HomeMy WebLinkAbout2006/12/05 Agenda Packet
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uirements. ellY OF
~'I'("SignedqVI.LL L~CHUlA VISfA
Step,hen C. Padilla, Mayor
Patricia E. Chavez, Councilr~ember Jim Thomson, Interim City Manager
John McCann, Councilmember Ann Moore, City Attorney
Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk
Steve Castaneda, Councilmelllber
December 5, 2006
4:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG LED BY BL YSS, JOHNNY AND GRANT
MCCANN; RAQUEL RAMIREZ; AND JACOB, MADELIN AND PAUL CHAVEZ
NATIONAL ANTHEM PERFORMED BY JAMES PINKNEY
INVOCATION BY THE REVEREND DR. RICHARD FREEMAN
SPECIAL ORDERS OF THE DAY
1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RECITING THE FACTS OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID
CITY ON NOVEMBER 7,2006 AND DECLARING THE RESULTS THEREOF AND
SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
The Registrar of Voters has transmitted the certified results of the Special Municipal
Election held on November 7, 2006. Elections Code Section 15372 requires the City
Clerk, as the elections official, to transmit the certified results to the Council. Elections
Code Section 15400 requires the Council to declare the results of the election. The
proposed resolution contains the official results as reported by the Registrar of Voters.
(City Clerk)
Staffrecommendation: Council adopt the resolution.
COMMENTS BY DEPARTING ELECTED OFFICIALS:
* COMMENTS BY OUTGOING MAYOR STEPHEN C. PADILLA
* COMMENTS BY OUTGOING COUNCILMEMBER PATTY CHAVEZ
OATHS OF OFFICE FOR RE-ELECTED AND NEWLY ELECTED OFFICIALS:
* OATH OF OFFICE FOR RECENTLY RE-ELECTED COUNCILMEMBER JOHN
MCCANN TO BE ADMINISTERED BY MYSSIE MCCANN
* COMMENTS BY COUNCILMEMBER JOHN MCCANN
* OATH OF OFFICE FOR NEWLY ELECTED COUNCILMEMBER RUDY RAMIREZ
TO BE ADMINISTERED BY RODOLFO AND VIRGINIA RAMIREZ
* COMMENTS BY COUNCILMEMBER RUDY RAMIREZ
*OATH OF OFFICE FOR NEWLY ELECTED MAYOR CHERYL COX TO BE
ADMINISTERED BY THE HONORABLE GREGORY R. COX
* COMMENTS BY MAYOR CHERYL COX
RECESS FOR RECEPTION AND THENCE TO A CLOSED SESSION OF THE NEWLY
CONSTITUTED COUNCIL
5:45 P.M.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).
2. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE PURSUANT TO
GOVERNMENT CODE SECTION 54957
6:00 P.M. RECONVENE AND CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox
Page 2 - Council Agenda
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December 5, 2006
CONSENT CALENDAR
(Items 3 through 11)
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.
3. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A REZONE (PCZ-06-
04) FROM S90 ZONE TO CENTRAL COMMERCIAL PRECISE PLAN (CC-P) ZONE
AND ESTABLISHING A PRECISE PLAN MODIFYING STANDARD FOR A 3.6
ACRE PORTION OF A 5.5 ACRE SITE LOCATED AT 912-944 THIRD AVENUE
(SECOND READING)
Adoption of the ordinance approves a rezone and establishes a precise plan, modifying
standard for 3.6 acres of a 5.5-acre site located at 912-944 Third Avenue. This ordinance
was introduced on November 16, 2006. (Acting Community Development Director)
Staff recommendation: Council adopt the ordinance.
4. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE TITLE 6 "ANIMALS" TO ADD CHAPTER 6.30 ENTITLED
ANIMAL SALES, AND SECTIONS 6.30.010 (SECOND READING)
Adoption of the ordinance makes it a misdemeanor to give away, offer for sale, or
transfer any animal, bird, or reptile on public property or private property open to the
public. This ordinance was introduced on November 21, 2006. (General Services
Director)
Staff recommendation: Council adopt the ordinance.
5. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF
UNCLASSIFIED POSITIONS TO ADD THE POSITIONS OF CALIFORNIA
BORDER ALLIANCE GROUP (CBAG) - DIRECTOR OF SAN DIEGO LAW
ENFORCEMENT COORDINATION CENTER (SD LECC), CBAG
ADMINISTRATIVE ANALYST 1 AND CBAG ADMINISTRATIVE ANALYST II
(SECOND READING)
Adoption of this ordinance adds the positions of CBAG - Director of San Diego Law
Enforcement Coordination Center (SD LECC), and CBAG Administrative Analyst I and
II. All positions are fully funded through the southwest high intensity drug trafficking
area, with an additional 3% administrative fee paid to the City for the payroll and benefits
administration. This ordinance was introduced on November 21, 2006. (Police Chief)
Staff recommendation: Council adopt the ordinance.
Page 3 - Council Agenda
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December 5, 2006
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR
EDUCATIONAL AND TRAINING SERVICES WITH SOUTHWESTERN
COMMUNITY COLLEGE DISTRICT, AND APPROPRIATING FUNDS TO THE
FIRE DEPARTMENT PERSONNEL SERVICES BUDGET IN THE AMOUNT OF
$15,000 BASED ON UNANTICIPATED REVENUE (4/5THS VOTE REQUIRED)
The City of Chula Vista has negotiated an agreement with the Southwestern Community
College District for educational and training services in an effort to continue to meet the
training requirements of the City of Chula Vista Fire Department. (Fire Chief)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING VARIOUS DONATIONS IN THE AMOUNT OF $4,767 TO THE
ANIMAL CARE FACILITY AND APPROPRIATING SAID DONATED FUNDS
(4/5THS VOTE REQUIRED)
The Animal Care Facility (ACF) has received donations totalling $4,767 from various
donors from July through October 2006. Adoption of the resolution will allow the
donations to be used to purchase medical and laboratory supplies as needed to provide
veterinary care. (General Services Director)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR
2007
The Internal Revenue Code requires that employers offering cafeteria plans under Section
125 have a written plan document, and that the employer adopt the plan document
annually. Adoption of the resolution fulfills this requirement. (Human Resources
Director)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO
TRANSFER APPROPRIATIONS BUDGETED FOR THE FISCAL YEAR 2005
STATE HOMELAND SECURITY GRANT PROGRAM TO THE PROPER
EXPENDITURE CATEGORIES IN ORDER TO MAKE REQUIRED PURCHASES
AND FULFILL GRANT REQUIREMENTS (4/5THS VOTE REQUIRED)
Adoption of the resolution transfers budgeted appropriations from the personnel services
category to the supplies and services and equipment expenditure categories within the
Information Technology Services Department budget. The transfers are required in order
to make necessary purchases and fulfill grant requirements. (Information Technology
Services Director)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Agenda
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December 5, 2006
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA; TERRY A. HAYES ASSOCIATES, LLC., CONSULTANT; AND CV-42
INVESTMENTS, LLC., APPLICANT, RELATED TO PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT FOR THE RIVERWALK SECTIONAL
PLANNING AREA (SPA) PLAN AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
The applicant, CV-42 Investments, LLC., has filed an application for the Riverwalk
project. The Environmental Review Coordinator has determined that the proposed
project requires the preparation of an Environmental Impact Report (EIR). Adoption of
the resolution approves an applicant-funded consultant contract with Terry A. Hayes
Associates, LLC. for an amount not to exceed $182,615 for the Riverwalk EIR.
(Planning and Building Director)
Staff recommendation: Council adopt the resolution.
II. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING PROPOSALS, AWARDING THE FOOD PREPARATION AND
DELIVERY SERVICES AGREEMENT TO PEARTREES CATERING
INCORPORATED AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
The Police and Purchasing Departments have completed an evaluation of proposals
received for food preparation and delivery services (RFP 1-06/07-R) for the Police
Department's holding facility. Adoption of the resolution accepts proposals, awards the
agreement to Peartrees Catering Incorporated, and authorizes the Mayor to execute the
agreement. (Police 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.
Page 5 - Council Agenda
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December 5, 2006
ACTION ITEMS
The Item listed in this section of the agenda will be considered individually by the
Council and is 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.
