit (RTU)
and pump control panel for the Salt Creek Park pump station. 1bis equipment will be
integrated into the City of Chula Vista SCADA system currently under deployment. The
RTU will be manufactured in accordance with the current SCADA system design.
Systems Integrated will provide the following:
Furnish hardware & software:
· Remote terminal unit equipped with Siemens ultrasonic level sensing (Indoor
mount enclosure)
· Pump control panel (Indoor mount enclosure)
· RTU application software
Install Equipment:
· Mount Remote Terminal Unit in existing structure.
· Mount Siemens ultrasonic level sensor in wet well (conduit by others)
· Mount Pump control paneL
· Wire equipment and test. (Existing floats will be used)
5-6
Mr. Roman McNaughton
Rudolph & Sletton
Page 2 of2
Provide technical services:
. SCADA master station database programming
. Operator workstation graphic screen development
. Site start-up support
. Site acceptance testing
. System Documentation
PRICE QUOTATION
ITEM DESCRIPTION QTY UNIT PRICE EXT. PRICE
1 Remote Terminal Unit 1 $26,000.00 $26,000.00
w/SI aoolication software
2 Duplex Pump Control 1 $5,000.00 $5,000.00
Panel (15 horsepower max)
3 . SCADA Master Station 1 $1,000.00 $1,000.00
Pro~"mminn
4 Installation & start-up 1 $4,600.00 $4,600.00
assistance (2 days max.)
TOTAL PRICE $36,600.00
Notes:
1. Price does not include taxes if applicable.
2. Shipping not included and will be added to final invoice if reqnired.
3. RTU will connect to the City of Chula Vista MIS network through Ethernet
connection provided by others.
4. Payment terms are as follows:
a. 30% upon approval of hardware submittal.
b. 50% upon shipment of equipment.
c. 20% upon completion of start-up and acceptance of SI system.
5. Lead-time is approximately 4 weeks after approval of hardware submittal.
6. Additional start-up assistance will be quoted separately if reqnired.
Please contact me if you have any questions regarding this quotation.
Sincerely,
SYSTEMS INTEGRATED
John P. Holbrook
Director
5288-Oal
5-7
Attachment A-3
LY-.] SYSTEMS
1;.@ INTEGRATED
8080 Dagget Street, San Diego, CA 92111 Telephone 8581277-0700 FAX 858/277-1490
November 15,2005
Mr. Brian Walther
CITY OF CHULA VISTA
1800 Maxwell Road
Chula Vista, CA 91911
Re: Contract #SW 218 - DesignlBuild SCADA System
Contract Change Request
Dear Brian:
In accordance with your request for additional work following are the impacts to the
project GMP and schedule:
Item No. I - Relocate radio transceiver at Surrey Place to City owned light pole due to
local resident complaints.
Detailed description:
Relocate SCADA radio transceiver to City owned light pole outside of pump station
fenced area. Provide approximately 50 ft. of%" PVC underground conduit and connect to
existing conduit installed for original installation.
Description PRICE
Furnish materials
. Misc. Installation materials - PVC conduit and cat 5e $200.00
cable.
Provide installation $2,600.00
Total $2,800.00
5-8
Mr. Brian Walther
CITY OF CHULA VISTA
November 15,2005
Page 2 of2
Price Summary
The total increase in GMP is $2,800.00
The total increase in working time is as follows:
. Installation time - 1 days
Total time required 1 working day.
Please call me if you have any questions regarding this quote. Weare prepared to begin
this work immediately.
Sincerely,
SYSTEMS INTEGRATED
John P. Holbrook
Office 858-277-0700 x 2709
Mobile 760-473-4236
5-9
Attachment A-4
[~.]SVSTEMS
...
.....sF!!h INTEGRATED
8080 Dagget Street, San Diego. CA 92111 Telephone 858/277-0700 FAX 858/277-1490
November 14,2005
Mr. Brian Walther
CITY OF CHULA VISTA
1800 Maxwell Road
Chula Vista, CA 91911
Re: Contract #SW 218 - DesignlBuild SCADA System
Contract Change Request
Dear Brian:
In accordance with your request for additional work following are the impacts to the
project GMP and schedule:
Item No.1 - Provide a chemical tank monitoring system for Parkway Pool.
Detailed description:
Provide a system to monitor the amount of sodium hypochlorite stored in tanks at the
pool locations. The system will utilize a electronic chemical scale equipped with a 4-
20mA output that will be monitored by the existing RTU.
Description PRICE
Furnish materials
. 6000 lb capacity chemical scale w/analog output $6,000.00
. Allen Bradley 8 channel A1 module
. Misc. Installation materials
Provide Engineering, programming, testing and
documentation $1,200.00
Provide installation $960.00
Total $8,160.00
5-10
Mr. Brian Walther
CITYOFCHULA VISTA
November 14, 2005
Page 2 of3
Item No.2 - Provide a chemical tank monitoring system for Lorna Verde Pool.
Detailed description:
Provide a system to monitor the amount of sodium hypochlorite stored in tanks at the
pool locations. The system will utilize a electronic chemical scale equipped with a 4-
20mA output that will be monitored by the existing RTU.
Description PRICE
Furuish materials
. 6000 lb capacity chemical scale w/analog output $5,250.00
. Misc. Installation materials
Provide Engineering, programming, testing and ,
documentation $1,200.00
Provide installation $960.00
Total $7,410.00
PriceSummarv
The total increase in GMP is $15,570.00
The total increase in working time is as follows:
. Material lead time - 20 working days
. Engineering & programming modifications - 5 days
. Installation & test time - 10 days
Total time required 35 working days.
Please call me if you have any questions regarding this quote. We are prepared to begin
this work immediately.
5-11
Mr. Brian Walther
CITYOFCHULA VISTA
November 14,2005
Page 3 of3
Sincerely,
SYSTEMS INTEGRATED
John P. Holbrook
Office 858-277-0700 x 2709
Mobile 760-473-4236
5-12
Exhibit A
Second Amendment To
the Design Build Agreement between the City of Chula Vista
and Systems Integrated LLC
For Design and Construction of the
Supervisory Control and Data Acquisition (SCADA) system
This second amendment is made and entered into this day of January 2006 by and
between the City of Chula Vista (herein "City"), a municipal corporation, and Systems
Integrated LLC (herein "Design Builder or DIB"). City and Design Builder are sometimes
hereinafter referred to as Parties ("Parties")
RECITALS
WHEREAS, the City and D/B entered into an agreement ("Original Agreement") dated March
16,2004 and approved by City Council Resolution 2004-078, whereby DIB provides design and
construction services to the City for the construction of a fully functional Supervisory Control
and Data Acquisition (SCADA) system; and
WHEREAS, the first amendment to the Design Build Agreement between the City of Chula
Vista and Systems Integrated LLC was approved by City Council Resolution 2005-109 which
amended the Substantial and Final completion dates; and
WHEREAS, due to additional locations identified by City staff resulting in additional work by
Design Builder, it has become necessary to increase the GMP to cover expenses necessary for
completion of additional work; and
WHEREAS the parties now desire to enter the Second Amendment to the Agreement to increase
the contract amount to incorporate the guaranteed maximum price of $638,780for a fully
functional Supervisory Control and Data Acquisition (SCADA) system, capital improvement
project SW218.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set
forth herein, the City and Design Builder agree as follows:
1. Section 1 of Original Agreement, entitled General Scope of Work to be Performed by
D/B, is hereby amended as follows:
1.3: 1 Perform all services, work and obligations as described herein for the
Guaranteed Maximum Price (GMP), which shall include Design Services
and General Conditions necessary to provide a fully completed and
functional Project. D/B shall perform all Design Services and General
Conditions for the not to exceed amount of $335,000.00(Exhibits 3). At
90% complete construction documents a GMP will be established
pursuant to Section 13 of this agreement, which will include, but not
limited to, the cost for all labor, equipment, and material to design and
5-13
build a fully functional SCADA system. GMP shall not exceed $527,750
$638,780. Any costs incurred by D/B in excess of said GMP shall be the
sole responsibility of the DIB, unless a change order is approved by the
City pursuant to Sections 9 and 14 of this agreement. All funds remaining
in the GMP at the completion of the project shall belong to the City.
1.3.2 Substantial Completion:
Achieve "Substantial Completion" (as defined in ~16.l) no later than ~
519 working days from issuance of Notice to Proceed at execution of
Agreement.
1.3.3. Achieve "Final Completion" (as defined in ~16.2) No later than ~
WerkiRg days frem issliImec ef }jetiee te Proeeed at e){ee-ulieR ef
.^.greemcnt 30 working days from "Substantial Completion".
2. Section 13 of the . Original Agreement, entitled DIB GMP for Services and
Reimbursements, is hereby amended to read as follows:
13.1.1 The GMP shall not exceed $527,750.00 $638,780 and include within
said GMP shall be no more than $335,000.00 for Design Services and
General Conditions as previously identified in Section 1.3.1 of this
agreement.
13.2 Except as otherwise expressly provided in this Agreement, as full and
complete compensation for performance of all services and obligations under this
Agreement, D/B shall be compensated ("DIB GMP") by a sum not to exceed
$527,750 $638,780 GMP shall include within said $527,750 $638,780. Said
$335,000.00.00 for General Conditions and Design Services shall not be exceeded
unless additional services are requested pursuant to ~ 7 above or a change order
issued pursuant to ~ 14. Unless otherwise expressly provided in this Agreement,
DIB GMP shall include full compensation for all costs of any type incurred by
DIB in performing all services and obligations under this Agreement, including
but not limited to the following:
15.3 Phase III - Operation I Start-up services
Total Compensation (GMP) $527,750.00 $638,780
3. Except as expressly provided herein all other provisions of the Original Agreement
and the First Amendment shall remain in full force and affect.
5-14
Signature Page to the Second Amendment to
the Design Build Agreement between the City of Chula Vista
and Systems Integrated LLC
F or Design and Construction of the
Supervisory Control and Data Acquisition (SCADA) system
City of Chula Vista
Systems Integrated LLC
by
Stephen C. Padilla, Mayor
by
Name and Title
Date
ATTEST:
Susan Bigelow, City Clerk
Approved in form by:
Ann Moore, City Attorney
J:\General Selvices\GS Administration\Council Agend:i\SCADA\SW218 SCADA Second Amendment and Signature Page.doc
5-15
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE SECOND
AMENDMENT TO THE AGREEMENT WITH SYSTEMS
INTEGRATED LLC WHICH WILL INCREASE THE
GUARANTEED MAXIMUM PRICE (GMP) FOR THE
PROVISION OF SERVICES REQUIRED TO DESIGN
AND CONSTRUCT THE SUPERVISORY CONTROL
AND DATA ACQUISITION (SCADA) SYSTEM THAT
WILL PROVIDE AN ALARM SYSTEM FOR
CONTROLLING AND MONITORING SEWER
COLLECTION AND PUMP STATIONS THROUGHOUT
THE CITY, AND AMEND THE SUBSTANTIAL AND
FINAL COMPLETION, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AMENDMENT
WHEREAS, the City Council previously approved a Design Build Agreement
with Systems Integrated LLC on March 16, 2004, by Resolution 2004-078, which
established the Guaranteed Maximum Price (GMP) at $527,750 and the First
Amendment, which increased the contract time by 90 days. on March 4, 2004, by
Resolution 2005-109; and
WHEREAS, the project is progressing and due to additional locations identified
by City staff resulting in additional work by Design Builder, it has become necessary to
increase the GMP to cover expenses necessary for completion of additional work; and
WHEREAS, the SCADA system provides an alarm system for controlling and
monitoring sewer collection and pump stations throughout the City. SCADA enables
crews to place more of an emphasis on preventative maintenance by providing real-time
monitoring, instantaneous alarm notification and computerized control of equipment and
critical systems; and
WHEREAS, additional locations contemplated by City to Design Builder
resulting in an increase in the GMP for the additional work are as follows:
Mountain Hawk Park Remote Terminal Unit (RTU)
Salt Creek Park Pump Station RTU
Relocation of radio transceiver at Surrey Place to City owned light pole
Chemical tank monitoring system for Parkway Pool
Chemical tank monitoring system for Lorna Verde Pool
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the Second Amendment to the Agreement of the Design
Build Agreement with Systems Integrated LLC which will increase the Guaranteed
Maximum Price (GMP) for the provision of services required to design and construct the
Supervisory Control and Data Acquisition (SCADA) system, amending the substantial
and final completion dates and authorizing the Mayor to execute said Amendment.
Presented by
Dave Byers
Director of Public Works Operations
~4Ntkg
oore
1 Attorney
5-16
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
,
~M~~4up'
Ann Mo
City Attorney
Dated: I / I{ /06
,
Second Amendment to the Agreement with
Systems Integrated LLC .
5-17
Second Amendment To
the Design Build Agreement between the City of Chula Vista
and Systems Integrated LLC
For Design and Construction of the
Supervisory Control and Data Acquisition (SCADA) system
This second amendment is made and entered into this day of January 2006 by and
between the City of Chula Vista (herein "City"), a municipal corporation, and Systems
Integrated LLC (herein "Design Builder or D/B"). City and Design Builder are sometimes
hereinafter referred to as Parties ("Parties")
RECITALS
WHEREAS, the City and D/B entered into an agreement ("Original Agreement") dated March
16,2004 and approved by City Council Resolution 2004-078, whereby D/B provides design and
construction services to the City for the construction of a fully functional Supervisory Control
and Data Acquisition (SCADA) system; and
WHEREAS, the first amendment to the Design Build Agreement between the City of Chula
Vista and Systems Integrated LLC was approved by City Council Resolution 2005-109 which
amended the Substantial and Final completion dat~s; and
WHEREAS, due to additional locations identified by City staff resulting in additional work by
Design Builder, it has become necessary to increase the GMP to cover expenses necessary for
completion of additional work; and
WHEREAS the parties now desire to enter the Second Amendment to the Agreement to increase
the contract amount to incorporate the guaranteed maximum price of $638,780 for a fully
functional Supervisory Control and Data Acquisition (SCADA) system, capital improvement
project SW218.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set
forth herein, the City and Design Builder agree as follows:
1. Section 1 of Original Agreement, entitled General Scope of Work to be Performed by
D/B, is hereby amended as follows:
1.3.1 Perform all services, work and obligations as described herein for the
Guaranteed Maximum Price (GMP), which shall include Design Services
and General Conditions necessary to provide a fully completed and
functional Project. DIB shall perform all Design Services and General
Conditions for the not to exceed amount of $335,000.00(Exhibits 3). At
90% complete construction documents a GMP will be established
pursuant to Section 13 of this agreement, which will include, but not
limited to, the cost for all labor, equipment, and material to design and
5-18
build a fully functional SCADA system. GMP shall not exceed $638,780.
Any costs incurred by D/B in excess of said GMP shall be the sole
responsibility of the D/B, unless a change order is approved by the City
pursuant to Sections 9 and 14 of this agreement. All funds remaining in
the GMP at the completion of the project shall belong to the City. The
GMP shall include all work previously identified and, Mountain Hawk
Park, Salt Creek Park, relocation of radio at Surrey Place, Chemical tanks
at Lorna Verde Pool and Parkway Pool.
1.3.2 Substantial Completion:
Achieve "Substantial Completion" (as defined in 916.1) no later than 519
working days from issuance of Notice to Proceed at execution of
Agreement.
1.3.3. Achieve "Final Completion" (as defined in 916.2) No later than 30
working days from "Substantial Completion".
2. Section 13 of the Original Agreement, entitled D/B GMP for Services and
Reimbursements, is hereby amended to read as follows:
13.1.1 The GMP shall not exceed $638,780 and include within said GMP shall
be no more than $335,000.00 for Design Services and General
Conditions as previously identified in Section 1.3.1 of this agreement.
13.2 Except as otherwise expressly provided in this Agreement, as full and
complete compensation for performance of all services and obligations under this
Agreement, D/B shall be compensated ("D/B GMP") by a sum not to exceed
$638,780 GMP shall include within said $638,780. Said $335,000.00.00 for
General Conditions and Design Services shall not be exceeded unless additional
services are requested pursuant to 9 7 above or a change order issued pursuant to
9 14. Unless otherwise expressly provided in this Agreement, D/B GMP shall
include full compensation for all costs of any type incurred by D/B in performing
all services and obligations under this Agreement, including but not limited to the
following:
15.3 Phase Ill- Operation / Start-up services
Total Compensation (GMP) $638,780
3. Except as expressly provided herein all other provisions of the Original Agreement
and the First Amendment shall remain in full force and affect.
5-19
Signature Page to the Second Amendment to
the Design Build Agreement between the City of Chula Vista
and Systems Integrated LLC
For Design and Construction of the
Supervisory Control and Data Acquisition (SCADA) system
City of Chula Vista
Systems Integrated LLC
by
Stephen C. Padilla, Mayor
bY'~/Jf)~-La~
Susan Corrales-Diai, Presi~i
Date
ATTEST:
Susan Bigelow, City Clerk
Approved in form by:
Ann Moore, City Attorney
J:\Gencral Services\GS Administration\Council Agenda\SCADA\SW218 SCADA Second Amendment and Signabuc Page.doc
.
5-20
COUNCIL AGENDA STATEMENT
ITEM NO:
MEETING DATE: 1/17/06
ro
ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving a fund
transfer agreement with the State of California Department of
Transportation Planning Grant Funds for the Eastern University District
Transit Plan Project, and appropriating the funds therefore, and authorizing
the Mayor to execute said agreement.
SUBMITTED BY: Director of Planning & BUildin~
REVIEWED BY: City Manager 11 ~'-- rR 4/STHS VOTE: YES X No
SUMMARY:
The Eastern University District Plan will provide a conceptual transit-oriented plan and designs for
a critical 2,000-acre section of the master planned Otay Ranch community with a rapid transit
network linking Otay Ranch's town centers, a university campus, a regional technology park and
other urban centers in the region. Council approved Resolution 2005-324 to apply for and receive
$20 I ,560 in State grant funding for this project, and now the City must sign a formal contract with
the State to begin charging to and receiving reimbursements from this grant.
RECOMMENDATION:
That City Council adopt the resolution authorizing the Mayor to sign the contract with the State of
California to receive community-based transportation planning grant funds for the Eastern
University District Transit Plan Project, and amending the FY 2006 budget of the Planning and
Building department to add the $20 I ,560 in new state grant funding and offsetting expenditures in
services and supplies.
BOARD/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background Summary
The Eastern University District Transit Plan will provide a conceptual transit-oriented plan and
designs for a critical2,000-acre section of the master planned Otay Ranch community. Ultimately,
6-1
Page 2, Item No.: &;
Meeting Date: 1/17/06
the project will provide a state-of-the-art Bus Rapid Transit (BRT) network linking Otay Ranch's
town centers, a university campus, a regional technology park, and an urban center with each other
and with activity centers in downtown San Diego, Southern San Diego County and the region.
Specifically, we are proposing to conduct a series of studies that will form a framework for the
transit network within those centers. The plan will incorporate fmdings from a route analysis, a
station analysis, a facilities analysis, and a traffic analysis. A phasing and implementation plan will
identify task order and dependency as well as capital and operational requirements.
Staff will comply with the formal consultant selection process and return to Council with
recommended contract awards, as applicable.
FISCAL IMP ACT:
This action results in a one-time appropriation of $201,560 to the FY2006 budget, offset by
expenditures in services and supplies. To fulfill State requirements for the grant, the City will
provide matching funds of$50,390 in already-budgeted staff time. .
Attachments
1. Caltrans Grant Contract.
H:\Planning\BobMc\Transport Planning Grant AI13 1-10-06 r2.doc
6-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A FUND TRANSFER AGREEMENT WITH
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TO
RECEIVE COMMUNITY-BASED TRANSPORTATION PLANNING
GRANT FUNDS FOR THE EASTERN UNIVERSITY DISTRICT
TRANSIT PLAN PROJECT, APPROPRIATING THE FUNDS
THEREFORE, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, the City has responsibility to provide a conceptual transit-
oriented plan and design for the Eastern University District; and
WHEREAS, certain local assistance grant funds are made available
annually on a competitive basis by the California Department of Transportation
for community-based transportation planning; and
WHEREAS, in September 2005, City Council approved Council
Resolution 2005-324 authorizing the application for and acceptance of California
Department of Transportation grant funds in the amount of $201,560 for said
project; and
WHEREAS, the State of California requires the City to sign a contract to
begin charging to and receiving reimbursements from this approved California
Department of Transportation grant.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista does
hereby approve the Fund Transfer Agreement ("Agreement") between the City of
Chula Vista and the State of California, acting by and through its Department of
Transportation, on file with the City Clerk.
BE IT FURTHER RESOLVED, that the Mayor is authorized to sign said
Agreement on behalf of the City.
BE IT FURTHER RESOLVED that the FY 2006 budget of the Planning &
Building Department is hereby amended to add the $201,560 in new state grant
revenue and offsetting expenditures in services and supplies.
6-3
Presented by
Jim D. Sandoval
Planning & Building Director
H:\PlanninglBobMclTransit Grant Resa 1-11-06
Approved as to form by
6-4
THE ATTACHED AGREEl\1ENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: / //1106
(
Agreement between the State of California, by and through the Department
of Transportation and the City ofChula Vista
Ann Moore
City Attorney
6-5
Agreement No. 74A0230
City of Chula Vista
Page 1 of 11
FUND TRANSFER AGREEMENT
THIS FUND TRANSFER AGREEMENT (FT A), ENTERED INTO ON December 30, 2005, is
between the State of California, acting by and through its Department of Transportation,
referred to herein as DEPARTMENT, and the City of Chula Vista, hereinafter referred to as
AGENCY.
RECITALS
1. DEPARTMENT and AGENCY, pursuant to Streets and Highways Code section 114 (b),
are authorized to enter in this FTA pertaining to State funding committed for
Transportation studies and planning under the jurisdiction of AGENCY.
EASTERN UNIVERSITY DISTRICT TRANSIT PLAN
1. AGENCY has agreed to implement Eastern University District Transit Plan, hereinafter
the Project, subject to the terms and conditions of this FT A. The Project Description
(Scope of Work and Cost Estimate) is attached hereto as Attachment III.
2. The resolution adopting the Project described above is attached hereto as Attachment II.
This resolution authorizes AGENCY to execute contracts and agreements.
"3. All services performed by AGENCY pursuant to this FTA are intended to be performed in
accordance with all applicable Federal, State, and AGENCY laws, ordinances,
regulations, and DEPARTMENT encroachment permits, published manuals, policies, and
procedures.
4. Project funding is as follows:
FUND TITLE
SHA
FUND SOURCE
LOCAL
DOLLAR AMOUNT
$201,560.00
5. This FT A is exempt from legal review and approval by the Department of General
Services, pursuant to pce section 10295.
SECTION I
AGENCY AGREES:
To satisfactorily complete all Project Work described in Attachment III.
SECTION II
DEPARTMENT AGREES:
DEPARTMENT agrees that when conducting an audit of the costs claimed by AGENCY under
the provisions of this FT A, DEPARTMENT will rely to the maximum extent possible on any prior
audit of AGENCY pursuant to the provisions of State and applicabl.e Federal laws. In the absence
of such an audit, work of other auditors will be relied upon to the extent that such work is
acceptable to DEPARTMENT when planning and conducting additional audits.
6-6
Agreement No. 74A0230
City of Chula Vista
Page 2 of 11
SECTION III
IT IS MUTUALLY AGREED:
In consideration of the foregoing and the mutual promises of the parties hereto, AGENCY and
DEPARTMENT agree as follows:
1. Notification of Parties
a. AGENCY's Project Manager is Jim Sandoval, (619) 691-5002.
b. DEPARTMENT's Contract Manager is Mike Kent, (619) 688-6822.
c. All notices herein provided to be given, or which may be given, by either party to
the other, shall be deemed to have been fuily given when made in writing and
received by the parties at their respective addresses:
City of Chula Vista
Attention: Jim Sandoval, Project Manager
276 Fourth Street
Chula Vista, CA 91910
California Department of Transportation
Planning-District 11
Attention: Mike Kent
P.O. Box 85406
San Diego, C~, 92186-5406
2. Period of Performance
Work under this FTA shall begin on December 30,2005, contingent upon approval of
this FTA by DEPARTMENT, and will terminate on February 28,2007, unless extended
by amendment.
3. Chances in Terms/Amendment
This FT A may only be amended or modified by mutuai written agreement of the parties.
4. Termination'
This FT A may be terminated by either party for any reason by giving written notice to the
other party at ieast thirty (30) days in advance of the effective date of such termination.
In the event of termination by said notice, funds reimbursed to AGENCY will include all
authorized non-cancelable obligations and prior costs incurred
5. Cost Limitation
a. The total amount payable to AGENCY pursuant to this FTA by DEPARTMENT
shali not exceed $201,560.00.
b. It is agreed and understood that this FT A fund limit is an estimate and that
DEPARTMENT will only reimburse the cost of services actually rendered as
authorized by the DEPARTMENT Contract Manager at or below that fund
limitation established hereinabove.
6-7
Agreement No. 74A0230
City of Chula Vista
Page30f11
6. Allowable Costs
a. The method of payment for this FT A will be based on actuai allowable costs.
DEPARTMENT will reimburse AGENCY for expended actual allowable direct
and indirect costs, including, but not limited to labor costs, employee benefits,
and travel (overhead is reimbursable only if the AGENCY has an approved
indirect cost allocation plan) and contracted consultant services costs incurred
by AGENCY in performance of the Project work, not to exceed the cost
reimbursement limitation set forth in 5.a, above. Actual costs shall not exceed
the estimated wage rates, labor costs, travel and other estimated costs and fees
set forth in Attachment III without prior written. agreement between
DEPARTMENT and AGENCY.
b. Reimbursement of AGENCY expenditures will be authorized only for those
allowable costs actually Incurred by AGENCY in the performance of the Project
work. AGENCY must not only have incurred the expenditures on or after the
Effective Date of this FTA and before the Termination Date, but must have also
paid for those costs to claim any reimbursement.
c. Travel expenses and per diem rates are not to exceed the rate specified by the
State of California Department of Personnei Administration for similar employees
(i.e. non-represented employees) unless written verification is supplied that
government hotei rates are not commercially available to AGENCY, or its
contractors, its subcontractors, andlor its subrecipients, at the time and location
required as specified in the California Department of Transportation's Travel
Guide Exception Process.
d. DEPARTMENT wili reimburse AGENCY for all allowable Project costs no more
frequently than monthly in arrears as promptly as DEPARTMENT fiscal
procedures permit upon receipt of itemized signed invoices in triplicate. invoices
shall reference this FT A Number and shall be signed and submitted to the
Contract Manager at the following address:
California Department of Transportation
Planning-District 11
Attention: Mike Kent
P.O. Box 85406
San Diego, CA, 92186-5406
e. Invoices shall include the following information:
1. Names of the AGENCY Personnel performing work
2. Dates of Service
3. Locations of Service (AGENCY - address)
7. Reports
a. AGENCY shall submit written progress reports with each set of invoices to allow
the DEPARTMENT's Contract Manager to determine if AGENCY is performing
to expectations, is on schedule, is within funding cost limitations, to
communicate interim findings, and to afford occasions for airing difficulties
respecting special problems encountered so that remedies can be developed.
b. Any document or written report prepared as a requirement of this FT A shall
contain, in a separate section preceding the main body of the document, the
6-8
Agreement No. 74A0230
City of Chula Vista
Page 4 of 11
number and doilar amounts of ail contracts and subcontracts relating to the
preparation of those documents or reports.
c. AGENCY wili provide five (5) copies and one (1) electronic version of the final
written report to the DEPARTMENT's Contract Manager.
8. Local Match Funds
a. Except where expressly ail owed in writing herein, reimbursement of credits for
local matching funds wili be made or ailowed only for work performed on and
after the start date and prior to the termination date of this FT A, unless
expressly permitted as locai match expenditures made prior to the effective date
of this FTA pursuant to Government Code section 14529.17 or by prior executed
SB 2800 FT A for Locai Match Fund Credit.
b. AGENCY agrees to contribute at least the statutorily or other required local
contribution of matching funds (other than state or federal funds), if any Is
specified within this FT A or in any Attachment hereto, toward the actual cost of
the services described in Attachment III or the amount, if any described In an
executed SB 2800 (Streets and Highways Code section 164.53) agreement for
local match fund credit, whichever is greater. AGENCY shail contribute not less
than its required match amount toward the services described herein on a
proportional monthly or quarterly basis coinciding with its usual invoicing
frequency.
9. Cost Principles
a. AGENCY agrees to comply with Office of Management and Budget Circular A-
87, Cost Principles for State and Locai Government, and 49 CFR, Part 18,
Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments.
b. AGENCY agrees, and wili assure that its contractors and subcontractors will be
obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR,
Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shail be
used to determine the allowability of individual Project cost items and (b) ail
parties shail comply with Federal administrative procedures in accordance with
49 CFR, Part 18, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments. Every sub-recipient
receiving Project funds as a contractor or sub-contractor under this FT A shail
comply with Federal administrative procedures in accordance with 49 CFR, Part
18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
c. Any Project costs for which AGENCY has received payment or credit that are
determined by subsequent audit to be unallowable under Office of Management
and Budget Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are
subject to repayment by AGENCY to DEPARTMENT. Should AGENCY fail to
reimburse moneys due DEPARTMENT within thirty (30) days of discovery or
demand, or within such other period as may be agreed in writing between the
Parties hereto, DEPARTMENT is authorized to intercept and withhold future
payments due AGENCY from DEPARTMENT or any third-party source,
including, but not limited to, the State Treasurer, the State Controller or any other
fund source.
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Agreement No. 74A0230
City of Chula Vista
Page50f11
d. AGENCY agrees to include Project in the schedule of projects to be examined in
AGENCY's annuai audit and in the schedule of projects to be examined under its
single audit prepared in accordance with Office of Management and Budget
Circular A-133.
e. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must
prepare and submit annually to the DEPARTMENT an indirect cost rate proposal
and a central service costs allocation plan (if any) in accordance with Office of
Management and Budget Circular A-87 and Local Program Procedures Manual
(LLP 04-10).
10. Americans with Disabilities Act
By signing this FTA AGENCY assures DEPARTMENT that it complies with the
applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which
prohibits discrimination on the basis of disability, as well as all applicable regulations and
guidelines Issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
11. Indemnification
a. Nothing in the provisions of the Agreement is intended to create duties or
obligations to or rights in third parties to this Agreement or affect the legal liability
of either party to the agreement by imposing any standard of care with respect to
the operation, maintenance and repair of State highways different from the
standard of care imposed by law.
b. Neither DEPARTMENT nor any officer or employee thereof is responsible for any
damage or liability occurring by reason of anything done or omitted to be done by
AGENCY under or In connection with any work, authority or jurisdiction
delegated to AGENCY under this FTA. It is understood and agreed that,
pursuant to Government Code section 895.4, AGENCY shall fully defend,
indemnify and save harmless DEPARTMENT, its officers and employees from all
claims, suits or actions of every name, kind and description brought for or on
account of injury (as defined in Government Code section 810.8) occurring by
reason of anything done or omitted to be done by AGENCY under or in
connection with any work, authority or jurisdiction delegated to AGENCY under
this FT A.
12. Non-Discrimination
a. During the performance of this FT A, AGENCY and all of its subcontractors, if
any, shall not unlawfully discriminate, harass or allow harassment, against any
employee or applicant for employment because of sex, race, color, ancestry,
religious creed, national origin, disability (including HIV and AIDS), mental
disability, medical condition (cancer), age (over 40), marital status, denial of
family and medical care leave, and denial of pregnancy disability leave.
AGENCY and its subcontractors shall ensure that the evaluation and treatment
of their employees and applicants for employment are free from such
discrimination and harassment. AGENCY and its sub-contractors shall comply
with the provisions of the Fair Employment and Housing Act (Government Code
section 12900 et seq.) and the applicable regulations promulgated thereunder
(California Code of Regulations, Titie 2, Section 7285.0 et seq.). The applicable
regulations of the Fair Employment and Housing Commission implementing
Government Code section 12990 (a-f), set forth in Chapter 5 of Division 40fTille
6-10
Agreement No. 74A0230
City of Chula Vista
Page 6 of 11
2 of the California Code of Regulations, are incorporated into this FT A by this
reference and are made a part hereof as if set forth in full. AGENCY and its
subcontractors shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other
agreement.
b. AGENCY shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under this FTA.
13. FundinQ ReQuirements
a. It is mutually understood between the parties that this FT A may have been
written for the mutual benefit of both parties in order to avoid program and fiscal
delays that would occur if the FTA was executed only after ascertaining the
availability of a congressional or legislative appropriation of funds.
b. This FTA is valid and enforceable oniy if sufficient funds are made available to
DEPARTMENT by the United States Government and/or the California State
Legislature for the purpose of this Project. In addition, this FTA is subject to any
additional restrictions, limitations, conditions, or any statute enacted by the
Congress or the State Legislature that may affect the provisions, terms or
funding of this FTA in any manner.
c. It is mutually agreed that if the Congress or the State Legislature does not
appropriate sufficient funds for the program and Project, this FT A shall be
amended to reflect any reduction in funds.
d. DEPARTMENT has the option to void this FTA under the thirty (30) day
termination clause or to amend this FT A to reflect any reduction of funds. In the
event of an unscheduled termination, the DEPARTMENT Contract Manager may
reimburse AGENCY is accordance with the provisions of Article 4 of this Section
III.
14. Records Retention
a. AGENCY, its contractors and subcontractors shall establish and maintain an
accounting system and records that properiy accumulate and segregate incurred
Project costs and matching funds by line item for the Project. The accounting
system of AGENCY, its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles (GAAP), enable the determination of
incurred costs at interim points of completion, and provide support for
reimbursement payment vouchers or invoices. All accounting records and other
supporting papers of AGENCY, its contractors and subcontractors connected
with Project performance under this FTA shall be maintained for a minimum of
three years from the date of final payment to AGENCY and shall be held open to
inspection, copying, and audit by representatives of DEPARTMENT, the
California State Auditor, and auditors representing the federal government.
Copies thereof will be furnished by AGENCY, its contractors, and its
subcontractors upon receipt of any request made by DEPARTMENT or its
agents. In conducting an audit of the costs and match credits claimed under this
FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit
of AGENCY pursuant to the provisions of federal and State law. In the absence
of such an audit, any acceptable audit work performed by AGENCY's external
and internal auditors may be relied upon and used by DEPARTMENT when
planning and conducting additional audits.
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Agreement No. 74A0230
City of Chula Vista
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b. For the purpose of determining compliance with Titie 21. California Code of
Regulations. Section 2500 et seq.. when applicable. and other matters connected
with the performance of AGENCY's contracts with third parties pursuant to
Government Code section 8546.7. AGENCY. AGENCY's contractors and
subcontractors and DEPARTMENT shall each maintain and make avaiiable for
inspection all books. documents. papers. accounting records. and other evidence
pertaining to the performance of such contracts. including. but not limited to. the
costs of administering those various contracts. All of the above referenced
parties shall make such materials available at their respective offices at all
reasonable times during the entire Project period and for three years from the
date of final payment to AGENCY under this FTA. DEPARTMENT. the
California State Auditor. or any duly authorized representative of DEPARTMENT
or the United States Department of Transportation. shali each have access to
any books. records. and documents that are pertinent to a Project for audits.
examinations. excerpts. and transactions. and AGENCY shall furnish copies
thereof if requested.
c. AGENCY. its contractors and subcontractors will permit access to all records of
employment. employment advertisements. employment application forms. and
other pertinent data and records by the State Fair Employment Practices and
Housing Commission. or any other agency of the State of California designated
by DEPARTMENT. for the purpose of any investigation to ascertain compliance
with this FT A.
15. Disputes
a. Any dispute concerning a question of fact arising under this FT A that is not
disposed of by agreement shall be decided by the DEPARTMENT Contract Officer.
who may consider any written or verbal evidence submitted by AGENCY.
b. Neither the pendency of a dispute nor its consideration by the Contract Officer will
excuse AGENCY from full and timely performance in accordance with the terms of
the FT A.
16. Subcontractors
AGENCY shali perform the work contemplated with resources avaiiable within its own
organization and no portion of the work shall be subcontracted without written
authorization by DEPARTMENT's Contract Manager. unless expressly included
(subcontractor identified) in Attachment ill. Any subcontract in excess of $25.000 entered
into as a result of this FT A shall contain all the provisions stipulated in this FT A to be
applicable to AGENCY's subcontractors.
17. Third Partv Contractinq
a. AGENCY shall not award a construction contract over $10.000 or other
contracts over $25.000 [excluding professionai service contracts of the type
which are required to be procured in accordance with Government Code
Sections 4525 (d). (e) and (f)] on the basis of a noncom petitive negotiation for
work to be performed under this FT A without the prior written approval of
DEPARTMENT. Contracts awarded by AGENCY. if intended as local match
credit. must meet the requirements set forth in this FT A regarding local match
funds.
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Agreement No. 74A0230
City of Chula Vista
Page 8 of 11
b. Any subcontract entered into by AGENCY as a result of this FT A shall mandate
that travel and per diem reimbursements and third-party contract
reimbursements to subcontractors will be allowable as Project costs oniy after
those costs are incurred and paid for by the subcontractors.
c. if iocal match is a requirement of these funds, AGENCY must ensure that local
match funds used for the Project meet the requirements outlined in this FT A in
the same manner as is required of all other Project expenditures.
d. In addition to the above, the preaward requirements of third party
contractor/consultants with local agencies must be consistent with Local
Program Policy (LPP 00-05).
18. Labor Code Comoliance
AGENCY shall include in all subcontracts funded by this FTA which contemplates the
actual construction of a public works project paid for by funds allocated under this FT A, a
clause that requires each subcontractor to comply with California Labor Code
requirements that all workers employed on public works projects (as defined in California
Labor Code 1720-1815) will be paid not less than the general prevailing wage rates
predetermined by the Director of the State Department of Industrial Relations.
19. Disabled Veterans Business Enterorise
a. Should Military and Veterans Code sections 999 et seq. be applicable to
AGENCY, AGENCY will meet, 'or make good faith efforts to meet, the 3%
Disabled Veterans Business Enterprises goals (or AGENCY's applicable higher
goals) in the award of every contract for Project work to be performed under this
FTA.
b. AGENCY shall have the sole duty and authority under this FT A and each
amendment to determine whether these referenced code sections are applicable
to AGENCY and, if so, whether good faith efforts asserted by those contractors
of AGENCY were sufficient as outlined in Military and Veterans Code sections
999 et seq.
20. DruQ-Free Workolace Certification
By signing this FTA, AGENCY hereby certifies under penalty of perjury under the laws of the
State of California that AGENCY will comply with the requirements of the Drug-Free
Workplace Act of 1990 (Government Code section 8350 et seq.) and will provide a drug-free
workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations, as required by
Government Code section 8355(a).
b. Establish a Drug-Free Awareness Program as required by Government Code
section 8355(b) to inform employees about all of the following:
1. the dangers of drug abuse in the workplace,
2. the person's or organization's policy of maintaining a drug-free workplace,
6-13
Agreement No. 74A0230
City of Chula Vista
Page 9 of 11
3. any available counseling, rehabilitation, and employee assistance
programs, and
4. penalties that may be imposed upon employees for drug abuse violations.
c. Provide as required by Government Code section 8355(c), that every employee
who works on the proposed contract or grant:
1. wiil receive a copy of the company's drug-free policy statement, and
2. wiil agree to abide by the terms of the company's statement as a condition
of employment on the contract or grant.
Failure to comply with these requirements may result in suspension of payments under this
FTA or termination of this FTA or both, and AGENCY may be ineligible for the award of any
future state contracts if DEPARTMENT determines that any of the foil owing has occurred:
(1) AGENCY has made a false certification or, (2) AGENCY violates the certification by
failing to carry out the requirements as noted above.
21. Relationship of Parties
It is expressly understood that this is an agreement is executed by and between two
independent governmental entities and that this is not intended to, and shall not be
construed to, create the relationship of agent, servant, employee, partnership, joint
venture or association, or any other relationship whatsoever other than that of an
independent party.
22. Equipment Purchase (Bv AGENCY)
a. Prior authorization in writing by the DEPARTMENT Contract Manager shail be
required before AGENCY enters into any non-budgeted purchase order or
subagreement exceeding $500 for supplies, equipment, or consultant services.
AGENCY shall provide an evaluation of the necessity or desirability of incurring
such costs.
b. For the purchase of any item, service or consulting work not covered in the attached
Project Description (Attachment III) and exceeding $500, three competitive
quotations must be submitted with the request or the absence of bidding must be
adequately justified, and prior authorization must be obtained from the
DEPARTMENT's Contract Manager.
c. Any equipment purchased as a result of this FT A is subject to the foilowing:
AGENCY shail maintain an inventory record for each piece of non-expendable
equipment purchased or built with funds provided under the terms of this FT A.