12. CONSIDERATION OF PROPOSALS RELATED TO STAFFING IN THE
DEPARTMENT OF MAYOR AND COUNCIL AND OF AMENDMENTS TO THE
MUNICIPAL CODE RELATED TO THE APPOINTING AUTHORITY FOR
POSITIONS ESTABLISHED IN THE DEPARTMENT OF MAYOR AND COUNCIL
The proposed Council actions involve staffing issues in the Department of Mayor and
Council. Items A through C relate to a proposal by Mayor-elect Cox to redesign positions
by designating these positions as Legislative Assistants I, II, and III, to serve at the will of
the Mayor. The proposed positions would have broader job specifications than the current
positions in order to allow greater flexibility in staffing the Department to better meet the
needs of the City. The proposal involves the elimination of three positions currently
authorized in the Department's budget. The redesigned positions would be funded through
cost savings from the eliminated positions; no additional appropriations would be
required. Item D is an ordinance to clarify that the Mayor is the appointing authority for
positions established in the Department of Mayor and Council unless otherwise provided
by City Charter or designated by the Council. Item D further provides that the appointing
authority for the Council Assistants and Senior Council Assistants would be delegated to
the individual Councilmembers served by them. (City Attorney/Mayor-elect)
Recommendation: Mayor-elect Cox recommends Council place the ordinances in Items
A and B on first reading and adopt the resolution contained in Item C; and the City
Attorney recommends that the Council place the ordinance in Item D on first reading.
A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL
CODE SECTION 2.05.010 TO ADD THE POSITIONS OF LEGISLATIVE
ASSISTANT I, LEGISLATIVE ASSISTANT II, AND LEGISLATIVE
ASSISTANT III IN THE DEPARTMENT OF MAYOR AND COUNCIL AND
THE ALREADY ESTABLISHED POSITION OF COUNCIL ASSISTANT TO
THE LIST OF APPROVED UNCLASSIFIED POSITIONS IN THE CITY
(4/5THS VOTE REQUIRED - FIRST READING)
B. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING ORDINANCE
NUMBER 3042 DESIGNATING THE APPOINTING AUTHORITY FOR THE
POSITION OF INTERGOVERNMENTAL AFFAIRS COORDINATOR AS
THE MAYOR AND COUNCIL COLLECTIVELY (FIRST READING)
Page 6 - Council Agenda
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December 5, 2006
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
(1) ELIMINATING THE POSITIONS OF INTERGOVERNMENTAL AFFAIRS
COORDINATOR, CONSTITUENT SERVICES MANAGER, AND
COASTAL/ENVIRONMENTAL POLICY CONSULTANT FROM THE
AUTHORIZED POSITIONS IN THE DEPARTMENT OF MAYOR AND
COUNCIL'S FISCAL YEAR 2007 BUDGET; (2) AUTHORIZING ONE
LEGISLATIVE ASSISTANT III POSITION AND TWO LEGISLATIVE
ASSISTANT II POSITIONS WITHIN THE DEPARTMENT OF MAYOR AND
COUNCIL'S EXISTING FISCAL YEAR 2007 BUDGET; AND (3)
ESTABLISHING THE COMPENSATION FOR THE LEGISLATIVE
ASSISTANT I, II, AND III POSITIONS
D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL
CODE SECTION 2.03.020 TO DESIGNATE THE APPOINTING AUTHORITY
FOR COUNCIL ASSISTANTS, SENIOR COUNCIL ASSISTANTS AND
OTHER POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL
(FIRST READING)
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
14. MAYOR'S REPORTS
15. COUNCIL COMMENTS
ADJOURNMENT to the Regular Meeting on December 12,2006 at 6:00 p.m. in the Council
Chambers.
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.
Page 7 - Council Agenda
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December 5, 2006
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You might recall that earlier this evening, I pledged to our City Council my every
effort to work as part of a team whose individual and collective goal was to
provide the public with our best effort, every day and all the time. Just yesterday, I
spoke with a gentleman who reminded me that Chula Vista is "right-sized" to be
well-managed, just big enough geographically, and with room to increase in
population and the ability to provide high quality services for our residents.
The Action Plan I will outline this evening is shared with my colleagues on this
City Council and with the public, for I believe that it is by working together that
we will achieve our community's wants and needs. Let me get right to the issues:
1. I plan to ask our City Council to support an Independent Financial Review
of the City's finances. We must first put our City's fmancial house in order
if we are to accomplish the many projects that lie ahead and achieve our
goals for our community. In order to make this request, it will be necessary
to collect many of the questions that must be asked in order to frame the
scope of this Review. The goal is to have in our sights the hurdles before we
stumble over them, the gaps in paying for known costs in the immediate
future, and an alignment between revenues and expenditures. We need an
honest forecast of revenues and expenditures, a prioritization of city services
to make sure that funding is adequate to provide for our community's core
needs, and that retirement security is both affordable, achievable, and can be
maintained.
2. I would like to extend my gratitude to Interim City Manager Jim Thompson
before saying that hiring a permanent City Manager is our next priority. The
search firm of Bob Murray & Associates has extended its search through this
evening and plans to complete paper screening in order to provide the
Council with more information about potential applicants on December 19.
I hope that the Council will conduct interviews in early to mid-January.
3.
I have asked that staff provide a Report Calendar to the City Council to
make the Council formally apprised of the work in which staffis engaged
and when to anticipate updates and reports.
4.
"Development" and "Redevelopment" are often emotion-laden terms. I'd
like to talk first about "development." The number of new homes
constructed in Chula Vista was approximately 1,600 units last year. This is
a 50% decline from 3,200 units in 2004. While the City's May 2006
forecast indicates that 2,600 units will be built in 2007, only 730 units were
permitted during the first six months of this year. Chula Vista could be in a
situation in which perhaps the only thing worse than too much growth is too
little growth. We must choose to do the hard work and ask the hard
questions, for only then will we be able best to focus our collective energies
and skill.
City revenues partially depend upon increasing home values and home sales,
which drive up property tax revenues. If property values and sales decline,
the ability to payoff substantial City-issued bonds can be at risk. We must
be prepared for contingencies. Preparedness must be an explicit part of
public disclosure. In short, our City Council must review the City's financial
contingency plans, based upon levels of new homes and commercial/
industrial activities, if we are to think strategically in terms of contingency
for the proverbial rainy day, and to know how the cycle of growth and
bonding ends. This means asking that each department's operating budget
be scrutinized in order to create additional capital improvement dollars for
needed infrastructure, such as improving the condition of streets and roads
throughout the City.
5. Redevelopment, when properly accomplished, enjoys increased citizen
participation in decision-making, a commitment to downtown revitalization,
and an emphasis on improving the quality of life. It allows, and encourages
people to seek a sense of community, of belonging, and of history.
Redevelopment is not "sameness." Ifit is not suburban malls or urban
entertainment centers, we might ask what it is that makes it real? What is it
that means "community character?" I don't have the only answers to these
questions, and it is certain that my answers might not be someone else's
answers. What I do know is that the discussion of redevelopment in our City
has, at the very least, been testy. What should have been a zoning guide has
become a tug of war.
I propose a short breathing period in which our City Council seeks to
involve a person or persons with no certain stake, investment, or future
intent of investment in our historic downtown, in looking at our City's
Urban Core Specific Plan from the viewpoint of marketability. Armed with
market facts, perhaps then we (elected officials, staff, residents, and
businesspersons) can ask the questions that will lead us to work together to
,
overcome our problems and to achieve mutually agreeable goals of making
Chula Vista better, greater, and more attractive for residents and visitors.
6. I have given some thought to hosting five or six non-political, wholly
informative, "lectures," for want of a better term, to help us all understand
the complex terminology and factors related to how California cities finance
themselves. Guest speakers would discuss a topic specific to municipal
finance, one that could be "played" in any California incorporated city-
addressing, for example, "tax increment financing," "development impact
fees," and "community maintenance agreements." If this outreach is
successful, then staff, elected officials, businesspeople, and residents will
have a common, and better understanding of the rramework for open and
honest discussions that are part of people working together on their City's
future.
7. The opening ofB Street to San Diego Bay is a must if we are to provide our
residents with visual and physical access to the Bayrront. We are well-
positioned to enter into the next level of formal discussions with Gaylord. If
negotiated well, this project can bring not only visitors to our community,
but can allow Chula Vistans to explore this resort ourselves as we dine in its
restaurants and stroll through the shops. Our residents have been denied
access to the Bayrront for too long. It is time that the people of Chula Vista
be able to enjoy a waterrront walk and time with their families in a
phenomenal indoor and outdoor setting.
8. Locating a complete University of California campus within our University
Park might be out of reach for now; however, attracting a UC school, such
as a School of Engineering, Pharmacology or a Veterinary Science School,
to Chula Vista can be great boosts to educational opportunity in the area. I
plan to work with members of the community and the region to promote
these, and other, four-year educational opportunities within Chula Vista.