The inventory record of each piece of such equipment shall include the date
acquired, total cost, serial number, model identification (on sale, in accordance
with established DEPARTMENT procedures, purchased equipment), and any
other information or description necessary to identify said equipment. Non-
expendable equipment so inventoried are those items of equipment that have a
normal life expectancy of one year or more and an approximate unit price of
$5,000 or more. In addition, theft-sensitive items of equipment costing less than
$5,000 shall be inventoried. A copy of the inventory record must be submitted to
DEPARTMENT upon request by DEPARTMENT.
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Agreement No. 74A0230
City of Chula Vista
Page 10 of 11
d. At the conclusion of the FTA, or if the FTA is terminated, AGENCY may either
keep the equipment and credit DEPARTMENT in an amount equal to its fair
market value or sell such equipment at the best price obtainable at a public or
private sale in accordance with established DEPARTMENT procedures and
credit DEPARTMENT in an amount equal to the sales price. If AGENCY elects
to keep the equipment, fair market vaiue shall be determined, at AGENCY
expense, on the basis of a competent, independent appraisal of such equipment.
Appraisals shall be obtained from an appraiser mutualiy agreeable to
DEPARTMENT and AGENCY. If it AGENCY is determined to sell the
equipment, the terms and conditions of such sale must be approved in advance
by DEPARTMENT.
e. CFR 49, Part 18 requires a credit to Federal funds when participating equipment
with a fair market value greater than $5,000 is credited to the Project.
f. Any subagreement entered into as a result of this FT A shall contain all of the
provisions of this Article.
23. Disabled Access Review
Disabled access review by the Department of General Services (Office of State Architect)
is required for the construction of all publicly funded buildings, structures, sidewalks,
curbs and related facilities. No construction contract will be awarded by AGENCY unless
AGENCY plans and specifications for such facilities conform to the provisions of sections
4450 and 4454 of the California Government Code, if applicable. Further requirements
and guidance are provided in Title 24 of the California Administrative Code and the
Americans with Disabilities Act (42 USC 12101, et. seq.).
24. Fire Marshal Review
The State Fire Marshal adopts building standards for fire safety and panic prevention.
Such regulations pertain to fire protection design and construction, means of egress and
adequacy of exits, installation of fire alarms, and fire extinguishment systems for any
DEPARTMENT owned or DEPARTMENT occupied buildings per Section 13108 of the
Health and Safety Code. When applicable, AGENCY must assure that any relevant
Project plans meet the standards of the State Fire Marshal to ensure consistency with
DEPARTMENTfire protection standards.
25. Environmental Clearance
Environmentai clearance of Project by AGENCY and/or DEPARTMENT is required prior
to requesting funds for right of way purchase or construction. No department or agency
shall request funds nor shall any department/agency board or commission authorize
expenditures of funds for any project, except feasibility or planning studies, which may
have a significant effect on the environment unless such a request is accompanied by an
environmental impact report per California Public Resources Code section 21102. The
California Environmental Quality Act (CEQA), in California Public Resources Code
section 21080(b)(10), does provide an exemption for rail projects which institute or
increase passenger or commuter services on rail or highway rights-of-way already in use.
26. Public Work
If this Project will result in the construction, alteration, modification or maintenance of a
"Public Work," as that term is defined in the Labor Code, then AGENCY must conform to
the provisions of the Labor Code applicable to Public Works as set forth in said sections
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Agreement No. 74A0230
City of Chula Vista
Page 11 of 11
1720 through 1815, all applicable regulations of the Department of [ndustrial Relations,
and determinations of coverage as issued by the Director of Industrial Relations.
27. Proiect Close Out
The FTA Expiration Date refers to the last date for AGENCY to incur valid Project costs
or credits and is the date the FT A expires. AGENCY has sixty (60) days after that
Expiration Date to make final allowable payments to Project contractors or vendors,
prepare the Project Closeout Report, and submit the final invoice to DEPARTMENT for
reimbursement for a[lowab[e Project costs. Any unexpended Project funds not invoiced
by that sixtieth (60th) day will be reverted and will no [anger be accessible to reimburse
late Project invoices.
ATTACHMENTS:
The following attachments are incorporated into and are made a part of this FT A by this reference
and attachment.
I. Accounting & Audit Guidelines
II. AGENCY Resolution
III. Scope of Work, Schedule, and Costs
IN WITNESS WHEREOF, the parties hereto have executed this FT A on the day and year
first herein above written:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
CITY OF CHULA VISTA
By:
By:
Tit[e: Contract Officer
Title:
Date:
Date:
By:
Title:
Date:
By:
Title:
Date:
6-16
Contract No.7 4A0230
City of Chula Vista
Attachment I
Page 1 of 4
ATTACHMENT I
ACCOUNTING & AUDIT GUIDELINES FOR
AGREEMENTS WITH DEPARTMENT
INTRODUCTION
The purpose of this information is to outline for you, a potential contractor with the California State
Department of Transportation (DEPARTMENT), the basic elements of an adequate accounting
system, and the types and objectives of audits that will be performed in relation to your contract.
In order to successfully compete for a contract and meet the audit requirements, a contractor
(whether a prime or subcontractor) must have a system of record keeping and internal control.
Although a specific cost accounting system is not required, a contractor needs a system that will
assure compliance with the terms of the agreement. A pre-award audit will be performed to
assure you meet these requirements prior to contract execution. If your system is deficient, the
contract will not be executed.
DEPARTMENT reimburses, through your overhead rate, the costs attributable to establishing and
maintaining a cost accounting system.
Staff time and other costs related to an audit performed of your contract are also normally
reimbursed through your overhead rate.
ACCOUNTING SYSTEM
Contractors (whether a prime or subcontractor) planning to contract with DEPARTMENT must
have an accounting system which meets the following objectives:
. The ability to record and report ~inancial data in accordance with generally accepted
accounting principles.
. A system of record keeping to ensure that costs billed to DEPARTMENT are:
a. Supported by adequate documentation.
b. In compliance with the terms of the contract and applicable Federal and State
regulations specified in the contract.
. A system of record keeping which ideally includes the following:
a. A General Ledger
b. Job cost ledger
c. Labor distributions
d. Time records
e. Subsidiary journals
f. Chart of accounts
g. Financial statements
. The ability to accumulate and segregate reasonable, allocable (incurred soleiy for a project)
and allowable (per terms of the contract) costs through the use of a cost accounting system.
The following are some of the attributes which would ideally be found in such a system:
6-17
Contract No. 74A0230
City of Chula Vista
Attachment I
Page 2 of 4
a. A chart of accounts that includes indirect and direct general ledger accounts.
Indirect costs are not specifically identified to a project, for example, rent and/or
utilities. Direct costs are specifically identified with a project, for example,
drafting hours and/or design hours.
b. Segregation of costs by contract, category of cost and milestones (if applicable).
c. Proper recording of direct and indirect costs. For example, recording of labor
costs should provide that non-project indirect hours are recorded on a timesheet
and in the accounting records to an administration, vacation, sick leave or other
indirect cost account/code. Direct project hours should be recorded on a
timesheet and in the accounting records to a direct project cost account/code.
d. Consistent accounting treatment of costs in recording and reporting. For
example, if travel expense is charged directly to a project, all travel expense
incurred on any project should be considered a direct cost. As a result, project
related travel, whether reimbursable per the contract terms or not, should not be
included as an indirect cost.
e. Ability to trace from invoices submitted to DEPARTMENT to job cost records and
original, approved source documents, for exam pie, timesheets, vendor invoices,
canceled checks.
f. Ability to reconcile job cost records to the accounting records.
. Compliance with cost principles described in the Code of Federal Regulations 48, Federal
Acquisition Reguiations System (FAR), Chapter 1, Part 31. Information on how to obtain this
regulation is described under "Audit Criteria" in this brochure.
. Procedures to monitor and adjust projected overhead rates to actuai rates.
. Controls to ensure that written approval is obtained prior to any changes to the contract.
. Procedures to retain accounting records and source documentation as required by the terms
of the contract.
. A system of internal control that provides reasonable assurance that assets are protected;
financial data, records and statements are reliable; and errors and irregularities are promptly
discovered, reported, and corrected. The elements of a system of internai control should
include, but not be limited to, the following:
a. Separation of duties for proper protection of assets. incompatible duties are
those that place any person in a position to both perpetrate and conceal errors or
irregularities in the normal course of business. For example, the person who
writes checks should be different from the person who reconciles bank
statements and the person who purchases goods should be different from the
person who receives goods. .
b. Limiting access to assets to only authorized personnel who require these assets
in the performance of their assigned duties. For example, blank check stock
should be locked in a safe when not in use.
c. Authorization and record keeping procedures that provide effective accounting
control over assets, liabilities, revenues, and expenditures.
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Contract No. 74A0230
City of Chula Vista
Attachment I
Page 3 of 4
d. A system of practices to be followed in the performance of duties and functions.
Such a system normally includes policies and procedures that establish the
purpose and requirements of the accounting system. For example, timekeeping
practices should ideally provide for the following:
Timesheets be prepared, signed, and dated by all employees.
Timesheets be completed in non-erasable ink.
Timesheet corrections be crossed-out and initialed by the employee.
Timesheets be signed by a supervisor as reviewed and retained on file
as required by the contract.
e. Personnel with skills and training commensurate with their responsibilities.
f. A system of internal review. For example, bank reconciliations and travel
expense claims should be reviewed approved and signed by a supervisor.
AUDITS
Contractors, whether a prime or subcontractor, performing under a negotiated contract with
DEPARTMENT are subject to the following audits:
PREAWARD AUDITS
Prior to the award of a contract, the DEPARTMENT Audits and Investigations will conduct a pre-
award audit to determine if the contractor's accounting system is adequate to accumulate and
segregate costs as detailed in the previous section and to determine if the proposed costs are
reasonable. The audit alerts both the contractor and DEPARTMENT management to problems
relative to the contractor's cost proposal and cost accounting system. Due to time constraints in
the award process, your cooperation in scheduling the pre-award audit with short notice will
expedite the execution of your contract.
INTERIM AUDITS
Interim audits are performed on an as needed basis. During the pre-award audit, if it is
determined that the contractor's accounting system is new or minor deficiencies are noted, an
interim audit is scheduled to determine that the system is functioning adequately to ensure that
billed costs are supported and that any deficiencies were corrected. An interim audit may be
requested by the contract administrator or by DEPARTMENT management to address concerns
during the course of the contract. Aiso, an audit manager may initiate an interim audit of a long
duration contract to ensure that costs reimbursed to date are allowable.
POST AUDITS
Post audits of contracts are performed routinely after project completion. Post audits are
performed to determine whether the costs claimed are allowable, allocable, reasonable, and in
compliance with the Federal and State laws and regulations as well as the fiscal provisions
stipulated in the contract. The examination includes reviews of applicable laws and regulations,
the contract requirements and the contractor's internal controls systems. Audit tests of the
contractor's accounting records and other auditing procedures considered necessary will also be
performed. Applications of all audit procedures would also be governed by the individual contract
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Contract No. 74A0230
City of Chula Vista
Attachment I
Page 4 of 4
under audit. Unsupported or unallowable costs are normally the result of weaknesses in the
accounting system and will be reimbursed to DEPARTMENT.
To provide contractors with a procedure for obtaining prompt and equitable resolution to a dispute
arising from a post-audit of a non-highway construction cost reimbursement coniract,
DEPARTMENT has established an Audit Review Committee (ARC). Information explaining the
ARC should be found in your contract and/or as an attachment to the post-audit report.
AUDIT CRITERIA
For specific information regarding basic cost accounting systems and applicable State and
Federal regulations, please see the following:
Code of Federal Reoulations 48. Federal Acauisition Reaulatlons Svstem. Chaoter 1. Part 31
This regulation contains cost principles and procedures for the pricing of contracts/subcontracts
and the determination, negotiation, or allowance of costs. Contact:
Superintendent of Documents
Government Printing Office
Washington, DC 20402
Washington D.C.
San Francisco
Los Angeles
(202) 783-3238
(415) 512-2770
(213) 239-9844
California State Administrative Manuai
A reference source for statewide policies, procedures, regulations, and information. Contact:
Office of State Publishing
Department of General Services
(916) 445-2295
For review of the above references, contact your local library or the California State Library.
California State Library/Library and Courts Building
914 Capitol Mall
P. O. Box 942837
Sacramento, CA 94237-0001
Information: (916) 654-0261
For assistance in establishing an accounting system that will meet the objectives outlined in this
brochure, you should contact an accountant and/or bookkeeper whom is familiar with cost
accounting systems.
DEPARTMENT is an affirmative action employer. Equal opportunity is offered to all regardless of
race, color, creed, national origin, ancestry, sex, marital status, disability, religious or political
affiliation, age or sexual orientation. Contractors that contract with DEPARTMENT are
responsible for taking necessary and reasonable steps to achieve these same goals.
6-20
~._-
ATTACHMENT II
Contract No.7 4A0230
City ot Chula Vista
Attachment II
Page 1 of 2
RESOLl JION NO. 2005-324
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE APPLICATION FOR .A.t<TI
ACCEPT.A..o"iCE OF A COMMll?'-fITY-BASED TR..A...1\jSPORTATIO;-';
PL<\NNING GRANT FROM BE STATE OF C.ALIFORN1A FOR
THE EASTERN IDlIVERSITY DISTRICT TR..A.NSIT PLAN
PROJECT, ;\;'iD AUTHORIZNG THE COMMITMENT OF IN-
~TI tvLATCHING FUi':DS THEREFOR
V\'l1EREAS, the City seeks to develop a conceptual transit-oriented plan and design for
the Eastern University District; and
WHEREAS, certain local assistance grant funds are made available annually on a
competitive basis by the California Department of Transportation for community-based
transportation planning; and
t'/rJ)/Z-~"1
WHEREAS, the City proposes a local match of. $~O as in-k'ind contribution for the
Eastern University District Transit Plan Project and seeks grant funding from the California
Department of Transportation to fund the cost of hiring a transportation planning consultant to
complete the project at an estimaled consulting cost of $20 I ,560; and
\l;l1EREAS, the grants are awarded pursuant to guidelines established by the California
Department of Transportation for determination of project eligibility for funds; and
WHEREAS, said procedures established by the California Department of Transportation
require the Granlee to certify, by resolution, the approval to apply for and accept grant funds and
provide authorization to enter into an agreement with the California Department of
Transportation for said funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the application for and acceptance of $20 I ,560 in State of California
Community-Based Transportation Planning Grant funds for the Eastern University District
Transit Plan Project.
r>-) BE_ IT FURTHER RESOLVED that the City Council hereby authorizes the commitment
of $~ as in-kind local matching funds to this project.
f;*,~"'i'L
BE IF FCRTHER RESOLVED that the City Council names the Mayor as the office
authorized and empowered to execute a contract with the California Department of
Transportation.
PreseOled by
Approved as to form by
A/JJ~k
J~s D. Sandoval
l%nnin[! & Building DireclOr
- -
~~~~
Ann Moore
City Attorney
6-21
Resolution No. 2005-32-1
Contract NO.7 4A0230
City of Chula Vista
Attachment II
Page 2 of 2
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California. this 20th day of September, 2005, by the follo,^,ing vote:
AYES:
Councilrnernbers:
Castaneda, McC ann, Rindone, and Padilla
NAYS:
Councilrnernbers:
None
..<\.BSENT:
Couneilmembers:
Davis
, !mli
Stephen C. Pa illa, Mayor
ATTEST:
~ ~ ;;;;;S ...
.2-JJ.I.~ l ~J...... ~
Susan Bigelow, MMe, City Clerk \J
STATE OF CALIFOR..l\lA )
COUNTY OF SAN DIEGO )
CITY OF CHuLA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2005-324 was duly passed, 'approved, and adopted by the City Cou:J.cil at a
regular meeting of the Chula Vista City Council held on the 20th'day of September, :W05.
Executed this 20th day of September, 2005.
~ ~ -:>.0....1.'1 J ~ r-:::::S'~. ~ ~
Susan Bigelow, MMC, City Cle
.J
6-22
Agreement No. 74A0230
City of Chula Vista
Attachment III
PageIof6
ATTACHMENT III
SCOPE OF WORK, SCHEDULE AND COSTS
CITY OF CHULA VISTA
EASTERN UNIVERSITY DISTRICT TRANSIT PLAN
T kO
I
I
1M
as ne - Public nvo vement eetinl!:s
Community involvement will continue to include critical input from a
specially appointed citizens advisory committee. This committee will be
dedicated solely to guiding the progress of the Eastern University District
Transit Plan. The committee will provide a means for focused ongoing
involvement in the planning process by key stakeholder groups, citizens,
and members of City boards and commissions. They will also help
maintain ongoing community participation and ownership of the project by
ensuring that the interests and desires of the community are reflected in the
planning process. Monthly advisement meetings with city Planning Team
staff and consultants will be ongoing throughout the project. In addition, at
Methods: various stages throughout the project, open public hearings will be
announced and conducted in order to ensure that the public is informed
about the project's progress and the city's adherence to the project vision.
To aid in achieving this objective, an information link to the project will be
made available to the public on the City website. The consultant shall be
available to attend project status meetings, project briefings, and City
Council meetings, and shall be responsible for assisting with the
preparation of materials for those meetings. As part of this project, a
project review committee of the public and city staff will be formed to
review and provide input into this project on a monthly basis. The
consultant will be responsible for providing materials as requested.
Responsible party: Planning Department Team & Consultant
Fund sources: Developer Processing Fees, California State Transportation Planning Grant
Budget: $12,093
Deliverables: Meeting materials and assistance, as requested by the Planning Department
Team.
Community-Based Transportation Planning Grant
City ofChula Vista, Planning Department 6-23
Agreement No. 74A0230
City ofChula Vista
Attacmnent III
Page2of6
T kT
St ti An 1
as wo- a on alysls
The consultant should evaluate the feasibility for near-term use of station
sites in the Eastern Urban Center (EUe) and Village 9. If stations are
identified that are not feasible in the near term, the consultant should
Methods: evaluate alternative station sites if warranted based on potential ridership
and system connectivity. This analysis should further include an evaluation
of where stations could be added or deleted to speed the service and/or
provide better access to transit centers via surface streets. ,
Responsible party: Planning Department Team & Consultant
Fund sources: Developer Processing Fees, California State Transportation Planning Grant
Budget: $14,513
Technical report - Station Locations Plan for EUC and Village 9
Deliverables: (including concept drawings of station layout, an evaluation of station
locations for near-term implementation, and an evaluation of potential
additions/deletions to speed service and increase access).
T kTh
TffiAl
as ree- ra Ie nalYSIS
The consultant will be tasked with evaluating where priority treatments
would be needed along the various identified transit routes. These may
include the use of dedicated lanes, the need for signal priority, queue
jumpers, etc. This task should also involve an analysis of how the priority
treatments will function and their traffic impacts. The consultant should
Methods: evaluate connectivity between the university campus and Village 9 across
Eastlake Parkway and the various alternatives for creating seamless
transition in function between them. A related evaluation should examine
how the elimination or reduction of Eastlake Parkway would impact the
quality of nearby or parallel facilities in adjacent villages, specifically the
pedestrian-orientation of Village 9's couplets within the Town Center. The
consultant should also identifv~the need for a traffic impact analysis. .
Responsible party: Planning Department Team & Consultant
Fund sources: Developer Processing Fees, California State Transportation Planning Grant
Budget: $96,749
Deliverables: Technical report - Evaluations Report (including the need for a traffic
impact analysis).
Community-Based Transportation Planning Grant
City of Chula Vista, Planning Department 6 - 2 4
Agreement No. 74A0230
City of Chula Vista
Attachment III
Page 3 of6
Task Four -
Annurtenant Facilities AnalysIs
This study should evaluate the feasibility of appurtenant station support
facilities, such as those that support both vehicular and pedestrian access,
nearby land uses such as parking lots, and park 'n ride capability. Studies
should also include on-site and/or pedestrian-convenient transit-supportive
land uses for the Eastern Urban Center (EUC) and Village 9 that provide
convenient feeder bus connections, amenities that provide a safe, quiet and
pleasant environment for passengers, and a BR T access pattern that
minimizes out-of-direction travel and station access and dwell times.
Responsible party: Planning Department Team & Consultant
Methods:
Fund sources: Developer Processing Fees, California State Transportation Planning Grant
Budget: $14,513
Deliverables: Technical report - Appurtenant Facilities
Task Five - Conce tual En ineerin Sketches
The consultant will be responsible for developing sketch level drawings
indicating the right-of way required for the stations, the layout, right-of-
way required for priority treatments (dedicated lanes, queue jumpers),
access into and out of the station (pedestrian and vehicular), land use
integration, and park 'n ride capability. This task should also involve
conce tual desi s for the identified stations.
Responsible party: Planning Department Team & Consultant
Methods:
Fund sources:
Developer Processing Fees, California State Transportation Planning Grant
Budget:
Deliverables:
T kS'
C 't I C t E f
t
as IX- aD! a os SIma es
The consultant will be tasked with developing an order of magnitude
Methods: capital cost estimate for implementing the improvements that are indicated
by the traffic analysis.
Responsible party: Planning Department Team & Consultant
Fund sources: Developer Processing Fees, California State Transportation Planning Grant
Budget: $21,769
Technical report - Capital Cost Summary, documenting results of the
Deliverables: analysis. This document will contain all the background/support
information indicating how the final results were developed.
Community-Based Transportation Planning Grant
City of Chula Vista. Planning Department 6 - 2 5
Agreement No. 74A0230
City of Chula Vista
Attachment III
Page4of6
T kS
Ph
dI
I
PI
as even - aSlDl!: an mpJ ementation an
The consultant will develop a phasing plan for implementation of the
transit-oriented project within [the project area]. The phasing plan should
identify which actions are dependent upon other actions and which can be
Methods: implemented independently. The phasing plan should clearly indicate how
the system can be phase into its entirety over five years. Each phase should
indicate what is required in terms of capital acquisition, construction,
operations/service plans, and how the project would be built up to achieve
full implementation.
Responsible party: Planning Department Team & Consultant
Fund sources: Developer Processing Fees, California State Transportation Planning Grant
Budget: $29,023
Deliverables: Technical report - Phasing & Implementation Plan, documenting results of
the analysis.
Community-Based Transportation Planning Grant
City of Chula Vista, Planning Department 6 - 26
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Agreement No. 74A0230
City of Chula Vista
Attachment III
Page 6 of6
Project Summary Sheet-Revised 10/7/2005
Work Element: Eastern University District Transit Plan
Obiective
Develop a conceptual transit plan for a project in the Eastern University District that will ultimately
provide a state-of-the-art Bus Rapid Transit (BRT) network linking town centers, a university
campus, a regional technology park, and an urban center with each other and with activity centers in
downtown San Diego, Southern San Diego County and the region.
Discussion
Outcomes from a series of analyses will form a framework for the transit network. Tbe transit plan
will incorporate findings from a station analysis, a facilities analysis, and a traffic analysis. A
phasing and implementation plan will identify task order and dependency as well as capital and
operational requirements. Tbe planning process will incorporate the active input of the community.
It will also be aligned with the San Diego Association of Govemment (SANDAG)'s Transit First!
regional strategy for Southern San Diego County, and will also support Caltrans transportation
planning priorities for the state and region.
Previous Work Completed
A citywide General Plan update is nearing completion; numerous studies, workshops, analyses
including a route analysis, and other activities centered on the critical elements of transit and the
development of the Otay Ranch and the Eastern University District. SANDAG's Transit First!
Program is in the early action phases of implementation, paralleling the city's transit planning
process for the Eastern University District. Both processes have included significant community
involvement, citizen workshops, and more than 70 community meetings.
Tasks
% of Work
Cost $
I. Public Involvement / Meetings
2. Station Analysis
3. Traffic Analysis
4. Appurtenant Facilities Analysis
5. Conceptual Engineering Sketches
6. Capital Cost Estimates
7. Phasing & Implementation Plan
5%
6%
40%
6%
22%
9%
12%
$ 12,093
$ 14,513
$ 96,749
$ 14,513
$ 53,212
$ 21,769
$ 29,023
Products
I. Meeting Materials, Community Presentations
2. Station Locations Plan
3. Evaluations Report
4. Appurtenant Facilities Report
5. Conceptual Maps
6. Capital Cost Sui:nmary
7. Phasing & Implementation Plan
Revenues
Transportation Planning Grant
Developer processing fees
Total
$ 201,560 (80%)
$ 40,312 (20%)
$ 241,872 (100%)
Expenditures
Staff services
Consultant costs
$ 24,187 (10%)
$ 217,685 (90%)
$ 241.872 000%)
Community-Based Transportation Planning Grant 6- 2 8
City of Chula Vista, Planning Department
COUNCIL AGENDA STATEMENT
"
ITEM No.:
MEETING DATE: 1/17/06
SUBMITTED BY:
Resolution of the City Council of the City of Chula Vista approving the
agreement with Accela, Inc. to purchase and implement three new Permits
Plus System modules, waiving the formal consultant selection process, and
authorizing the Mayor to sign the agreement.
Director of Planning & Building Y
City Manager 11 /cc if
4/5THS VOTE: YES
Nol
ITEM TITLE:
REVIEWED BY:
SUMMARY:
The Permits Plus System is used by City's development departments to process permit
applications, and has been since 1991. This contract approves the purchase of three new modules
to enhance customer service: 1) Wireless module for field inspections, 2) GIS module for live
integration with the City's GIS database, and 3) Emergency Response module for damage
assessment in the field subsequent to a disaster. This project is an approved Capital Improvement
Project in the FY06 budget.
RECOMMENDATION:
Staff recommends City Council approve the resolution.
BOARD/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Backl!:round
In 1991, the City's Building & Housing Department purchased the Permits Plus system in a move
to create an automated permit process, and create a central repository for permit data. In the last
fourteen years, more enhanced versions of the system software have replaced the original, and use
of the system has expanded to include permit processing not only from Building, but also Planning,
Engineering, Community Development, Finance, Business License, Fire, Police and Management
Information Systems. There are 225 City users of the database, and the system interfaces with the
GIS system and will soon interface with the City's Quadrant system at the Finance counter.
The City has a dedicated Programmer Analyst in MIS to manage the Permits Plus System and
database, and a dedicated Senior Management Assistant for Planning & Building to customize user
needs and processes. During FY 04-05, more than $28 million in fee generating activity, primarily
permitting, was processed through the Permits Plus system. The system is used in issuing permits,
7-1
Page 2, Item No.: 1
Meetillg Date: 1/17/06
opening and tracking case files, storing property-related historical information, storing land-use
related information and workflow tracking. With a telephone, customers can check the status of
their permits or plan checks, or schedule an inspection by interfacing with the Permits Plus system
using the Interactive Voice Response system.
Requested Enhancements
Three modules are being requested in the contract under consideration. The contract includes the
purchase of the software modules, and the labor required by the vendor to customize the modules
to meet the City's needs. The three modules are Accela Wireless, Accela GIS and Accela
Emergency Response.
Accela Wireless
During FY 01-02, the City contracted with Enforcer Software Technologies, LLC to provide a
Permits Plus interface so building inspectors could take handheld computers into the field while
conducting their inspections. When the inspectors returned to the office, they placed their handheld
computers in cradles linked to the Permits Plus system, and the data from their inspections were
downloaded directly, which effectively eliminated the need for manual end-of-the-day closeout for
each inspection. This savings in time allowed inspectors to conduct more inspections during each
shift. We went to a third party vendor because Accela did not offer this product. While our
experience with this system has been predominantly positive and have kept us on the leading edge
of this technology, the City's reliance on a small vendor could leave us vulnerable should the
vendor go out of business.
Accela now offers a wireless module that has the same features as Enforcer Software, but is
integrated more completely with Permits Plus and has the support from a 25-year-old company that
the City has been using for fourteen years. The building inspectors and code enforcement officers
will be able to conduct their inspections and record data on a handheld computer as they did before.
As the name suggests, the City may also take advantage of wireless technology to give the Permits
Plus system live status updates rather than waiting to return to the office to cradle computers.
Accela GIS
The most important advantage of using Accela GIS will be the automatic update of the Permits
Plus database using data from GIS. This will ensure consistency between the databases, and
improve accuracy. This is currently a manual effort involving MIS staff. This module also enables
end users to create thematic maps on their own according to their criteria and lets the GIS staff
concentrate on more database and programming activities. For example, code enforcement officers
will be able to create maps showing all violations of a certain type for a specific time period and/or
for a given area. Specific GIS information layers can also be maintained by the end users
themselves, once again, according to their needs. For example, a point layer showing the location
of graffiti sites is a layer that could be maintained by end users.
Accela GIS will also offer the ability to do buffering and proximity alerts. This can be coupled
with our mail labels application to provide enhancements to our notification procedures. It can also
7-2
Page 3, Item No.: 7
Meeting Date: i7i7!06
be used by Planning staff directly at the front counter to check if there are zoning conflicts for a
particular project application. Finally, Accela GIS offers a way for each user to customize the look
of the GIS module so that it will always retain the functions and layers that are of interest to that
user. This is not possible at this time with cvmapper, the current GIS end-user tool.
Accela Emergencv Response Svstem
The vendor is providing the Emergency Response System to the City for only the cost of
implementation. The City is purchasing the Wireless and GIS modules, and both of these modules
help optimize the Emergency Response System. By utilizing the wireless module, building
inspectors can track assessed damage to structures due to a disaster, track building tagging
information, and immediately communicate damage assessment statistics with real-time data.
Utilizing the GIS module allows staff to immediately create GIS maps of all buildings and
structures in the damaged area, enabling staff to focus relief efforts in areas showing damage
concentration.
Consultant Selection Process
Permit Plus is the current software development services departments at the City currently use to
process permit applications, and the City has used the software for fourteen years. Accela, the
vendor providing this software, is an acknowledged industry leader, and the City has been satisfied
with the performance of the software. The possibility of integrating the functionality of these three
new modules using the programming capabilities of a third vendor is unknown at this time, but
staff estimates the dollar amount of such an effort combined with the use of internal staff time to
assist the third vendor makes this an impractical option. To go out to bid for a completely new
permitting system would exceed the amount of the Capital Improvement budget, add staff training
time for a new system, add considerable time to adding the functionality of the new modules, and
necessitate complete re-training of the two dedicated specialists for the Permits Plus system. For
these reasons, the second option is also impractical. Due to the impracticality of conducting a new
request for proposal process, staff recommends Council waive the formal consultant selection
process.
FISCAL IMP ACT:
The funding for this project was approved by Council in the FY2006/2007 Capital Improvement
Budget. The CIP project number is GGln and includes $100,000 in funding from geographic
information system development impact fees and $100,000 in funding from residential construction
tax. There will be ongoing annual software service agreement costs of $12,996 for the Accela
Wireless module, and $3,796 for the Accela GIS module.
Attachments
1. Two-party agreement with Accela, Inc.
H:\Bld_Hsg\BobMc\AccelaAI1311.30-0S.doc
7-3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE AGREEMENT WITH ACCELA, INC. TO PURCHASE
AND IMPLEMENT THREE NEW PERMITS PLUS@ SYSTEM MODULES,
WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND
AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT.
WHEREAS, the City has responsibility of processing applications for
development within City boundaries; and
WHEREAS, in 1991 City purchased Permits Plus@automation software
for processing said applications, and has continued to utilize and upgrade this
software to meet City's development processing needs; and
WHEREAS, during the FY 06 Capital Improvement Project budget
process, $200,000 was allocated by City Council approval to purchase and
implement three additional software modules for the existing Permits Plus@
system; and
WHEREAS, for the cost of this software upgrade, it is impraotical for the
City to solicit bids from third-party vendors since the Permits Plus@ system is
proprietary so would never achieve the same integration as this purchase, and
would involve a considerable amount of internal staff time to educate a third
party; and
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista does hereby
approve the agreement with Accela, Inc. to purchase and implement three new
Permits Plus@ system modules.
BE IT FURTHER RESOLVED that the formal consultant selection process is
hereby waived.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign said
agreement.
Presented by
Approved as to form by
J. D. Sandoval
Planning & Building Director
H:IBld_HsglBobMclAccela Perm Plus Reso 9-S-0S.doc
1."'54.
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dated: January 4,2006
AGREEMENT WITH ACCELA, INC. FOR
SOFTWARE PURCHASE AND INSTALLATION
7-5
Parties and Recital Pagels)
Agreement between
City of Chula Vista
and
Accela, Inc.
For Software Purchase and Installation
This agreement ("Agreement"), dated 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, the City has responsibility of processing
applications for development within City boundaries; and
WHEREAS, in 1991 City purchased Permits Plus@ automation
software for processing said applications, and has continued to
utilize and upgrade this software to meet City's development
processing needs; and
WHEREAS, during the FY 06 Capital Improvement Project budget
process, City Council approved the allocation of funding to
purchase and implement three additional software modules for the
existing Permits Plus@ system; and
WHEREAS, for the cost of this software upgrade, it is
impractical for the City to solicit bids from third-party vendors
since the Permits Plus@ system is proprietary so would never
achieve the same integration as this purchase, and would involve
a considerable amount of internal staff time to educate a third
party and, therefore, the City Council has approved a waiver of
the competitive bidding requirements pursuant to CVMC section
2.56.070; and
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
2ptyAccela 11-02-05
Page 1
7-6
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
2ptyAccela 11-02-05 Page 2
7-7
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 ~nd
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
Sch!dule 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
2ptyAccela 11-02-05
Page 3
7-8
"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 care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and
sub:onsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following
categories, and to the limits specified, policies of which are
issued by Insurance Companies that have a Best's Rating of "A,
Class V" or better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or .rented by 'Consultant, which
names City as an Additional Insured, and which is primary to any
policy which the City may otherwise carry ("Primary Coverage"),
and which treats the employees of the City in the same manner as
members of the general public ("Cross-liability Coverage") .
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage
required, prior to the commencement of services required
this Agreement, by delivery of Certificates of Insurance
herein
under
2ptyAccela 11-02-05
Page 4
7-9
demonstrating same, and further indicating that the policies may
not be canceled without at least thirty (30) days written notice
to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required
under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond in the form
prescribed by the City and by such sureties which are authorized
to transact such business in the State of California, listed as
approved by the united States Department of Treasury Circular
570, http://www.fms.treas.gov/c570, and whose underwriting
limitation is sufficient to issue bonds in the amount required by
the agreement, and which also satisfy the requirements stated in
Section 995.660 of the Code of Civil Procedure, except as
provided otherwise by laws or regulations. All bonds signed by
an agent must be accompanied by a certified copy of such agent's
authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to
issue bonds for the limits so required. Form must be
satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Performance Bond",
in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit
callable by the City at their unfettered discretion by submitting
2ptyAccela 11-02-05
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to the bank a letter, signed by the City Manager, stating that
the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and
amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Letter of
Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City
and to otherwise comply with Title 5 of the Chula Vista Municipal
Code.
2. Duties of the City
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
agr~es 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
2ptyAccela 11-02-05
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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 "checlanark" 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
thereunder is proper, and shall specifically contain the City's
account number indicated on Exhibit A, Paragraph 18 (C) t~ be
charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have
corr.plied .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 nave withheld from monies due, the sum of Liquidated Damages
Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate") .
2ptyAccela 11-02-05
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Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City's Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect of delays to the work
and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for
the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in
such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the
City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represent~ 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 ~onflicting Interests.
2ptyAccela 11-02-05
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Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
excapt with the written permission of City.
7. Hold Harmless
2ptyAccela 11-02-05
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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.
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
2ptyAccela 11-02-05
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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
amO'Jnts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in 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
rea3on, 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
Con3ultant 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.
2ptyAccela 11-02-05
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City hereby consents to the assignment of the portions of
the Defined Services identified in Exhibit A, Paragraph 17 to the
subconsu1tants 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 S.tates 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 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
2ptyAccela 11-02-05
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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.
good
over
Upon request by City, Consultant shall meet and confer in
faith with City for the purpose of resolving any dispute
the terms of this Agreement.
15.
Attorney's Fees
ShoJld 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
Consult~nt and/or their principals is/are licensed with the State
of California or some other state as a licensed 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
2ptyAccela 11-02-05
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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 Law/Venue
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.]
2ptyAccela 11-02-05
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Signature Page
to
Agreement between city of Chula Vista and Accela, Inc.
For Software Purchase and Installation
IN WITNESS WHEREOF, City and Consultant have executed this
Agr=ement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated:
, 2005
City of Chula Vista
by:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
:::rA~ ~
Maury Blackman
Senior Vice President
Exhibit List to Agreement
( X) Exhibit A.
2ptyAccela 11-02-05
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Exhibit A
to
Agreement between
City of Chula Vista
and
Accela, Inc.
1. Effective Date of Agreement: January 10, 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
() Other:
[insert business form]
, a
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Accela, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
4160 Dublin Bl, Suite 128
Dublin, CA 94568
Voice Phone (925) 560-6577
Fax Phone (925) 560-6570
2ptyAccela 11-02-05
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7. General Duties:
To add three software modules to City's existing Permits'
Plus system: Accela Wireless, Accela GIS and Accela ERS.
This Agreement includes the purchase of the software
modules, licensing, 1-year maintenance agreements, agency
specific configurations, installation services, and
training.
B. Scope of Work and Schedule:
A. Detailed Scope of Work:
1. Consultant shall deliver the Accela Wireless Server
Kit module, which includes the Application Server
Software License and thirty end-user licenses.
2. Consultant shall provide one on-site visit, which
may consist of multiple days, at the direction of
City, to manage the Wireless module implementation,
conduct a business requirements analysis, conduct a
system set-up and conduct a system configuration.
3. Consultant shall provide on-site training to City
staff for the Accela Wireless module when City
decides successful implementation of the Wireless
module has been achieved, and upon the request of
the City. This training may entail multiple
training sessions, but will be conducted in the
course of one business day.
4. Upon the successful implementation described in
B.A.3. above, Consultant shall execute and commence
the annual maintenance agreement, pro-rated to end
after the City's current fiscal year.
5. Consultant shall deliver the Accela GIS (Agency-
Hosted) Server Software, which includes twenty-five
(25) end-user licenses and one license of ArcIMS.
6. Consultant shall provide one on-site visit, which
may consist of multiple days, at the direction of
City, to manage the GIS module implementation,
conduct a business requirements analysis, conduct a
system set-up and conduct a system configuration.
7. Consultant shall provide on-site training to City
staff for the Accela GIS module when City decides
successful implementation of the GIS module has
been achieved, and upon the request of the City.
This training may entail multiple training
sessions, but will be conducted in the course of
one business day.
2ptyAccela 11-02-05
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8. Upon the successful implementation described in
8.A.7. above, Consultant shall execute and commence
the annual maintenance agreement, pro-rated to end
after the City's current fiscal year.
9. Consultant shall deliver the Accela ERS (Emergency
Response System) module, which includes twenty (20)
end-user licenses.
10. Consultant shall provide one on-site visit, which
may consist of multiple days, at the direction of
City, to manage the ERS module implementation,
conduct a business requirements analysis, conduct a
system set-up and conduct a system configuration.
11. Consultant shall provide on-site training to City
staff for the Accela ERS module when City decides
successful implementation of the ERS module has
been achieved, and upon the request of the City.
This training may entail multiple training
sessions, but will be conducted in the course of
one business day.
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: Wireless module described in 8.A.l
above, including all software and implementation, due
by April 1, 2006.
Deliverable No; 2: GIS module described in 8.A.5 above,
including all software and implementation, due by June
1, 2006.
Deliverable No.3: ERS module described in 8.A.9 above,
including all software and implementation, due by
September 1, 2006.
D. Date for completion of all Consultant services:
August 1, 2006
9. Insurance Requirements:
2ptyAccela 11-02-05
Page 18
7-23
X) Commercial General Liability: $1,000,000.
X) Automobile Liability: $1,000,000.
X) Worker's Compensation: Statutory
X) Employer's Liability: $1,000,000.
) Errors and Omissions Liability: $2,000,000.
10. Materials Required to be Supplied by City to Consultant:
A Windows 2000 application server for Acce1a Wireless.
ArcIMS Software, part number 89974, obtained from ESRI,
necessary for Accela GIS. Maintenance agreement from ESRI
for ArcIMS.
11. Compensation:
A.
(X)
Single Fixed Fee Arrangement.