9. SR-125, we hope, will alleviate the syndrome in which traffic, like water,
follows the path ofleast resistence. We hope that when the South Bay
Expressway opens in June that many of our residents actively use the
Tollway instead of city streets.
IO.Good commercial investment adds additional sales tax revenue to City
coffers. It makes possible public access and the filling of community needs.
New projects such as the Eastern Urban Center, the car dealerships on Otay
Valley Road, and the Otay Ranch Mall are encouraging. Sales tax dollars
from these businesses and from long-established and other new businesses
throughout the City are used to support needed City services. Please do your
Christmas shopping in Chula Vista this year, and make your sales tax dollar
work for you, right here in Chula Vista.
We must work together to spend taxpayer dollars wisely, and within the
confines of a balanced budget, one in which we do not spend more than we
bring in. We must conduct the public's business in public to the extent that the
law allows, in a respectful, honest way. Fulfilling a vision is not the work of
one person, but of many. I ask for your patience, your thoughtful insights, and
your understanding as your Council and I work to serve Chula Vista in the
coming months.
COUNCIL AGENDA STATEMENT
Item 1
Meeting Date 12/05/06
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA RECITING THE FACTS OF THE SPECIAL MUNICIPAL
ELECTION HELD IN SAID CITY O~ NOVEMBER 7, 2006 AND
DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS
AS ARE PROVIDED BY LAW
Susan BigelO~MMC, City Clerk
ITEM TITLE:
SUMMARY: The Registrar of Voters has transmitted the certified results of the special election
held on November 7,2006. Elections Code Section 15372 requires the City Clerk, as the elections
official, to transmit the certified results to the City Council. Elections Code Section 15400 requires
the City Council to declare the results of the election.
RECOMMENDATION: Council adopt the resolution.
DISCUSSION: The purpose of the November 7,2006 special election was to (1) conduct runoff
elections between the two candidates receiving the highest number of votes cast for Mayor and for
Member of the City Council, Seat 1, since none of the candidates received fifty percent plus one vote
at the General Municipal Election held on June 6, 2006; and (2) to submit three ballot measures to
the electorate. The certified results have been received from the Registrar of V oters, and the results
are as follows:
Total Number of Registered Voters:
Total Number of Votes Cast:
91,945
Total Votes Percentage of Votes Cast
MAYOR
Cheryl Cox
Steve Padilla
COUNCIL SEAT #1
Rudy Ramirez
Patty Chavez
PROPOSITION F -
Affordable Housing
Yes
No
23,662
18,617
PROPOSITION G -
Prohibition on Appointees Yes
Seeking Election for One Year No
PROPOSITION H -
Filling Vacancies When More Yes
Than One Year Remains in Term No
1-1
FISCAL IMPACT: None
DECISION MAKER CONFLICTS: Staff has reviewed the decision contemplated by this action
and has determined that it is not site specific and, consequently, the SOD-foot rule found in California
Code of Regulations Section I 8704.2(a)(l) is not applicable to this decision.
1-2
RESOLUTION NO. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RECITING THE FACT OF THE SPECIAL
MUNICIPAL ELECTION HELD IN SAID CITY ON NOVEMBER 7,
2006, DECLARING THE RESULTS THEREOF, AND SUCH OTHER
MATTERS AS ARE PROVIDED BY LA W
WHEREAS, a special municipal election was held and conducted in the City of Chula
Vista, California, on Tuesday, November 7, 2006, as required by law, for the purpose of
conducting run-off elections for the positions of Mayor and Member of the City Council, Seat I,
for a full term of four years, and to submit three ballot measures to the electorate; and
WHEREAS, notice of said election was duly and regularly given in the time, form, and
manner as provided by law; and in all respects said election was held and conducted, and the
votes cast at the election received and canvassed, and the returns made and declared, in the time,
form, and manner as required by the provisions of the Elections Code of the State of California
for the holding of elections in charter cities; and
WHEREAS, pursuant to Resolution No. 2006-255, adopted August 8, 2006, the election
was consolidated with the statewide general election, and the Registrar of Voters canvassed the
returJ:1s of said election and has certified the results to this City Council. The results are received
and made a part hereof, attached as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby declare, determine, and order as follows:
SECTION I: There were 111 voting precincts established for the purpose of holding said
election consisting of the regular election precincts in said City as established for
the holding of state and county elections.