For delivery of all of the materials and licenses 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: $110,283.20 , payable as follows:
Para.No. Module Fixed Fee Milestone * Payment
8.A.l Wireless Deliver Server Kit $37,707.11
8 .A. 2 Wireless Complete Installation $43,078.45
8 .A. 3 Wireless City Acceptance $ 7,001.60
8 .A. 5 GIS Deliver Server Kit $10,769.61
8 .A. 6 GIS Complete Installation $ 9,681.34
8 .A. 7 GIS City Acceptance $ 2,045.09
8.A.11 ERS City Acceptance no charge
* Milestone (Para. No.) clarifications:
8.A.1) Accela Wireless Server kit $34,995.00 plus sales tax
(0.0775 X 34,995), payable upon delivery.
8.A.2) Four (4) additional user license blocks @$9,995 each
$39,980 plus sales tax (0.0775 X $39,980), payable when Wireless
module installation is complete.
S.A.3) Annual Wireless maintenance assuming implementation
acceptance mid-fiscal year ($12,996 divided by 12 months = $1,083
per month X remaining 6 months of current fiscal year = $6,498
plus sales tax (0.0775 X $6,498), payable and prorated through
6/30/06 upon City's acceptance date of the working Wireless
software module. This is also when implementation services are
payable in full, as detailed in Paragraph 11.C.1.
8.A.5) Accela GIS Server Software $ 9,995.00 plus sales tax
(0.0775 X $9,995), payable upon delivery.
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7-24
8.A.6) Three (3) additional user license blocks @$2,995 each =
$8,985 plus sales tax (0.0775 X $8,985), payable when GIS module
installation is complete.
8.A.7) Annual GIS maintenance assuming implementation acceptance
mid-fiscal year ($3,796 divided by 12 months = $316.33 per month X
remaining 6 months of current fiscal year = $1,898.00 plus sales
tax (0.0775 X $1,898), payable and prorated through 6/30/06 upon
City's acceptance date of the working GIS software module. This
is also when implementation services are payable in full, as
detailed in Paragraph II.C.I.
B.A. II) This is when implementation services are payable in full,
as detailed in Paragraph II.C.I.
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.
)1.
Interim Monthly Advances.
C. (X) Hourly Rate Arrangement
For implementation services costs (labor) to implement the
three modules, as described in paragraphs 8.A.2, 8.A.3, 8.A.6,
8.A.7, 8.A.10 and 8.A.ll above, City shall pay Consultant for the
productive hours of time spent by Consultant in the performance
of said services, at the rates or amounts set forth in the Rate
Schedule hereinbelow according to the following terms and
conditions:
(1) (X) Not-to-Exceed Limitation on Time and
Materials Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum
Compensation amount, Consultant agrees that Consultant
will perform all implementation for not more than
$81,000 including all Materials Reimbursements in
Paragraph 12, and other "reimbursables" ("Maximum
Compensation") .
The time and materials arrangement will be
limited by software module, as shown:
2ptyAccela 11-02-05
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Software Modu1.e Mi1.estone Maximum Time and
Materia1.s Reimbursement
Accela Wireless 8 .A. 3 $26,000
Accela GIS 8 .A. 7 $30,000
Accela ERS 8.A.1l $25,000
(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.
Rate Schedule
Category of Employee
of Consultant Name
Hourly
Rate
Senior Technical Consultant Various
$250
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by
Consultant in the performance of services herein required, City
sha:l pay Consultant at the rates or amounts set forth below:
A. Hotel accommodations will be reimbursed at cost, but
may not exceed one hundred twenty-five dollars ($125) per
night.
B. Airfare will be reimbursed at cost for the lowest
available coach fair for the required travel dates. To
determine the lowest available coach airfare, the date
Consul tant scheduled implementation services at City
shall be used as a benchmark.
C. Meals will be reimbursed at cost, up to a maximum
of thirty five dollars ($35) per day per person.
2ptyAccela 11-02-05
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7-26
13. Contract Administrators:
City: Karen Wooten, Senior Management Assistant, 276 Fourth
Av, Chu1a Vista, CA 91910, phone: (619) 409-3385, FAX: (619)
409-5861, emai1: kwooten@ci.chu1a-vista.ca.us.
Consultant: Colin Samuels, Assistant General Council/General
Manager, 4160 Dublin Bl, Suite 128, Dublin, CA 94568, phone:
(925) 560-6577 X192, FAX: (925) 560-6570, email:
csamue1s@accela.com
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.
property and
regulatory,
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.
3. Investments, interest in real
sources of income subject to the
permit or licensing authority of the
Category No.5. Investments in business
and sources of income of the type which,
the past two years, have contracted with
of Chula Vista (Redevelopment Agency) to
services, supplies, materials, machinery
equipment.
entities
within
the City
provide
or
Category No.6. Investments in business
and sources of income of the type which,
the past two years, have contracted with
entities
within
the
2ptyAccela 11-02-05
Page 22
7-27
designated employee's department to provide
services, supplies, materials, machinery or
equipment.
Category No.7. Business positions.
I l List "Consultant Associates" interests in real
property within 2 radial miles of Project Property, if any:
16. ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
none.
18. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
l Monthly
) Quarterly
Xl Other: Per Milestone completion, as detailed in
Paragraph 11.A and Paragraph 11.C.1.
B. Day of the Period for submission of Consultant's
Billing:
IX ) First of the Month
I ) 15th Day of each Month
I ) End of the Month
I ) Other:
57700-7999/2106192577-400000
71700-7999/2106192717-400000
C. City's Account Number:
19 Security for Performance
Performance Bond, $
Letter of Credit, $
Other Security:
Type:
2ptyAccela 11-02-05
Page 23
7-28
Amount: $
(X) 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:
X) Retention Percentage: 10%
) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
c:\Word\Contracts\2ptyAccela 12-1S-0S.doc
2ptyAccela 11-02-05
Page 24
7-29
COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
r
1/17/06
ITEM TITLE:
RESOLUTION APPROVING THE FIRST AMENDMENT
TO THE AGREEMENT WITH RUDOLPH AND SLETTEN, INC. TO
INCORPORATE THE GUARANTEED MAXIMUM PRICE FOR THE
DESIGN AND CONSTRUCTION OF FIRE STATION 8,
AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT,
AND APPROPRIATING FUNDS THEREFORE FROM THE
AVAILABLE BALANCE OF THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FEE
SUBMITTED BY:
Director ofGen\jral Services )... J.{j. .
FIre ChIef P f'. r \J .
City Manager ~~ pJ(
(4/5ths Vote: Yes X No->
REVIEWED BY:
On July 20, 2004, Council approved a design build agreement with Rudolph and Sletten, Inc. for
the design and construction of Fire Station 8. The design build agreement contained a not to
exceed price of$2,811,640 with the Guaranteed Maximum Price (GMP) to be set upon receipt of
90% construction drawings. The project is nearing the end ofthe design phase and is set to enter
the construction phase. Tonight's resolution will approve the first amendment to the agreement
that will set the GMP at $6,276,913. This amount includes design services and general
conditions in the amount of $494,612. Following an extensive review, staff concurs with the
proposed GMP amount.
RECOMMENDATION:
That the City Council adopt the resolution and thereby:
. Approve the first amendment of the design build agreement with Rudolph and Sletten,
Inc. incorporating the GMP at $6,276,913 for the services required to design and
construct Fire Station 8,
. Authorize the Mayor to execute said amendment, and
. Appropriate $6,507,301 from the available balance of the Public Facilities funds to the
capital improvement project PS128.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
'B-1
Page 2, Item:
Meeting Date:
S'
1/17/06
BACKGROUND:
On July 20, 2004, Council approved a design build agreement with Rudolph and Sletten, Inc. for
the services required to design and construct a completed and fully functional fire facility. As
part of that agreement, a guaranteed maximum price (GMP) is to be established at 90%
construction documents, which is to include, but not be limited to, the cost for all labor,
equipment, and material to design and build a fully functional fire facility in accordance with all
applicable building codes. A not to exceed amount of $2,811,640 was established, based upon
rough schematic drawings, in the Design Build agreement.
Staff has worked diligently with Rudolph and Sletten to value engineer the project and thereby
provide the best product at the most effective price. However, as the design process progressed,
a number of factors led to the actual GMP, as determined at the 90% construction drawing stage,
to exceed the not to exceed amount in the original agreement by approximately $3.5 million.
This significant escalation in project costs can primarily be attributed to:
a) Continuing increases in the cost of construction materials (a nationwide phenomenon),
b) A number of unanticipated issues related to the project site, and
c) Various design elements unaccounted for in the initial design build agreement.
Each of these factors is described in more detail below.
INCREASING COST OF CONSTRUCTION MATERIALS
The newspapers and electronic media have been routinely reporting on the wildly escalating
costs of construction. On September 7, 2005 the Orange Countv Register reported that the price
of orders for steel sheet "has risen nearly 20% in a month partly because of the storm" as a result
of the impacts of Hurricane Katrina. On September 6,2005, it was reported that "lumber futures
prices rose 12% in the week following the hurricane."
In addition to ongoing increases in the costs of construction materials, another significant factor
is the extremely busy San Diego region construction market. Simply put, there is so much work
in the region at present that many contractors and subcontractors are not needing to submit
particularly competitive bids. The City is experiencing this on almost all of its projects and the
design builder for Fire Station 8, Rudolph and Sletten, has had significant difficulty in attaining
competitive bids, and in some cases any bids at all, on portions of the job.
These two factors combined have caused all construction project costs to jump significantly
throughout the region and there does not appear to be any light at the end of the tunnel.
UNANTICIPATED ISSUES RELATED TO THE PROJECT SITE
The proposed location for Fire Station 8 has created some unique circumstances. First, the
property is bordered by public streets on three sides, and interestingly, the fourth side is the most
visible side of the building to the public due to the orientation of Otay Lakes Road to the
~-2
Page 3, Item:
Meeting Date:
~
1/17/06
property (See site map marked as Attachment No. l). This lot configuration creates a need for
quite a bit more hardscape/driveway area. The fire vehicles will enter and exit the station from
Hawthorne Creek Drive, however the loop driveway is quite long as compared to other sites.
Also, the full visibility of the site from all sides requires a higher level of finishes on all sides of
the building (See elevation plan marked Attachment 2).
Second, the City has worked with the Eastlake Company to develop an exterior plan of the
building that allows it to be consistent with the architecture of the Eastlake Woods Recreation
Center, which is immediately across Hawthorne Creek Drive from the station. The Eastlake
Company has agreed to contribute $500,000 toward the project to offset the cost of architectural
treatments that the City typically would not include on a fire station.
DESIGN ELEMENTS UNACCOUNTED FOR IN THE INITIAL DESIGN BUILD
AGREEMENT
The Fire Department is recommending that future single-company fire stations be designed with
two apparatus bays and be built to a capacity standard of 8,800 square feet. This square footage
exceeds the size of the single-company, two-bay stations that have been constructed in recent
years (Fire Station 3 at 4,200 square feet and Fire Station 6 at 6,400 square feet). The initial not
to exceed price of$2,811,640 for Fire Station 8 was based upon the City's experience with these
two fire stations.
The additional square footage being recommended for Station 8 (and future fire stations) is
primarily the result of anticipated changes in the delivery of advanced life support (ALS)
services. These changes include plans to house AMR ambulance units at City fire stations where
feasible and may also involve the Fire Department becoming an ALS first responder (e.g. having
at least one paramedic on each three person engine company). Both of these changes would
provide a more effective emergency response capability to the community. These planned
operational changes result in the need for the following facility design changes:
. Additional bunkrooms for ambulance personnel,
. An additional restroom,
. Larger kitchen, recreation, locker and turn-out areas,
. Additional space to secure supplies and equipment for the provision of ALS services, and
. Additional space to comply with a County requirement to provide internships and
training opportunities to existing paramedics.
Later this fiscal year staff from the Fire Department will be returning to Council with a full
report on ALS service provision in the City and recommendations for improving service to the
community.
PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS
The Design-Build Agreement with Rudolph and Sletten, Inc. will provide the City with a fully
functional fire facility including the facilities and site-work required to provide fire services to
residents of the surrounding communities. The first amendment to the design build agreement
~-3
Page 4, Item:
Meeting Date:
Z
1/17/06
(Attachment 3) between the City of Chula Vista and Rudolph and Sletten, Inc. will include
setting the GMP at $6,276,913 and revise the statement for substantial and final completion
dates.
The established GMP includes all design and construction services to complete a fully functional
fire facility. The GMP is higher than the not to exceed amount in the original agreement due to
the process of refining the various project elements and increasing the scope of the project as
described above.
The substantial and final completion dates will be amended to include actual dates in lieu of
number of calendar dates from notice to proceed as in the original agreement. The revised
substantial completion date is October 31, 2006 and the revised final completion date is 30
calendar days after substantial completion.
CHANGE ORDERS
Under the designlbuild process, change orders are handled differently than under the
designlbid/build process. Change orders are only returned for Council approval if they exceed
the approved GMP, or are for additional work requested by City, which results in a significant
change to the original scope. Otherwise, change orders are reviewed/approved by staff and the
design builder. This practice is commonplace when using the designlbuild construction
technique.
FISCAL IMPACT:
PROJECT COSTS
Design Builder GMP $6,276,913
Consultant (Special Inspections) $100,000
Utilities $75,000
FFE $100,000
City Staff Costs $200,000
Contingency $300,000
TOTAL PROJECT COSTS $7,051,913
PROJECT FUNDS
Existing appropriation - PFDIF $544,612
Additional appropriation - PFDIF $6,507,301
TOTAL PROJECT FUNDS $7,051,913
As shown above, the total cost of Fire Station 8, as proposed, is $7,051,913. To date $544,612
has been appropriated to the project. Therefore, an additional appropriation of $6,507,301 from
the available balance of the PFDIF is required to complete the project. The Eastlake Company
has agreed to reimburse the PFDIF for $500,000 of the project costs.
'B -if
Page 5, Item:
Meeting Date:
'X
1/17/06
Fire Station 8 was included in the 2002 PFDIF update as a 4,200 square foot, 2-bay station with
an anticipated construction cost of $3,298,278. As discussed previously, Station 8 is now being
proposed as an 8,800 square foot, 2-bay station at a cost of$7,051,913. It is the intent of staff to
return to Council later this fiscal year with a comprehensive update of the PFDIF that will
incorporate the cost increases of this and other projects into the fee. However, if any portion of
the additional costs associated with this project cannot be included in the next PFDIF update,
then those costs could potentially become an obligation of the City's General Fund or other
appropriate capital funding source. In that event, staff will return to Council with a
recommendation on potential funding options.
Attachment A - First Amendment to the Design Build Agreement
Attachment B - Revised Exhibit 2, Design Build Fee Structure
J:\General Services\GS Administration\Council Agenda\Fire Station No. S\Fire Station No.8 GMP I 1006 update.doc
8-5
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RESOLUTION 2006-
RESOLUTION APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT WITH RUDOLPH AND SLETTEN, INC. TO INCORPORATE
THE GUARANTEED MAXIMUM PRICE FOR THE DESIGN AND
CONSTRUCTION OF FIRE STATION 8, AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT, AND APPROPRIATING FUNDS
THEREFORE FROM THE AVAILABLE BALANCE OF THE PUBLIC
FACILITIES DEVELOPMENT IMPACT FEE.
WHEREAS, on July 20,2004 Council approved by Resolution 2004-227 a design build
agreement with Rudolph and Sletten, Inc. for the services required to design and construct a
completed and fully functional fire facility; and
WHEREAS, the Design Build Agreement contained a not to exceed price of
$2,811,640 with the GMP to be set upon receipt of 90% construction drawings; and
WHEREAS, as the design process progressed, a number of factors led to the actual
GMP, as determined at the 90% construction drawing stage, to exceed the not to exceed
amount in the original agreement by approximately $3.5 million; and
WHEREAS, staff has worked diligently with Rudolph and Sletten to value engineer the
project and thereby provide the best product at the most effective price; and
WHEREAS, this significant escalation in project costs can primarily be attributed to:
a) Continuing increases in the cost of construction materials (a nationwide phenomenon),
b) A number of unanticipated issues related to the project site, and
c) Various design elements unaccounted for in the initial design build agreement; and
WHEREAS, the first amendment to the design build agreement (Attachment A)
between the City of Chula Vista and Rudolph and Sletten, Inc. will include setting the GMP at
$6,276,913 and revise the statement for substantial and final completion dates; and
WHEREAS, the GMP includes, but is not limited to, design services, general
conditions, insurance, bonds, construction management, the cost for all labor, equipment, and
material to design and build a fully functional fire facility in accordance with all applicable
building codes; and
WHEREAS, the revised Substantial Completion date is October 31, 2006 and the
revised Final Completion date is 30 calendar days after Substantial Completion.
WHEREAS, to date $544,612 has been appropriated to the project; and
WHEREAS, the total estimated project costs are as follows:
'g-q
PROJECT COSTS
Design Builder GMP $6,276,913
Consultant (Special Inspections) $100,000
Utilities $75,000
FFE $100,000
City Staff Costs $200,000
Continl!encv $300,000
TOTAL PROJECT COSTS $7,051,913
WHEREAS, staff recommends an additional appropriation of PFDIF funds from the
available balance in the amount of $6,507,301 as necessary to complete each project; and
WHEREAS, while Fire Station No.8 is listed in the PFDIF as an eligible project, the
costs of the station in the PFDIF are shown as $3,298,278 based on the assumption that it was
for a 4,200 square foot, 2-bay fire station. However, the actual size of the station is proposed
to be 8,800 square feet; and
WHEREAS, it is the intent of staff to return to Council later this fiscal year with a
comprehensive update of the PFDIF that will incorporate the cost increases of this and other
projects into the fee; and
WHEREAS, if any portion of the additional costs associated with this project cannot be
included in the next PFDIF update, then those costs could potentially become an obligation of
the City's General Fund or other appropriate capital funding source. In that event, staff will
return to Council with a recommendation on potential funding options.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the first amendment of the Design Build Agreement incorporating the
GMP at $6,276,913 for the services required to design and construct Fire Station No.8 (CIP
PS128) located at the southwest corner of Hawthorne Creek Drive and Woods Drive in the
Eastlake Woods community of Chula Vista, appropriate PFDIF funds from the available
balance in the amount of $6,507,301 as 'necessary to complete the project and authorize the
Mayor to execute said Amendment.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
~:ddj.", Ib~
A Moore .
y Attorney
J:\General Services\GS Administration\Council Agenda\Fire Station No. 8\FS NO.8 GMP Reso Final 01 1206.doc
2-/0
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPRO V AL BY
THE CITY COUNCIL
q~dJ&" {jdP
Ann Mo
City Attorney
Dated:
Second Amendment to the Agreement with
Rudolph and Sletten, Inc. to incorporate the
Guaranteed Maximum Price for the Design and
Construction of Fire Station 8
8-11
First Amendment To
the Design Build Agreement between the City of Chula Vista
and Rudolph and Sletten, Inc.
For Design and Construction of Fire Station No.8
This first amendment is made and entered into this 20th day of December, 2005 by and between
the City of Chula Vista (herein "City"), a municipal corporation, and Rudolph and Sletten, Inc.
(herein "Design Builder or D/B"). City and Design Builder are sometimes hereinafter referred to
as Parties ("Parties")
RECITALS
WHEREAS, the City and D/B entered into an agreement ("Original Agreement") dated July 20,
2004 and approved by City Council Resolution 2004-227, whereby D/B provides design and
construction services to the City for the construction of a fully functional fire facility including
the facilities and site-work; and
WHEREAS, the Original Agreement contained a guaranteed maximum price not to exceed
amount of $2,811 ,640 million; and
WHEREAS, As the design progressed and some of the complexities of this project became
known, the actual GMP as determined at the 90% construction drawing stage exceeded the not to
exceed amount in the original agreement; and
WHEREAS, D/B and City staff have value engineered the project to provide the best product at
the most effective price; and
WHEREAS the parties now desire to amend the Agreement to increase the contract amount to
incorporate the guaranteed maximum price of $6,276,913 for a fully functional fire facility, Fire.
Station No.8.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set
forth herein, the City and Design Builder agree as follows:
I. Section I of Original Agreement, entitled General Scope of Work to be Performed by
D/B, is hereby amended as follows:
1.1 In accordance with the terms set forth in this Agreement and the Request for
Proposal (RFP) for Design Build Services for Fire Station No.8 (Exhibit I), D/B
shall design and construct for the City: a completed and fully functional 6,400
8,800 square foot 2-bay fire station as per revised Program Document (Revised
Exhibit I). The Fire Facility shall include, but not be limited to all components
outlined and described in the attached document entitled RFP for Design Build
Services for Fire Station No.8 (Exhibit I) (referred to hereafter as "Project"). The
Project is located in the Eastlake Woods Community ofChula Vista.
8-/2-
1.3.1 Perform all services, work and obligations as described herein for the not
to exceed amount of $2,811,€dO $6,276,913 which shall include Design
Services and General Conditions necessary to provide a fully completed
and functional Project. DIB shall perform all Design Services and General
Conditions for the not to exceed amount of $494,612 as outlined in the
Design Build Fee Structure (Exhibit 2). At 90% complete construction
documents a Guaranteed Maximum Price (GMP) will be established
pursuant to Section 13 of this Agreement, which will include, but not be
limited to, the cost for all labor, equipment, and material to design and
build a fully functional Fire Station in accordance with all applicable rules,
regulations, and laws. The DIB fee shall be 5.25% of hard construction
costs. Liability insurance cost shall be $9.50 1$1,000 total cost of work.
Any costs incurred by DIB in excess of said GMP shall be the sole
responsibility of the DIB, unless a change order is approved by the City
pursuant to Sections 9 and 14 of this agreement. All funds remaining in
the GMP at the completion of the project shall belong to the City.
1.3.2 Substantial Completion:
Achieve "Substantial Completion" (as defined in gI6.1) no later than 49Q
ealeHaar days frem issmrnee sf :Notiee te Proeses at mW6HtieH ef
,^,greement. October 31, 2006.
1.3.3 Achieve "Final Completion" (as defined in gI6.2) No later than ~
ealeHsllf SlrYs frem issHooee sf :Nsties te Proeees at 8lleelltisH sf
.^.greement. 30 calendar days from Substantial Completion.
2. Section 11 of the Original Agreement, entitled Minimum Scope of Insurance, is
hereby amended to read as follows:
11.3.1.5 Builder's Risk Property Insurance:
The City of Chula Vista will provide coverage for "all risk" Builder's
Risk Insurance, excluding the peril of earthquake, and subject to other
policy terms, conditions and exclusions, Coverage will be provided for
the Full Hard Cost Replacement Cost of Materials, Equipment and
fixtures destined to become a permanent part of the structure, Property
in Transit, and Property in Offsite Storage for Fire Station No. 8
construction in an amount not to exceed $2,213,699 $6,276,913 million.
Contractors and Subcontractors will be added to policy as Loss Payees
as their interest may appear.
8-/3
11.4.1.5
Builder's Risk
(if applicable)
$2,213,699
$6.2M
Hard Construction Cost of
Structure
11.6.1.1 The City, its officers, officials, employees, and volunteers are to be
covered as additional insureds using ISO Form CG 2010 or its
equivalent, with respect to liability arising out of work or operations
performed by or on behalf of the DIB including 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.
3. Section 13 of the Original Agreement, entitled DIB GMP for Services and
Reimbursements, is hereby amended to read as follows:
13.1.1 The GMP shall not exceed $2,&11,610 $6,276,913 and include within said
GMP shall be no more than $494,612 for Design Services and General
Conditions as previously identified in Section 1.3.1 of this agreement.
4. Exhibit I of the Original Agreement shall be substituted with the Revised Exhibit 1 -
to include Revised Program Document.
5. Exhibit 2 of the Original Agreement shall be substituted with the Revised Exhibit 2.
6. Except as expressly provided herein all other provisions of the Original Agreement
shall remain in full force and affect.
~-I'I
Signature Page to the First Amendment to
the Design Build Agreement between the City of Chula Vista
and Rudolph and Sletten, Inc.
For Design and Construction of Fire Station No.8
City of Chula Vista
Rudolph and Sletten, Inc.
by
Stephen C. Padilla, Mayor
@~-~
e and TItle
Date
ATTEST:
Susan Bigelow, City Clerk
Approved in form by;
Ann Moore, City Attorney
6-/5
Revised Exhibit 1
RFP for Design Build Services for Fire Station No.8
Attachments: A) Revised Program Document dated
B) Sample D/B Contract and Glossary of Terms
(Intentionally Omitted)
C) Project Location (Intentionally Omitted)
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ATTACHMENT A
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CllY OF
CHUlA VISTA
CHULA VISTA
FIRE DEPARTMENT
REVISED FIRE STATION #8
PROGRAM DOCUMENT
2-/7
TABLE OF CONTENTS
DESIGN REQUIREMENTS.............___.............___n.......n...n....n..........00....00___00___.......1
1.0 GENERAL INFORMATION ...m.....n.......nn___h......n.___.n..n........mn.....nnnn...nm.h 1
2.0 GENERAL INTERIOR INFORMA TION.....n.______m.........n___mh.nn...n...___n______n... 2
3.0 GENERAL EXTERIOR INFORMATION........n...........______.....n..n...n.nnn___...........5
4.0 LANDSCAPE & IRRIGA TION.h.......................n....n___.....n........n___..n....n.......___..00 8
5.0 APPARATUS ROOM ...........................................................................................10
6.0 SPECIALIZED AREASIROOM...................nn.................h...........nn.n___...............13
7.0 LIVING AREAS ...............................0000...............00...........00.___00..................______0000..... 15
8.0 SLEEPING AREASn._________.........................................___................___.....................___18
9 .0 BATHROOMS .........___...........................00______.............0000............___m___.n..............nn. 19
10.0 EXERCISE I PHYSICAL CONDITIONING AREA...................n..................nn..20
11.0 STORAGE ROOMS.....___.h...h....................n...........___...............___00.....................00___20
12.0 P A TIO.........nn...................___.nn...n..................n..............0000.................0000................. 21
13.0 STAND-BY GENERATOR...........................n......................___.................___............21
14.0 GENERAL PLUMBING....................nh.............___..............___.h.................___h0000.....21
15.0 GENERAL ELECTRICAL___nh.............n................................n....___.n..............00___00 21
16.0 TRASH ENCLOSURE.......................................n............___...n..........00..00.................22
17.0 A TT ACHMENTSn..........................................n............n.....................___..................22
18.0 FIRE STATION #3 LOCKER PLAN 23
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FIRE STATION DESIGN REQUIREMENTS
The following information has been prepared as design requirements for the Chula Vista Fire
Department. These are presented as minimum standard requirements for fire stations. The
requirements will be reviewed at initial design meetings and throughout design development.
Plans shall be prepared showing all details and notes required to provide the contractor with sufficient
clarification and information to construct the project to the intended design. Specifications shall be in
CSI format with all referenced standards defined in a supplemental manual and presented for review
by City of Chula Vista Building and Park Construction.
The design of the fire station shall consider the use of "Green Building Technology" and the use of
natural lighting when costs are approximate conventional construction. The design shall meet Title 24
and ADA requirements. A statement shall be made on the cover of the plans and specifications noting
that this is an essential services building and that the contractor is responsible for understanding and
complying with all applicable codes and requirements.
All wastewater and run-off from station activities shall be properly routed to meet all county and city
pollution criteria.
1.0 GENERAL INFORMATION
Fire Station 8 will consist of a minimum of 8,800 square foot Fire Station with living quarters
for six personnel, two (2) apparatus bays to accommodate an engine company and a medic
company on a 1.176 acre site with additional space for hose storage and hose maintenance
operations. This fire station shall have drive-thru capabilities to both apparatus bays.
1.1 Site Area:
a. Fire station shall be situated on an approximate 1.176 acres site.
b. Fire station shall accommodate space for reserve apparatus.
1.2 Station Area:
a. Fire station shall be a minimum of 8,800 square feet.
a. The fire station shall accommodate a crew of seven (7) personnel.
1.3 Crew Size:
b. Fire station shall accommodate a minimum of a four (4) person engine company, a
two (2) person medic company, (1) explorer, intern, or civilian ride-along as
necessary.
1.4 Fire Apparatus Vehicles:
a. The following fire apparatus/vehicles will be typically assigned to the fire station:
1) Two (2) triple combination pumpers and a medic ambulance.
Length: 30 feet
Width: 10 feet
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C:\Documents and SettingsIMerceditasDlLocal Settings\Temporary Internet Files\OLKII\CVFD Program Document
station 8 revised january II 2006.doc
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2)
Turning Radius:
Weight:
One (1) medic ambulance.
Length:
52.0 feet (outside!)
40,000 Ibs. (floors must withstand 60,000 Ibs.)
21 feet
1.5 Furniture
1) Design team shall coordinate and interface with Office Pavilion. Design Build
team shall ensure all required utilities are installed and coordinated to facilitate
furniture installation.
2.0 GENERAL INTERIOR INFORMATION
2.1 Doors, Frames and Hardware
a. All interior and exterior doors shall be set in metal frames.
b. All exterior windows shall be high quality, noise-reducing, dual glaze, temperature
efficient designs, with low E glass. Second story windows, when required, shall
have a tilt feature allowing cleaning from the interior.
c. All bottom windowsills will be provided with a hard finish material for ease of
cleaning (i.e. solid surface, corian type identical to fire station 7).
d. All interior doors shall be exterior grade, solid wood staved-core, and birch-
skinned. All doors connecting to the apparatus room will swing in the direction of
the apparatus floor area.
e. Bathroom doors shall be solid with no open venting.
f. Panic hardware is required on interior doors leading directly into the apparatus
area.
g. Locks on interior doors including the offices, storage rooms and computer work
room shall be compatible with Station #1 master system (Best lock system).
Privacy locks will be installed on restroom and dormitory doors.
h. All wooden doors to be stained and not painted.
1. Doors leading to exterior to be operable from interior without a key when locked.
Doors shall be self-latching. These doors shall be on the Best lock system
J. Doors leading to the kitchen area, and apparatus area shall have a window area as
allowed by code.
k. Over-sized stainless steel push plates and kick plates shall be installed on all doors
as necessary per City approval.
1. Doors leading to apparatus room, and the exterior of station shall have mechanical
closures. Doors leading to sleeping areas and bathrooms will not have automatic
closers.
m. Doorbells will be capable of alerting the day room area, sleeping areas, kitchen,
I Site access to rear area parking to accommodate 94' turning radius.
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offices, fitness room, shop area, and apparatus area. Doorbells will be installed at
the front, rear and other public-accessible doors. The Doorbells will have different
tones to indicate activation location. Doorbells will be tied to station alerting
system.
2.2 Walls and Ceiling Surfaces
a. Restrooms, kitchen, storage rooms, weight room, workrooms, communication
room, and apparatus room shall be painted with 100% acrylic semi gloss finish.
b. Color to be approved by the City prior to application.
c. Walls and ceilings are to be dry walled, textured, sealed and painted. Interior
hallway comers will be bull nose.
d. Interior hallways shall be a minimum of four feet in width. Total hallway area will
vary by station design. It is anticipated that there will be approximately 700 square
feet of hallways.
e. Provide bumper guards and backing at hallway.
f. All interior walls to be insulated.
g. All interior walls that will be used to mount appliances or fixtures (towel bars,
paper dispensers, soap dispensers, etc.) will have support material installed behind.
h. Install soundproofing between apparatus area and adjacent living spaces.
I. Soundproof bathrooms. Protect areas outside bathrooms from bathroom noises.
i.e. flushing toilets, showers, running water.
J. Provide sound insulation at all walls and ceilings.
k. All hallway comers and dormitory window opening comers will be bull nose.
2.3 Floor coverings
a. Commercial grade carpeting shall be utilized for officers' room(s), offices, sleeping
areas, day rooms, and training room.
b. Carpet shall have Enhanced Backing, 26 oz. Yam weight and 77 oz, total carpet
weight.
c. The kitchen, restrooms, dining area, and other heavy traffic areas shall be porcelain
ceramic tile similar to station 7 approved by the City.
d. Ceramic tile will have minimal grout joints and use dark-colored epoxy grout.
Color to be approved by the City.
2.4 Window coverings
a. All exterior windows and sliding doors shall be provided with 3" vinyl vertical
blinds per the approvaJ ofthe City.
2.5 Central Air ConditioningIForced Air Heating
a. High energy efficient central air conditioning and forced air heating shall be
provided in living areas as required to maintain 74 degrees in the summer and 68-
72 degrees the remainder of the year.
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b. System should have separate zones with setback feature for operational and energy
efficiency.
c. Any and all condensation drains shall be drained to the exterior of the building or
will drain into the existing plumbing.
2.6 Fire Alarm, Smoke, Carbon Monoxide Detectors and Sprinkler System
a. Smoke, and carbon Monoxide detectors shall be installed to code.
b. The building shall be provided with a complete automatic fire sprinkler system per
existing code.
c. Sprinkler alarm shall be capable of being connected to a central monitoring station.
d. Use N.F.P.A, 13 for specifications.
e. Sprinkler heads to be flush mounted and concealed in the living areas.
f. Central monitoring panel location subject to City approval.
g. Provide minimal required fire alarm devices. Full systems not necessary.
2.7 Lighting
a. General illumination shall be capable of providing adequate and functional
illumination for all living, sleeping, office space and other functional areas.
b. Natural lighting (including windows and skylights) shall be provided whenever
possible.
c. Energy efficient lighting systems and occupancy sensors shall be designed
according to location and use.
d. Provide a night lighting system in hallways with red lens. Use floor level lighting
where applicable.
2.8 Communications and Paging System
a. Provide an alert paging system with speakers located in each sleeping quarters,
each bathroom, office areas, recreation room, kitchen, apparatus bays, storage
rooms, exterior areas, and any spaces not mentioned, but deemed necessary to
allow all employees to be notified when on fire station grounds. This system shall
be compatible with existing City alerting-equipment.
b. Paging system shall be capable of selective alerting. Programmable by station
personnel for selected sleeping areas. Should be similar with First-In Alerting
system located at CVFD Station #7 with recessed wall-mount devices and lighting
devices.
c. Paging areas shall be divided into designated zones with separate amplifier control
for individual zones with fire department approval.
d. Provide exterior weatherproof speakers that meet the requirements of the City's
Communication Division in addition to the alert paging system.
e. Provide two-horn-type paging speakers located on either side of the apparatus
floor.
r. Interior speakers shall be flush mount of high quality, and approved by the City.
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g. Multiple-point in-house telephone-paging system shall be installed, which meets
the requirements of the City's Communication Division as well as the alert paging
system.
h. Proper in wall backing shall be provided at all locations for wall hung TV's.
1. Contractor will also provide adequate mounting and protection of equipment.
J. Fire station will be wired for cable television, with outlets located in the day room,
all sleeping areas, kitchen, training room and exercise room.
k. There shall be a central control panel for connections. A booster shall be provided
as necessary.
1. Provide telephone jacks in dining area, day room, exercise area, sleeping areas,
offices, training room, computer workroom and apparatus bay.
m. All outlet and jack locations to be approved by the City.
n. All phone and data wiring will use CAT-e, UTP cable terminated to RJ-45 modular
jacks using T568B standard and CAT-5e rated components. Each CAT-5e cable
will terminate in the communication equipment room on a rack mounted 48-port
CAT-5e patch panel.
o. Each voice and data jack will be labeled with the port number to which it is
terminated.
p. All voice and data jack locations will consist of three (3) modular jacks each (3-
plex) of which terminates on the 48-port patch panel.
q. Digital voice, analog voice and data will then be patch using colored patch cords
from the source to the appropriate jack(s).
r. Provide wiring for computers and printers as indicated by the City including
sleeping areas.
3.0 GENERAL EXTERIOR INFORMATION
3.1 Utilities & Site work
a. Hose bibs shall be provided at each of the following: apparatus room, patio, each
corner of the building, as needed at 75' intervals, the trash enclosure, and next to
the hose-drying ramp. Hose bibs shall not require a special key to operate or
access. Hose bibs at front of station will be enclosed.
b. Provide a 1 1/2" supply line off the sprinkler supply with a 2 1/2" outlet with
National Standard Pipe tread, controlled with a bronze ball valve, located in the
rear driveway/apparatus bay entrance area on a flat surface. This area should be a
level. .
c. Provide all tie ins to all laterals, i.e. sewer, water, etc.
d. Provide truck wash area. Truck wash area and hose wash rack shall be provided
with drains that properly route all runoff as to meet all county and city pollution
criteria.
e. Testing & Inspection shall be at the cost of the City and all re-inspections shall be
at the cost of the contractor
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f. Provide and implement a SWPPP.
g. Grading shall be +/ - .1 0 foot.
3.2 Fences & Gates
a. The facility will have security parking for personnel assigned to the station, and an
electrically operated rolling gate at a minimum of 6' above grade.
b. The security fence will be designed to provide security for City and personal
property inside and outside of the building.
c. All rolling gates will be electrically operated with keypad and remote capability
(linear brand remote) to include Opti-Com device and have a metal guidance track
(consider recessed) mounted in concrete that will guide the gate to its
predetermined closure point during every operation.
d. Exiting the parking area, the gate shall be activated by a ground-loop system
installed in the concrete.
e. Keypad shall be activated by City Standard Card-keys.
3.3 Concrete & Masonry
a. Approaches and driveways shall not exceed 4% grade
b. Provide a hose drying rack 6' x 50' sloped at 1/4" per foot. The rack shall be
surrounded on all sides with a minimum 3' walk. The rack will be bolted to the
concrete and movable if necessary (same as station 1 and 2).
c. A private parking area shall accommodate, as space allows, 2 (two) parking spaces
per person assigned to the station, approximately 12 spaces.
d. An unsecured visitor parking area shall be provided for two visitor spaces, and at
least one ADA compliant space.
e. Provide adequate signage for all parking areas and building entrances.
f. All outside paved areas shall be a minimum of 6 inches, 3600 psi concrete, with
steel at 12" on center, designed to accommodate heavy equipment. All concrete
shall have positive slope for drainage, catch basins if required. (See water
regulation requirements).
g. Provide concrete wheel stops at all parking spaces as necessary. Stops to be
pinned and not glued.
h. Provide adequate drainage to avoid pooling or ponding of water.
1. No asphalt surface will be allowed.
J. CMU shall be split faced or other architecturally approved wall. To be approved
by the City.
3.4 Roofing
a. Flat roof surfaces shall be minimized. If necessary, any flat-roofed surface shall be
"Tremco", SBS- modified bitumen roof.system with cool roof coating over fesco
or equal. Mechanical penetrations shall be kept to a minimum, but when used, shall
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have a 12" SBS modified granular cap sheet. Parapet walls in appropriate flashing
material, and all copings are to be galvanized metal. All terminations in the roof
shall be reflected in plan details.
b. Sloped roofs shall not be standing metal seam systems.
c. Rain gutters will be a separate unit and independent of the other roof systems. Rain
gutters must be able to be removed and replaced without compromising the
integrity of the roofing, flashing, or building finishes. Gutters shall be designed,
sized and installed in a manner to catch watershed. Internal roof drains shall be
insulated to minimize interior noise at living areas.
d. Acceptable Roofing Manufacturer: Tremco.
3.5 Doors, Frames & Hardware - ADA
a. Locks on exterior doors shall be compatible with Station #1 master system (Best
lock system).
b. All exterior station doors (except sliding glass doors) will be self-latching and
locking, with a keypad entry adjacent to each door.
c. All interior and exterior doors shall be set in metal frames.
d. All exterior windows shall be high quality, noise-reducing, dual glaze, temperature
efficient designs, low E. Second story windows, when required, shall have a tilt
feature allowing cleaning from the interior.
e. Doors leading to exterior to be operable from interior without a key when locked.
Doors shall be self-latching. These doors shall be on the Best lock system
f. Over-sized stainless steel push plates and kick plates shall be installed on all doors
as necessary per City approval.
g. Doors leading to apparatus room, and the exterior of station shall have mechanical
closures. Doors leading to sleeping areas and bathrooms will not have automatic
closers.
h. Doorbells will be capable of alerting the day room area, sleeping areas, kitchen,
offices, gym (if necessary) and apparatus area. Doorbells will be installed at the
front, rear and other public-accessible doors. The Doorbells will have different
tones to indicate activation location. Doorbell shall be tied to station alerting
system.
3.6 Lath, Plaster & Stucco
a. The exterior shall be finished in stucco, with expansion joints and reveals to meet
or exceed code and detailed on drawings. The stucco finish shall not have a heavy
texture. After color coat, the building is to receive a fog coat to insure uniform
color and finish. After proper curing, the building is to receive a stucco sealer.
b. Color and finish to be approved by the City.
3.7 Specialties & Signage
a. The fire station sign should be approved by the Fire Department. The sign should
read "CHULA VISTA FIRE DEPARTMENT, STATION NO.8". Letter size shall
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match station #7. Sign lettering will be illuminated for nighttime and controlled by
photocell in series with switching ability.
b. Address characters shall be a minimum of 6" high, visible from the street,
illuminated and controlled by photocell in series with switching ability.
c. Provide interior/exterior signs as necessary for doors, entrances, parking areas, and
other areas as deemed necessary by fire department personnel. Include signage on
offices and restrooms. Dormitory doors will display signage with numbers as
approved by Fire Department.
d. Provide a 30' ground mounted aluminum flagpole with halyard lock, capable of
accommodating two (2) 4' x 6' flags. Location to be approved by the City (see 3.8
e).
e. Provide a mailbox in accordance with Postal Service requirements. When a mail
slot is provided in a door or through an exterior wall, the access door cover must
cover the entire mail slot opening and open outwardly. This will prevent weather
and water damage to interior of the station. If required by postal Service to be
located on the street, box shall be lock fitted and watertight.
f. Traffic Control Device: The installation of traffic control devices shall control the
intersection nearest the fire station.
g. Provide and install a Dedication Plaque similar to fire station 7.
3.8 Electrical
a. Outside lighting shall be divided into zones, with timers and switches to provide
for energy conservation. Lighting as needed to illuminate the general surrounding
area of the fire station.
b. The crew parking area shall be illuminated with energy efficient fixtures, with cost
effective replacement bulbs, controlled by photocell in series with switching
ability.
c. Working lights shall be provided at the front and rear of the apparatus room, water-
fill area, apparatus wash area and hose ramp area. These fixtures will be controlled
by photocell with individual switching ability.
d. A red light shall be located near the entrance of the fire station. The light will be
controlled by photocell in series with switching ability.
e. Two (2) lights shall be located to illuminate the flagpole. These shall be controlled
by photocell in series with switching ability.
f. Lights shall be supplied to illuminate generator area.
g. Interior/exterior automatic transfer switch shall be provided for the generator.
4.0 LANDSCAPE ARCHITECTURE AND SITE LAYOUT
4.1 All landscape and irrigation plans shall be prepared and signed by a California licensed
landscape architect.
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4.2 All landscape and irrigation plans shall be prepared on City 'D' sheets to comply with
all applicable City standards, including but not limited to, the City of Chula Vista
Landscape Manual.
4.3 Landscape drawings shall conform to the design guidelines created as part of all
approved planning documents for Eastlake Woods.
4.4 All final Mylar landscape sheets shall be signed as approved by the Director of Parks
& Building Construction or Designee.
4.5 The landscape architect shall produce 'As Built' Mylar record drawings and digital
files for storage in the City's landscape drawing record system. Produce additional
sets of drawings as required by the landscape inspector.
4.6 Prepare a landscape site plan, in addition to the civil engineers site plan, as part of the
landscape drawing package that is a comprehensive plan of all planting areas, walks,
exterior circulation space, fencing, walls, flag poles, exterior lighting, trash receptacle
storage areas and BBQ patio areas, referred to elsewhere in this document. This sheet
shall be provided in addition to sheets showing planting, construction & irrigation and
shall be approved prior to production of construction sheets.
4.7 The planting palette shall provide a low maintenance, low water use design, with an
automatic irrigation system. The planting design shall include the use of a variety of
different plant material and forms including groundcover, shrubs and trees.
4.8 Trees shall be planted at a minimum 24" box size. All trees at or closer to hard
material than 5', shall have root barrier installed for 10' in either direction from the
center of the tree to protect the hard surface. Specify the use of a chemical root
barrier. All trees shall be watered independent from the rest of the planting areas with
two irrigation bubblers per tree on a designated valve ofthe irrigation system.
4.9 The automatic irrigation system shall comprise approved irrigation equipment in use
elsewhere in the City and as specified in the City of Chula Vista Landscape Manual.
Contact the City's Landscape Architecture Division for current information. The
irrigation system shall provide appropriate amounts of water to meet the water demand
of the plant material specified such that healthy plant growth can be a.chieved without
surplus irrigation or run off from planting areas. All irrigation details shall be
approved by the water district.
4.10 Include a designated water meter for landscape irrigation. (Design for reclaimed water
use unless informed otherwise by the water district.)
4.11 Planting & irrigation plans shall include all modifications to adjacent landscape
irrigation systems that may be necessary as a result of the development of the fire
station site.
4.12 Other than quick couplers all exterior hose bibs for cleaning purposes shall be supplied
with potable water.
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4.13 Ensure that all surface water drains away from the building. Drainage for the building
and landscape pad shall be collected on that pad for drainage off site to an approved
outlet. The landscape architect shall review all drainage proposals prepared by the
civil engineer prior to submittal to the City for approval
4.14 All turf areas shall be minimized, but if used shall be laid out to provide for easy and
efficient mowing and maintenance in combination with other fire station landscape.
4.15 Provide planting on retaining walls. Vines shall not be grown directly on building
walls.
4.16 Foundation planting maybe used so long as there is easy access for window cleaning
and access to meter boxes etc.
4.17 Specify the application of 4" bark mulch to all planting areas.
4.18 Provide specifications for both planting and irrigation.
4.19 Include a one-year maintenance establishment period for the landscape and irrigation
prior to turnover to the City for maintenance.
5.0 APPARATUS ROOM
Please note that no pre-engineered buildings, i.e. Butler Building, shall be used.
5.1 The apparatus room of approximately 2,400 square feet shall have drive-through stalls
and shall provide two (2) bays as required by assigned quantity and size of apparatus
and will be defined in design development. Apparatus room should be a minimum of
approximately 60 feet in length and 40 feet in width (useable space). Each bay should
be approximately 19 feet in width.
a. The apparatus area shall be capable of housing 2 to 3 vehicles including any
combination of the following:
I) Two (2) triple combination pumpers (1 for front line, I reserve)
2) One (1) Aerial ladder truck (1 reserve)
3) One (I) Medic Ambulance
4) One (1) Utility Vehicle
b. The apparatus room shall be insulated including the ceiling or roof. The ceiling
will be finished in drywall.
c. The apparatus room shall be provided with passive and positive ventilation.
d. The apparatus room shall be constructed without columns in the open space area.
e. Provide run ticket printer area with one (I) 3-plex jack at run ticket printer area.
f. Provide a run ticket printer area with a power outlet.
5.2 Overhead doors shall be provided at the front and at the rear of the apparatus area, for
each bay.
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a. Doors shall be heavy-duty commercial, sectional door with at minimum, a full-
width view panels at eye level.
b. The apparatus door dimensions are as follows:
Height: 14 feet
Width: 14 feet
c. Apparatus bay doors are to be the overhead roll-up-type, electrically operated.
d. Each door will have a separate electric eye and pneumatic safety device to prevent
contact with fire apparatus.
e. Overhead doors shall have a strobe blue-colored light adjacent to each, indicating
when door is moving UP or down. This lighting should be mounted on the interior,
both front and rear, and on the exterior of the rear door.
f. Doors are to be able to be operated with push buttons located by each door, and at
a central panel located per City approval.
g. Doors will also be radio-controlled by a controller receiver on or about the door
that is compatible with existing Linear-brand fire department controllers.
Controller/receiver shall use "dip-switches."
h. Buttons shall have open, stop and close positions.
1. Vision panels of full width are required on each door.
J. All doors shall be wired to the emergency electrical circuit to facilitate continuous
operation.
k. Doors are to be factory finished with powder coating.
1. Apparatus bay doors shall have the ability to have a manual override enabling the
door to be opened manually in 1.5 minutes.
m. Apparatus bay doors shall have programmable coding compatible with CVFD
standards.
n. Lights to be mounted in position that raised doors will not interfere with
illumination of bays.
o. Doors shall have anti-noise material installed on tracks.
p. Doors and floor layout should be capable of preventing rain, wind and insects from
passing by doors.
q. Apparatus doors shall have signage indicating height above each, mounted on the
exterior surface, front and rear.
5.3 Apparatus room floor is to be a minimum of6", 3250 psi concrete, and reinforced with
re-bar 12" on center.
a. The apparatus floor shall be poured in keyed sections using greased rods to connect
each section.
b. Sections shall be poured in a manner to slope to floor drains.
c. Where the concrete comes in contact with sidewalls, front and rear driveways, and
any other surface, the floor will be fitted with zip cap felt and caulking.
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d. Floor finish shall be hard-trowel, sealed colored-concrete. The City must approve
color.
e. The finished concrete shall be cleaned and sealed in the final phase of finish
construction. (Notes shall be made on the drawing to protect the concrete finish
throughout construction.)
5.4 Floor drains are to be located to have two (2) drains in each bay, located under the
apparatus. These are to be connected to an oil separator as required by code.
5.5 Apparatus Area Walls/Wall Space:
a. Stem walls shall be a minimum of 6" high with 4' high ceramic tile wainscot with
an integral covered base.
b. A smooth 10' high x 12' wide wall surface shall be provided for a district map. This
shall be constructed similar to the map at the Training Facility. Area will have
removable Plexiglas sections provided to cover the surface. Two 4' fixtures (or
other appropriate size) in-line fluorescent lights with two (2) tubes each, shall be
provided over the map area, and provide operating switch next to the map.
c. One (1) wall mounted 4' x 6' porcelain covered steel whiteboards shall be provided
on opposite sides of the Apparatus Area as designated by the City.
5.6 Exhaust Extraction System:
a. Adequate separation between the apparatus room and the living area shall be
provided to prevent the transmission of apparatus exhaust from the apparatus area
to the living areas of the station.
b. Mechanical ventilation shall be provided for the apparatus area with direct hookups
to the apparatus exhaust pipe removing 100% of engine exhaust to the outside of
the station.
c. The ventilation system shall be automatically actuated and have the ability to
provide drive-through or back in operation.
d. System shall be Plymo-vent with City approval.
e. Mount exhaust fan and motor at opposite side of building across from living area
to prevent excessive noise from entering the living areas.
5.7 Contractor to provide pre-plumbed air outlets from the air compressor area to the front
and rear walls located on each bay pillar of the apparatus bay. Contractor will also
provide retracting reels for areas between bays. Number to be determined by length of
bays with fire department approval. Retractable lines will be capllble of reaching all
areas of bays.
5.8 Electrical
a. Lighting shall be provided between each stall. Lights to be switched on or
automatically come on when the paging alert system comes on.
b. Drop cords on reels (with ratchet lock system) shall be provided on the driver's
side of each vehicle. Each cord is to be on its own circuit. The cord shall be 12/3,
600V, and water-resistant. The cord shall have a rubber coated, waterproof bell
box with a rubber coated lid, HBLl7CM85, having a built in switch and an "on"
indicator light. The cord will terminate with a female 20-amp connector. A 2' foot
12 8'-30
breakaway section will be added to the female termination having a 20-amp male
fitting on one end and a 20-amp female compatible with apparatus plug-in, on the
other end. The 20-amp end is to hang 12" from the floor.
c. Provide electrical outlets along all walls spaced at minimum 12' intervals, on wall
between apparatus doors, and on any stem walls.
d. Provide one (I) 3-plex jack at run ticket printer area with data and phone
capability.
e. Provide a power outlet at this location.
6.0 SPECIALIZED ROOMS/AREAS (WASH ROOM, WORK ROOM, ELECTRICAL
ROOM, MECHANICAL ROOM, LOCKER ROOM, WEIGHT ROOM, AND
COMMUNICA nON ROOMS)
6.1 A washroom of approximately 130 square feet shall be provided, and contain a washer,
deep sink, shower area, ice maker, hose bib, mop sink, EMS decontamination sink, and
equipment drying area.
a. The washroom shall have same finished surface as apparatus room with a central
floor drain.
b. A decontamination shower stall will be provided, being 4' x 5' in the clear.
c. A wall mounted deep sink and EMS sink shall be provided in this area. EMS sink
to have foot mounted control pedals. Faucet height shall be approved by the City.
d. Provide area to accommodate commercial front-load washer. This area for the
washer shall have hot and cold water, a drain for a residential washer and a floor
sink for a commercial washer, and provide space to house either type of unit.
Provide cabinet for miscellaneous storage with adjustable shelving.
e. See allowances for washer/dryer.
6.2 WorkRoom:
a. A workroom approximately 150 square feet is needed directly adjacent to the
apparatus area.
b. A compressor shall be installed and plumbed to provide access at all areas of the
apparatus room. Space shall be provided for a compressor capable of providing
nine (9) cubic feet per minute at 175 psi. The workbench will have a minimum of
41" clearance from floor to work bench. (An air compressor shall be installed on
the exterior of the apparatus room in a weather protected, well-ventilated room
with appropriate electrical supply).
c. Contractor will provide portable pressure regulator (capable of reducing pressure
from 200 psi to 50 psi) with quick disconnects for use at plumbed air outlets.
d. A 32" X 8' workbench constructed with a solid, 1 1/2 " hardwood top shall be
provided with a steel plate on top. A space shall be allowed for mounting a vise on
workbench top. Provide white pegboard above workbench for tool organization.
e. A floor drain will be installed in this area.
13
'6-3(
f. Provide cabinet with doors for miscellaneous storage with adjustable shelving.
6.3 Water Heater Room
a. Provide a separate area for water heater system, commercial quality as per UBC.
b. Water heater shall provide hot water to the entire facility.
c. All hot water pipes are to be insulated
d. Hot water should have circulation system with timer control for continuous hot
water.
6.4 Electrical Room: An approximately 50 square foot electrical/mechanical room shall be
accessible by San Diego Gas & Electric Company.
6.5 Communications Equipment Room
a. A communication room approximately 40 square feet shall be provided with
enough space to house computer LAN, telephone equipment, station alerting, cable
TV, and communications equipment.
b. The room shall be air-conditioned.
c. The walls shall be covered with painted 3/4" plywood, good one side, beginning 3'
off the floor and extending to 7'.
d. The contractor will also provide a mounting area for communication equipment.
e. Provide conduit, pull boxes, and pull cords to all rooms requiring communication
connections, including phones, cable TV, paging, station alerting and computer
equipment.
f. Provide four (4) circuits in communication room in double duplex boxes. Each
circuit shall be on emergency power.
g. Provide a two-inch conduit between the communication room and a weather head
mounted on the exterior of the building. This shall be located on a high portion of
the building next to a location for an antenna mount. An antenna mount shall be
provided using two unistruts placed 2' apart securely attached to the building.
h. Submit site plans to SBC Electrical Engineering section for SBC facilities site
plan.
1. Provide and install painted plywood backboards.
J. Conduit from the street into the MPOE must have a pull rope.
k. Conduit at the street must stub up eight inches above finished grade.
1. Conduits at the street (if more than one) must be grouped close enough together for
a pedestal to fit over.
m. There must be a ground wire in the MPOE attached to the ground used forlby
SDG&E #6 solid or #4 strand.
n. Contact SBC for MPOE inspection prior to SBC bringing telephone facilities in
form the pedestal/street.
o. The Communications Equipment Room shall be sufficiently lit.
p. Door shall open outward.
14
P -32..
q. See Attachment 18.3 Phone Chart.
6.6 Storage Room / Hose Storage Area/Turnout Drying Rack:
a. Provide a storage room of approximately 105 square feet with interior and exterior
access, vented doors, and be located near hose drying rack area.
b. Hose racks shall be installed to provide storage for hose compliment assigned to
station. The City must approve.
c. Install an exhaust fan with 6-hour manual timer switch.
6.7 Turnout Room: A turnout room shall be provided to house the required number of
turnouts for the crew size. The room shall be vented to the exterior and enclosed with
doors. Room shall have no sources of direct sunlight.
a. The number of lockers for a crew of six (6) shall be 21.
b. The lockers shall be affixed to the walls off of the floor. (See attached
specification sheet.)
c. The turnout room of approximately 210 square feet shall be located next to the
apparatus room. The room will be provided with passive and timer-switch-operated
positive ventilation.
d. Install a built in storage-shelving unit to accommodate storage of black bags.
Specifications similar to station 4 and 6.
7.0 LIVING AREAS
7.2 CAPTAIN OFFICES: one (I), with a minimum of 144 square feet each, and each to
provide for: (office furniture to be purchased by Office Pavilion or current City
vendor).
a. One (1) City Standard Work Station with swivel chairs.
b. Counter space for a computer, printer, and a facsimile machine.
c. A space for three (3) legal size 4-drawer file cabinets, to be provided by the Fire
Department.
d. Provide space for a four-shelf bookcase (48"x36").
e. Provide electrical outlets for computer, printer, fax machine, and utility use in
proper locations by the equipment.
f. Provide two (2) 3-plex jacks, two (2) for phones two (2) for computer and one (I)
for fax.
g. Install a built in lock box for key storage.
7.3 ENGINEER AND FIREFIGHTER OFFICE with a minimum of 144 square feet and
provide for:
a. Two (2) City Standard workstations with swivel chairs.
b. Counter space for a computer, printer.
c. A space for one (1) lateral file cabinet, to be provided by the Fire Department.
d. Provide electrical outlets for computer, printer, fax machine, and utility use in
proper locations by the equipment.
15
8-33
e. Provide two (2) 3-plex jacks, two (2) for phones, two (2) for computers.
7.4 PARAMEDIC OFFICE with a minimum of 144 square feet and provide 144
a. Two (2) City Standard workstations with swivel chairs.
b. Counter space for a computer, printer.
c. A space for one (I) lateral file cabinet, to be provided by the Fire Department.
d. Provide electrical outlets for computer, printer, fax machine, and utility use in
proper locations by the equipment.
e. Provide two (2) 3-plex jacks, two (2) for phones, two (2) for computers.
7.5 MAIN ENTRY DOOR:
a. The main entry door and entry area shall be located next to the offices and near the
ADA bathroom.
b. There shall be a wall-mounted bronze dedication plaque similar to Fire Station No.
7.
7.6 DAY ROOM:
a. The day room of approximately 400 square feet shall be large enough to house the
number of crew (6) assigned to the station in large chairs
b. Room is to be separate from the kitchen and dining area.
c. Provide built-in cabinet space for a 36" TV, videocassette recorder, DVD Player,
and Cable T.V. box with access to a double duplex outlet. This unit may be
designed with shelving for books. Wiring for surround sound shall be included.
d. Floor is to be carpeted in this area.
e. Provide one (1) 3-plexjack.
7.7 KITCHEN AND DINING AREA
a. The kitchen and dining rooms may be designed together or considered separate.
The dining and kitchen areas combined shall be a minimum of 400 square feet. If
the two are to be open to each other sufficient wall space will be considered to
allow adequate cabinets for storage.
b. Provide table area capable of seating eight (8) personnel in dining area.
c. The floor of both areas are to be porcelain ceramic tile with minimal dark grout
lines or sealed colored concrete. Use only epoxy grout.
d. Provide place for receptacle and recyclables in kitchen/dining area similar to
Station 7.
e. Towel dispenser (tri-fold) shall be mounted in a convenient area closest to each
sink compatible with city standards.
f. Provide area for commercial type coffee maker.
g. Cabinet Space / Storage Space:
1) All cabinets shall be W.I.C. Custom Grade.
'3-3t/-
16
2) The sides, bottoms, backs, and doors are to be 3/4" exterior glue plywood
Formica laminated on all exposed sides. The top is to be 3/4" ply as a backing
for counter top. Shelves shall be 3/4" exterior rated ply covered on both sides
with laminate, edge faced with 1 1/4" banding, and be adjustable. No
particleboard with melamine.
3) Doors are to be installed with stainless steel Rockford Process Control hinges,
851 overlay brushed stainless steel. Pulls are to be stainless steel wire pull type.
4) All cabinet exposed surfaces shall be plastic laminated material.
5) Provide three separate pantries, each pantry is to have individual lock and key,
the minimum size of each pantry is 2' x 2' x 8', with adjustable shelves.
6) All cabinets over 18" deep shall have pullout shelves.
7) Provide cabinets over the kitchen counter to assure adequate storage space for
dishes and food.
8) Base cabinet counter tops shall be 37 1/2" high with drawers on heavy-duty
glides. Cabinet space shall be maximized to provide adequate storage for
utensils, pots, pans, and food.
9) Provide a solid surface (Corian type) kitchen counter with full back splash to
bottom of upper cabinets and a built-in double sink. Sink to be stainless steel
under mount #4 finish, l4-gauge bottom coated. Dimensions: 34" total width,
each sink 17" x 14" x 10" depth; sink to have a one (1) hole, single handle
control with integral pullout spray attachment. Provide a heavy duty (minimum
3/4 horsepower) stainless steel garbage disposal.
10) Provide reverse osmosis drinking water system with countertop dispenser.
System to be approved by the City.
11) Provide dishwasher and provide space and all connections. Washer shall be
installed to allow for its removal with finished floor. Dishwasher model to be
approved by the City.
12) Cabinet shelf for microwave built into upper cabinets. Provide two (2) open
upper cabinet space (shelves) and electrical outlets for two (2) 1.5 cubic foot
microwave ovens. See station 7 specifications.
h. Wall and Floor Surfaces
1) Walls shall be covered with a maintenance free wall covering material with a
gloss surface.
2) A stainless steel wall surface is required adjacent to the range-cooking surface.
3) Floors shall be covered with a porcelain ceramic tile with minimal dark grout
lines or sealed colored concrete. Use only epoxy grout.
1. Refrigerators:
1) Provide space, water supply, electrical outlets and ventilation for three (3)
Energy Star Model, refrigerators to accommodate six (6) people on three (3)
shifts similar to Station 7.
2) Refrigerators to be approved by the City.
17
~-3'5
J. Gas Range and Oven:
I) Provide a 36" wide Viking heavy-duty gas range with convention oven.
2) Rear walls shall be covered in stainless steel.
3) Stove to be adjacent to cabinets with adequate protection.
4) Provide a 36" wide stainless steal shelf, 18" high.
k. Range Hood:
I) A matching Viking stainless steel, hood for 36" range with warming I lights
shall be provided.
2) Range hood shall include lights, a two-speed, roof-mounted exhaust fan with a
3/4 HP motor capable of proper CFM, and removable, washable stainless steel
filter screens.
8.0 SLEEPING AREAS (All dimensions are in the clear.)
Sleeping areas shall be located to minimize disturbance to others when one crewmember is
alerted and responding to emergency incidents. Each room shall be insulated and have sound
battens on adjoining walls. Minimize disturbances from noise.
8.1 . All Sleeping Areas:
a. Shall be II' x II' rooms.
8.4 Lockers are to be provided in each dorm room.
a. Four lockers shall be located in each room.
b. Lockers shall meet standard Chula Vista Fire Department personnel locker
specifications similar to Station #7 (see attached drawing attachment). Locker
towel rack and shelf height to be approved by the City.
c. Provide an inset key lock similar to Fire Station No.7. Each locker is to be keyed
and marked from 801 to 824. A master key is to be provided to the City.
8.5 All sleeping areas shall have desks built-in each room.
a. 40" desk units with shelving similar to station 7.
8.6 Lighting:
a. Provide fluorescent under shelf mount lighting above each desk, with individual
control.
b. The overhead lighting fixture is to be individually controlled from within each
room.
c. Provide an exterior window to provide natural light.
d. At the head of the bed provide one ceiling installed can light to facilitate reading in
bed. Light should have dimmer switch near head of bed. Light choice and location
to be approved by the City. Do not use fluorescent fixture.
8.7 Wall mounted adjustable swivel television brackets shall be placed in each dorm room
with cable and electrical outlets provided. Similar to station 3 and 4. Do not duplicate
station 7.
~-3'
18
8.8 Provide one (I) 3-plexjack for each room.
9.0 BATHROOMS
9.1 Bathrooms of approximately 80 square feet minimum shall be provided to
accommodate separate male and female occupancy.
9.2 At least one bathroom shall meet ADA Requirements for public and staff.
9.3 Provide a shower, a sink and a commode per each two (2) personnel; not to include
ADA required restroom, which is for public access only.
9.4 If partitions are to be used, they shall be Phenolic or solid plastic type, with stainless
steel hardware, and no metal partitions. .
9.5 Showers:
a. Showers shall be 36" x 40", in the clear with rain-glass shower doors, with
individual drying enclosures which will be contiguous with their respective
showers. The enclosure will have a folding seat with phenolic seat and stainless
steel frame, as Bobrick B5191, three double stainless steel hook, and two (2) 24"
towel bars, Bobrick B205.
b. Showers are to be hot-mopped in or have a solid terrazzo or equal pan.
c. The tile at the shower area is to be epoxy e:routed.
d. Provide one (I) inset tiled area (approximately 14" x 14") for soap and shampoo
bottles.
e. Showerhead plumbing shall be 6' 4" high on wall.
9.6 Lavatory Sinks:
a. To be mounted on 37 1/2" cabinets, solid surface (Corian type) counter tops with
built-in solid surface sinks.
b. Mirror will be constructed with a stainless steel frame, as Bobrick B290, call out
varies with size, minimum 2' x 2'.
c. Install 24" stainless steel towel bar.
d. Sinks and faucets to be approved by the City.
9.7 Soap Dispenser:
a. A liquid soap dispenser shall be provided for each lavatory.
b. Liquid dispenser to be compatible with soap now being used by the fire
department.
9.8 Towel Dispenser:
a. Towel dispenser shall be mounted in a convenient area closest to each sink.
b. Towel dispenser to be tri-fold wall mount.
9.9 Toilets:
a. Commodes shall be residential quiet flush toilet (tank type) and be enclosed by
walls or partitions.
'8-37
19
b. Partitions shall have a double roll toilet paper dispenser, shoreline 830, and toilet
seat cover dispenser.
c. Toilet to be approved by the City.
9.1 0 Floors are to have floor drains and be finished in porcelain ceramic tile with minimal
dark grout lines or sealed colored concrete. Use epoxy grout.
9.11 The walls are to have tile wainscot to 4'.
9.12 Each shower and toilet shall have a separate fan. Bathroom fans to be on separate
timer switches.
9.13 No plumbing or towel dispensers shall be installed on or in walls adjacent to dorms.
Any plumbing that intersects the concrete slab shall be sleeved to prevent possible
damage.
9.14 Bathroom tile to be mounted on wonder board or cement with thin set, no mastic.
9.15 Counter tops shall be solid surface (Corian type) or a similar material and to be
approved by the City.
10.0 EXERCISE / PHYSICAL CONDITIONING AREA
10.1 An exercise room or physical conditioning area shall be provided in the fire station.
10.2 Exercise room shall be a minimum of 300 square feet and be provided with windows,
and have HV AC.
10.3 Provide ceiling fans.
10.4 The walls will be backed with a minimum of 1/2" ply with drywall covering, and have
backing to mount burden equipment.
10.5 The floors shall be on concrete or have double 3/4" plywood and covered with rubber
gym flooring. Flooring to extend up wall a minimum of 2 feet.
10.6 Flooring to be approved by the City.
10.7 Provide wall mounted adjustable television bracket, 27" max. with cable and electrical
outlets.
10.8 Location to be determined by the City.
10.9 See alternates for full-length mirrors located at walls near equipment.
10.10 Ceiling to be a minimum of 9 feet flat or vaulted.
10.11 Provide television-mounting bracket that will also accommodate stereo receiver.
Install two (2) ceiling mounted spe*ers similar to station 2 Bose system.
11.0 STORAGE ROOMS
11.1 Provide as many rooms as possible to best utilize space.
1l.2 At minimum there shall be two (2) supply closets and one (I) storage room of
approximately 100 square feet accessible from the exterior for equipment and tools,
including gasoline storage.
11.3 Lockable storage shall be provided to accommodate drugs and medications.
20 2 -3e
12.0 PATIO
12.1 Provide a private patio with gas outlet for a barbeque, a 5' privacy wall and drainage
as necessary.
12.2 Provide patio cover similar to station 7.
13.0 STAND-BY GENERATOR
13.1 A diesel-fueled stand-by generator shall be provided for continuous standby service.
13.2 Fuel will be utilized from a day tank mounted on the generator and/or automatically
refilled from the above ground diesel storage tank. Pumps and controls shall be
provided to keep the day tank filled and sufficient check valves are needed to maintain
a prime at the generator engine.
13.3 A trickle charger shall be installed to maintain proper charge of generator batteries.
13.4 The stand-by generator shall operate the entire station.
13.5 Provide an automatic transfer switch at generator.
13.6 The generator and its engine shall comply with the most current Federal, State, County
and Local laws, regulations, standards, and codes. The engine shall be carbed certified,
and meet all EP A standards.
13.7 Site away from sleeping areas.
14.0 GENERAL PLUMBING
14.1 Toilets shall be floor mounted with water saving flush valves.
14.2 The restrooms shall have floor drains with trap primers. Primers are to be solid brass
or bronze, no plastic parts, and are to be finished in inspection panels.
14.3 Hose bibs on front of the station shall be installed with box housing and be loose key
type. Hose bibs inside secure rear station areas shall be exposed and have operating'
handles.
14.4 Plumbing walls shall have 2" x 6" studs.
14.5 All hot water pipes are to be insulated. Hot water should have circulation system with
timer control for continuous hot water.
14.6 All angle stops are to be ball-type.
14.7 Shower valves are to be compatible with City plumbing standards with integral stops
and to be approved by the City.
14.8 Kitchen faucet single hole faucet with pull out sprayer, compatible with City standards
and be approved by the City. Kohler sinks with Chicago faucets.
14.9 Lavatory faucets are to be single handle and compatible with City standards and be
approved by the City.
15.0 GENERAL ELECTRICAL
15.1 Switches, panels and breakers shall only be Square D.
15.2 Outside lighting shall be divided into zones, with timers, photoelectric cells, sensors
and switches to provide for energy conservation. Lighting shall be provided as needed
to illuminate the general surrounding area of the fire station.
21 9 -34
15.3 Cost of replacement bulbs, and compatibility with existing fixtures used by the City
shall be considered in selection of fixtures.
15.4 Flexible conduit should only be used to connect motors and for layout of fixtures.
15.5 All receptacles and switch boxes shall be 4" x 4" x 1 1/2" with mud rings.
15.6 Telephone systems, computer systems, radio communications, and cable television
systems shall be designed in the building development.
15.7 Computer systems shall be on dedicated circuits.
15.8 Use stranded conductors for all feeders and branch circuits.
15.9 All wall switches shall be commercial grade, heavy duty, 20-amp, 120v/277v and
duplex receptacles shall be commercial grade heavy duty, 15-20 amp l20v/277v.
15.1 0 Wall plates shall be non-breakable nylon or stainless steel.
15.11 Use standard light fixtures where possible and no incandescent lamps.
15.12 Provide wire markers on each connector in the pull panel, pull boxes, and junction
boxes. Label the inside of all cover plates and junction boxes with the appropriate
circuit number.
15.13 Connect all wiring device grounding terminals to outlet box with bonding jumper.
15.14 All other wiring to be concealed in EMT or rigid conduit.
15.15 Plenum rated cable to be used.
15.16 Run printer area shall have one (1) 3-p1ex jack.
16.0 TRASH ENCLOSURE
16.1 Adequate enclosed space shall be provided for trash, recycle material and garbage
containers 8' x 5' x 6' high minimum.
a. Provide a hose bib at trash enclosure.
17.0 ATTACHMENTS
17.1 Dormitory Locker Design (Similar to CVFD Station #7)
17.2 Safety Clothing locker specifications.
17.3 Phone Chart
22
'if-lfO
~
~
r-...
~
Fire Station #3 Locker Plan
en
M
Top 4" Panel
l' High
2' 5 1/4"Width
l' 8" DeeD
Clothes Bar
Adjustable
Shelf
Adjustable
Shelf
l' 2 1/4"
Wide
l' Deep
Adjustable
Shelf
l' 3"
Wide
l' Deep
Built-in
Shelf
l' 2" High
l' 4" Deep
Bedding Drawer
1'1" High
1'10" Wide
1'11" Deep
Kick Panel
All measurements
are interior measurements
Mirror
l' x 2' 2"
1 1/4" x 4" x 16"
Shelf
I ,
I 18" Towel Bar I
Minimum of 30"
Clearance to
bottom of door
Locker Door
H:IADMIN\Building and Park ConstructionlFire Station #8\CYFD Program.mfr.doc
Locker
23 8-L{ I
Revised Exhibit 2
Chula Vista Fire Station No. 8
GMP Summary
Cost of Work:
Construction $5,089,157.00
General Conditions $339,553.00
Subtotal: $5,428,710.00
Staff Costs:
Fee (5.25% of Cost of Work $308,104.00
Design & Preconstruction $425,161.00
Insurance/Bond $114,938.00
Total GMP $6,276,913.00
8- 1./2-
COUNCIL AGENDA STATEMENT
C1
Item: '
Meeting Date: 1/17/2006
ITEM TITLE:
RESOLUTION ACCEPTING URBAN AREA
SECURITY INITIATIVE GRANT PROGRAM FUNDS AND
,
APPROPRIATING FUNDS THEREFORE
RESOLUTION ACCEPTING UNANTICIPATED
STATE HOMELAND SECURITY GRANT FUNDS AND
STATE EMERGENCY MANAGEMENT PERFORMANCE
GRANT FUNDS, AND APPROPRIATING FUNDS
THEREFORE
RESOLUTION AWARDING PURCHASING
AGREEMENTS TO FISHER SAFETY SCIENTIFIC AS MAY
BE REQUIRED FOR SAFETY SUPPLIES AND
EQUIPMENT
REVIEWED BY:
Fire Chief DAf
City Manager f}c IlK (4/5ths Vote:
YesLNo _l
SUBMITTED BY:
The City of Chula Vista is the recipient of several grant allocations from State and
Federal Homeland Security and Emergency management Performan<;e Grants
totaling $538,552. These grants are administered by the City of San Diego
Office of Homeland Security and the County of San Diego and distributed on a
formula basis to participating agencies. As stipulated by the grants, $230,216
will be spent on equipment (personal protection and for operational tools to be
used), $179,122 will be spent in training of first responders, $18,420 on
Community based Disaster Planning Programs including CERT and RSVP,
$10,000 for improvements to the City's Disaster Plan and Emergency Operations
Centers including staff training and other costs and $100,794 will be spent in
planning and exercises for general disaster preparedness and counter terrorism.
RECOMMENDATION: That the City Council:
. Approve the resolution accepting the $184,216 from State Homeland
Security Grant Funds and the State Emergency Management
Performance Funds and appropriating $28,420 to services and supplies,
9-1
$137,796 to personnel services, and $18,000 to capital services of the
fiscal year 2006 Disaster Preparedness budget.
· Approve the Resolution accepting $354,336 from Urban Area Initiative
Security Grant Program Funds and appropriating $234,336 to services
and supplies and $120,000 to personnel services of the fiscal year 2006
Disaster Preparedness budget.
· Approving the Resolution awarding Purchasing Agreements to Fisher
Safety Scientific as may be required for Safety Supplies and Equipment
BOARDS/COMMISSIONS RECOMMENDATION: N/A
BACKGROUND:
Before grant funds can be expended the Urban Area Security Initiative (UASI)
grant stipulates a Memorandum of Understanding (MOU) between the City of
San Diego Office of Homeland Security and the participating agency is in effect.
The MOU is required to ensure compliance with the grant assurances for the San
Diego Urban Area Security Initiative. On September 14, 2004 Council approved
a Memorandum of Understanding with the San Diego Urban Area Security
Initiative for this purpose.
On February 22, 2005, Council accepted and appropriated FY 03 UASI Part /I
grant funds and FY 04 UASI grant funds in the amount of $710,572. These
funds were used as follows: $310,026 from the FY 03 part /I UASI equipment
grant and $189,351 from the FY 04 UASI equipment grant were used to
purchase specified first responder protective clothing and related tools and
equipment for Fire, EMS and Police. An additional $211,195 from the UASI
FY03 & FY 04 UASI grants were used to train and prepare Police, Fire and City
personnel on emergency preparedness.
The above purchases have been made and funds expended. The training of
Police, Fire and EMS personnel has also been completed. Reimbursement
claims were submitted to City of San Diego and the County of San Diego Office
of Emergency as required by the grant.
DISCUSSION:
Equipment Grants
The funds allocated under these grants are being released to the 19 San Diego
Urban Area jurisdictions for expenditure. Per grant stipulations, these funds will
be used to purchase specified first responder personnel protective equipment
(PPE) for the Police Department, Emergency Medical Services and Fire
Department. The funds are distributed based upon the jurisdictions number of
public safety personnel for the purchase of first responder PPE and equipment.
Once PPE needs are met at the established UASI standard, jurisdictions can use
9-2
funds designated for PPE on other equipment in the high criticality categories of
the San Diego Urban Area Security Strategy. The other equipment must be part
of the authorized equipment purchases stipulated by the grant.
Award of the Purchasino Aareement
The City of Chula Vista Municipal Code Section 2.56.140 authorizes the
Purchasing Agent to participate in cooperative arrangements with other
governmental agencies for the acquisition of equipment purchased through a
competitive process. The City of San Diego and County of San Diego have
formally awarded contracts to Fisher Safety Scientific for purchase of first
responder personnel protective equipment. The State of California has recently
announced a new procurement program through Fisher Scientific as well. The
program offers shorter procurement times and online ordering. Both Police and
Fire have purchased previous personnel protective equipment from Fisher
Scientific. Awarding purchasing agreements to Fisher Scientific would expedite
the purchasing process and maintain equipment uniformity.
The mechanism to use these purchase agreements will be as follows:
City staff has already determined a priority list of equipment that will be
purchased from these funds. The Emergency Services Manager will determine
which of the items on the City's list are found in the Fisher Scientific catalog and
will determine the total cost. The Emergency Services Coordinator will contact
the contract coordinator at the City of San Diego and they will be given direction
to release the funds from Chula Vista to Fisher Scientific. This procedure will
save shipping fees and taxes for many items, therefore increasing the City's
ability to secure items needed. When items on the City's spending plan can no
longer be found in the Fisher Scientific catalogue the Emergency Services
Manager will request the City of San Diego to freeze the account and redirect the
funding for direct purchase by city of Chula Vista of items not in the catalogue.
The City will continue to have control of the expenditures not found in Fisher
Scientific catalogues by following normal purchasing procedures.
Traininq Grants (UASland State EMPG)
The training funds pay for overtime, backfill and travel costs related to homeland
security training for Police and Fire Department staffs. The Citywide Emergency
Services Manager has worked with all Departments in identifying training suited
to the different grants. All training courses must be part of the approved UASI
training module for all agencies in the County of San Diego. The majority of
these funds will be used to cover backfill expenses and overtime for Police and
Fire. Some funds will be used for travel expenses and to pay instructors and
other City Staffs in accordance with grant provisions.
9-3
Most of this training will be conducted on an overtime basis in order to minimize
disruption to daily operations. The overtime will be reimbursed by training grants
as available.
Grant Requirements
These grant funds end October 31,2006. There are no matching funds required.
The grant funds will be distributed on a reimbursement basis.
As previously mentioned, before grant funds can be expended the UASI grant
stipulates a Memorandum of Understanding (MOU) between the City of San
Diego Office of Homeland Security and the participating agency is in effect. The
MOU is required to ensure compliance with the grant assurances for the San
Diego Urban Area Security Initiative. Council approved the MOU on September
14,2004.
FISCAL IMPACT:
Acceptance of this grant will provide funding for needed first responder
equipment and citywide first responder training. The total grant allocation to the
City of Chula Vista is $538,552. There is no net impact to the General Fund.
9-4
RESOLUTION NO. 2006-
RESOLUTION ACCEPTING URBAN AREA
SECURITY INITIATIVE GRANT PROGRAM FUNDS, AND
APPROPRIATING FUNDS THEREFORE
WHEREAS, The City of San Diego is the designated Urban Area Security
Initiative Grant (UASI) Coordinator for San Diego Region; and,
WHEREAS, the Emergency Services Manager is the designated agency
coordinator for UASI and other Disaster Preparedness and Management grant
funds; and,
WHEREAS, the City of Chula Vista is eligible to receive $354,336 from
these training and equipment grants; and,
WHEREAS, the additional grant funds will be used to complete the
outfitting and training of first responders; including Police, Fire, Public Works
Operations and EMS staff with chemical resistant personnel protective equipment
(PPE) and auxiliary equipment; $179,122 will be spent for protective equipment
and other tools, $175,214 will be spent for staff training to cover overtime and
other compensation costs; and,
WHEREAS, The Emergency Services Manager is recommending these
funds be used to train and prepare Police, Fire, Public Works and other City staff
on disaster preparedness and terrorism response; and to purchase the necessary
equipment to carry out their respective job functions.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does
hereby accept Urban Area Security Initiative (UASI) grant funding in the amount
of $354,336 and appropriates $120,000 to personnel services and $234,336 to
services and supplies of the fiscal year 2006 Disaster Preparedness budget.