SECTION 2. The whole number of ballots cast in said City was
SECTION 3: The names of the run-off candidates for Mayor were Cheryl Cox and Steve
Padilla.
SECTION 4: The City Council does hereby declare Cheryl Cox as elected to the office of
Mayor, to be sworn into office at the frrst meeting of the City Council held in
December 2006.
SECTION 5: The names of the run-off candidates for Member of the City Council, Seat I,
were Rudy Ramirez and Patty Chavez.
SECTION 6: The City Council does hereby declare Rudy Ramirez as elected to the office of
Member of the City Council, Seat I, to be sworn into office at the frrst meeting of
the City Council held in December 2006.
SECTION 7: The City Council does also hereby declare that Propositions F, G and H were
passed by the voters, each receiving a majority of the number of votes cast.
1-3
SECTION 8: The number of votes given at each precinct and the number of votes given in the
City to each of the persons above-named for Mayor and Member of the City
Council, Seat l, and the number of votes given for Propositions F, G and H are as
listed in Exhibit A, attached.
SECTION 9: The City Clerk shall enter on the records of the City Council of the City ofChula
Vista a statement of the results of the election, ,showing the whole number of
votes cast in the City, the names of the persons' voted for, for what office each
person was voted for, the number of votes given in the City to each person, and
the number of votes given in the City to Propositions F, G and H.
Presented by Approved as to form by
..- =:=fu. L~ o~
Susan Bigelow, MMC
City Clerk
4t-~~\i.~_
Ann Moore
City Attorney
1-4
ORDINANCE NO. 2006- rP'?\\O\A.
~'i)!>I
ORDINANCE OF THE CITY OF CHULAYrl~W...ij;PROVING A
REZONE (PCZ-06-04) FROM .~ ~ TO CENTRAL
COMMERCIAL PRECISE ~(}JIt- (CC-P) ZONE AND
ESTABLISHING A PRECISE PLAN MODIFYING STANDARD
FORA 3.6-ACRE PORTION OF A 5.5-ACRE SITE LOCATED AT
912-944 THIRD AVENUE .
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 of3.6 acres of a 5.5 acre site located at 912-944 Third Avenue,
within the Merged Chula Vista Redevelopment Project ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, on November 1,2005 a duly verified application for a Rezone (pCZ-06-04)
with a Precise Plan Modifying Standard, l)esign Review Permit (DRC-06-35), a Conditional Use
Permit (pCC-06-026), and Tentative Subdivision Map (pCS-06-06) was filed with the City of
Chula Vista on behalf of the Douglas Wilson Companies ("Applicant") to enable the
development of a 167-unit mixed use residential project with 3,793 square feet of commercial
retail space located at 912-944 Third Avenue ("Project"); and
WHEREAS, the Environmental Review Coordinator determined that, although the
proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because mitigation measures have been incorporated and agreed to
by the project proponent; and
WHEREAS, on November 14, 2006, the City Council adopted Mitigated Negative
Declaration (1S-06-008) for the Project; and
C. Planning Commission and Chula Vista Redevelopment Corporation Record on
Application
WHEREAS, the PIBnning Commission set the time and place for an advertised public
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 feet of the exterior boundary of the project, at least ten (10) days prior to the hearing;
and
WHEREAS, the Planning Commission held an advertised public hearing on the project
on October 25, 2006, at 6 p.m. in the City Council Chambers at 276 Fourth Avenue, and after
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Ordiriance No. PCZ -06-04 and Precise Plan Standards
Page 2
hearing staff presentation and public testimony, voted 6-0 to reco=end that the City Council
approve Rezone and Precise Plan, in accordance with the findings listed below; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on this project held on October 25, 2006, and the minutes and
resolution resulting there from, are hereby incorporated into the record of this proceedings; and
WHEREAS, the Chula Vista Redevelopment Corporation held an advertised public
hearing on this Project on November 16, 2006 and voted to reco=end that the City Council
approve the Rezone and Precise Plan, in accordance with the findings listed below; and
WHEREAS, the proceedings and all evidence introduced on this Project before the Chula
Vista Redevelopment Corporation at their public hearing held on November 16, 2006, and the
minutes and resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding; and
D. City Council Record on Application
WHEREAS, a duly called and noticed public hearing on the Rezone and Precise Plan was
held before the City Council of the City of Chula Vista to receive the reco=endations of the
Planning Commission and the Chula Vista Redevelopment Corporation, and to hear public
testimony with regard to the same.