Presented by:
Approved as to form by:
.~
"~~lf'.M'\\\'~~~\i
Ann Moore
City Attorney
ouglas A Perry
Fire Chief
H:!shared/attorncylFire - 06 UASl Grant
9-5
RESOLUTION NO. 2006-
RESOLUTION ACCEPTING UNANTICIPATED
STATE HOMELAND SECURITY GRANT FUNDS AND
STATE EMERGENCY MANAGEMENT PERFORMANCE
GRANT FUNDS, AND APPROPRIATE FUNDS THEREFORE
WHEREAS, The County of San Diego is the Operational Area
coordinator for Homeland Security and Emergency Management Performance
Grant Funds; and
WHEREAS, the City's Emergency Services Manager is the designated
agency coordinator for UASI and other Disaster Preparedness and Management
grant funds for the City of Chula Vista; and,
WHEREAS, the City of Chula Vista is eligible to receive $184,216 from
these planning and equipment grants; and,
WHEREAS, these grant funds will be used to provide funding for training
of emergency management and other staff not covered by previous grants,
$18,420 will be used purchase equipment to enhance the Citizens Emergency
Response Team program and integrating the RSVP program with the CERT
program to strengthen both programs, including the development, printing and
distribution of educational materials used for public education to support the
hazard mitigation plan; $10,000 will be used to facilitate training for Emergency
Operations Center staff and others; $155,796 will be used for developing or
enhancing the continuity of emergency operations and continuity of the
government plan, software programs, integrated systems and to cover overtime
and other costs related to a training and exercise program for fire and police
staffs; and,
WHEREAS, The Emergency Services Manager is recommending these
funds be used as stated above.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does
hereby accept State Homeland Security Grant Funds, State Emergency
Performance Grant Funds, in the amount of $184,216 and appropriates $28,420
to services and supplies, $137,796 to personnel services, and $18,000 to capital
services of the fiscal year 2006 Disaster Preparedness budget.
Presented by:
~-}
Fire Chief
Approved as to form by:
~'lY~\%{~'~".
Ann Moore
City Attorney
H:/sharedlattorneylFire -06 HSGP Grant
9-6
RESOLUTION NO. 2006-
RESOLUTION AWARDING PURCHASING
AGREEMENTS TO FISHER SAFETY SCIENTIFIC AS MAYBE
REQUIRED FOR SAFETY SUPPLIES AND EQUIPMENT
WHEREAS, the City of San Diego is the designated Urban Area Security
Initiative Grant (UASI) Coordinator for San Diego Region; and,
WHEREAS, Chula Vista's Emergency Services Manager IS the designated
coordinator for UASI grant ftmds distributed to the City; and,
WHEREAS, the City of Chula Vista is eligible to receive $175,214 from the
UASI FY06 equipment grant; and,
WHEREAS, per grant stipulations, these ftmds will be used to purchase specified
first responder personnel protective equipment (PPE) for the Police Department,
Emergency Medical Services and Fire Department; and,
WHEREAS, The City of Chula Vista Municipal Code Section 2.56.140
authorizes the Purchasing Agent to participate in cooperative arrangements with other
governmental agencies for the acquisition of equipment purchased through a competitive
process; and,
WHEREAS, The City of San Diego and County of San Diego have formally
awarded contracts to Fisher Safety Scientific for the purchase of first responder personnel
protective equipment; and,
WHEREAS, The State of California has recently armounced a new procurement
program through Fisher Safety Scientific; and,
WHEREAS, The program will offer reduced pricing, shorter procurement times
and online ordering; .and,
WHEREAS, The FY06 UASI grant requires all personnel protective equipment
purchases be made by the end of October 2006; and,
WHEREAS, Both Police and Fire have purchased previous personnel protective
equipment from Fisher Safety Scientific; and,
WHEREAS, Awarding purchasing agreements to Fisher Safety Scientific would
expedite the purchasing process and maintain equipment uniformity; and,
9-7
WHEREAS, the City's Emergency Services Manager recommends this as a
positive step in getting the City ready for a natural disaster or a terrorist attack.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby
award purchasing agreements as may be required to Fisher Safety Scientific for safety
supplies and equipment.
Presented by:
Approved as to form by:
-:)
~\\\'\\).r-t\~ \\
Ann Moore .
City Attorney
ouglas A. Perry
Fire Chief
H;/sharedlattomeylFire - 06 VASI Grant Fisher
9-8
COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
ID
1/17/2006
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING
UNANTICIPATED GRANT FUNDS FROM THE
SWEE1WATER UNION HIGH SCHOOL DISTRICT AND
AMENDING THE FY 2005-06 BUDGET TO APPROPRIATE
SAID FUNDS
Fire ChiefJ)l\f
/1 vR
City Manager 'JI ~ (4/5ths Vote: YesLNo _)
SUBMITTED BY:
REVIEWED BY:
The Emergency Services Manager has been asked to provide assistance in
coordinating Citizens Emergency Response Training (CERT) and Standardized
Emergency Management System (SEMS) training for the Sweetwater Union High
School District (District), Additionally, equipment for the CERT program needs to
be periodically replenished. This includes the recharging of fire extinguishers and
the purchase of other related items, A total of $2,275 in grant funds received by
the school district will be allocated to the Fire Department for services and
equipment to be rendered under the Emergency Crisis and Response Grant
RECOMMENDATION: That the City Council accept the unanticipated grant
funds from the Sweetwater Union High School District in the amount of $2,275
and amend the FY 2005-06 budget to appropriate the funds to the Fire
Department personnel and services and supplies budget.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
.
The Sweetwater Union High School District has received a $250,000 federal
grant award from the Department of Education to work with local police and fire
departments, hospitals, mental health agencies and government officials from
each of the cities the District serves to improve and strengthen the emergency
response and crisis management plan for the South Bay Region, The grant
funds will be used to build an overarching structure of interagency alliances to
ensure cohesive prevention, preparedness, and mitigation plans for emergency
services. The grant will also be used to develop and complete response and
recovery plans for any local disaster. A task force comprised of partner agencies
has been working with the school district to implement the project.
10-1
Item: 10
Meeting Date: 1/17/2006
The Emergency Services Manager has been asked to provide assistance in
coordinating CERT and SEMS training for the Sweetwater Union High School
District. Additionally, equipment for the CERT program needs to be periodically
replenished. This includes the recharging of fire extinguishers and the purchase
of other related items. A total of $2,275 in grant funds received by the school
district will be allocated to the Fire Department for services and equipment to be
rendered under the Emergency Crisis and Response Grant. The funds will be
used in the following manner:
· $2,275 to recharge extinguishers and purchase related training materials
and supplies.
Grant Reauirements
The grant requires that the District work in partnership with local agencies,
including Police and Fire Departments, to develop safety plans and provide
emergency management training. The Emergency Services Manager for the City
has been an active participant on the grant task force and has worked with the
District to design training sessions, which will strengthen and improve
interagency emergency response to natural and man-made disasters. The Fire
Department has agreed to provide trainers and to also provide related training
materials and equipment. The $2,275 will be used to purchase related training
materials and equipment as well as recharge fire extinguishers. There are no
matching funds required.
FISCAL IMPACT:
Acceptance of the $2,275 grant from the Sweetwater High School district will
enable the Fire Department to offset costs associated with providing the
requested training and recharging the fire extinguishers and buying additional
tools and equipment for the CERT program. There is no General Fund impact
projected.
10-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING UNANTICIPATED GRANT
FUNDS FROM THE SWEETWATER UNION HIGH SCHOOL
DISTRICT AND AMENDING THE FY 2005-2006 BUDGET TO
APPROPRIATE SAID FUNDS
WHEREAS, the Sweetwater Union High School District received a $250,000 federal
grant award from the Department of Education to work with local police and fire departments,
hospitals, mental health agencies and government officials from each of the cities the District
serves to improve and strengthen the emergency response and crisis management plan for the
South Bay Region; and
WHEREAS, the grant funds will be used to build an overarching structure of interagency
alliances to ensure cohesive prevention, preparedness, and mitigation plans for the emergency
services; and
WHEREAS, the grant will also be used to develop and complete response and recovery
plans for any local disaster; and
WHEREAS, a task force comprised of partner agencies has been working with the school
district to implement the project; and
WHEREAS, the Emergency Services Manager has been asked to provide assistance in
coordinating CERT and SEMS training for the Sweetwater Union High School District; and
WHEREAS, equipment for the CERT Program needs to be periodically replenished; and
WHEREAS, this includes the recharging of fire extinguishers and the purchase of other
related items; and
WHEREAS, a total of $2,275.00 in grant funds received by the school district will be
allocated to the Fire Department for services and equipment to be rendered under the Emergency
Crisis and Response Grant; and
WHEREAS, the funds will be used to recharge extinguishers and purchase related
training materials and supplies; and
WHEREAS, the grant requires that the District work in partnership with local agencies
including Police and Fire Departments, to develop safety plans and provide emergency
management training; and
10-3
WHEREAS, acceptance of the $2,275.00 grant from the Sweetwater High School District
will enable the Fire Department to offset costs associated with providing the requested training
and recharging the fIre extinguishers and buying additional tools and equipment for the CERT
program.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby accept unanticipated grant funds in the amount of $2,275,00 from the Sweetwater
Union High School District and amends the FY 2005-06 budget to appropriate said funds.
Presented by
~l
Approved as to form by
ouglas A. Perry
Fire Chief
~~~~\\
Ann Moore "
City Attorney
J;\Attorney\Reso\grants\Grant ~ SUHSD for CERT and SEMS
10-4
.~-
COUNCIL AGENDA STATEMENT
Item II
Meeting Date 1/17/06
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING
THE REALLOCATION AND APPROPRIATION OF FUNDS TO ADD A GRAPHIC
DESIGNER POSITION TO THE OFFICE OF COMMUNICATIONS
SUBMITTED BY: Director of communications~~
REVIEWED BY: City Manager i ~ JlR
BACKGROUND:
The City Council has given direction to expand the City's communication and outreach efforts,
and to provide consistent, professional communication tools and materials for the public. Since
the Office of Communications first hired a full-time, in-house graphic designer in 2002, the
workload assigned to this position has increased more than 300%. An additional graphic
designer position is necessary to keep up with a workload that will continue to grow in 2006.
(4/Sths Vote: YeslNo->
RECOMMENDATION: That the City Council adopt the resolution, and thereby:
1. Approve the addition of a Graphic Designer position to the Office of Communications
effective February 3, 2006,
2. Appropriate $12,220 from the available balance of the General Fund to the Office of
Communications Personnel Services budget based upon unanticipated staff time
reimbursements, and
3. Transfer $20,000 from the Office of Communications Services and Supplies budget to the
Personnel Services budget.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
In 2000, when Chula Vista's population hovered around 180,000, the City commissioned an audit to
determine the communication needs and concerns of our residents and our employees. The audit
revealed, among other things, that residents, businesses and visitors would like to be better informed
about City policies, activities and issues, and that there was a need for a more consistent style or
theme in printed materials (emphasis added).
As a result of these findings, the City Council took several actions; the role of the Office of
Communications was broadened significantly and new staff positions (a special events coordinator, a
webmaster and a graphic designer) were created to support the new duties. The graphic designer was
/ /-1
ItemK
1/17/06 page 2
hired to develop a consistent 'look' for city materials: brochures, flyers, pamphlets, advertisements,
commemorative items, invitations, programs, logos and other promotional materials. Although
initial work requests primarily came from the Library and Recreation departments, the demand for
graphic design services spread quickly throughout the organization. Every department in the City
now makes use of this service and the workload has more than tripled since 2002.
The duties of the Communications staff continue to evolve and expand. As Chula Vista grows (our
population has increased by more than 40,000 since the communications audit), and residents expect
to hear more about community issues, the need for reaching out to the community, and
communicating a strong City image to the public has become even more critical. In addition, the city
will soon open three additional recreation centers and an additional library, all of which will have a
need to deliver information to area residents. All of this has led to an overwhelming demand for
service from the City's graphic designer.
The chart below illustrates the dramatically increased workload associated with those services.
Number of Graphic Design Projects
750
1000
500
250
o
YEAR: 2002 YEAR: 2003 YEAR: 2004 YEAR: 2005
On May 5, 2005, the City Council heard and accepted the results of the Office of Communications'
strategic business plan. In that plan, the department outlined it goals for the coming five years in
areas such as community outreach, media relations, and graphic design & standards. Within the
latter category, the department has stated that it will "provide graphic design services and guidelines
to city departments and elected officials so they can communicate with the public in a timely,
consistent and professional manner. " Based on the current demands for service, this goal cannot be
met by the single graphic design position approved for the Office of Communications.
The Office of Communications has explored out-sourcing the work, which cannot be handled by the
one full-time employee. However, the standard rate for a graphic design firm approaches $1 OOlhour.
The use of student interns was also attempted, but their limited availability and skills, coupled with
the time the graphic designer was required to spend training these individuals, prevented this from
solving the work load problem.
//-2-
C:\ . .\2005\agenda statements\graphic designer. doc
Item -11
1/17106 page 3
As a result, the Office of Communications is requesting the permanent addition of a graphic designer
position. The on-going costs of this position will be fully offset through a combination of
expenditure savings and new revenues. Funds currently assigned to services and supplies, which
served as a contingency for outsourcing graphic design services will be reallocated to the personnel
services budget. In addition, the workload for the graphic designer has expanded to numerous non-
general fund sources including the Chula Vista Redevelopment Agency, Transit and Conservation,
resulting in increased revenues.
Exhibit" A" provides a small sample of the work that has been generated by the City's graphic
designer.
FISCAL IMPACT:
The cost of this position for the remainder of fiscal year 2006 is $32,220, which will be offset by
$20,000 of savings within the Office of Communications, and $12,220 in unanticipated staff time
reimbursements. The ongoing cost of this position with salary and benefits is $75,376 which will be
offset by ongoing reductions of $20,000 in services and supplies and of $4,000 in hourly wages in
the Office of Communications budget, and unanticipated staff time reimbursements of$51,376.
Approximately 50% of the additional staff time reimbursements are anticipated to come from the
Redevelopment Agency. If at any time tax increment revenues are insufficient to fund this position,
the impact to the General Fund would be approximately $25,000 on an on-going basis.
Attachment: Exhibit "A", Examples of Graphic Design Projects
/i -3
' f
C:\.. .\2005\agenda statements\graphic designer. doc
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE REALLOCATION
AND APPROPRIATION OF FUNDS TO ADD A
GRAPHIC DESIGNER POSITION TO THE OFFICE OF
COMMUNICATIONS
WHEREAS, on May 5, 2005, the City Council heard and accepted the results of
the Office of Communications' participation in the City's strategic planning process; and
WHEREAS, the duties of the Communications staff continue to evolve and
expand. As Chula Vista grows (our population has increased by more than 40,000 since
the communications audit), and residents expect to hear more about community issues,
the need for communicating a strong City image to the public has become even more
critical; and
WHEREAS, based on the current demands for service, this goal cannot be met by
the single graphic design position approved for the Office of Communications; and
WHEREAS, the Office of Communications has explored out-sourcing the work,
which cannot be handled by the one full-time employee. However, the standard rate for a
graphic design firm approaches $lOO/hour. The use of student interns was also
attempted, but their limited availability and skills, coupled with the time the graphic
designer was required to spend training these individuals, prevented this from solving the
work load problem; and
WHEREAS, as a result, the Office of Communications is requesting the
permanent addition of a graphic designer position to the staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the transfer of $20,000 from the Office of
Communication's Services and Supplies budget to the Office of Communication's
Personnel Services budget, appropriate $12,220 from the available balance of the General
Fund to the Office of Communication's Personnel Services budget based upon
unanticipated staff reimbursement revenues, and approve the addition of a Graphic
Designer position to the Office of Communications..
Presented by
Approved as to form by
Liz Pursell
Director of Communications
b~QX IJ~ ~b.)(--Q:\U \"
Ann Moore
City Attorney
\\citywide2000\shared\Attomey\Final Resos\2006\1 17 06\Graphic Designer position. doc
/J-tf
PAGE 1, ITEM NO.:
MEETING DATE:
I;{
01/17/06
CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE ISSUANCE, SALE AND DELIVERY
OF THE CITY OF CHULA VISTA VARIABLE RATE DEMAND
MULTIFAMILY HOUSING REFUNDING REVENUE BONDS
(TERESINA APARTMENTS), SERIES 2006A, IN A COMBINED
PRINCIPAL AMOUNT NOT TO EXCEED $40,000,000,
AUTHORIZING THE ISSUANCE OF SUCH REFUNDING BONDS
AND OTHER RELATED DOCUMENTS, AND APPROVING
OTHER RELATED ACTIONS IN CONNECTION WITH THE
ISSUANCE OF THE REFUNDING BONDS
REVIEWED BY:
CITY MANAGER
/ COMMUNITY DEVELOPMENT
SUBMITTED BY: ASSISTANT CITY
DIRECTOR
4/STHS VOTE: YES D NO 0
BACKGROUND
In 1998, the City issued Multifamily Hausing Revenue Bonds in tatal aggregate principal
amount of $43,000,000 to finance a 440-unit multifamily housing project knawn as Teresina
Apartments located at the southwest corner of East Palomar Street and La Media Road. The
preject is currently .owned by Eagle Lemas Verdes L.P., a Delaware limited partnership (the
"Borrower").
The existing bonds are currently in the fixed rate mode. The owner is looking te refund the
bonds utilizing a variable rate mode. At this time, the City Ceuncil is asked te approve a
resolution autherizing the issuance .of not to exceed $40,000,000 in tax-exempt bonds to
refinance the preject and the execution of related documents in substantially the ferm en file
with the City Clerk.
RECOMMENDATION
Adopt a resolutien authorizing the issuance of Multi-family Housing Revenue Bends in an
aggregate amount net to exceed $40,000,000 fer Teresina Apartments, appreving and
autherizing the executien and delivery of any and all documents necessary te issue the
bonds and implement this resolutien.
12-1
PAGE 2, ITEM NO.:
MEETING DATE:
/2
01/17/06
BOARDS/COMMISSIONS RECOMMENDATION
Not Applicable
DISCUSSION
On February 10, 1998 the City Council held a public hearing regarding the City's intent to
issue tax-exempt obligations for the development of Teresina Apartments. The public
hearing was held in accordance with Section 147(f) of the Internal Revenue Code which
required the proposed project and financing be approved by the governmental unit having
jurisdiction over the area for which the project was to be financed.
On November 10, 1998 the City Council of the City of Chula Vista approved Resolution
19255 authorizing the issuance, sale and delivery of multifamily mortgage revenue bonds
for the Teresina Apartments in a combined principal amount not to exceed $43,00,000. The
project was complete in 2000 and sold to Eagle Real Estate Group, LLC in late 2002. The
project has a stabilized occupancy rate.
As a condition of the tax exempt bonds, the Borrower has entered into regulatory agreement
restricting 20% of the units (88) at affordable rental rates for very low households for a
period of fifty-five (55) years.
The existing bonds are currently fixed rate and the Borrower is looking to refund the bonds
utilizing a variable rate. The refunding will increase the overall financial viability of the
project. Staff has determined..that the refunding of the bonds will accomplish a valid public
purpose of ensuring the availability of housing for very low income persons. To implement
the Borrower's request, the City is being asked to refund the original bonds with variable
rate bonds. All other terms and conditions remain the same.
While the City of Chula Vista serves as the issuer of the bonds to finance the development of
the Project, the issuance or repayment of the bonds does not constitute a legal liability or
obligation of the City. The City merely serves as a conduit for the bond financing. The
refinance in no way changes the City's position or increases the City's risk.
Upon issuance of the bonds, bonds are being purchased and offered by Newman and
Associates to provide the financing of the project. Security for repayment of the bonds is
limited to the project and the revenues it generates and other amounts under the Indenture.
Repayment of the bonds is secured by a Promissory Note and Deed of Trust recorded against
the property and any future successors in interest. There is no pledge of the City's faith,
credit or taxing power.
12-2
PAGE 3, ITEM NO.:
MEETING DATE:
/;L
01/17/06
FISCAL IMPACT
The proposed amendment is possible under the TEFRA hearing conducted on February 10, 1998
which authorized the issuance of up to $45 million in tax exempt bonds.
Bond financing is 0 self-supporting progrom with the owner responsible for the poyment of
011 costs of issuance ond other costs and repayment of the bonds. All costs related to the
issuonce of the bonds will be poid for from bond proceeds or profits. The bonds will be
secured by the project and will not constitute a liability to or obligation of the City.
The City of Chula Vista will receive compensation for its services in preparing the bond
issuance by charging an origination fee of $5,000. Additionally, staff costs associated with
monitoring compliance of the regulatory restrictions and administration of the outstanding
bonds will be reimbursed from an annual administrative fee of $20,000 paid to the City by
the developer.
EXHIBITS
The following exhibits are attached:
1. Bond Regulatory Agreement
The following exhibits are on file in the Office of the City Clerk:
1. Series 2006A Preliminary Official Statement
2. Series 2006A Trust Indenture - Variable Rate
3. Series 2006A Financing Agreement
4. Series 2006A Escrow Agreement
5. Series 2006A Bond Purchase Agreement
5. Series 2006A Remarketing Agreement
J:\STAFF.REP\2006\Teresino Bond Refunding.doc
12-3
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE CITY OF
CHULA VISTA VARIABLE RATE DEMAND MULTIFAMILY HOUSING
REFUNDING REVENUE BONDS (TERESINA APARTMENTS), SERIES 200M,
IN A COMBINED PRINCIPAL AMOUNT NOT TO EXCEED $40,000,000,
AUTHORIZING THE ISSUANCE OF SUCH REFUNDING BONDS AND OTHER
RELATED DOCUMENTS, AND APPROVING OTHER RELATED ACTIONS IN
CONNECTION WITH THE ISSUANCE OF THE REFUNDING BONDS
WHEREAS, Chapter 7 of Part 5 of Division 31 of the Health and Safety Code of the State of
California (the "Act") authorizes cities to finance the acquisition, construction and development of
multifamily rental housing for persons and families meeting the iIicome limitations contained in the
Act;
WHEREAS, on November 10,1998, pursuant to the Act, the City ofChula Vista, California
(the "City") adopted its Resolution No. 19255 authorizing the issuance of the City of Chula Vista
Multifamily Housing Revenue Bonds, Series 1998A (Gateway Town Center) (the "Series 1998A
Bonds") and the City of Chula Vista Subordinate Multifamily Housing Revenue Bonds (Gateway
Town Center), Series 1998B (the "Series 1998B Bonds" and, together with the Series 1998A Bonds,
the "Prior Bonds") in total aggregate principal amount of $43,000,000 secured by a Trust Indenture,
dated as of November I, 1998 (the "Prior Indenture"), by and between the City and U.S. Bank
Natioaal Association, as successor trustee to State Street Bank and Trust Company of California,
N.A. (the "Trustee"), to finance a 440-unit multifamily housing project known as "Teresina
Apartments" located at the southwest corner of East Palomar Street and La Media Road (the
"Project"), which the Project is currently owned by Eagle Lomas Verdes L.P., a Delaware limited
partnership (the "Borrower"); and
WHEREAS, the City is authorized and wishes to issue revenue refunding bonds pursuant to
the provisions of Article II of Chapter 3 of Part I of Division 2 of Title 5 of the Government Code of
the State of California (the "Refunding Law") to refund the Prior Bonds; and
WHEREAS, the Borrower desires to refinance the Project by prepaying the mortgage loan
made from the proceeds of the Prior Bonds and has requested that the City issue refunding bonds
pursuant to the Refunding Law to refund the Prior Bonds, and the City has determined that the
refunding of the Prior Bonds will accomplish a valid public purpose of the City by providing housing
for very low income persons and families within the meaning of the Act, and the City now intends to
issue its Variable Rate Demand Multifamily Housing Refunding Revenue Bonds (Teresina
Apartments), Series 2006A (the "Refunding Bonds"), in the aggregate principal amount not to
exceed $40,000,000, the proceeds of which will be used to refund all outstanding Prior Bonds and
pay a portion of the costs of issuing the Refunding Bonds; and
WHEREAS, all acts, conditions and things required by the Refunding Law and by all other
applicable laws of the State of California, to exist, to have happened and to have been performed
precedent to and in connection with the issuance of the Refunding Bonds exist, have or will have
happened, and have been or will have been performed in regular and due time, form and manner as
DOCSOCIl142553v4/024036-0032
12-4
required by law, and the City is now duly authorized and empowered, pursuant to each and every
requirement of law, to issue the Refunding Bonds for the purpose, in the manner and upon the terms
herein provided; and
WHEREAS, the forms of the following documents (each as defined herein) have been
submitted to the City for approval: Indenture, the Financing Agreement, the Escrow Agreements, the
Bond Purchase Agreement, the Preliminary Official Statement, the Loan Documents and the
Amended and Restated Regulatory Agreement; and
WHEREAS, the City hereby finds and declares that this Resolution is being adopted pursuant
to the powers granted by the Refunding Law;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City, as follows:
Section 1.
The above recitals, and each of them, are true and correct.
Section 2. Pursuant to the Refunding Law, the Refunding Bonds are hereby authorized
to be issued pursuant to the provisions of the Indenture (defined below), related to the Refunded
Bonds. The form of the Refunding Bonds as set forth in the Indenture is hereby approved in
substantially the form presented, with such additions thereto or changes therein as are recommended
or approved by the City Manager, City Attorney or Bond Counsel and approved by the officer or
officers executing the Bonds, to be evidenced conclusively by the execution and delivery of the
Bonds. Each of the Mayor, the City Manager of the City, or their designees, is hereby authorized to
execute the Bonds by manual or facsimile signature and the City Clerk is hereby authorized to attest
such signature by manual or facsimile signature and to affix the facsimile seal of the City to the
Bonds. The proceeds of the Refunded Bonds shall be used to make a mortgage loan to the Borrower.
Section 3. U.S. Bank National Association is hereby appointed as Trustee (the
"Trustee") under the Indenture, with the powers and duties ofthe Trustee as set forth in the Indenture
and is hereby appointed as escrow agent under each of the Escrow Agreements (the "Escrow
Agreements"), among the City, the Borrower and U.S. Bank National Association (the "Escrow
Agent"), with the powers and duties as set forth in the Escrow Agreements.
Section 4. The proposed form of the Trust Indenture related to the Refunding Bonds (the
"Indenture") by and between the City and the Trustee presented to this meeting is hereby approved.
Each of the Mayor, the City Manager, the Deputy City Manager, the Finance Director and the City
Clerk of the City, or the designee of any of them, is hereby authorized and directed, for and in the
name and on behalf of the City, to execute and deliver the Indenture in substantially the forms
presented, with such additions thereto or changes therein as are recommended or approved by the
City Manager, City Attorney or Bond Counsel and approved by the officer or officers executing the
Indenture, with the approval of such officer or officers to be evidenced conclusively by the execution
and delivery of such document, provided that such additions or changes shall not authorize a
combined aggregate principal amount of Bonds in excess of $40,000,000.
Section 5. The proposed forms of the Escrow Agreements related to the Prior Bonds
presented to this meeting are hereby approved. Each of the Mayor, the City Manager, the Deputy
City Manager, the Finance Director and the City Clerk of the City, or the designee of any of them, is
hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver
the Escrow Agreement related to the Series 1998A Bonds and the Escrow Agreement related to the
2
DOCSOCIl142553v4/024036-0032
12-5
Series 1998B Bonds in substantially the forms presented, with such additions thereto or changes
therein as are recommended or approved by the City Manager, City Attorney or Bond Counsel and
approved by the officer or officers executing such documents, the approval of such officer or officers
to be evidenced conclusively by the execution and delivery of such documents.
Section 6. The proposed form of Bond Purchase Agreement, by and among the City, the
Borrower and Newman & Associates, a Division of GMAC Commercial Holding Capital Markets
(the "Underwriter") related to the Refunding Bonds, presented to this meeting (the "Bond Purchase
Agreement"), is hereby approved. Each of the Mayor, the City Manager, the Deputy City Manager,
the Finance Director and the City Clerk of the City, or the designee of any of them, is hereby
authorized and directed, for and in the name and on behalf of the City, to accept the offer of the
Underwriter to purchase the Refunding Bonds contained in the Purchase Agreement and to execute
and deliver said Purchase Agreement in substantially said form, with such additions thereto or
changes therein as are recommended or approved by the City Manager, City Attorney or Bond
Counsel and approved by the officer or officers executing the Bond Purchase Agreement, with the
approval of such officer or officers to be evidenced conclusively by the execution and delivery of
such document. The principal amount of the Refunding Bonds shall not exceed $40,000,000.
Section 7. The proposed form of the Financing Agreement related to the Refunding
Bonds (the "Financing Agreement"), among the City, the Trustee and the Borrower presented to this
meeting is hereby approved. Each of the Mayor, the City Manager, the Deputy City Manager, the
Finance Director and the City Clerk of the City, or the designee of any of them, is hereby authorized
and directed, for and in the name and on behalf of the City, to execute and deliver a Financing
Agreement in substantially the form presented, with such additions thereto or changes therein as are
recommended or approved by the City Manager, City Attorney or Bond Counsel and approved by the
officer or officers executing such document, the approval of such officer or officers to be evidenced
conclusively by the execution and delivery of such document.
Section 8. The proposed form of the Loan Documents related to the Refunding Bonds,
as such term is defined in the Indenture (the "Loan Documents"), are hereby approved in
substantially the form presented at this meeting for use in connection with the loan to the Borrower
pursuant to the Financing Agreement. Each of the Mayor, the City Manager , the Deputy City
Manager, the Finance Director and the City Clerk of the City, or the designee of any of them, is
hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver
the Loan Documents to which the City is a party in substantially said form, with such additions
thereto or changes therein as are recommended or approved by the City Manager, City Attorney or
Bond Counsel and approved by the officer or officers executing such documents, the approval of
such officer or officers to be evidenced conclusively by the execution and delivery of such
documents.
Section 9. The proposed form of Amended and Restated Regulatory Agreement and
Declaration of Restrictive Covenants (the "Regulatory Agreement"), among the City, the Trustee and
the Borrower presented to this meeting is hereby approved. Each of the Mayor, the City Manager,
the Deputy City Manager, the Finance Director and the City Clerk of the City, or the designee of any
of them, is hereby authorized and directed, for and in the name and on behalf of the City, to execute
and deliver a Regulatory Agreement in substantially said form, with such additions thereto or
changes therein as are recommended or approved by the City Manager, City Attorney or Bond
Counsel and approved by the officer or officers executing the Regulatory Agreement, the approval of
such officers to be evidenced conclusively by the execution and delivery of such document.
3
DOCSOCIl142553v4/024036-0032
12-6
Section 10. The proposed form of Preliminary Official Statement related to the Refunding
Bonds (the "Preliminary Official Statement") presented to this meeting is hereby approved, and the
Underwriter is hereby authorized to distribute the Preliminary Official Statement to prospective
purchasers of the Refunding Bonds in the form hereby approved, together with such conforming
changes therein or additions thereto as are determined necessary by the Mayor or the City Manager
of the City, upon consultation with the City Attorney, to make such Preliminary Official Statement
"final" as of its date. Each of the Mayor, the City Manager, the Deputy City Manager, the Finance
Director and the City Clerk of the City, or the designee of any of them, is hereby authorized and
directed, for and in the name and on behalf of the City, to execute a final Official Statement for the
Bonds in substantially the form of the Preliminary Official Statement, with such additions thereto or
changes therein describing the specific form and terms of the Refunding Bonds as are recommended
or approved by the City Manager or the City Attorney and approved by the officer executing th~
Official Statement, such approval to be evidenced conclusively by the execution and delivery of the
Official Statement.
Section 11. All actions heretofore taken by the officers and agents of the City with respect
to the sale and issuance of the Refunding Bonds are hereby approved, confirmed and ratified. The
Mayor, the City Manager, the Deputy City Manager, the Finance Director, the City Attorney, and
their designees, are hereby authorized and directed, for and in the name and on behalf of the City, to
do any and all things and take any and all actions and execute and deliver any and all certificates,
agreements and other documents, including an assignment of the City's interest in the Loan
Documents for the Refunding Bonds to Fannie Mae, and instructions to the Trustee to authenticate
the Refunding Bonds and to pay the costs of issuing the Refunding Bonds, in accordance with the
provisions of the Indenture, the Financing Agreement or the Regulatory Agreement, which they, or
any of them, may deem necessary or advisable in order to consummate the lawful issuance and
delivery of the Refunding Bonds in accordance with this Resolution and to carry out and administer
the Project and the Refunding Bonds in accordance with the terms of the documents relating to the
Refunding Bonds. Should the Mayor be unavailable to execute any of the documents specified
above, then any other available member of the City Council is hereby authorized to sign such
documents on behalf of the City in the place of such officer. Any document authorized to be signed
by the City Clerk may be signed by a duly appointed deputy clerk. All documents signed by the
facsimile signature of any member of the City Council shall be deemed to constitute an original of
such document.
4
DOCSOCIl 142553v4/024036-0032
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Section 12. If any section, paragraph or provision of this Resolution shall be held to be
invalid or unenforceable for any reason, the invalidity or unenforceability of such section,
paragraph or provision shall not affect any remaining provisions of this Resolution.
Section 13. This Resolution shall take effect immediately upon its adoption.
Presented by Approved as to form by
1f'titr ik>>P
oore
. y Attorney
Dana Smith
Director of Community Development
12-8
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPRO V AL BY
THE CITY COUNCIL
;~~~~~ 4&(
Ann Moore
City Attorney
Dated: i /11 /a t
Amended and Restited Regulatory Agreement
And Declaration of Restrictive Convenants
By and Among the City of Chula Vista and
U.S. Bank National Association as Trustee and
Eagle Lomas Verdes, LP relating to
The City of Chula Vista variable rate demand
Multi-Family Housing refunding revenue bonds
(Teresina Apartments), Series 2006A
12-9
RECORDING REQUESTED BY AND )
WHEN RECORDED RETURN TO: )
)
ROBERT J. WHALEN, ESQ. )
STRADLING YOCCA CARLSON & RAUTH )
660 Newport Center Drive, Suite 1600 )
Newport Beach, California 92660 )
[Space above for Recorder's use.]
AMENDED AND RESTATED REGULATORY AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS
By and Among
THE CITY OF CHULA VISTA
and
U.S. BANK NATIONAL ASSOCIATION
as Trustee
and
EAGLE LOMAS VERDES, L.P.,
as Borrower
Dated as of January 1,2006
Relating to
$
THE CITY OF CHULA VISTA
VARIABLE RATE DEMAND
MUL TIF AMIL Y HOUSING REFUNDING REVENUE BONDS
(TERESINA APARTMENTS), SERIES 2006A
DOCSOCIl137281 v3/024036-0032
12-10
AMENDED AND RESTATED REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
THIS AMENDED AND RESTATED REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS (the "Regulatory Agreement"), is made and
entered into as of January 1, 2006, by and among THE CITY OF CHULA VISTA, a municipal
corporation of the State of California (together with any successor to its rights, duties and
obligations, the "Issuer"), U.S. BANK NATIONAL ASSOCIATION, a national banking association,
as Trustee (as such term is defined herein), and EAGLE LOMAS VERDES, L.P., a Delaware limited
partnership (the "Borrower"), and amends, restates and supersedes in its entirety that certain
Regulatory Agreement and Declaration of Restrictive Covenants dated as of November I, 1998,
recorded on November 16, 1998, as Instrument No. 1998-0744088 in the San Diego County
Recorder's Office (the "Prior Regulatory Agreement").
WITNESSETH:
WHEREAS, the Issuer previously issued $38,000,000 aggregate principal amount of its
revenue bonds designated "City of Chula Vista, California, Multifamily Housing Revenue Bonds,
Series 1998A (Gateway Town Center)" and $5,000,000 aggregate principal amount of its "City of
Chula Vista, California, Multifamily Housing Revenue Bonds (Gateway Town Center) Series 1998B
(collectively, the "Prior Bonds"), the proceeds of which were loaned to the Gateway Town Center,
L.P., a California limited partnership (the "Prior Owner") which used the proceeds of the Prior Bonds
to finance the acquisition and construction of a 440-unit multifamily rental housing project located in
the City of Chula Vista (the "Project"); and
WHEREAS, the issuer proposes to issue its $ aggregate principal amount of
its revenue bonds designated "The City of Chula Vista Variable Rate Demand Multifamily Housing
Refunding Revenue Bonds (Teresina Apartments), Series 2006A" (the "Bonds"), pursuant to and in
compliance with Article 11 of Chapter 3 of Part I of Division 2 of Title 5 of the Government Code of
the State of California (the "Refunding Law"), the proceeds of which will be used to defease the
Prior Bonds and enable the Borrower to refinance the Project; and
WHEREAS, the Issuer, the Trustee, and the Borrower have entered into a Financing
Agreement, dated the date hereof (the "Financing Agreement"), providing the terms and conditions
under which the Issuer will make the Mortgage Loan to the Borrower to refinance the Project; and
WHEREAS, in order to assure the Issuer and the owners of the Bonds that interest on the
Bonds will be excludable from gross income for federal income tax purposes, and to satisfY the
public purposes for which the Bonds are authorized to be issued under the Refunding Law, and to
satisfY the purposes of the Issuer in determining to issue the Bonds, certain limits on the occupancy
of units in the Project need to be established and certain other requirements need to be met;
NOW, THEREFORE, in consideration of the issuance of the Bonds by the Issuer and the
mutual covenants and undertakings set forth herein, and other good and valuable consideration, the
receipt and sufficiency of which hereby are acknowledged, the Issuer, the Trustee and the Owner
hereby agree as follows:
DOCSOC/1137281 v3/024036-0032
12-11
Section I. Definitions and Interoretation. The following terms shall have the respective
meanings assigned to them in this Section I unless the context in which they are used clearly requires
otherwise:
"Act" - Chapter 7 (commencing with Section 52075) of Part 5 of Division 31 of the
California Health and Safety Code, as now in effect and as it may from time to time hereafter be
amended and supplemented.
"Adjusted Income" - The adjusted income of all persons who intend to reside in one
residential unit as calculated in the manner determined by the Secretary of the Treasury pursuant to
Section 142(d)(2)(B) of the Code.
"Administration Agreement" - The administration agreement to be entered into among the
Issuer, the Borrower and any entity other than the Housing Authority of the city of Chula Vista,
which is acting as the Program Administrator.
"Affiliated Party" - (I) a Person whose relationship with the Borrower would r~sult in a
disallowance of losses under Section 267 or 707(b) of the Code, (2) a Person who together with the
Borrower are members of the same controlled group of corporations (as defined in Section 1563(a) of
the Code, except that "more than 50 percent" shall be substituted for "at least 80 percent" each place
it appears therein), (3) a partnership and each of its partners (and their spouses and minor children)
whose relationship with the Borrower would result in a disallowance of losses under Section 267 or
707(b) of the Code or (4) an S Corporation and each of its shareholders (and their spouses and minor
children) whose relationship with the Borrower would result in a disallowance of losses under
Section 267 or 707(b) of the Code.
"Area" - The San Diego County, California Primary Metropolitan Statistical Area.
"Authorized Borrower Representative" - Any person from time to time designated as such by
written certificate from the Borrower to the Trustee and the Issuer, including such person's specimen
signature.
"Bonds" - The City of Chula Vista Variable Rate Demand Multifamily Housing Refunding
Revenue Bonds (Teresina Apartments), Series 2006A.
"Borrower's Tax Certificate" - The certificate of the Borrower, dated as of the Closing Date,
with respect to certain Project Costs delivered to the Issuer by the Borrower.
"Certificate of Continuing Program Compliance" - The certificate with respect to the Project
to be filed by the Borrower with the Program Administrator, which shall be substantially in the form
attached hereto as Exhibit B.
"City" - The City of Chula Vista.
"Closing Date" - The date on which the Bonds are issued and delivered to the purchasers
thereof.
"Completion Date" -
,20_.
"Costs of Issuance" - The costs of issuing the Bonds as further described in the Indenture.
2
DOCSOCII 137281 v3/024036-0032
12-12
"Credit Facility" - The Credit Enhancement Instrument, dated the Closing Date, issued by
Fannie Mae to the Trustee, or any Alternate Credit Facility in effect at the time, as any such facility
may be amended, supplemented or restated from time to time.
"Credit Provider" - So long as the initial Credit Facility is in effect, Fannie Mae, or so long
as any Alternate Credit Facility is in effect, the Alternate Credit Provider then obligated under the
Alternate Credit Facility.
"Financing Agreement" - The Financing Agreement, dated as of the date hereof, by and
among the Issuer, the Borrower and the Trustee, as amended or supplemented from time to time.
"Income Certification" - The Income Computation and Certification Form in substantially
the form attached hereto as Exhibit C.
"Indenture" - The Trust Indenture, dated as of the date hereof, between the Issuer and the
Trustee, pursuant to which the Bonds have been issued, as amended or supplemented from time to
time.
"Issuer's Annual Fee" - The Issuer's annual fee equal to $20,000 payable by the Borrower in
semi-annual installments of $10,000 on each January I and July I commencing July I, 2006, in
advance, pursuant to Section 2.5(a) of the Financing Agreement.
"Median Income for the Area" - The median gross income for the Area as most recently
determined by the Secretary of Treasury pursuant to Section 142(d)(2)(B) of the Code.
"Person" - Any natural person, firm, partnership, association, limited liability company,
corporation, company or public body.
"Prior Bonds" - Collectively, the City of Chula Vista, California, Multifamily Housing
Revenue Bonds, Series 1998A (Gateway Town Center)" and the City of Chula Vista, California,
Multifamily Housing Revenue Bonds (Gateway Town Center) Series 1998B.
"Program Administrator" - The Issuer, or such other entity as is appointed by the Issuer from
time to time to act in such capacity hereunder.
"Program Administrator's Fee" - The administrative fee of the Program Administrator as set
forth in the Administration Agreement.
"Project" - The Project Facilities and the Project Site.
"Project Costs" - To the extent authorized by the Code, the Regulations and the Act, any and
all costs incurred by the Borrower with respect to the acquisition and construction of the Project,
whether paid or incurred prior to or after the sixtieth day preceding February 10, 1998, including,
without limitation, costs for site preparation, the planning of housing and related facilities and
improvements, the acquisition of property, the removal or demolition of existing structures, the
construction of housing and related facilities and improvements, and all other work in connection
therewith, and all costs of financing, including, without limitation, the cost of consultant, accounting
and legal services, other expenses necessary or incident to determining the feasibility of the Project,
administrative and other expenses necessary or incident to the Project and the fmancing thereof
3
DOCSOC/1 137281 v3/024036-0032
12-13
(including reimbursement to any municipality, county or entity for expenditures made for the
Project) and all other costs approved by Bond Counsel.
"Project Facilities" - The buildings, structures and other improvements on the Project Site,
and all fixtures and other property owned by the Borrower and located on, or used in connection
with, such buildings, structures and other improvements constituting the Project.
"Project Site" - The parcel or parcels of real property described in Exhibit A, which is
attached hereto and by this reference incorporated herein, and all rights and appurtenances thereunto
appertaining.
"Qualified Project Costs" - The Project Costs (excluding Costs of Issuance) incurred not
more than 60 days prior to February 10, 1998 which either constitute land or property of a character
subject to the allowance for depreciation under Section 167 of the Code or are chargeable to a capital
account with respect to the Project for federal income tax and financial accounting purposes, or
would be so chargeable either with a proper election by the Borrower or but for the proper election
by the Borrower to deduct those amounts within the meaning of Regulation 1.103-8(a)(I)(i);
provided, however, that only such portion of interest accrued during construction of the Project shall
constitute a Qualified Project Cost as bears the same ratio to all such interest as the Qualified Project
Costs bear to all Project Costs paid from Bond proceeds and interest earnings thereon; and provided
further that interest accruing after the Completion Date shall not be a Qualified Project Cost; and
provided still further that if any portion of the Project is being constructed by an Affiliated Party
(whether as a general contractor or a subcontractor), "Qualified Project Costs" shall include only the
actual out-of-pocket costs incurred by such Affiliated Party in constructing the Project (or any
portion thereof) within the meaning of Section 147(d)(2) of the Code, as provided in the Tax
Certificate.
"Qualified Project Period" - The period beginning on the first date on which ten percent of
the units in the Project are occupied and ending on the latest of the following dates: (a) the date
which is 55 years after the date on which fifty percent of the units in the Project are occupied, (b) the
first day on which no tax exempt bonds with respect to the Project are Outstanding, or (c) the date on
which any assistance provided with respect to the Project under Section 8 of the United States
Housing Act of 1937 terminates.
"Security Instrument" - The Multifamily Deed of Trust Assignment of Rents, Security
Agreement and Fixture Filing, dated as of [January I, 2006], together with all riders and exhibits,
securing the Note and the obligations of the Borrower to the Credit Provider under the Credit
Facility, executed by the Borrower with respect to the Mortgaged Property, as it may be amended,
supplemented or restated from time to time, or any security instrument executed in substitution
therefor, as such substitute security instrument may be amended, supplemented or restated from time
to time.
"Servicer" - The multifamily mortgage loan servicer designated from time to time by the
Credit Provider.
"Trustee" - U.S. Bank National Association, or its successors or assigns at any time serving
as trustee under the Indenture.
4
DOCSOC/I137281 v3/024036-0032
12-14
"Very Low Income Tenants" - Individuals or families with an Adjusted Income that does not
exceed 50 percent of the Median Income for the Area as adjusted for household size as set forth
below. In no event, however, will the occupants of a residential unit be considered to be Very Low
Income Tenants if all the occupants are students, as defined in Section 15 I (c)(4) of the Code, as such
may be amended, no one of which is entitled to file a joint federal income tax return. Currently,
Section 151(c)(4) defines a student as an individual enrolled as a full-time student during each of 5
calendar months during the calendar year in which occupancy of the unit begins at an educational
organization which normally maintains a regular faculty and curriculum and normally has a regularly
enrolled body of students in attendance or is an individual pursuing a full-time course of institutional
on-farm training under the supervision of an accredited agent of such an educational organization or
of a state or political subdivision thereof.
Household Size
Adjustment to
50% of Median
Income for the Area
I
2
3
4
5
6
7
8
70%
80%
90%
100%
108%
116%
124%
132%
"Very Low Income Units" - The dwelling units in the Project designated for occupancy by
Very Low Income Tenants pursuant to Section 4(a) of this Regulatory Agreement.
Such terms as are not defined herein shall have the meanings assigned to them in the
Indenture.
Unless the context clearly requires otherwise, as used in this Regulatory Agreement, words of
the masculine, feminine or neuter gender shall be construed to include each other gender when
appropriate and words of the singular number shall be construed to include the plural number, and
vice versa, when appropriate. This Regulatory Agreement and all the terms and provisions hereof
shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof.
The defined terms used in the preamble and recitals of this Regulatory Agreement have been
included for convenience of reference only, and the meaning, construction and interpretation of all
defined terms shall be determined by reference to this Section I notwithstanding any contrary
definition in the preamble or recitals hereof. The titles and headings of the sections of this
Regulatory Agreement have been inserted for convenience of reference only, and are not to be
considered a part hereof and shall not in any way modify or restrict any of the terms or provisions
hereof or be considered or given any effect in construing this Regulatory Agreement or any
provisions hereof or in ascertaining intent, if any question of intent shall arise.
5
DOCSOCIl137281 v3/024036-0032
12-15
Section 2. Construction. Equiooing and Comoletion of the Proiect. The Borrower
hereby represents, as of the date hereof, and covenants, warrants and agrees as follows:
(a) The construction and equipping of the Project has been completed.
(b) The statements made in the Borrower's Tax Certificate are true and correct.
(c) The statements made in the various certificates delivered by the Borrower to
the Issuer or the Trustee are true and correct.
(d) Money on deposit in any fund or account in connection with the Bonds,
whether or not such money was derived from other sources, shall not be used by or under the
direction of the Borrower, in a manner which would cause the Bonds to be "arbitrage bonds" within
the meaning of Section 148 of the Code, and the Borrower specifically agrees that the investment of
money in any such fund shall be restricted as may be necessary to prevent the Bonds from being
"arbitrage bonds" under the Code.
(e) The Borrower (and any person related to it within the meaning of
Section 147(a)(2) of the Code) will not take or omit to take, as is applicable, any action if such action
or omission would in any way cause the proceeds from the sale of the Bonds to be applied in a
manner ,contrary to the requirements of the Indenture, the Financing Agreement or this Regulatory
Agreement.
Section 3. Residential Rental Prooertv. The Borrower shall own, manage and operate
the Project as a "qualified residential rental project" (within the meaning of Section 142(d) of the
Code) until the expiration of the Qualified Project Period. To that end, and for the term of this
Regulatory Agreement, the Borrower hereby represents, as of the date hereof, and covenants,
warrants and agrees as follows:
(a) The Project is being held for the purpose of providing multifamily residential
rental property, and the Borrower shall own, manage and operate the Project as a project to provide
multifamily residential rental property comprised of a building or structure or several interrelated
buildings or structures, together with any functionally related and subordinate facilities, and no other
facilities, in accordance with applicable provisions of Section 142(d) of the Code and Section 1.103-
8(b) of the Regulations, and the Act, and in accordance with such requirements as may be imposed
thereby on the Project from time to time.
(b) All of the dwelling units in the Project are similarly constructed units, and, to
the extent required by the Code and the Regulations, each dwelling unit in the Project contains
complete separate and distinct facilities for living, sleeping, eating, cooking and sanitation for a
single person or a family, including a sleeping area, bathing and sanitation facilities and cooking
facilities equipped with a cooking range, refrigerator and sink; provided that any Very Low Income
Tenant may, but shall not be obligated to, provide a refrigerator for the unit to be occupied.
6
DOCSOC/1137281 v3/024036-0032
12-16
(c) None of the dwelling units in the Project will at any time be utilized on a
transient basis, or will ever be used as a hotel, motel, dormitory, fraternity house, sorority house,
rooming house, nursing home, hospital, sanitarium, rest home, retirement house or trailer court or
park.
(d) No part of the Project will at any time be owned or used as a condominium or
by a cooperative housing corporation nor shall the Borrower take any steps in connection with a
conversion to such ownership or uses. Other than obtaining a final subdivision map on the Project
and a Final Subdivision Public Report from the California Department of Real Estate, the Borrower
shall not take any steps in connection with a conversion of the Project to a condominium or
cooperative ownership except with the prior written approving opinion of Bond Counsel that the
interest on the Bonds will not become taxable thereby under Section 103 of the Code.
(e) All of the dwelling units will be available for rental on a continuous basis to
members of the general public and the Borrower will not give preference to any particular class or
group in renting the dwelling units in the Project, except to the extent that dwelling units are required
to be leased or rented to Very Low Income Tenants and to holders of Section 8 certificates or
vouchers.
(t) The Project Site consists of a parcel or parcels that are contiguous except for
the interposition of a road, street or stream, and all of the Project Facilities will comprise a single
geographically and functionally integrated project for residential rental property, as evidenced by the
ownership, management, accounting and operation of the Project.
(g) No dwelling unit in any building or structure in the Project which contains
fewer than five units shall be occupied by the Borrower or by persons related to or affiliated with the
Borrower.
(h) Should involuntary noncompliance with the provisions of Section 1.1 03-8(b)
of the Regulations be caused by fire, seizure, requisition, foreclosure, transfer of title by deed in lieu
of foreclosure, change in a federal law or an action of a federal agency after the Closing Date which
prevents the Issuer from enforcing the requirements of the Regulations, or condemnation or similar
event, the Borrower covenants that, within a "reasonable period" determined in accordance with the
Regulations, it will either prepay the Note or apply any proceeds received as a result of any of the
preceding events to reconstruct the Project to meet the requirements of Section 142(d) of the Code
and the Regulations.
(i) The Borrower shall not discriminate on the basis of race, religion, creed,
color, ethnic group identification, sex, source of income (e.g. AFDC, SSI), mental or physical
disability, age, national origin or marital status in the rental, lease, use or occupancy of the Project or
in connection with the employment or application for employment of persons for the operation and
management of the Project.
7
DOCSOCIl13728! v3/024036-0032
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(j) Following the expiration or termination oftbe Qualified Project Period, Very
Low Income Units shall remain available to the Very Low Income Tenants then occupying such units
at the date of expiration or termination of the Qualified Project Period at a rent not greater than the
rent determined pursuant to Section 4(a) below until the earliest of any of the following occurs:
(i) The household's income exceeds 140 percent of the income at which
such household would qualify as a Very Low Income Tenant.
(ii) The household voluntarily moves or is evicted for "good cause." For
these purposes, "good cause" means the nonpayment of rent or allegation of facts necessary to prove
major, or repeated minor, violations of material provisions of the lease agreement which
detrimentally affect the health and safety of other persons or the structure, the fiscal integrity of the
Project, or the purposes or special programs of the Project.
Period.
(iii) Sixty (60) years after the commencement of the Qualified Project
(iv) The Borrower pays relocation assistance and benefits to such tenant
as provided in Govemment Code Section 7264(b).
(k) During the three-year period prior to the expiration of the Qualified Project
Period, the Borrower shall continue to make available to Very Low Income Tenants Very Low
Income Units that have been vacated to the same extent that other units in the Project are made
available to the general public.
(I) The Issuer may but shall not be required to monitor the Borrower's
compliance with the provisions of subparagraph (j) above.
Section 4. Very Low Income Tenants. Pursuant to the requirements of Section 142(d) of
the Code and applicable provisions of the Act, the Borrower hereby represents, as of the date hereof,
and warrants, covenants and agrees as follows:
(a) During the Qualified Project Period, not less than twenty percent (20%) of the
units in the Project shall be designated as Very Low Income Units and shall be continuously
occupied by or held available for occupancy by Very Low Income Tenants at monthly rents paid by
the Very Low Income Tenants which do not exceed one-twelfth of the amount obtained by
multiplying 30% times 50% of the Median Income for the Area, as adjusted for household size
utilizing the percentages set forth above under the definition of Very Low Income Tenant less a
reasonable deduction for utilities paid by the tenant, as determined by the Issuer, and assuming the
following unit sizes and household sizes:
Unit Size
Studio
One Bedroom
Two Bedrooms
Three Bedrooms
Household Size
One Person
Two Persons
Three Persons
Four Persons
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DOCSOC/1137281v3/024036-0032
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Such Very Low Income Units shaIl be of comparable quality and offer a range of sizes and number
of bedrooms comparable to those units which are available to other tenants and shall be distributed
throughout the Project.
A unit occupied by a Very Low Income Tenant who at the commencement of the occupancy
is a Very Low Income Tenant shall be treated as occupied by a Very Low Income Tenant until a
recertification of such tenant's income in accordance with Section 4( c) below demonstrates that such
tenant no longer qualifies as a Very Low Income Tenant and thereafter any residential unit of
comparable size in the Project is occupied by a new resident other than a Very Low Income Tenant.
Moreover, a unit previously occupied by a Very Low Income Tenant and then vacated shaIl be
considered occupied by a Very Low Income Tenant until reoccupied, other than for a temporary
period, at which time the character of the unit shaIl be redetermined. In no event shall such
temporary period exceed thirty-one (31) days.
(b) Immediately prior to a Very Low Income Tenant's occupancy ofa Very Low
Income Unit, the Owner will obtain and maintain on file an Income Certification from each Very
Low Income Tenant occupying a Very Low Income Unit, dated immediately prior to the initial
occupancy of such Very Low Income Tenant in the Project. In addition, the Owner will provide such
further information as may be required in the future by the State of California, the Issuer, the Act,
Section l42( d) of the Code and the Regulations, as the same may be amended from time to time, or
in such other form and manner as may be required by applicable rules, rulings, policies, procedures
or other official statements now or hereafter promulgated, proposed or made by the Department of
the Treasury or the Internal Revenue Service with respect to obligations issued under Section 142(d)
of the Code. The Owner shaIl verify that the income provided by an applicant is accurate by taking
one or more of the foIlowing steps as a part of the verification process: (I) obtain a federal income
tax return for the most recent tax year, (2) obtain a written verification of income and employment
from the applicant's current employer, (3) if an applicant is unemployed or did not file a tax return
for the previous calendar year, obtain other verification of such applicant's income satisfactory to the
Issuer or (4) such other information as may be reasonably requested by the Issuer.
Copies of the most recent Income Certifications for Very Low Income Tenants commencing
or continuing occupancy of a Very Low Income Unit shaIl be attached to the quarterly report to be
filed with the Issuer as required in (d) below.
(c) Immediately prior to the first anniversary date of the occupancy of a Very
Low Income Unit by one or more Very Low Income Tenants, and on each anniversary date
thereafter, the Owner shall recertify the income of the occupants of each Very Low Income Unit by
obtaining a completed Income Certification based upon the current income of each occupant of the
unit. In the event the recertification demonstrates that such household's income exceeds 140% of the
income at which such household would qualify as Very Low Income Tenants, such household will
no longer qualify as Very Low Income Tenants and to the extent necessary to comply with the
requirements of Section 4(a) above, the Owner will rent the next available unit of comparable size to
one or more Very Low Income Tenants.
(d) Not later than ten (10) days after the commencement of the Qualified Project
Period, and within ten days of the last day of each quarter thereafter during the term of this
Regulatory Agreement, the Borrower shaIl advise the Issuer of the status of the occupancy of the
Project by delivering to the Program Administrator and the Issuer a Certificate of Continuing
Program Compliance.
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DOCSOC/1137281v3/024036-0032
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(e) The Borrower will maintain complete and accurate records pertaining to the
Very Low Income Units, and will permit, upon 24 hours notice, any duly authorized representative of
the Issuer, the Program Administrator, the Trustee, Credit Provider, the Department of the Treasury
or the Internal Revenue Service to inspect the books and records of the Borrower pertaining to the
Project, including those records pertaining to the occupancy of the Very Low Income Units and Low
Income Units.
(f) The Borrower shall submit to the Secretary of the Treasury annually on the
anniversary date of the' start of the Qualified Project Period, or such other date as is required by the
Secretary, a certification that the Project continues to meet the requirements of Section 142(d) of the
Code, and shall provide a copy of such certification to the Issuer and the Program Administrator.
(g) Prior to renting any Very Low Income Units, the Borrower shall prepare and
present to the City a marketing plan for the Very Low Income Units. The Borrower may begin
leasing the Very Low Income Units following the City Manager's approval of the marketing plan,
which consent shall not be unreasonably conditioned, delayed or withheld. The Borrower shall
accept as tenants on the same basis as all other prospective tenants, persons who are recipients of
federal certificates or vouchers for rent subsidies pursuant to the existing program under Section 8 of
the United States Housing Act of 1937, or its successor. The Borrower agrees to contact the Issuer
for a list of persons who are recipients of, or who are applying for, Section 8 certificates or vouchers
whenever a Very Low Income Unit becomes available but not more frequently than every four
weeks. The Borrower shall not apply selection criteria to Section 8 certificate or voucher holders that
are more burdensome than criteria applied to all other prospective tenants.
(h) The Very Low Income Units shall be of a comparable quality and offer a
range of sizes and number of bedrooms comparable to the units that are available to other tenants.
(i) The Borrower shall not collect any additional fees or payments from a Very
Low Income Tenant except security deposits or other deposits required of all tenants or for services
or items requested by a tenant. The Borrower shall not collect security deposits or other deposits
from Section 8 certificate or voucher holders in excess of those allowed under the Section 8 Program.
The Borrower shall not discriminate against Very Low Income Tenant applicants on the basis of
source of income (i.e., AFDC or SSI), and the Borrower shall consider a prospective tenant's
previous rent history of at least one year as evidence of the ability to pay the applicable rent.
(j) Each lease pertaining to a Very Low Income Unit shall contain a provision to
the effect that the Borrower has relied on the Income Certification and supporting information
supplied by the Very Low Income Tenant in determining qualification for occupancy of the Very
Low Income Unit and that any material misstatement in such certification (whether or not
intentional) will be cause for immediate termination of such lease. Each lease will also contain a
provision that failure to cooperate with the annual recertification process reasonably instituted by the
Borrower pursuant to Section 4( c) above may at the option of the Borrower disqualifY the unit as a
Very Low Income Unit or provide grounds for termination of the lease.
(k) The Borrower will execute and deliver to the Issuer an Administration
Agreement applicable to the Project at the request of the Issuer.
DOCSOC/I137281 v3/024036-0032
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(I) The Borrower agrees to provide to the Issuer and any Program Administrator
a copy of the form of application and lease to be provided to prospective Very Low Income Tenants.
The term of the lease shall be not less than thirty (30) days.
(m) The Borrower shall notify the Issuer and any Program Administrator of any
change in leasing agents or managers for the Project.
Section 5. Tax Status of the Bonds. The Borrower and the Issuer each represents, as of
the date hereof, and warrants, covenants and agrees that:
(a) It will not knowingly take or permit, or omit to take or cause to be taken, as is
appropriate, any action that would adversely affect the exclusion from gross income for federal
income tax purposes or the exemption from California personal income taxation of the interest on the
Bonds and, if it should take or permit, or omit to take or cause to be taken, any such action, it will
take all lawful actions necessary to rescind or correct such actions or omissions promptly upon
obtaining knowledge thereof;
(b) It will take such action or actions as may be necessary, in the written opinion
of Bond Counsel filed with the Issuer and the Trustee, to comply fully with the Act and all applicable
rules, rulings, policies, procedures, Regulations or other official statements promulgated, proposed or
made by the Department of the Treasury or the Internal Revenue Service pertaining to obligations
issued under Section l42(d) of the Code to the extent necessary to maintain the exclusion from gross
income for federal income tax purposes of interest on the Bonds; and
(c) The Borrower, at the Borrower's expense, will file of record such documents
and take such other steps as are necessary, in the written opinion of Bond Counsel filed with the
Issuer and the Trustee, in order to insure that the requirements and restrictions of this Regulatory
Agreement will be binding upon all owners of the Project, including, but not limited to, the execution
and recordation of this Regulatory Agreement in the real property records of the County of San
Diego.
The Borrower hereby covenants to notify any subsequent owner of the Project of the
requirements and restrictions contained in this Regulatory Agreement in any documents transferring
any interest in the Project to another person to the end that such transferee has notice of such
restrictions, and to obtain the agreement from any transferee to abide by all requirements and
restrictions of this Regulatory Agreement; provided that the covenants contained in this paragraph
shall not apply to the Credit Provider should the Credit Provider become the owner of the Project by
foreclosure, deed in lieu offoreclosure or comparable conversion of the Mortgage Loan. .
Section 6. Modification of Soecial Tax Covenants. The Borrower, the Trustee and the
Issuer hereby agree as follows:
(a) To the extent any amendments to the Act, the Refunding Law, the
Regulations or the Code shall, in the written opinion of Bond Counsel filed with the Issuer, the Credit
Provider, the Borrower and the Trustee, impose requirements upon the ownership or operation of the
Project more restrictive than those imposed by this Regulatory Agreement which must be complied
with in order to maintain the exclusion from gross income for federal income tax purposes of interest
on the Bonds, this Regulatory Agreement shall be deemed to be automatically amended to impose
such additional or more restrictive requirements.
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DOC50C/l137281 v3/024036-0032
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(b) To the extent any amendments to the Act, the Refunding Law, the
Regulations or the Code shall, in the written opinion of Bond Counsel filed with the Issuer, the Credit
Provider, the Borrower and the Trustee, impose requirements upon the ownership or operation of the
Project less restrictive than imposed by this Regulatory Agreement, this Regulatory Agreement may
be amended or modified to provide such less restrictive requirements but only by written amendment
approved and signed by the Issuer, the Trustee and the Borrower, approved by the Credit Provider
and approved by the written opinion of Bond Counsel that such amendment will not affect the
exclusion from gross income for federal income tax purposes of interest on the Bonds.
(c) The Borrower, the Issuer and, if applicable, the Trustee shall execute, deliver
and, if applicable, file of record any and all documents and instruments, necessary to effectuate the
intent of this Section 6, and each of the Borrower and the Issuer hereby appoints the Trustee as its
true and lawful attorney-in-fact to execute, deliver and, if applicable, file of record on behalf of the
Borrower or the Issuer, as is applicable, any such document or instrument (in such form as may be
approved in writing by Bond Counsel) if either the Borrower or the Issuer defaults in the
performance of its obligations under this subsection (c); provided, however, that the Trustee shall
take no action under this subsection (c) without first notifying the Borrower or the Issuer, or both of
them, as is applicable, unless directed in writing by the Issuer or the Borrower and without first
providing the Borrower or the Issuer, or both, as is applicable, an opportunity to comply with the
requirements of this Section 6.
Section 7. Indemnification. The Borrower hereby releases the Issuer, the Trustee and
the Program Administrator and their officers and employees from, and covenants and agrees to
indemnify, hold harmless and defend the Issuer, the Trustee and the Program Administrator and their
respective officers, members, directors, officials, agents and employees and each of them (each, an
"indemnified party") from and against any and all claims, losses, costs, damages, demands, expenses,
taxes, suits, judgments, actions and liabilities of whatever nature, joint and several (including,
without limitation, costs of investigation, reasonable attorneys' fees, litigation and court costs,
amounts paid in settlement, and amounts paid to discharge judgments), directly or indirectly (a) by or
on behalf of any person arising from any cause whatsoever in connection with transactions
contemplated hereby or otherwise in connection with the Project, the Bonds, or the execution or
amendment of any document relating thereto; (b) arising from any act or omission of the Borrower or
any of its agents, servants, employees or licensees, in connection with the Mortgage Loan or the
Project; (c) arising in connection with the issuance and sale, resale or reissuance of any Bonds or any
certifications or representations made by any person other than the Issuer or the party seeking
indemnification in connection therewith and the carrying out by the Borrower of any of the
transactions contemplated by the Bonds, the Indenture, the Financing Agreement and this Regulatory
Agreement; (d) arising in connection with the operation of the Project, or the conditions,
environmental or otherwise, occupancy, use, possession, conduct or management of work done in or
about the Project or any part thereof; and (e) arising out of or in connection with the Trustee's
acceptance or administration of the trusts created by the Indenture and the exercise of its powers or
duties thereunder or under the Financing Agreement, this Regulatory Agreement or any other
agreements in connection therewith to which it is a party; except (1) in the case of the foregoing
indemnification of the Trustee, the Program Administrator or any of their respective officers,
members, directors, agents and employees, to the extent such damages are caused by the negligence
or willful misconduct of such person, and (2) in the case of the foregoing indemnification of the
Issuer or any of its officers, members, directors, officials, agents and employees, to the extent such
damages are caused by the gross negligence or willful misconduct of such person.
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DOCSOCIl13 7281 v3/024036-0032
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In the event that any action or proceeding is brought against any indemnified party with
respect to which indemnity may be sought hereunder, the Borrower, upon written notice from the
indemnified party, shall assume the investigation and defense thereof, including the employment of
counsel selected (i) by the Borrower and reasonably approved by the indemnified party, when the
indemnified party is other than the Issuer, and (ii) by the Issuer when the indemnified party is the
Issuer or any of its officers, members, directors, officials, agents and employees; and the Borrower
shall assume the payment of all expenses related thereto, with full power to litigate, compromise or
settle the same in its sole discretion; provided that an affected indemnified party shall have the right
to review and approve or disapprove any such compromise or settlement. Each indemnified party
shall have the right if such indemnified party shall conclude in good faith that a conflict of interest
exists to employ separate counsel in any such action or proceeding and participate in the
investigation and defense thereof, and the Borrower shall pay the reasonable fees and expenses of
such separate counsel.
The Borrower also shall pay and discharge and shall indemnify and hold harmless the
Trustee, the Issuer and the Program Administrator from (i) any lien or charge upon payments by the
Borrower to the Trustee, the Issuer or the Program Administrator hereunder and (ii) any taxes
(including, without limitation, all ad valorem taxes and sales taxes), assessments, impositions and
other charges in respect of any portion of the Project. If any such claim is asserted, or any such lien
or charge upon payments, or any such taxes, assessments, impositions or other charges, are sought to
be imposed, the Issuer or the Program Administrator shall give prompt notice to the Borrower and
the Borrower shall have the sole right and duty to assume, and will assume, the defense thereof, with
full power to litigate, compromise or settle the same in its sole discretion.
Notwithstanding any transfer of the Project to another owner in accordance with the
provisions of the Financing Agreement, the Security Instrument and this Regulatory Agreement, the
transferor shall remain obligated to indemnify each indemnified party pursuant to this Section for all
matters arising prior to the date of transfer and with respect to the Issuer for all matters arising on or
after the transfer date if such subsequent owner fails to indemnify the Issuer, unless the Issuer
consents at the time of transfer to indemnification under this Section 7 from such subsequent owner.
In no event, however, shall any such consent by any indemnified party hereunder be deemed to
constitute the consent of any other indemnified party.
Notwithstanding the foregoing, the Credit Provider nor any successor in interest to the Credit
Provider, will assume or take subject to any liability for the indemnification obligations of the
Borrower for acts or omissions of the Borrower prior to any transfer of title to the Credit Provider,
whether by foreclosure, deed in lieu of foreclosure or comparable conversion of the Mortgage Loan;
the Borrower shall remain liable under the indemnification provisions of the Regulatory Agreement
for its acts and omissions prior to any transfer of title to the Credit Provider, as applicable. The
Credit Provider shall indemnify the Issuer and the Trustee following acquisition of the Project by the
Credit Provider by foreclosure, deed in lieu of foreclosure or comparable conversion of the Mortgage
Loan, during, and only during, any ensuing period that the Credit Provider owns and operates the
Project, provided that the liability of the Credit Provider shall be strictly limited to acts and omissions
of the Credit Provider occurring during the period of ownership and operation of the Project by the
Credit Provider. The Credit Provider's obligation, as applicable, to provide indemnification shall be
contingent upon the Credit Provider's receipt of written notice from any party asserting a right to
indemnification in time sufficient to enable the Credit Provider to defend any action, claim or
proceeding in a manner which is not prejudicial to the Credit Provider's rights. the Credit Provider
shall have no indemnification obligations with respect to the Bonds or the Loan Documents.
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DOCSOCII137281 v3/024036-0032
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In addition thereto, subject to Section 17 hereof, the Borrower will pay upon demand all of
the fees and expenses paid or incurred by the Trustee, the Issuer or the Program Administrator in
enforcing the provisions hereof.
The provisions of this Section 7 shall survive the term of the Bonds and this Regulatory
Agreement and the resignation or removal of the Trustee.
The obligations of the Borrower under this Section are independent of any other contractual
obligation of the Borrower to provide indemnity to the parties named herein or otherwise, and the
obligation of the Borrower to provide indemnity hereunder shall not be interpreted, construed or
limited in light of any other separate indemnification obligation of the Borrower. Any indemnified
party shall be entitled simultaneously to seek indemnity under this Section and any other provision
under which it is entitled to indemnity.
Section 8. Consideration. The Issuer has issued the Bonds and loaned the proceeds
thereof to the Borrower to refinance the Project, all for the purpose, among others, of lowering the
Borrower's costs with respect to the Project. In consideration of the issuance of the Bonds by the
Issuer, the Borrower has entered into this Regulatory Agreement and has agreed to restrict the uses to
which the Project can be put on the terms and conditions set forth herein.
Section 9. Reliance. The Issuer and the Borrower hereby recognize and agree that the
representations, warranties, covenants and agreements set forth herein may be relied upon by all
persons interested in the legality and validity of the Bonds, and in the exclusion from gross income
for federal income tax purposes and the exemption from California personal income taxes of the
interest on the Bonds. In performing their duties and obligations hereunder, the Issuer, the Trustee
and the Program Administrator may rely upon statements and certificates of the Borrower and the
Very Low Income Tenants, and upon audits of the books and records of the Borrower pertaining to
the Project. In addition, the Issuer, the Program Administrator and the Trustee may consult with
counsel, and the opinion of such counsel shall be full and complete authorization and protection in
respect of any action taken or suffered by the Issuer, the Program Administrator and the Trustee
under this Regulatory Agreement in good faith and in conformity with such opinion; provided,
however, if there are conflicting opinions among the counsel selected by such parties, the opinion of
Bond Counsel shall govern the interpretation and enforcement of this Regulatory Agreement. In
determining whether any default or lack of compliance by the Borrower exists under this Regulatory
Agreement, the Trustee shall not be required to conduct any investigation into or review of the
operations or records of the Borrower and may rely solely on any notice or certificate delivered to the
Trustee by the Borrower, the Issuer or the Program Administrator with respect to the occurrence or
absence of a default.
Section 10. Sale or Transfer of the Proiect: SYndication. The Borrower intends to hold
the Project for its own account, has no current plans to sell, transfer or otherwise dispose of the
Project, and hereby covenants and agrees not to sell, transfer or otherwise dispose of the Project, or
any portion thereof (other than for individual tenant use as contemplated hereunder and replacement
of personal property), without obtaining the prior written consent of the Issuer, which consent shall
be given upon receipt by the Issuer of (i) such certifications from the Borrower or the Trustee as are
reasonably deemed necessary by the Issuer to establish that the Borrower shall not be in default
under this Regulatory Agreement or under the Financing Agreement or, if any such defaults exist, the
purchaser or assignee undertakes to cure such defaults to the satisfaction of the Issuer; (ii) a written
instrument by which the Borrower's purchaser or transferee has assumed in writing and in full the
DOCSOCIl137281 v3/024036-0032
14
12-24
Borrower's duties and obligations under this Regulatory Agreement and under tbe Administration
Agreement, (iii) an opinion of counsel for tbe transferee tbat tbe transferee has duly assumed tbe
obligations oftbe Borrower under tbis Regulatory Agreement and tbe Administration Agreement and
tbat such obligations and tbis Regulatory Agreement and the Administration Agreement are binding
on tbe transferee, (iv) documentation from tbe transferee reflecting tbe transferee's experience witb
owning and/or operating multifamily housing projects such as tbe Project and witb use and
occupancy restrictions similar to tbose contained in tbis Regulatory Agreement, and (v) an opinion of
Bond Counsel addressed to tbe Issuer and the Trustee to tbe effect that such transfer will not cause
interest on any Bond to become includable in tbe gross income of the recipients thereof for federal
income tax purposes.
No transfer of the Project shall operate to release tbe Borrower from its obligations under this
Regulatory Agreement witb respect to any action or inaction taken prior to such transfer. Consent of
the Issuer and delivery of items (i), (ii), (Hi) and (v) oftbe preceding paragraph shall be required for
any transfer of tbe Project by tbe Credit Provider, or its designee, subsequent to tbe purchase at
foreclosure or transfer pursuant to deed in lieu of foreclosure as described in the preceding sentence.
It is hereby expressly stipulated and agreed tbat any sale, transfer or otber disposition of tbe
Project in violation oftbis Section 10 shall be null, void and witbout effect, shall cause a reversion of
title to tbe Borrower, and shall be ineffective to relieve tbe Borrower of its obligations under tbis
Regulatory Agreement. Not less than 20 days prior to consummating any sale, transfer or disposition
of any interest in tbe Project, tbe Borrower shall deliver to tbe Issuer and tbe Trustee a notice in
writing explaining tbe nature of tbe proposed transfer. The Borrower shall not syndicate tbe Project
unless, prior to such syndication, an opinion of counsel acceptable to tbe Issuer is delivered to the
Issuer to tbe effect that (i) tbe terms and conditions of the syndication do not reduce or limit any of
tbe requirements of tbe Act or regulations adopted or documents executed pursuant to tbe Act, (ii) no
requirements of the Issuer shall be subordinated to tbe syndication agreement and (iii) tbe
syndication shall not result in the provision of fewer assisted units, or the reduction of any benefits or
services, than were in existence prior to tbe syndication agreement.
Section II. Term. Except as provided in Section 30), (k), (I) and Section 7 above, which
provisions shall continue beyond the Qualified Project Period, and, except as provided in tbe second
paragraph of tbis Section II, tbis Regulatory Agreement and all and several of the terms hereof shall
become effective upon its execution and delivery and shall remain in full force and effect during the
Qualified Project Period, it being expressly agreed and understood that tbe provisions hereof are
intended to survive tbe retirement of tbe Bonds and expiration of the Indenture, the Financing
Agreement, tbe Note and the Security Instrument. Notwithstanding any other provisions of tbis
Regulatory Agreement to tbe contrary, this entire Regulatory Agreement, or any of tbe provisions or
sections hereof, may be terminated upon agreement by tbe Issuer, tbe Trustee and tbe Borrower only
iftbere shall have been received by tbe Issuer an opinion of Bond Counsel that such termination will
not adversely affect tbe exclusion from gross income for federal income tax purposes or tbe
exemption from State personal income taxes of tbe interest on tbe Bonds.
The terms of this Regulatory Agreement to tbe contrary notwithstanding, tbis Regulatory
Agreement, and each and all of tbe terms hereof, shall terminate and be of no further force and effect
in tbe event of involuntary noncompliance witb the provisions of this Regulatory Agreement caused
by (a) foreclosure of tbe Security Instrument or delivery of a deed in lieu of foreclosure, or (b) fire,
seizure, requisition, change in a federal law or an action of a federal agency after tbe Closing Date
which prevents tbe Issuer and tbe Trustee from enforcing tbe provisions of tbis Regulatory
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DOCSOC/I137281 v3/024036-0032
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Agreement or condemnation or a similar event, but only if within a reasonable period thereafter the
Bonds are paid in full and retired or amounts received as a consequence of such event are used to
provide a project that meets the requirements of the Code set forth in this Regulatory Agreement;
provided, however, that the preceding provisions of this sentence shall cease to apply and the
restrictions contained herein shall be reinstated if, at any time subsequent to the termination of such
provisions as the result of the foreclosure on the Project or the delivery of a deed in lieu of
foreclosure or a similar event, the Borrower or any Affiliated Party obtains an ownership interest in
the Project for federal income tax purposes. Upon the termination of the terms of this Regulatory
Agreement, the parties hereto agree to execute, deliver and record appropriate instruments of release
and discharge of the terms hereof; provided, however, that the execution and delivery of such
instruments shall not be necessary or a prerequisite to the termination of this Regulatory Agreement
in accordance with its terms.
Section 12. Covenants to Run With the Land. The Borrower hereby subjects the Project
(including the Project Site) to the covenants, reservations and restrictions set forth in this Regulatory
Agreement. The Issuer, the Trustee and the Borrower hereby declare their express intent that the
covenants, reservations and restrictions set forth herein shall be deemed covenants running with the
land and shall pass to and be binding upon the Borrower's successors in title to the Project; provided,
however, that on the termination of this Regulatory Agreement said covenants, reservations and
restrictions shall expire. Each and every contract, deed or other instrument hereafter executed
covering or conveying the Project or any portion thereof shall conclusively be held to have been
executed, delivered and accepted subject to such covenants, reservations and restrictions, regardless
of whether such covenants, reservations and restrictions are set forth in such contract, deed or other
instruments. No breach of any of the provisions of the Regulatory Agreement shall defeat or render
invalid the lien of the Security Instrument.
Section 13. Burden and Benefit. The Issuer, the Trustee and the Borrower hereby declare
their understanding and intent that the burden of the covenants set forth herein touch and concern the
land in that the Borrower's legal interest in the Project is rendered less valuable thereby. The Issuer,
the Trustee and the Borrower hereby further declare their understanding and intent that the benefit of
such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the
Project by Very Low Income Tenants, the intended beneficiaries of such covenants, reservations and
restrictions, and by furthering the public purposes for which the Bonds were issued.
Section 14. Uniformity: Common Plan. The covenants, reservations and re.strictions
hereof shall apply uniformly to the entire Project in order to establish and carry out a common plan
for the use, development and improvement of the Project Site.
Section 15. Enforcement. If the Borrower defaults in the performance or observance of
any covenant, agreement or obligation of the Borrower set forth in this Regulatory Agreement, and if
such default remains uncured for a period of 60 days after written notice thereof shall have been
given by the Issuer, the Trustee to the Borrower, the Credit Provider, and the Servicer (or such longer
period if the Borrower provides the Issuer with an opinion of Bond Counsel to the effect that such
extension will not adversely affect the exclusion from gross income for federal income tax purposes
of interest on the Bonds), then the Trustee, subject to the provisions of Section 9 hereof and acting on
its own behalf or on behalf of the Issuer, or the Issuer shall declare an "Event of Default" to have
occurred hereunder, and, at its option, may take anyone or more of the following steps:
DOC80C/I137281 v3/024036-0032
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12-26
(i) by mandamus or other suit, action or proceeding at law or in equity,
require the Borrower to perform its obligations and covenants hereunder or enjoin any acts or things
which may be unlawful or in violation of the rights of the Issuer or the Trustee hereunder;
(ii) have access to and inspect, examine and make copies of all of the
books and records of the Borrower pertaining to the Project;
(iii) with the prior written consent of the Credit Provider so long as the
Credit Facility is in effect, take such other action at law or in equity as may appear necessary or
desirable to enforce the obligations, covenants and agreements of the Borrower hereunder.
The Borrower hereby agrees that specific enforcement of the Borrower's agreements
contained herein is the only means by which the Issuer may fully obtain the benefits of such
agreements made by the Borrower herein, and the Borrower therefore agrees to the imposition of the
remedy of specific performance against it in the case of any Event of Default by the Borrower
hereunder.
The Trustee shall have the right, in accordance with this Section 15 and the provisions of the
Indenture, upon notice to but without the consent or approval of the Issuer, to exercise any or all of
the rights or remedies -of the Issuer hereunder. All fees, costs and expenses of the Trustee (including,
without limitation, reasonable attorneys fees) incurred in taking any action pursuant to this
Section 15 shall be the sole responsibility ofthe Borrower.