WHEREAS, the City Council held an advertised public hearing on the project on
November 16, 2006, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after
hearing staff presentation and public testimony, .the Council voted x - x to approve the Rezone
and Precise Plan in accordance with the findings listed below.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine, and resolve as follows:
Discretionary Approval and Ordinance
A. REZONE
The rezoning provided for herein is consistent with the City of Chula Vista General Plan,
public necessity, convenience and the general welfare and good zoning practice support the
amendments to the Municipal Code. The proposed CCP zone would provide an implementing
zone for the existing Mixed Use Residential (MUR) designation of the City's 2005 General Plan,
and will contribute to the public convenience and general welfare by further assisting the City's
efforts to satisfy the goals and objectives of the General Plan Land Use and Transportation (LUT)
Policy 41.6 for this area and the goals and objectives of the Amended and Restated
Redevelopment Plan (2004) regarding the removal of blight and physical improvement to this
area of the redevelopment project area
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Ordinance No. pez -06-04 and Precise Plan Standards
Page 3
B. PRECISE PLAN FINDINGS
The CVRC does hereby make the findings required by CVMC 19.14.576 for the
establishment of a Precise Plan Modifying District and Standard, as herein below set forth, and
sets forth, there under, the evidentiary basis that permits the stated findings to be made.
1. That such plan 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 proposed CCP zone is consistent with the existing Mixed Use Residential
(MUR) designation of the City's 2005 General Plan, and will contribute to the
public convenience and general welfare by further assisting the City's efforts to
satisfy the goals and objectives of the General Plan Land Use and Transportation
(LUn Policy 41.6 for this area and the goals and objectives of the Amended and
Restated Redevelopment Plan (2004) regarding the removal of blight and physical
improvement to this area of the redevelopment project area The site is also
surrounded by existing urban and pedestrian-oriented uses such as commercial
retail uses, a church, elementary school, hospital and high-density residential uses.
2. That such plan satisfies the principle for the application of the P
modifying district as set forth in CVMC 19.56.041.
The purpose of the Precise Plan modifying district (UP" modifier) is to allow
diversification in the spatial relationship of land uses, density, buildings,
structures, landscaping and open spaces, as well as design review of architecture
and signs through the adoption of specific conditions of approval for development
of property in the city. Within the boundaries of the "P" modifying district, the
location, height, size and setbacks of buildings or structures, open spaces, signs
and densities indicated on the precise plan shall take precedence over the
otherwise applicable regulations of the underlying zone. Pursuant to CVMC
19.56.041, the "P" modifying district may be applied to areas within the city when
one or more circumstances are evident including:
"The subject property, or the neighborhood or area in which the property
is located. is unique by virtue of topography, geological characteristics,
access, configuration, traffic circulation or some social or historic
situation requiring special handling of the development on a precise plan
b . "
aslS.
The precise plan modifying district has already been established on a portion of
the site (1.9 acres) and the project proposes to rezone the remainder of the site
(3.6 acres) to CC with a "P" modifier (CC-P). The subject property is unique by
virtue of its topography and unusual lot configuration. Although the site has over
a 400-foot frontage along Third Avenue, the depth of the lot varies from 280-feet
to 515- feet, creating an unusually configured lot. The site also includes a drainage
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Ordinance No. PCZ -06-04 and Precise Plan Standards
Page 4
channel that runs along the west property boundary. The drainage channel creates
a topographic elevation differential of 30 feet from the east to west property
boundaries and environmental constraints on the project site. Therefore, the
precise plan is considered to satisfy the principle for the application of the "P"
modifying district
3. That any exceptions granted which deviate. from the underlying zoning
requirements shall be warranted only when necessary to meet the purpose
and application of the P precise pIan modifying district.
Within the boundaries of the "P" modifying district, the location, height, 'size and
setbacks of buildings or structures, open spaces, signs and densities indicated on
the precise plan shall take precedence over the otherwise applicable regulations of
the underlying zone. The applicant has requested that the precise plan modifying
district (P) be applied to the project site to allow a reduced front yard setback.
While the proposed Precise Plan standards would deviate from the adopted
Zoning Ordinance the site design would be compatible with surrounding land uses
as described below.