After the Indenture has been discharged, or if the Trustee fails to act under this Section 15,
the Issuer may act on its own behalf to declare an "Event of Default" to have occurred and to take
anyone or more of the steps specified hereinabove to the same extent and with the same effect as if
taken by the Trustee. After the date on which no Bonds remain outstanding as provided in the
Indenture, the Trustee shall no longer have any duties or obligations under this Regulatory
Agreement, and all references to the Trustee herein shall be deemed references to the Issuer.
The rights of the Trustee under this Section are in addition to all rights conferred upon the
Trustee under the Indenture and in no way limit those rights.
All monetary obligations of the Borrower that may arise under this Regulatory Agreement
shall be subject and subordinate to the repayment of amounts owed by the Borrower under the Loan
Documents.
Section 16. Recording and Filing. The Borrower shall cause this Regulatory Agreement
and all amendments and supplements hereto and thereto, to be recorded and filed in the real property
records of the County of San Diego and in such other places as the Issuer or the Trustee may
reasonably request. The Borrower shall pay all fees and charges incurred in connection with any
such recording.
Section 17. PaYment of Fees. The Borrower shall pay to the Issuer the Issuer's Annual
Fee through the end of the Qualified Project Period. To the extent that there are unforeseen and
unusual costs and expenses and the moneys available under the Indenture are insufficient therefor,
the Borrower hereby agrees to pay all reasonable costs and expenses of the Trustee and the Issuer in
connection with the Bonds and the fmancing of the Project as such costs and expenses become due
and payable.
17
DOCSOC/I137281 v3/024036-0032
12-27
Notwithstanding any prepayment of the Mortgage Loan and notwithstanding a discharge of
the Indenture, throughout the term of the Qualified Project Period, the Borrower shall continue to pay
the Issuer's Annual Fee on each January I and July I, and, so long as the Bonds are outstanding, to
the Trustee reasonable compensation for any services rendered by it hereunder and reimbursement
for all expenses reasonably incurred by either of them in connection therewith. The foregoing
provisions of this Section 17 shall in no way limit amounts payable by the Borrower under Section 7
hereof, or arising after an Event of Default in connection with the Issuer's, the Trustee's enforcement
of the provisions of this Regulatory Agreement.
Section 18. Governing Law. This Regulatory Agreement shall be governed by the laws
of the State of California. Except as expressly provided herein and in the Financing Agreement, the
Trustee's rights, duties and obligations hereunder are governed in their entirety by the terms and
provisions of the Indenture.
Section 19. Amendments. Except as provided in Section 6(a) hereof, this Regulatory
Agreement shall be amended only with the written consent of the Credit Provider by a written
instrument executed by the parties hereto or their successors in title, and duly recorded in the real
property records of the County. The parties hereto acknowledge that for so long as the Bonds are
outstanding, the Credit Provider and the owners of the Bonds are third party beneficiaries to this
Regulatory Agreement.
Section 20. Consents of the Credit Provider: Apl?licabilitv of Rider. The written consents
of the Credit Provider as required under this Regulatory Agreement shall not be required if the Credit
Provider is not the provider of credit enhancement for the Bonds or is in default under the Credit
Facility. During any period when the Credit Facility provided by Fannie Mae is in effect and no
default in payment has occurred thereunder and is continuing, the provisions of the Fannie Mae Rider
attached hereto as Exhibit D shall apply and, during such period, the terms, provisions and conditions
of the Regulatory agreement shall be subject in all respects to the terms, conditions and provisions of
Exhibit D.
Section 21. Trustee Acting Solelv in Such Capacity. In accepting its obligations
hereunder, the Trustee acts solely as trustee for the benefit of the owners of the Bonds for which it is
acting as trustee, and not in its individual capacity; and the duties, powers, rights and liabilities of the
Trustee in acting hereunder shall be subject to the provisions of the Indenture.
Section 22. Compliance bv Borrower. Unless it acts as the Program Administrator, the
Trustee shall not be responsible for monitoring or verifying compliance by the Borrower with its
obligations under this Regulatory Agreement. The Program Administrator shall assume such
responsibilities under the terms of any Administration Agreement.
Section 23. Notice. All notices, certificates or other communications shall be sufficiently
given and (except for notices to the Trustee, which shall be deemed given only when actually
received by the Trustee) shall be deemed given on the date personally delivered or on the second day
following the date on which the same have been mailed by certified mail, return receipt requested,
postage prepaid, addressed as follows:
DOCSOClI137281 v31024036-0032
18
12-28
Issuer:
Program Administrator:
Trustee:
Borrower:
with a copy to:
Fannie Mae:
DOCSOCIl1372S1 v3/024036-0032
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attention: City Manager
Telephone: L-J
Facsimile: L-J
Housing Authority of the City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attention: Executive Director
Telephone: (619) 691-5031
Facsimile: (619) 585-5774
U.S. Bank National Association
633 West Fifth Street, 24th Floor
Los Angeles, CA 90071
Attention: Corporate Trust Services
Eagle Lomas Verdes, L.P. c/o
Eagle Real Estate Group, LLC
Attention:
Telephone:
Facsimile:
Attention:
Telephone:
Facsimile:
Fannie Mae
3900 Wisconsin Avenue, NW
Drawer AM
Washington, D.C. 20016-2899
Attention: Vice President, Multifamily Operations
Telephone: (301) 204-8422
Facsimile: (202) 752-8369
RE: $ The City ofChula Vista Variable
Rate Demand Multifamily Refunding Revenue Bonds
(Teresina Apartments) Series 2006A; ARCS
Commercial Mortgage Co., L.P.
19
12-29
with a copy to:
Fannie Mae
3900 Wisconsin Avenue, NW
Drawer AM
Washington, D.C. 20016-2899
Attention: Director, Multifamily Asset Management
Telephone: (30 I) 204-8088
Facsimile: (301) 280-2065
RE: $ The City ofChula Vista Variable
Rate Demand Multifamily Refunding Revenue Bonds
(Teresina Aparttnents) Series 2006A; ARCS
Commercial Mortgage Co., L.P.
with a copy to:
O'Melveny & Myers
400 South Hope Street
Los Angeles, California 90071
Attention: Masood Sohaili
Telephone: (213) 430-6692
Facsimile: (213) 430-_
provided, however, that any notice required to be delivered to the Credit Provider pursuant to
Section 2.17(1)(1) will also be sent to:
Fannie Mae
3900 Wisconsin Avenue, N.W.
Washington, DC 20016-2899
Attention: Director, Fiscal Agency Relations and Treasury
Backoffice
Telephone: (202) 752-7916
Facsimile: (202) 752-6087
Servicer:
ARCS Commercial Mortgage Co., L. P.
Telephone:
Facsimile:
with a copy to:
the Credit Provider at the address specified above
Any of the foregoing parties may, by notice given hereunder, designate any further or
different addresses to which subsequent notices, certificates, documents or other communications
shall be sent. Copies of notices sent by any party hereto shall be sent concurrently to the Servicer.
Section 24. Third-Party Beneficiarv. The parties to this Regulatory Agreement recognize
and agree that the terms of this Regulatory Agreement and the enforcement of those terms are
essential to the security of the Credit Provider and are entered into for the benefit of the Credit
Provider. The Credit Provider shall accordingly have contractual rights in this Regulatory
Agreement and shall be entitled (but not obligated) to enforce, separately or jointly with the Issuer
and/or the Trustee, or to cause the Issuer or the Trustee to enforce, the terms of this Regulatory
Agreement. In addition, the Credit Provider is intended to be and shall be a third-party beneficiary of
DOCSOCII137281v3/024036-0032
20
12-30
this Regulatory Agreement, and the Credit Provider shall have the right (but not the obligation) to
enforce the terms of this Regulatory Agreement insofar as this Regulatory Agreement sets forth
obligations of the Borrower.
Section 25. Severabilitv. If any provision of this Regulatory Agreement shall be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof
shall not in any way be affected or impaired thereby.
Section 26. Multiple Counteroarts. This Regulatory Agreement may be executed in
multiple counterparts, all of which shall constitute one and the same instrument, and each of which
shall be deemed to be an original.
Section 27. Personal Obligation of Borrower; Limitations on Recourse to Borrower.
Notwithstanding any provisions of this Regulatory Agreement to the contrary, all obligations of the
Borrower under this Regulatory Agreement for the payment of money and all claims for damages
against the Borrower occasioned by breach or alleged breach by the Borrower of its obligations under
this Regulatory Agreement, including indemnification obligations, shall be unsecured by, and
subordinated in priority and right to, payment and in all other respects to the obligations and liens,
rights (including, without limitation, the right to payment) and interests arising or created under the
Loan Documents. This Regulatory Agreement shall not be deemed to create a lien or security
interest of any kind in the Project in favor of the Issuer, the Trustee or any other person with respect
to any monetary obligations of the Borrower arising under this Regulatory Agreement, and no such
person shall have recourse to the Project or have the right to enforce such obligations other than
directly against the Borrower as provided in Section 15 of this Regulatory Agreement. Except as
otherwise provided in Section 7 of this Regulatory Agreement, no subsequent Borrower shall be
liable or obligated for the breach or default of any obligation of the Borrower under this Regulatory
Agreement on the part of any prior Borrower. Such obligations shall be personal to the Person who
was the Borrower at the time the default or breach was alleged to have occurred, and such Person
shall remain liable for any and all damages occasioned by the default or breach even after such
Person ceases to be the Borrower.
Notwithstanding anything contained in any other provision of this Regulatory Agreement to
the contrary, the Borrower's obligations under Sections 7 and 17 hereof shall be and remain the joint
and several full recourse obligations of the Borrower and each general partner of the Borrower,
which, subject to the provisions of the first paragraph of this Section 27, are payable from and
enforceable against any and all income, assets and properties of the Borrower and each general
partner of the Borrower; provided that in no event shall Borrower or any partner of Borrower be
personally liable for the payment of the principal, interest or any premium on the Mortgage Loan or
the Bonds, which shall be non-recourse to Borrower and shall be enforced solely against the Project
and other property securing such obligations, in each case subject to and in accordance with the terms
and conditions of the Loan Documents.
21
DOCSOC/I137281 v3/024036-0032
1 2-31
IN WITNESS WHEREOF, the Issuer, the Trustee and the Borrower have executed this
Regulatory Agreement by duly authorized representatives, all as of the date fIrst written hereinabove.
THE CITY OF CHULA VISTA
By:
Its: Mayor
ATTEST:
City Clerk
EAGLE LOMAS VERDES, L.P.,
A Delaware Limited Partnership
By: Casa Major, Inc.,
A California nonprofIt public benefIt
corporation,
Its Managing General Partner
By:
Name:
Its:
Robert E. Graham
President
By: Eagle Real Estate Group, LLC,
a California limited liability company,
Its Co-General Partner
By: Eagle Real Estate Management Group, LLC,
a California limited liability company,
Its Managing Member
By:
Kenneth R. Melton,
Manager
By:
Randall J. Friend, Esq.
Manager
8-1
DOCSOC/I137281 v3/024036-0032
12-32
u.s. BANK NATIONAL ASSOCIATION, as Trustee
By:
Its: Authorized Officer
$-2
DOCSOCIl137281 v31024036-0032
12-33
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
On January _, 2006 before me, , Notary Public,
personally appeared , personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
DOCSOC/I137281 v3/024036-0032
N-l
12-34
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On January _, 2006 before me, , Notary Public,
personally appeared , personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized
capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
N-2
DOCSOC/1137281v3/024036-0032
12-35
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On January _' 2006 before me. . Notary Public,
personally appeared . personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose names(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
SIGNATURE OF NOTARY PUBLIC
N-3
DOCSOC/1137281 v3/024036-0032
12-36
EXHIBIT A
Project Site
Real property in the City of Chula Vista, County of San Diego, State of California, described
as follows:
[LEGAL DESCRIPTION TO COME]
A-I
DOCSOC/1137281 v3/024036-0032
12-37
EXHIBIT B
CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE
The undersigned, , being duly authorized to execute this certificate
on behalf of EAGLE LOMAS VERDES, L.P., a Delaware limited partnership (the "Borrower"),
hereby represents and warrants that:
L The undersigned has read and is thoroughly familiar with the provisions of the
following documents associated with the Borrower's participation in The City of Chula Vista (the
"Issuer") Variable Rate Demand Multifamily Housing Refunding Revenue Bonds (Teresina
Apartments), Series 2006A, such documents including:
(a) the Amended and Restated Regulatory Agreement and Declaration of
Restrictive Covenants (the "Regulatory Agreement") dated as of January I, 2006 among the
Borrower, the Issuer and U.S. Bank National Association (the "Trustee");
(b) the Note dated as of January I, 2006 from the Borrower to the Issuer
representing the Borrower's obligation to repay the Mortgage Loan; and
(c) the financing Agreement.
2. As of the date of this certificate, the following percentages of residential units in the
Project (i) are occupied by Very Low Income Tenants (as such term is defined in the Regulatory
Agreement) at monthly rents in compliance with the Regulatory Agreement or (ii) are currently
vacant and being held available for such occupancy and have been so held continuously since the
date a Very Low Income Tenant vacated such unit; as indicated:
1 Bedroom 2 Bedroom 3 Bedroom Total
Occupied by Very Low
Income Tenants: _% Unit Nos.:
Held vacant for occupancy
continuously since last
occupied by a Very Low
Income Tenant: % Unit Nos.:
3. The Borrower hereby certifies that the Borrower is not in default under any of the
terms of the above documents and no event has occurred which, with the passage of time, would
constitute an event of default thereunder, with the exception of the' following [state actions being
taken to remedy default].
EAGLE LOMAS VERDES, L.P., a Delaware limited
partnership
By:
Authorized Borrower Representative
DOCSOCIl137281 v3/024036-0032
B-1
12-38
EXHIBIT C
INCOME COMPUTATION AND CERTIFICATION
NOTE TO APARTMENT OWNER: This form is designed to assist you in computing Annual
Income in accordance with the method set forth in the Department of Housing and Urban
Development ("HUD") Regulations (24 CFR 5.609). You should make certain that this form is at all
times up to date with the HUD Regulations. All capitalized terms used herein shall have the meaning
set forth in the Regulatory Agreement.
Re: [Address of Apartment Building]
I/We, the undersigned state that I/we have read and answered fully, frankly and personally
each of the following questions for all persons who are to occupy the unit being applied for in the
above apartment project. Listed below are the names of all persons who intend to reside in the unit:
1
Name of Members
of the
Household
2
Relationship to
Head of
Household
3
4
5
Social Security
Number
Age
Place of
Employment
HEAD
SPOUSE
c-]
DOCSOCII137281 v3/024036-0032
1 2-39
Income Computation
6. The total anticipated income, calculated in accordance with this paragraph 6, of all persons
(except children under 18 years) listed above for the 12-month period beginning the earlier of
the date that IIwe plan to move into a unit or sign a lease for a unit is $
Included in the total anticipated income listed above are:
(a) The full amount, before any payroll deductions, of wages and salaries, overtime pay,
commissions, fees, tips and bonuses, and other compensation for personal services;
(b) The net income from the operation of a business or profession. Expenditures for
business expansion or amortization of capital indebtedness shall not be used as
deductions in determining net income. An allowance for depreciation of assets used
in a business or profession may be deducted, based on straight line depreciation, as
provided in Internal Revenue Service regulations. Any withdrawal of cash or assets
from the operation of a business or profession will be included in income, except to
the extent the withdrawal is reimbursement of cash or assets invested in the operation
by the family;
(c) Interest, dividends, and other net income of any kind from real or personal property.
Expenditures for amortization of capital indebtedness shall not be used as deductions
in determining net income. An allowance for depreciation is permitted only as
authorized in paragraph (6)(b) of this section. Any withdrawal of cash or assets from
an investment will be included in income, except to the extent the withdrawal is
reimbursement of cash or assets invested by the family. Where the family has net
family assets in excess of $5000, annual income shall include the greater of the actual
income derived from all net family assets or a percentage of the value of such assets
based on the current passbook savings rate, as determined by the Department of
Housing and Urban Development;
(d) The full amount of periodic amounts received from Social Security, annuities,
insurance policies, retirement funds, pensions, disability or death benefits, and other
similar types of periodic receipts, including a lump-sum amount or prospective
monthly amounts for the delayed start of a periodic amount except deferred periodic
amounts from supplemental security income and social security benefits that are
received in a lump sum amount or in prospective monthly amounts;
(e) Payments in lieu of earnings, such as unemployment and disability compensation,
worker's compensation and severance pay except lump-sum additions to family
assets, such as inheritances, insurance payments (including payments under health
and accident insurance and worker's compensation), capital gains and settlement for
personal or property losses (excluding payments in lieu of earnings, such as
unemployment and disability compensation, worker's compensation and severance
pay);
(f) Welfare assistance. If the welfare assistance payment includes an amount
specifically designated for shelter and utilities that is subject to adjustment by the
DOCSOCII137281 v3/024036-0032
C-2
12-40
welfare assistance agency in accordance with the actual cost of shelter and utilities,
the amount of welfare assistance income to be included as income shall consist of:
(I) The amount of the allowance or grant exclusive of the amount specifically
designated for shelter or utilities; plus
(2) The maximum amount that the welfare assistance agency could in fact allow
the family for shelter and utilities. If the family's welfare assistance is ratably
reduced form the standard of need by applying a percentage, the amount
calculated under this paragraph shall be the amount resulting from one
application of the percentage;
(g) Periodic and determinable allowances, such as alimony and child support payments,
and regular contributions or gifts received from organizations or from persons not
residing in the dwelling;
(h) All regular pay, special pay and allowances of a member of the Armed Forces except
the special pay to a family member serving in the Armed Forces who is exposed to
hostile fire.
Excluded from such anticipated income are:
(a) Income from employment of children (including foster children) under the age of 18
years;
(b) Payments received for the care of foster children or foster adults (usually persons
with disabilities, unrelated to the tenant family, who are unable to live alone);
(c) Lump-sum additions to family assets, such as inheritances, insurance payments
(including payments under health and accident insurance and worker's
compensation), capital gains and settlement for personal or property losses except
payments in lieu of earnings, such as unemployment and disability compensation,
worker's compensation and severance pay;
(d) Amounts received by the family that are specifically for, or in reimbursement of, the
cost of medical expenses for any family member;
(e) Income ofa live-in aide, as defined by 24 CFR g5.403;
(f) The full amount of student financial assistance paid directly to the student or to the
educational institution;
(g) The special pay to a family member serving in the Armed Forces who is exposed to
hostile fire;
(h)
(I)
Amounts received under training programs funded by the Department of
Housing and Urban Development;
(2) Amounts received by a person with a disability that are disregarded for a
limited time for purposes of Supplemental Security Income eligibility and
C-3
DOCSOC/I137281 v3/024036-0032
12-41
benefits because they are set aside for use under a Plan to Attain Self-
Sufficiency (PASS):
(3) Amounts received by a participant in other publicly assisted programs which
are specifically for or in reimbursement of out-of-pocket expenses incurred
(special equipment, clothing, transportation, child care, etc.) and which are
made solely to allow participation in a specific program;
(4) Amounts received under a resident service stipend. A resident service stipend
is a modest amount (not to exceed $200 per month) received by a resident for
performing a service for the Public Housing Authority or owner, on a part-
time basis, that enhances the quality oflife in the development. Such services
may include, but are not limited to, fire patrol, hall monitoring, lawn
maintenance, and resident initiatives coordination. No resident may receive
more than one such stipend during the same period oftime;
(5) Incremental earnings and benefits resulting to any family member from
participation in qualifying State or local employment training programs
(including training programs not affiliated with a local government) and
training of a family member as resident management staff. Amounts
excluded by this provision must be received under employment training
programs with clearly defined goals and objectives, and are excluded only for
the period during which the family member participates in the employment
training program;
(i) Temporary, nomecurring or sporadic income (including gifts);
U) Reparation payments paid by a foreign government pursuant to claims filed under the
laws of that government by persons who were persecuted during the Nazi era;
(k) Earnings in excess of$480 for each full-time student 18 years old or older (excluding
the head of household and spouse);
(I) Adoption assistance payments in excess of $480 per adopted child;
(m) Deferred periodic amounts from supplemental security income and social security
benefits that are received in a lump sum amount or in prospective monthly amounts.
(n) Amounts received by the family in the form of refunds or rebates under State or local
law for property taxes paid on the dwelling unit;
(0) Amounts paid by a State agency to a family with a member who has a developmental
disability and is living at home to offset the cost of services and equipment needed to
keep the developmentally disabled family member at home; or
(P) Amounts specifically excluded by any other Federal statute from consideration as
income for purposes of determining eligibility or benefits under a category of
assistance programs that includes assistance under any program to which the
exclusions set forth in 24 CFR g5.609(c) apply.
C-4
DOCSOC/I13728! v3/024036-0032
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7. Do the persons whose income or contributions are included in item 6 above
(a) have savings, stocks, bonds, equity in real property or other form of capital
investment (excluding the values of necessary items of personal property such as
furniture and automobiles and interests in Indian trust land)?
Yes
No; or
(b) have they disposed of any assets (other than at a foreclosure or bankruptcy sale)
during the last two years at less than fair market value?
Yes No
( c) If the answer to (a) or (b) above is yes, does the combined total value of all such
assets owned or disposed of by all such persons total more than $5,000?
Yes No
(d) If the answer to (c) above is yes, state:
(I) the combined total value of all such assets: $
(2) the amount of income expected to be derived from such assets in the
12-month period beginning on the date of initial occupancy in the unit that
you propose to rent: $ , and
(3) the amount of such income, if any, that was included in item 6 above:
$-
8.
(a)
Are all of the individuals who propose to reside in the unit full-time students*?
Yes No
* A full-time student is an individual enrolled as a full-time student during each of 5
calendar months during the calendar year in which occupancy ofthe unit begins at an
educational organization which normally maintains a regular faculty and curriculum
and normally has a regularly enrolled body of students in attendance or is an
individual pursuing a full-time course of institutional on farm training under the
supervision of an accredited agent of such an educational organization or of a state or
political subdivision thereof.
(b) If the answer to 8(a) is yes, is at least 2 ofthe proposed occupants of the unit a
husband and wife entitled to file a joint federal income tax return?
Yes No
9. Neither myself nor any other occupant of the unit l/we propose to rent is the owner of the
rental housing project in which the unit is located (hereinafter the "Borrower"), has any
family relationship to the Borrower; or owns directly or indirectly any interest in the
C-5
DOCSOC/l137281 v3/024036-0032
12-43
Borrower. For purposes of this paragraph, indirect ownership by an individual shall mean
ownership by a family member, ownership by a corporation, partnership, estate or trust in
proportion to the ownership or beneficial interest in such corporation, partnership, estate or
trustee held by the individual or a family member; and ownership, direct or indirect, by a
partner of the individual.
10. This certificate is made with the knowledge that it will be relied upon by the Borrower to
determine maximum income for eligibility to occupy the unit; and I/we declare that all
information set forth herein is true, correct and complete and based upon information I/we
deem reliable and that the statement of total anticipated income contained in paragraph 6 is
reasonable and based upon such investigation as the undersigned deemed necessary.
II. I/we will assist the Borrower in obtaining any information or documents required to verifY
the statements made herein, including either an income verification from my/our present
employer( s) or copies of federal tax returns for the immediately preceding calendar year.
12. I/we acknowledge that I/we have been advised that the making of any misrepresentation or
misstatement in this declaration will constitute a material breach of my/our agreement with
the Borrower to lease the unit and will entitle the Borrower to prevent or terminate my/our
occupancy of the unit by institution of an action for ejection or other appropriate proceedings.
I/we declare under penalty of peljury that the foregoing is true and correct.
Executed this _ day of
,
in the County of San Diego, California.
Applicant
Applicant
[Signature of all persons (except children under the age of 18 years) listed in number 2 above
required]
DOCSOC/1137281 v3/024036-0032
C-6
12-44
FOR COMPLETION BY BORROWER ONLY:
1. Calculation of eligible income:
a.
Enter amount entered for entire household in 6 above:
$
b. (I) If the answer to 7(c) above is yes, enter the total
amount entered in 7( d)(2), subtract from that
figure the amount entered in 7(d)(3) and enter the
remaining balance ($ )
(2) Multiply the amount entered in 7( d)(I) times the
current passbook savings rate as determined by
HUD to determine what the total annual earnings
on the amount in 7(d)(I) would be if invested in
passbook savings ($ ), subtract from
that figure the amount entered in 7(d)(3) and enter
the remaining balance ($ );
(3) Enter at right the greater of the amount calculated
under (I) or (2) above: $
c. TOTAL ELIGIBLE INCOME
(Line La plus line 1.b(3)):
$
2. The amount entered in line l.c:
Qualifies the applicant(s) as a Very Low Income
Tenant(s)
Does not qualify the applicant(s) as a Very Low Income
Tenant
Qualifies the applicant(s) as a Low Income Tenant(s).
Does not qualify the applicant(s) as a Low Income
Tenant(s).
3.
Number of apartment unit assigned: _
Bedroom Size
Rent:
$
4. This apartment unit [was/was not] last occupied for a period of 31
or more consecutive days by persons whose aggregate anticipated
annual income as certified in the above manner upon their initial
occupancy of the apartment unit qualified them as Very Low
Income Tenants.
C-7
DOCSOC/1137281 v3/024036-0032
12-45
5. Method used to verify applicant(s) income:
Employer income verification.
Copies of tax returns.
Other ( )
DOCSOCIl137281v3/024036-0032
Authorized Borrower Representative
C-8
12-46
INCOME VERIFICATION
(for employed persons)
The undersigned employee has applied for a rental unit located in a project fmanced under The City
of Chula Vista Apartment Development Revenue Bond Program for persons of lower income. Every
income statement of a prospective tenant must be stringently verified. Please indicate below the
employee's current annual income from wages, overtime, bonuses, commissions or any other form of
compensation received on a regular basis.
Annual wages
Overtime
Bonuses
Commissions
Other Income
Total current income
I hereby certify that the statements above are true and complete to the best of my knowledge.
Signature
Date
Title
I hereby grant you permission to disclose my income to in order that
they may determine my income eligibility for rental of an apartment located in their project which
has been financed under the City of Chula Vista Apartment Development Bond Program.
Signature
Date
Please send to:
C-9
DOCSOCIl137281v3/024036-0032
12-47
INCOME VERIFICATION
(for self-emploved persons)
I hereby attach copies of my individual federal and state income tax returns for the immediately
preceding calendar year and certify that the information shown in such income tax returns is true and
complete to the best of my knowledge.
Signature
Date
DOCSOCII 13 7281 v3/024036-003 2
C-IO
12-48
EXIllBIT D
FANNIE MAE RIDER
TO THE AMENDED AND RESTATED REGULATORY AGREEMENT
THIS FANNIE MAE RIDER TO THE AMENDED AND RESTATED REGULATORY
AGREEMENT ("Rider") is attached to and forms a part of the REGULATORY AGREEMENT
AND DECLARATION OF RESTRICTIVE COVENANTS ("Regulatory Agreement"), dated as
of January 1, 2006, by and among EAGLE LOMAS VERDES, L.P., a Delaware limited
partnership ("Borrower"), its successors and assigns, the City of Chula Vista ("Issuer"), U.S.
Bank National Association ("Trustee"), as Trustee.
1. Definitions. All capitalized terms used in this Rider have the meanings given to
those terms in the Regulatory Agreement or the Indenture, as applicable.
2. Applicabilitv. This Rider shall amend and supplement the Regulatory Agreement. In
the event any provision of this Rider conflicts with the Regulatory Agreement, this Rider shall
supersede the conflicting provision of the Regulatory Agreement. This Rider shall apply in spite of
the fact that the covenants, reservations and restrictions of the Regulatory Agreement run with the
land and may be deemed applicable to any successor in interest to the Borrower.
3. Oblie:ations not Secured bv the Morte:ae:ed Property. The Regulatory Agreement
shall not constitute a mortgage, equitable mortgage, deed of trust, deed to secure debt or other lien or
security interest in the Mortgaged Property. None of the obligations of the Borrower or any
subsequent owner of the Mortgaged Property under the Regulatory Agreement shall be secured by a
lien on, or security interest in, the Mortgaged Property. All such obligations are expressly intended
to be and shall remain unsecured obligations. The occurrence of an event of default under the
Regulatory Agreement shall not impair, defeat or render invalid the lien of the Security Instrument.
4. Subordination. The terms, covenants and restrictions of the Regulatory Agreement,
other than those set forth in Sections 3, 4, 5 and 6, are and shall at all times remain subject and
subordinate, in all respects, to the liens, rights and interests created under the Loan Documents.
Upon a conveyance or other transfer oftitle to the Mortgaged Property by foreclosure, deed in lieu of
foreclosure or comparable conversion of the Mortgage Loan, the Person who acquires title to the
Mortgaged Property pursuant to such foreclosure, deed in lieu of foreclosure or comparable
conversion of the Mortgage Loan (unless such Person is the Borrower or a Person related to the
Borrower within the meaning of Section I.I03-IO(e) of the Regulations, in which event the
Regulatory Agreement shall remain in full force and effect in its entirety) shall acquire such title free
and clear of the terms, covenants and restrictions of the Regulatory Agreement, other than those set
forth in Sections 3, 4, 5 and 6 and, from and after the date on which such Person acquires title to the
Mortgaged Property, the terms, covenants and restrictions of the Regulatory Agreement, other than
those set forth in Sections 3, 4, 5 and 6, shall automatically terminate and be of no force and effect;
provided that Sections 3, 4, 5 and 6 shall also terminate and be of no force or effect under the
circumstances set forth in Section II of the Regulatory Agreement.
5. Oblie:ations Personal. The Issuer agrees that no owner of the Mortgaged Property
(including Fannie Mae) subsequent to the Borrower will be liable for, assume or take title to the
Mortgaged Property subject to:
D-l
DOCSOC/1137281 v3/024036-0032
12-49
(a) any failure of any prior owner of the Mortgaged Property to perform or observe any
representation or warranty, affirmative or negative covenant or other agreement or undertaking under
the Regulatory Agreement; and
(b) the payment of any compensation or any accrued unpaid fees, costs, expenses or
penalties otherwise owed by any prior owner of the Mortgaged Property under the Regulatory
Agreement.
Borrower and each subsequent owner of the Mortgaged Property shall be responsible under the
Regulatory Agreement for its own acts and omissions occurring during the period of its ownership of
the Mortgaged Property. All such liability and obligations shall be and remain personal to such
person even after such person ceases to be the owner of the Mortgaged Property.
6. Sale or Transfer.
(a) Restrictions Not Applicable to Certain Transfers. All prOVlSlons of the
Regulatory Agreement regarding the sale or transfer of the Mortgaged Property or of any interest in
the Borrower, including any requirement, limitation or condition precedent for any of (i) the consent
of the Issuer or the Trustee to such transfer, (ii) an agreement by any transferee to abide by the
requirements and restrictions of the Regulatory Agreement, (iii) transferee criteria or other similar
requirements, (iv) an opinion of legal counsel and (v) the payment of any assumption fee, transfer
fee, penalty or other charges, shall not apply to any of the following:
(I) any transfer of title to the Mortgaged Property to Fannie Mae or to a third
party by foreclosure, deed in lieu of foreclosure or comparable conversion of any lien on the
Mortgaged Property or to any subsequent transfer by Fannie Mae (or a third party) following
such foreclosure, deed in lieu of foreclosure or comparable conversion;
(2) any execution and delivery of a mortgage, deed of trust, deed to secure debt
or other lien by the Borrower to secure any additional indebtedness of the Borrower which is
originated by a lender for sale to Fannie Mae or guaranteed or otherwise credit enhanced by
Fannie Mae; and
(3) provided that no Bonds are then Outstanding or all Bonds are to be
simultaneously fully paid, redeemed or defeased, any execution and delivery of a mortgage,
deed of trust, deed to secure debt or other lien by the Borrower to secure any indebtedness
incurred by the Borrower which effectively refinances the Mortgage Loan.
(b) Fannie Mae Rights to Consent Not Impaired. Nothing contained in the Regulatory
Agreement shall affect any provision of the Security Instrument or any of the other Credit Facility
Agreement or Loan Documents which requires the Borrower to obtain the consent of Fannie Mae as
a precondition to sale, transfer or other disposition of, or any direct or indirect interest in, the
Mortgaged Property or of any direct or indirect interest in the Borrower, excluding transfers
permitted by the Security Instrument.
(c) Conclusive Evidence. Any written consent to a sale or transfer obtained from the
Issuer shall constitute conclusive evidence that the sale or transfer is not a violation of the transfer
provisions of the Regulatory Agreement.
DOCSOC/I137281 v3/024036-0032
D-2
12-50
7. Dama2e. Destruction or Condemnation of the Mort2a2ed ProDerty. In the event
that the Mortgaged Property is damaged or destroyed or title to the property, or any part thereof, is
taken through the exercise or the threat of the exercise of the power of eminent domain, the Borrower
shall comply with all applicable requirements of the Security Instrument and the other Loan
Documents.
8. Re2ulatorv A2reement Default. Notwithstanding anything contained In the
Regulatory Agreement to the contrary:
(a) The occurrence of an event of default under the Regulatory Agreement shall not
impair, defeat or render invalid the lien of the Security Instrument.
(b) The OCCurrence of an event of default under the Regulatory Agreement shall not be or
be deemed to be a default under the Loan Documents, except as may be otherwise specified in the
Loan Documents.
(c) Upon any default by the Borrower under the Regulatory Agreement, the Assignment
shall govern the remedies and other actions which the Issuer may take on account of such default.
9. Amendments. Unless the Assigned Rights (as that term is defined in the
Assignment) are held solely by the Trustee pursuant to Section 2.6(2) of the Assignment, the Issuer
shall not consent to any amendment, supplement to, or restatement of the Regulatory Agreement
without the prior written consent of Fannie Mae.
10. Termination. The Regulatory Agreement may be terminated upon agreement by the
Issuer, the Trustee, the Credit Provider and the Borrower upon receipt of an opinion of a nationally
recognized bond counsel acceptable to the Trustee that such termination will not adversely affect the
exclusion of the interest on the Bonds from gross income for federal income purposes. So long as the
Bonds have been redeemed or are redeemed within a reasonable penod thereafter, the Regulatory
Agreement shall terminate and be of no further force or effect from and after the date of any transfer
of title to the Mortgaged Property by foreclosure, deed in lieu of foreclosure or comparable
conversion of any lien on the Mortgaged Property; provided, however, that the preceding,provisions
of this sentence shall cease to apply and the restrictions contained in the Regulatory Agreement shall
be reinstated if, at any time subsequent to the termination of such provisions as the result of the
foreclosure or the delivery of a deed in lieu of foreclosure or a similar event, the Borrower or any
related person (within the meaning of Section 1.l03-IO(e) of the Regulations) obtains an ownership
interest in the Mortgaged Property for federal income tax purposes.
II. Third-Party Beneficiarv. The parties to the Regulatory Agreement recognize and
agree that the terms of the Regulatory Agreement and the enforcement of those terms are essential to
the security of Fannie Mae and are entered into for the benefit of various parties, including Fannie
Mae. Fannie Mae shall accordingly have contractual rights in the Regulatory Agreement and shall be
entitled (but not obligated) to enforce, separately or jointly with the Issuer and/or the Trustee, or to
cause the Issuer or the Trustee to enforce, the terms of the Regulatory Agreement. In addition, the
Borrower and the Issuer intend that Fannie Mae be a third-party beneficiary of the Regulatory
Agreement.
D-3
DOCSOC/1137281 v3/024036-0032
12-51
12. Copies of Notices under the Rel!:ulatorv Al!:reement. Copies of all notices under
the Regulatory Agreement shall be sent to the Loan Servicer at the address set forth below or to such
other address as the Loan Servicer may from time to time designate:
ALRS Commercial Mortgage Co., L.P.
Telephone:
Facsimile:
13. Notices. Any notice to be given to Fannie Mae shall be sent to Fannie Mae at the
address set forth below or to such other address as Fannie Mae may from time to time designate:
Fannie Mae
3900 Wisconsin Avenue, NW
Drawer AM
Washington, DC 20016-2899
Attention: Director, Multifamily Asset Management
Telephone: (301) 204-8088
Facsimile: (301) 280-2065
RE: $ The City ofChula Vista Multifamily
Refunding Revenue Bonds (Teresina Apartments) Series
2006A; ARCS Commercial Mortgage Co., L.P.
With a copy to:
Fannie Mae
3900 Wisconsin Avenue, NW
Drawer AM
Washington, D.C. 20016-2899
Attention: Vice President, Multifamily Operations
Telephone: (301) 204-8422
Facsimile: (202) 752-7869
RE: $ The City ofChula Vista Variable Rate
Demand Multifamily Refunding Revenue Bonds (Teresina
Apartments) Series 2006A; ARCS Commercial Mortgage
Co., L.P.
BORROWER'S INITIALS:
ISSUER'S INITIALS:
TRUSTEE'S INITIALS:
D-4
DOCSOC/1137281 v3/024036-0032
12-52
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26
Section 27
Table of Contents
Page
Definitions and Interpretation.................... .............................................. .....................2
Construction, Equipping and Completion of the Project ..............................................6
Residential Rental Property............................................................................. ... ........... 6
Very Low Income Tenants ............................................................................................ 8
Tax Status of the Bonds ..............................................................................................11
Modification of Special Tax Covenants...................................................................... 11
Indemnification........................................................................................................... 12
Consideration.............................................................................................................. 14
Reliance ........................................... ................. ............ ........................................... ....14
Sale or Transfer ofthe Project; Syndication ...............................................................14
Term ... ................................................................. ............................... .........................15
Covenants to Run With the Land ................................................................................16
Burden and Benefit .....................................................................................................16
Uniformity; Common Plan.......................................................................................... 16
Enforcement................................................................................................................ 16
Recording and Filing ................................. ................................... ............................... 17
Payment of Fees ........................................ ................................. ................................. 17
Governing Law.. ................................................................ ...... .......................... ..........18
Amendments ............................................................................................................... 18
Consents of the Credit Provider; Applicability of Rider............................................. 18
Trustee Acting Solely in Such Capacity .....................................................................18
Compliance by Borrower ...... .......... ............................................................................18
Notice.......................................................................................................................... 18
Third-Party Beneficiary .............................................................................................. 20
Severability ................................................................................................................. 21
Multiple Counterparts ................................. ... ............ .................. .......... ..................... 21
Personal Obligation of Borrower; Limitations on Recourse to Borrower ..................21
Signatures................................................................................................................................ ........... S-I
EXHIBIT A - PROJECT SITE........................................................................................................A-l
EXHIBIT B - CERTIFICATE OF CONTINUING PROGRAM COMPLlANCE.........................B-l
EXHIBIT C - INCOME COMPUTATION AND CERTIFICATION ..........................................C-l
EXHIBIT D - FANNIE MAbRIDER TO REGULATORY AGREEMENT ................................D-l
DOCSOC/1137281 v3/024036-0032
12-53
Council Agenda Statement
mY OF
CHUlA VISTA
Item: 13
Meeting Date: 01/17/2.006
ITEM TITLE:
Directing Staff To Negotiate A Pre-Annexation Agreement With The
City Of National City To Realign The Boundary Between The Two
Cities As The Sweetwater River Flood Control Channel
REVIEWED BY:
Laurie Madigan, Assistant City Manager
City Manager f ~ p 1\
(4/5ths Vote: Yes _ NoLl
SUBMITTED BY:
RECOMMENDATION:
That the City Council direct the City Manager to negotiate a Pre-Annexation Agreement
with the City of National City to realign the boundary between the two Cities to follow
Highway 54 and the CAL TRANS flood control channel, based upon the following
principles:
1. The level of revenues currently generated by properties within the reorganization
area ("base revenue") will remain with the City currently receiving such revenue,
2. Increased revenue from existing development (above "base" revenue) will be
shared on a 50/50 basis by the two Cities, and
3. New revenue that is created from new development will be shared equally if
development costs are shared equally or, alternatively, will be shared in
proportion to the sharing of development costs.
BOARDS/COMMISSIONS RECOMMENDATION:
Not applicable.
BACKGROUND:
Attachment 1 to this report depicts the current jurisdictional boundary line between the
Cities of Chula Vista and National City. This meandering boundary creates a situation
where certain properties located south of Highway 54 lie within the jurisdiction of the
City of National City, while other properties located north of Highway 54 are within the
Chula Vista jurisdiction. The interweaving boundary across both the flood control
channel and the highway makes little sense, creates jurisdictional confusion, and sets-
up a situation where each City has responsibility to provide health and safety services to
areas that are more easily reachable by the other jurisdiction. Your City Manager and
13-1
Page 2, Item: /3
Meeting Date: 01/17/2006
the City Manager of National City have met, with staff, to discuss a process to
"reorganize" our municipal boundaries, using the CAL TRANS Sweetwater River Flood
Control Channel along Highway 54 as the more appropriate dividing line between the
two cities.
Currently, two areas on the south side of 54 are part of the National City jurisdiction.
The most western of these areas is comprised of approximately 32.5 acres. South Bay
Motorsports as well as the Southland and Regency industrial parks are located in this
area, as is a mitigation area of approximately 14.5 acres. This wetland mitigation area
is owned by the San Diego Aircraft Carrier Museum, who are currently undertaking
clean-up and re-vegetation of the area as mitigation for loss of water area resulting from
the location of the USS Midway in San Diego Bay. The eastern area south of 54
located in National City is comprised of approximately 14 acres and is the site of the
South Bay Marketplace with Dixieline Lumber, Old Navy and Office Depot among other
businesses.
North of 54 two areas are now within the jurisdiction of the City of Chula Vista. These
include an area comprised of approximately 11 acres, which includes the Harbor Drive-
In Theater and, to the east, an area of approximately 17 acres which is the site of the
Food 4 Less, Econo Lube and Tune and the Sweetwater Authority demineralization
facility.
The sales tax revenues currently generated by the territory described above located in
National City south of 54 is estimated at $940,000. Sales taxes generated in the Chula
Vista areas north of 54 are estimated at $50-70,000. The two National City areas are
located within that City's Redevelopment Area and generate annual property tax
increment revenue of approximately $370,000. The annual property tax revenue
generated for the City of Chula Vista by the area under study, which is not in an RDA, is
approximately $25,000.
In order to reorganize the boundaries between the two Cities, a tax-sharing agreement
will be required. The City Managers have discussed in concept an approach that would
establish a "base year" (much like that which is done when an RDA is formed). All tax
revenues up to that base amount would continue to accrue to the City of origin. New
tax increment resulting from general adjustments and inflation would be shared 50/50.
If new development is proposed for a site, new revenues would be shared 50/50 or
proportionate to investment; in other words, each City would share in the initial cost for
infrastructure necessary to provide for such development to occur and then share in
new revenues in relationship to their cost participation.
Attachment 2 is a summary of the procedures required to complete a reorganization of
City boundaries. Prior to committing to the first action required by the Local Agency
Formation Commission (LAFCO), adopting a resolution of application, it is
recommended that we negotiate and prepare a Pre-Annexation Agreement with the City
of National City. This Agreement will outline all relevant points of agreement upon
13-2
Page 3, Item: 13
Meeting Date: 01/17/2006
which the annexation and the related tax-sharing agreement will be based, clarifying the
understandings of the two Cities prior to making application to LAFCO.
FISCAL IMPACT:
There will be no fiscal impact from this action. If a Pre-Annexation Agreement is
completed and a Resolution of Application made to LAFCO, there will be costs
associated with boundary surveys, preparation of legal descriptions, and LAFCO
application and State filing costs, which will be shared by the two Cities.
Attachments
13-3
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ATTACHMENT 2
SUMMARY OF PROCEDURES FOR REORGANIZATION OF CITY BOUNDARIES
CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000
Reauired LAFCO Actions
1. Adopt a resolution making determinations and approving:
a. The detachment of territories from City of Chula Vista and annexation of same
territories to the City of National City
b. The detachment of territories from City of National City and annexation of
same territories to the City of Chula Vista
2. Adopt a statement of determinations for concurrent sohere of influence
amendments (determine that a municipal service review is not required).
3. Act as Responsible Agency for CEQA review and approvals of the Lead Agency (one
or both cities) DB review and determine the applicability of Section lS319(a) of the
State CEQA.Guidelines (Class 19 categorical exemption):
15319. Annexations of Existing Facilities and Lots for Exempt Facilities
Class 19 consists of only the following annexations:
(a) Annexations to a city or special district of areas containing existing public or private structures
developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing
governmental agency whichever is more restrictive, provided, however, that the extension of utility
services to the existing facilities would have a capacity to serve only the existing facilities.
(b) Annexations of individual small parcels of the minimum size for facilities exempted by Section
15303, New Construction or Conversion of Small Structures.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code; Reference: Section 21084,
Public Resoorces Code.
Discussion: The exemption under subsection (a) is not allowed if it is foreseeable that utility services
would extend into the annexed parcels and have the potential to serve a greater capacity than
existing uses. The exemption is also unavailable if "unusual circumstances" under Section 15300.2(c)
are found. For example, in City of Santa Clara v. LAFCO of Santa Clara County, (1983) 139 Ca!. App.
3d 923, the court found that unusual circumstances existed when the annexing city's general plan
called for the newly annexed parcels to eventually become residential and industrial rather than the
prezoned agricultural use. The unusual circumstances arose from the inconsistency between the
prezoned agricultural use and the general plan's designated land use and thus preCluded the use of
this categorical exemption.
Reauired Actions of Cities
1. Adopt resolution of application requesting initiation of LAFCO oroceedinas for a
change of reorganization and concurrent sphere of influence amendments.
2. General Plan amendments and prezoning.
3. CEQA - Initial study and preparation of a Negative Declaration or Mitigated Negative
Declaration for General Plan amendments and prezoning DB review and determine
the applicability of Section lS319(a) of the State CEQA Guidelines (Class 19
categorical exemption).
4. Map & Legal Description - Surveyor's map and metes and bounds description of
each affected territory proposed for a change of reorganization.
5. Adopt matching resolutions approving a property tax exchange agreement for
the affected territories (typically a 100 percent exchange for the detachment and
annexation of territories from one city to another), pursuant to Section 99 of the
Revenue and Taxation Code.
13-5
Recommended Procedural SteDs
(Approximately a four- to six-month process following submittal of the LAFeO application.)
1. Prior to submittal of LAFCO application, enter into a pre-annexation agreement
and master property tax exchange agreement with negotiated deal points for:
a. Property tax exchange
b. Sales tax sharing
c. Cost sharing
I. LAFCO and State Board of Equalization filing and processing fees
II. Map & legal description
iil. CEQA
2. Pre-application meeting with LAFCO to walk through process, procedures, and
timeline.
3. Submit LAFCO application as a joint application by both cities. Adopt matchina
resolutions of aDDlication requesting the initiation of LAFCO proceedings for a change
af reorganization and concurrent sphere of influence amendments.
(Submitting a joint application will indicate that the reorganization proposal is a
cooperative effort and will expedite LAFCO proceedings by waiving the 60-day
termination window for city detachments under Government Code Section 56751.)
a. Typical contents of LAFCO application
I. LAFCO processing fees
ii. Justification of proposal questionnaire
iii. Plan for services
iv. Property owner consent forms (see #4 below)
v. Map & legal description (metes and bounds) prepared by a licensed
land surveyor
vI. CEQA documents
viI. Matching resolutions approving a property tax exchange agreement
viiI. Prezoning
ix. General Plan amendments
x. Indemnification agreement signed by City Managers
4. Depending on the number of parcels and property owne'rs. involved, and depending
on whether the affected territory is inhabited (12 or more registered voters) or
uninhabited (less than 12 registered voters), contact property owners to seek
property owner consent to the proposed reorganization.
(If the territory is uninhabited and all property owners have consented to the
proposed reorganization, LAFCO may waive property owner protest proceedings
entirely. If the territory is inhabited, then LAFCO may waive protest proceedings
entirely if written notice is provided and no written opposition is received from any
registered voters or property owners.)
5. Within 30 days of submittal of the application, LAFCO sends the applicants a status
letter notifying them that the application is either complete or incomplete. The
status letter will list all items that must be completed and submitted prior to issuance
of a Certificate of Filing.
13-6
6. Approximately 30 days after submittal of the application, and after submittal of a
map & legal description, LAFCO begins the property tax exchange negotiation
process set forth under Section 99 of the Revenue and Taxation Code.
a. LAFCO issues notice of the proposal to the County Assessor.
b. The Assessor determines which Tax Rate Areas (TRAs) are involved in the
proposal and calculates the total assessed valuation (AV) of the affected
territory.
c. The Assessor issues a report with the TRAs and AV for the proposal to the
County Auditor.
d. The Auditor determines the total ad valorem property tax revenues that are
subject to negotiation as part of the proposal.
e. The Auditor issues a report to the affected agencies (e.g., city, county)
identifying the total dollars that are subject to negotiation and notifying the
agencies that they have 60 days from the date they receive the report to
reach agreement on the transfer of property tax revenues among the affected
agencies.
7. Upon determination by the LAFCO Executive Officer that the application is complete,
the Executive Officer issues a Certificate of Filing and sets a hearing date.
8. LAFCO notices and holds a public hearing on the proposal and takes one of the
following actions at the hearing:
a. Approves the application subject to terms and conditions
b. Approves the application with modifications and subject to terms and
conditions
c. Denies the application
9. If LAFCO approves the application, within 35 days of the hearing, LAFCO adopts the
resolution making determinations and approving the appiication and sends a
copy of the resolution to the applicants.
10. If LAFCO approves the application, within 30 days of the hearing, LAFCO notices and
sets a date for a protest hearing, unless waived pursuant to Government Code
Section 56663. From the date that the legal notice of the protest hearing is
published in a newspaper, registered voters and landowners within the affected
territory may file written protests with LAFCO until the close of the protest hearing.
LAFCO determines the window of time protests may be submitted (21 to 60 days) at
the time it approves the application.
11. LAFCO holds the protest hearing and makes a determination of the value of
written protests filed and not withdrawn. LAFCO may continue the hearing to a
future date to allow time to review protests. Upon the determination of the value of
written protests, LAFCO takes one of the following actions, depending on whether the
territory's inhabited or uninhabited:
a. Uninhabited
i. If a majority protest exists, terminate the reorganization. For
uninhabited territory, a majority protest exists if protests are filed by
landowners owning at least 50% of the assessed valuation.
ii. If a majority protest does not exist, order the reorganization.
13-7
b. Inhabited
i. If a majority protest exists, terminate the reorganization. For
inhabited territory, a majority protest exists if protests are filed by at
least 50% of the registered voters.
ii. Order an election if protests are filed by: (a) at least 25%, but less
than 50%, of the registered voters; or (b) at least 25% of the number
of landowners owning at least 25% of the assessed valuation.
iii. Order the reorganization if protests are filed by: (a) less than 25% of
the registered voters; or (b) less than 25% of the number of
landowners owning less than 25%of the assessed valuation.
9. If the reorganization is ordered, LAFCO records a Certificate of Completion
with the County Recorder's Office upon satisfaction of all terms and conditions in
the resolution ordering the reorganization.
10. Upon recordation, LAFCO sends documents and fees (paid by the applicants) to
the State Board of Equalization (SBE) for purposes of altering the SBE's TRAs
to reflect the reorganization of the cities' boundaries.
11. The effective date of the reorganization is set by the LAFCO resolution and
Certification of Completion. .
13-8
CITY COUNCIL AGENDA STATEMENT
Item No.: l;j
Meeting Date: 1/17/2006
SUBMITTED BY:
ACTION ITEM: PCA-05-02: Status report to the City Council on the
assignment to prepare permanent regulations to replace the urgency ordinance
prohibiting the permitting or approval of any new, modified or expanded
check cashier or check cashing business as defined in the urgency ordinance
to assure consistency with revitalization efforts in western Chula Vista.
Dire"" oiPl&millg & ""',ding f
City Manager f~ JJ R
4/Sthe Vote: Yes
No X
ITEM TITLE:
REVIEWED BY:
SUMMARY:
The City Council adopted Urgency Ordinance 3001-A on April 26, 2005, and extended the interim
regulations in Urgency Ordinance 3001-B on May 25, 2005, regarding fee-based check cashing,
deferred deposit and payday advance establishments. In so doing, they determined that the previous
zoning regulations were inadequate to address the effects ofthese uses on the community. Concerns
associated with these types of businesses include among other things the lack of minimum-security
standards and the displacement/discouragement of other desirable businesses- including community
serving retail, mixed-use, full-service financial institutions and the uses outlined in the Broadway
Corridor Strategy Plan and the direction of the Draft General Plan Update and Draft Urban Core
Specific Plan.
RECOMMENDATION:
That the City Council provide direction regarding the three points explained in the DISCUSSION
section. If amortization is desired, staff notes it may take additional time to prepare, distribute,
obtain, and evaluate RFP responses, thus another extension to the Urgency Ordinance may be
required prior to expiration of the current ordinance.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Backl!round
On April 26, 2005, the City Council adopted Urgency Ordinance 3001-A that would prohibit
permitting or approving any new or expanded fee-based check cashing and deferred deposit
businesses to enable staff to study the effects of these establishments and propose an appropriate
ordinance for a 45-dayperiod. On May 24th, the Council adopted Ordinance 3001-B, extending the
/4-1
Page 2, Item No.: (1-/
Meeting Date: 1/17/2006
period to 10 months and IS-days (see Attachment 1, Urgency Ordinances 3001-A & 3001-B). To
date, there is approximately 4 months remaining on the extension.
On October 12,2005, staff provided a report to the Planning Commission and requested direction on
a policy framework that would include determining zones where Check Cashing, Deferred Deposit
and Payday Advance Businesses could be allowed with a conditional use permit, establishing an
amortization program, and providing performance standards in the ordinance. A representative for
the industry testified at the hearing stating that his firm is working on a model ordinance with the
City of National City that would address the City of Chula Vista's issues. He requested that the
Commission delay efforts on a draft ordinance and allow 45 to 60 days for the industry to complete
the model ordinance.
The Commission indicated that a meeting between a Council member and industry representatives
was scheduled for October 18th to discuss the issues further. Following discussion, the Commission
voted to send a Commission representative and any other Commissioner who could attend to that
meeting, and to stay on course with preparing Chula Vista's Ordinance using Oakland as a model,
rather than National City, opposing any delay in moving forward with a draft ordinance. On
Octoberl8, 2005, a meeting was held between representatives from the City Council, Planning
Commission, Planning and Building staff, City Attorney, and industry representatives. The
following list oftopics was discussed:
The existing moratorium
An ordinance regulating establishments
Industry concerns
Neighborhood impacts/protection
Amortization
Saturation of establishments
Community/Council concerns
The industry
Zoning
Staff is preparing an ordinance using the model recently adopted by the City of Oakland, but based
on a different set of findings that are oriented to land use considerations rather than social equity
policy. The ordinance regulations will add a definition specific to check cashing and similar uses,
impose a conditional use permit requirement, add special criteria or performance standards for any
such activity and limit the areas along Broadway and within the Downtown area in which the uses
may be allowed to operate. Under the previous ordinance these uses were considered as banks and
other financial institutions and were allowed by right in a large number of zoning districts and a
preponderance of such establishments had concentrated along Broadway and in redevelopment
project areas.
Staff explored the potential for an amortization program that would phase out some ofthe existing
establishments, i.e. those that would not meet the performance standards set by the new ordinance.
Refer to page 3 of this report for a more thorough definition of amortization, a sparingly used zoning
power. Amortization provisions would require consulting services from a firm with experience in
analyzing and preparing the financial justification to support an amortization schedule that allows a
fair, reasonable and unchallengeable time frame for the business to recapture their investment prior to
being made to conform with the new ordinance.
/4 ~ :r
/;.f
Page 3, Item No.:
Meeting Date: 1/17/2006
Upon direction from the Planning Commission, staff requested bids from three qualified firms; only
one firm responded with a cost quote, which exceeds the administrative contract limits, thus Council
would need to approve a final contract for this service. Furthermore, it is worth noting that industry
representatives believe an amortization program would be an unnecessary undertaking because there
are indications that private market forces alone are diminishing the overabundance of such
establishments. The alternative policy direction is to adopt the ordinance with the normal
nonconforming use provisions that allow the current businesses to remain but not to expand or be
replaced after vacancy.
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the project qualifies for a Class 8
categorical exemption pursuant to Section 15308 ofthe State CEQA Guidelines. Furthermore, it can
be seen with certainty that there is no possibility that the activity in question may have a significant
effect on the environment. Therefore, no environmental review is required.
Several policy issues unique to the City ofChula Vista arose in staff's analysis of the application of
the regulations to the City Of Chula Vista situation regarding check cashing and similar
establishments. Staff requested further direction from the Planning Commission prior to finalizing a
draft ordinance, which includes a conditional use permit requirement provision, which would allow
additional conditions of approval to be added on a case by case basis as needed.
The policy questions that need to be addressed for the draft ordinance are:
I. In which zones should we continue to allow check cashing and similar establishments under
the more stringent regulations?
Staff would recommend that the subject uses should be precluded from locating in the
Thoroughfare Commercial (CT) zone, particularly along the Broadway corridor, and the
Neighborhood Commercial (CN) zone near residential and other sensitive areas, and only be
allowed in the remaining commercial zones subject to approval of a conditional use permit.
Zones that coincide with redevelopment project areas are often highly impacted from an
overabundance of adult-oriented businesses, liquor stores, bars and other land uses that tend
to congregate in low-to-moderate income neighborhoods. By precluding check cashing and
similar uses from the CT and CN zones, revitalization and reinvestment in these target areas
will be far more likely. The attached map shows the location of check cashing businesses in
the City.
2. Is the City willing to accelerate the elimination of nonconforming check cashing and similar
establishments through an amortization program?
The general nonconforming use provisions of the City's zoning ordinance allow
abandonment of a nonconforming use after a twelve-month period and preclude the reuse in
any manner other than conforming (Sec. 19.60.070).
Lj /7
/ ~.:,t,
-/.
Page 4, Item No.: /1
Meeting Date: 1/17/2006
Highly undesirable nonconforming uses represent conditions, which should be reduced to
conformity as quickly as compatible with justice. California cases have allowed zoning
legislation to validly provide for the eventual termination of nonconforming property uses.
The method for terminating a nonconforming use as quickly as possible is to provide an
amortization period in which the use is subject to loss of its legal status within a reasonable
time in consideration of the initial investment involved in establishing the business. Some of
the relevant factors considered in determining whether an amortization period is reasonable
in it's application to a particular property include amount of investment or original cost,
present actual or depreciated value, remaining useful life, the length and remaining term of
the lease, and harm to the public if the structure remains standing or use exists beyond the
prescribed amortization.
3. What performance standards or requirements should be included in the ordinance?
Staffbelieves the special criteria and performance standards listed below, which are included
in the City of Oakland ordinance, should apply to these conditionally permitted uses in Chula
Vista also:
. Minimum distance between activities
. Minimum distance to sensitive uses
. Additional performance standards regulating blight, security and
minimizing adverse impacts
Staff has had several meetings with industry representatives keeping them apprized of this process.
While they are in agreement with the notion of establishing regulations by ordinance, they are
opposed to an amortization program because they believe such a program is unnecessary and may
lead to litigation. They also indicated that the market for these establishments have peaked and may
now begin to slow down. Likewise, they are not in agreement with the types of social justice
findings that the City of Oakland used in their ordinance and they object to regulations on check
cashing and similar establishments that are a subsidiary to other primary uses, like grocery stores or
gas stations. The ordinance recommended by staff and the Commission is intended to be restricted
to check cashing and payday lenders and similar uses as primary establishments.
FISCAL IMPACT: None
/L/-t/
Page 5, Item No.:
Meeting Date: 1/17/2006
CONCLUSION:
City Council provide direction on preparing an ordinance to regulate Check Cashing, Deferred
Deposit, and Pay Day Advance establishments in the City, which would include location in
appropriate zones, development standards and amortization for these uses. Staff will come back at a
public hearing with a draft ordinance reflecting your direction.
Attachments
1. Urgency Ordinances 3001-A and 300l-B
2. Map of Check Cashing Businesses
/'-1---
. l
ORDINANCE NO. 3001-A
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA PROHIBITING THE PERMITTING
OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED
CHECK CASHING AND DEFERRED DEPOSIT USES
WHEREAS, the City of Chula Vista ("City") has, in recent years, experienced a
proliferation of businesses engaged primarily in the cashing of checks and/or deferring the
depositing of a customer's personal check until a specific date - both for a fee ("check
cashing/deferred deposit establishments"); and
WHEREAS, staff believes that the current land use policies regarding fee-based check
cashing/deferred deposit establishments are inadequate to address the effects of these uses on the
community; and
WHEREAS, cashing/deferred deposit establishments may decrease neighboring property
values; displace/discourage other desirable businesses, including full-service financial
institutions; and should be operated with adequate security; and
WHEREAS, the Planning Commission, on January 26, 2005, recommended that the City
Council adopt a temporary moratorium on fee-based check cashing and deferred deposit
businesses until the land use impacts caused by a proliferation of such establishments can be
more thoroughly studied; and
WHEREAS, the Planning Commission was particularly concerned with the potential
interference with revitalization efforts of the City and Redevelopment Agency in Western Chula
Vista; and
WHEREAS, staff requires enough time to conduct the required studies and develop
appropriate policy recommendations that address where, when, and under what conditions check
cashing/deferred deposit establishments would be compatible with surrounding land uses and
consistent with land use plans and policies, such as the General Plan, redevelopment area plans,
specific plans and the Broadway Revitalization Strategy; and
WHEREAS, individuals have recently expressed interest in establishing new or expanded
land uses involving fee-based check cashing or deferred deposits; and
WHEREAS, Government Code Section 65858, allows the City Council to adopt an
interim zoning ordinance as an urgency measure to protect the public safety, health, and welfare
without following the procedures otherwise required preliminary to the adoption of a zoning
ordinance, if passed by a four-fifths vote; and
WHEREAS, the interim ordinance shall be of no further force and effect forty-five days
from the date of adoption thereof; provided however, that after the required notice and public
hearing the City Council may, by a four-fifths vote, extend the interim ordinance for an
additional ten months and fifteen days (with the option of an additional one-year extension) or
twenty-two months and fifteen days (with no extension); and
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that
/-:'-
Ordinance 3001-A
Page 2
the project qualifies for a Class 8 categorical exemption (actions by regulatory agencies for
protection of the environment) pursuant to Section 15308 of the State CEQA Guidelines.
. Furthermore, it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain:
SECTION 1. Findings.
A. The City of Chula Vista has, in recent years, experienced a proliferation of check
cashing and deferred deposit businesses.
B. The City Council believes that the current land use policies regarding fee-based
check cashing and deferred deposit establishments are inadequate to address the effects of these
uses on the community.
C. Unchecked proliferation of check cashing or deferred deposit uses may displace
existing full-service financial institutions in generally lower income commercial areas. These
fmancial institutions may close or choose not to open where the market share is significantly
eroded. In addition, new full-service financial institutions and other desired commercial
development must compete with check cashing/deferred deposit establishments for the limited
commercial space in each district. Unchecked, this may result in a reduction or displacement of
needed goods and services.
D. Some check cashing and deferred deposit businesses lack adequate security
measures, especially when compared to banks. Security personnel (if present) are often not
certified. Surveillance cameras may be sub-par or non-existent. Exterior lighting and other
measures are not in place to protect patrons - even though they operate with extended hours.
Combined, these factors may facilitate the commission of crimes at a greater rate than at banks,
thereby necessitating a different set ofland use controls.
SECTION 2. Findings of Urgency.
The immediate adoption of this ordinance is necessary to protect the public safety, health,
and welfare in order to prevent the frustration of studies on these matters and the adoption of
adequate land use policies. The absence of this ordinance would perpetuate the negative impacts
caused by unregulated fee-based check cashing/deferred deposit uses and create a serious threat
to the orderly and effective implementation of any land use policies that would be adopted as a
result of the necessary studies.
SECTION 3. Prohibition of New Check Cashing or Deferred Deposit Uses.
A. The establishment or expansion of a fee-based checking cashing or deferred
deposit business/use shall be prohibited. No application, building permit, certificate of
occupancy, or entitlement for the establishment or expansion of check cashing or deferred
deposit business/use shall be accepted, processed, or approved while this ordinance is in effect.
B. "Check cashers" are entities in the business of cashing checks, warrants, drafts,
money orders, or other commercial paper. "Check cashers" are not state or federally chartered
banks, savings associations, credit unions, or industrial loan companies. They also do not
include retailers that cash checks or issue money orders (for a fee ofless than two dollars) as an
incidental service to its customers.
/,. /j
'-r'"
Ordinance 3001-A
Page 3
C. "Deferred deposit businesses" are those businesses that defer depositing a
customer's personal check until a specific date, pursuant to a written agreement.
SECTION 4. Effective Date.
This interim zoning ordinance is adopted under the provisions of Government Code
Section 65858 and shall take effect and be in full force immediately upon its passage by a
four-fifths vote of the City Council.
SECTION 5. Expiration Date.
This interim ordinance shall be of no further force and effect forty-five (45) days from
the date of adoption.
Presented by
Approved as to form by
J
/J
s D. Sandoval
. g and Building Director
\I\~
AriIi Moore
City Attorney
/ /
/7"~
Ordinance 3001-A
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of April, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
McCann
~
Stephen C. Padilla, Mayor
ATTEST:
-==--1.Lu..1 . &~'~ d ~
Susan Bigelow, MMC, City erk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
!, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3001-A was passed as an urgency measure on the 26th day of April, 2005.
Executed this 26th day of April, 2005.
~..LI. tL.. I -==?~
Susan Bigelow, MMC, City C rk
A
/ :..; ..)
ORDINANCE NO. 3001-B
URGENCY ORDINANCE OF THE CITY OF CHULA VISTA
EXTENDING FOR TEN MONTHS AND FIFTEEN DAYS
URGENCY INTERIM ORDINANCE NO. 3001-A,
PROHIBITING THE PERMITTING OR AFPROV AL OF ANY
NEW OR EXPANDED FEE-BASED CHECK CASHING AND
DEFERRED DEPOSIT USES
WHEREAS, the City of Chula Vista (City) has, in recent years, experienced a
proliferation of businesses engaged primarily in the cashing of checks and/or deferring the
depositing a of customer's personal check until a specific date - both for a fee (check
cashing/deferred deposit establishments); and
WHEREAS, staff believes that the current land use policies regarding fee-based check
cashing/deferred deposit establishments are inadequate to address the effects of these uses on the
community; and
WHEREAS, cashing/deferred deposit establishments may decrease neighboring property
values; displace/discourage other desirable businesses - including full-service financial
institutions; and should be operated with adequate security; and
WHEREAS, the Planning Commission, on January 26, 2005, recommended that the City
Council adopt a temporary moratorium on fee-based check cashing and deferred deposit
businesses until the land use impacts caused by a proliferation of such establishments can be
more thoroughly studied; and
WHEREAS, the Planning Commission was particularly concerned with the potential
interference with revitalization efforts of the City and Redevelopment Agency in Western Chula
Vista; and
WHEREAS, staff requires enough time to conduct the required studies and develop
appropriate policy recommendations that address where, when, and under what conditions check
cashing/deferred deposit establishments would be compatible with surrounding land uses and
consistent with land use plans and policies, such as the General Plan, redevelopment area plans,
specific plans and the Broadway Revitalization Strategy; and
WHEREAS, individuals have recently expressed interest in establishing new or expanded
land uses involving fee-based check cashing or deferred deposits; and
WHEREAS, Govemment Code Section 65858 allows the City Council to adopt an
interim zoning ordinance as an urgency measure to protect the public safety, health, and welfare
without following the procedures otherwise required preliminary to the adoption of a zoning
ordinance, if passed by a four-fifths vote; and
/4--
Ordinance No. 3001-8
Page 2
WHEREAS, on April 26, 2005, the City Council adopted Urgency Ordinance No. 3001-
A prohibiting the permitting or approval of any new or expanded fee-based check cashing and
deferred deposit uses for forty-five days; and
WHEREAS, if the City needs additional time to conduct the required studies and develop
appropriate policy recommendations to alleviate the condition which led to the adoption of the
original Urgency Ordinance, Government Code Section 65858 allows the City Council to extend
said Ordinance for an additional ten (10) months and fifteen (15) days to protect the public
health, safety, and welfare, if passed by a four-fifths vote; and
WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act and has determined that
the project qualifies for a Class 8 categorical exemption (actions by regulatory agencies for
protection of the environment) pursuant to Section 15308 of the State CEQA Guidelines.
Furthermore, it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby ordain:
SECTION 1. Findings.
A. The City of Chula Vista has, in recent years, experienced a proliferation of check cashing
and deferred deposit businesses.
B. The City Council believes that the current land use policies regarding fee-based check
cashing and deferred deposit establishments are inadequate to address the effects of these
uses on the community.
C. Unchecked proliferation of check cashing or deferred deposit uses may displace existing
full-service fmancial institutions in generally lower income commercial areas. These
fmancial institutions may close or choose not to open where the market share is
significantly eroded. In addition, new full-service fmancial institutions and other desired
commercial development must compete with check cashing/deferred deposit
establishments for the limited commercial space in each district. Unchecked, this may
result in a reduction or displacement of needed goods and services.
D. Some Check cashing and deferred deposit businesses lack adequate security measures,
especially when compared to banks. Security personnel (if present) are often not
certified. Surveillance cameras may be sub-par or non-existent. Exterior lighting and
other measures are not in place to protect patrons - even though they operate with
extended hours. Combined, these factors may facilitate the commission of crimes at a
greater rate than at banks, thereby necessitating a different set ofland use controls.
/
/~
.
. .
i'
,
Ordinance No. 3001-B
Page 3
E. Additional time is needed in order to complete the studies and prepare the
recommendation on check cashing and deferred deposit uses, which were contemplated
in the original Urgency Ordinance.
F. The City Council will not have the ability to make an informed decision regarding the
approval or permitting of check cashing or deferred deposit businesses until staff has
completed the necessary studies.
SECTION 2. Findings of Urgency
The immediate adoption of this ordinance is necessary to protect the public safety, health, and
welfare in order to prevent the frustration of studies on these matters and the adoption of
adequate land use policies. The absence of this ordinance would perpetuate the negative impacts
caused by unregulated fee-based check cashing/deferred deposit uses and create a serious threat
to the orderly and effective implementation of any land use policies that would be adopted as a
result of the necessary studies.
SECTION 3. Prohibition of New Check Cashing or Deferred Deposit Uses.
A. The establishment or expansion of a fee-based checking cashing or deferred deposit
business/use shall be prohibited. No application, building permit, certificate of
occupancy' or entitlement for the establishment or expansion of check cashing or
deferred d~osit business/use shall be accepted, processed, or approved while this
Ordinance is m "ffect.
B. "Check cashers" are entities in the business of cashing checks, warrants, drafts, money
orders, or other commercial paper. "Check cashers" are not state or federally chartered
banks, savings associations, credit unions, or industria1loan companies. They also do not
include retailers that cash checks or issue money orders (for a fee ofless than two dollars)
as an incidental service to its customers.
C. "Deferred deposit businesses" are those businesses that defer depositing a customer's
personal check until a specific date, pursuant to a written agreement.
SECTION 4. Effective Date.
This urgency ordinance is adopted under the provisions of Government Code Section 65858 and
shall take effect and be in full force immediately upon its passage by a four-fifths vote of the
City Council.
SECTION 5. Expiration Date.
This urgency ordinance shall extend the effective date of Urgency Ordinance No. 3001-A,
adopted on April 26, 2005, for a period often (10) months and fifteen (I5) days and thereafter
shall be of no further force and effect.
/ .:-j.
, "
Ordinance No. j001-B
Page 4
Presented by
Approved as to form by
~). -(\A
- ~
Ann oore
City Attorney
/ 1';' ./--:?
'-t -- i .-I
<;L
Ordinance No. 3001-8
Pagc 5
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 24 day of May, 2005. by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ATTEST:
Alk)eS2JL
, Stephen C. {ladilla, Mayor
~ olu..~.;3.~ ~ ~
Susan Bigelow, MMC, City CI k
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3001-B was passed as an urgency measure on the 24th day of May, 2005.
Executed this 24 day of May, 2005.
::: ~~ /3..~~
Susan Bigelow, MMC, City Cle
-" i. /
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1 CashAdvanCll
2 Check Cashiers Of So. Cal
3 Payadvance
4 Check Advance
5 AceCheckCash
6 Sun Cash
7 Check-N-AdvancB
8 Cash Advance America
20 Third Avenue
201 Broadway
459 Broadway
481 Broadway
64S'H"Slreel
730 "H"Streel
745 Third Avenue
792 Broadway
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9 Check.CashE:lc. 860 Thirc! Avenue
10 CVPaytlay 985 Broadway
11 Advance Till Payday 1010 Broadway
12 Check Depot 1111 Broadway
13 Check Zone 1177 Broadway
14 Check Cashing Place 1337ThirdAvenull
15 Advance America 1456 Melrose Avenue
16 CheckCenler 1090 ThiraAvenu!I
~BObarLiqUOr 600 "F"Straat
B T&TLiquor 670 Broadway
C Oasis SO,. Insurance 1295 8ro., adway
D EagleL,quor 1294 Th,rd Avenue
E OrangeL,quor 1447 Th,rd Avanua
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City of Chula Vista
Check Cashing Businesses
ADVANCE PLANNING DIVISION
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1"'"""'1 "-----'
7
CITY COUNCIL
AGENDA STATEMENT
ITEM NO.:
MEETING DATE:
1'7
1/1 7106
ITEM TITLE: RESOLUTION MAKING A REFERAL TO THE CHARTER REVIEW
COMMISSION TO CONSIDER ALTERNATIVES TO THE EXISTING CHARTER
PROVISIONS GOVERNING THE PROCESS TO FILL UNEXPECTED COUNCIL
VACANCIES ,\
SUBMITTED BY: CITY CLERK ~
CITY ATTORNEY~ l"'>
REVIEWED BY: CITY ATTORNEY '^' -(\'"'>
4/5THS VOTE: YES D NO 0
BACKGROUND
With the unanticipated resignation af Councilmember Patty Davis in mid-December 2005 the
Council was placed in the position of attempting to fill that vacancy. During that process it
became apparent that the existing Charier provisions may not address all of the concerns of the
Council and community.
At the December 16, 2005 Council meeting, a referral was made to the Charier Review
Commission requesting the Commission review the Council's authority with respect to Council
appointments. Specifically, the Commission would look at alternatives to the existing procedures
within Charier Section 300 including:
1. When a vacancy should be filled by election or appointment; and
2. The ability of the Council to place limitations upon an appointee's future actions
(i.e. not seeking election at the expiration of the appointed term); and
3. Procedures for the application and interviewing when an appointment is to be
made.
At the January 10, 2006 meeting similar issues were raised by the Mayor and Council. At that
time, it was indicated the Charier Review Commission should starl work with the City Attorney on
specific proposals for the Council to consider for the June 2006 election, rather than the
November 2006 ballot. Additionally, it was requested this item be agendized tonight to give the
Council the opporlunity to discuss the referral to the Attorney and Charier Review Commission.
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PAGE 2, ITEM NO.:
MEETING DATE:
/5
1/17/06
RECOMMENDATIONS
Staff recommends that the City Council adopt the resolution referring the issue to the Charter
Review Commission and City Attorney to return to the Council with specific proposals to amend
Charter Section 300 regarding the process to fill Council vacancies.
DISCUSSION
As discussed above, the Council has recently been required to fill a vacancy created by the
unanticipated resignation of Council member Davis. As a result of that process it has come to the
attention of the Council that there ore a number of issues surrounding filling Council vacancies.
In particular, currently the Charter does not identify a process to fill Council vacancies, nor is
there any Council policy in place. Consequently, past Council appointment processes have
varied. This item is intended to allow the Council the opportunity to discuss, if necessary, any
issues and make the formal referral to the Charter Review Commission.
Council has previously indicated they would like any proposed changes available for the June
2006 election. Attached, as Exhibit 1, is the schedule of necessary actions required to place an
item on the June ballot. As you can see, based upon the statutory requirements, it may be difficult
for the Charter Review Commissian to meet, discuss, and prepare language for the Council to
consider in this time frame.
Attached, as Exhibit 2, is the time schedule that would be applicable to a ballot measure for the
November election.
FISCAL IMPACT
No fiscal impact is anticipated. Normal staff time and costs for the processing of the proposed
modifications are incorporated within existing budgets.
EXHIBITS
1. June 2006 Ballot Schedule
2. November 2006 Ballot Schedule
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CllY OF
CHULA VISTA
MEMORANDUM
OFFICE OF THE CITY CLERK
BALLOT MEASURES
CALENDAR FOR JUNE 6, 2006 ELECTION - EXHIBIT 1:
February 8-22
February 28
March 8
March 10
March 20
March 16-22
March 23
March 24- 31
April 3 - 12
City Attorney prepares ballot title and summary and prepares agenda report
and resolutions for 2/28 Council meeting (report due 2/22).
City Council adopts resolutions calling the election, requesting services of the
Registrar, ordering a measure to be submitted to the voters, approving the
ballot title and summary, authorizing, if desired, member( s) ofthe Council to
prepare and file an argument to be printed in the sample ballot.
City Clerk prepares notice of election and notice of deadlines for filing
arguments in favor of or against the measure.
City Clerk publishes above notice. City Clerk delivers to the Registrar the
Council adopted and executed resolution requesting Registrar services.
City Attorney deadline to file an impartial analysis with the City Clerk.
City Clerk accepts arguments in favor of or against the measure.
City Clerk selects an argument in favor of and against the measure and sends
to the opposing group for preparation of rebuttals.
City Clerk accepts rebuttals.
Ten-day "public review period" of ballot measure arguments, rebuttals and
other materials before printing in the sample ballot.
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CALENDAR FOR NOVEMBER 7, 2006 ELECTION - EXHIBIT 2:
July 12-26
City Attorney prepares ballot title and summary and prepares agenda report
and resolutions for 8/1 Council meeting (report due 7/26).
August I
City Council adopts resolutions calling the election, requesting services of the
Registrar, ordering a measure to be submitted to the voters, approving the
ballot title and summary, authorizing, if desired, member(s) of the Council to
prepare and file an argument to be printed in the sample ballot.
August 9
City Clerk prepares notice of election and notice of deadlines for filing
arguments in favor of or against the measure.
August II
City Clerk publishes above notice. City Clerk delivers to the Registrar the
Council adopted and executed resolution requesting Registrar services.
August 21
City Attorney deadline to file an impartial analysis with the City Clerk.
August 17-23
City Clerk accepts arguments in favor of or against the measure.
August 24
City Clerk selects an argument in favor of and against the measure and sends
to the opposing group for preparation of rebuttals.
August 24-
September 1
City Clerk accepts rebuttals.
September 4-13
Ten-day "public review period" of ballot measure arguments, rebuttals and
other materials before printing in the sample ballot.
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RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
MAKING A REFERRAL TO THE CHARTER REVIEW COMMISSION TO
CONSIDER ALTERNATNES TO THE EXISTING CHARTER PROVISIONS
GOVERNING THE PROCESS TO FILL UNEXPECTED COUNCIL VACANCIES
WHEREAS, Council has recently been required to fill a vacancy created by the
unanticipated resignation of Councilmember Davis. As a result of that process it has
come to the attention of the Council that there are a number of issues surrounding filling
Council vacancies. In particular, currently the Charter does not identify a process to fill
Council vacancies, nor is there any Council policy in place; and
WHEREAS, at the December 16, 2005 Council meeting, a referral was made to
the Charter Review Commission requesting the Commission review the Council's
authority with respect to Council appointments. Specifically, the Commission would look
at alternatives to the existing procedures within Charter Section 300; and
WHEREAS, at the January 10, 2006 meeting similar issues were raised by the
Mayor and Council. At that time, it was indicated the Charter Review Commission
should start work with the City Attorney on specific proposals for the Council to
consider; and
WHEREAS, it was requested this item be agendized tonight to give the Council
the opportunity to discuss the referral to the Attorney and Charter Review Coinmission.
THEREFORE BE IT RESOLVED that the City Council adopt the resolution
referring the issue to the Charter Review Commission and City Attorney to return to the
Council with specific proposals to amend Charter Section 300 regarding the process to
fill Council vacancies.
Presented by
Approved as to form by
Susan Bigelow
City Clerk
J:attomey/Reso/Policy/council vacancies - charter review commission
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Referral
I. Position Paper
a. Was there another step? If so, what was it?
2. Montgomery Planning Committee
a. Who were the members of this committee?
b. How long was it formed?
e. What findings or goals were met by this committee?
3. Page 5 States:
" . . . Montgomery Planning Committee will work to establish a multi-year phased
capital improvement program. .. Total cost to exceed $12 Million. . . using
Gas Tax Funds, Community Development Block Grant funds, general funds, and
other sources to finance the capital improvements. . . city intends to spend three
to live times as much as the county.
a. Analysis is to determine if the city has in fact spent 3 to 5 times what the
County was spending on street and drainage improvements in the
Montgomery community over the last 20 years. Escalated dollars should
be used for the analysis (l believe the Bureau of Labor and Statistics has it
over 22 million).
b. Analysis in a report form and part of the Feb. 28th agenda.