The proposed zoning ordinance deviation would allow a reduced front yard
setback (25-feet required vs. 20-feet proposed) to allow clustering of the units in
the podium structure along the eastern property boundary while retaining the open
space/drainage channel configured along the project's western boundary. The
currently degraded drainage channel is proposed to be enhanced and incorporated
as an open space amenity of the project. Limited access, in the form of viewing
areas and seating, is proposed along the upper edge of the open space/drainage
channel.
In addition, the existing setback standards are more reflective of suburban
development standards which typically emphasize buildings set back behind a
landscaped/parking area The proposed precise plan development standards will
allow reduced building setbacks which are conducive with the above stated goals
of encouraging a mixed-use project which is in keeping with the goals of
achieving a more urban, pedestrian-oriented project.
The reduction in building setbacks will allow: I) the co=ercial component of
the project to be located close to the sidewalk along Third Avenue, thereby
achieving the pedestrian oriented nature of the project; and 2) allow for a better
balance between open space and buildings on the lot. Larger open space areas as
well as pedestrian corridors can be provided between and adjacent to building
structures while, at the same time, maintaining the desired density of the project.
Due to the orientation of existing development on adjacent properties, no negative
impact is anticipated as a result of the proposed setback reductions.
4. That approval of this plan will conform to the general plan and the'
adopted policies of the City of Chula Vista.
-.3-Lj
Ordinance No. pez -06-04 and Precise Plan Standards
Page 5
With the recent update of the General Plan, the Montgomery Specific Plan was
repealed and replaced with a new vision for the Southwest area of the City. The
development proposal would implement the General Plan Land Use and
Transportation (LU1) Policy 41.6 and 41.9 for this area, which states:
"Encourage multi-family with limited retail in the area designated as Mixed Use
Residential south of L Street and west of Third Ayenue. " and;
"In the South Third Avenue District, residential densities within the Mixed Use
Residential designation are intended to have a district-wide gross density of 30
dwelling units per acre. "
The project proposes a mixed-use residential development consisting of 167 units
and 3,793 square-feet of retail space on 5.5-acres. The residential density of 30
dwelling units per acre is consistent with the City's General Plan policy for the
site. The residential density would provide a more urban, pedestrian-oriented
project design that would be compatible with that of the surrounding land uses.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby approve the following:
A. The re-zone of3.6-acre portion of site from S90 to CC-P. 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 S90 to CCP.
B. Precise Plan and Modifying Standard. The Precise Plan Standard is hereby
adopted and supported by the required findings (CCVMC 19.56.041), as outlined above.
EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its second
reading.
Presented by
Approved as to form
Ann Hix
Acting Community Development Director
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EXHIBIT A
San Dieoo
Country
Golf Course
CHUlA VISTA PLANNING AND BUilDING DEPARTMENT
LOCATOR PROJECT Creekside Vistas, LLC. C/o PROJECT DESCRlPTlOIC
C) APPUCANl: Douglas Wilson Companies. DESIGN REVIEW
~ PROJECT 914-942 Third Av. Proposal is for 167 mulli-fartuly residential units and 4,000 sq. f1~
ADORESS: of ground floor retail commercial.
i SCALE: FlLE NUMBER:
NORTH No Scale PCZ..( 06-06, PCC~211, DRc-06-35, JS..06.OOIl
J:'Planninglcarlos~ocalors\PCZ0604.cdr 05.25.06
3-/P
EXHIB1Tll---
Oeekslde Vistas Proposed Rezone
PCI-06-Q4
Chule Vista Redevelopment Corporation/City CouncU Meeting
I November 16.2006
. 3 -146
N
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ORDINANCE NO. O?\\O~
~'i)t>-'i)
~~G. ~
ORDINANCE OF THE CITY C~ill'\~t>-~F THE CITY OF
CHULA VISTA AMENDINQ,<e.e.,aor:A VISTA MUNICIPAL
CODE TITLE 6 "ANIMALS" TO ADD CHAPTER 6.30,
ENTITLED ANIMAL SALES, AND SECTIONS 6.30.010 AND
6.30.020
WHEREAS, the City of Chula Vista has been in the business of providing animal control
services since 1923; and
WHEREAS, since the construction of a new Animal Care Facility in October 2002,
animal intake numbers have continued to rise and daily inventory of animals average 300-500;
and
WHEREAS, there has been a 20 percent increase in animal intakes over a two-year
period; if this trend continues, the Chula Vista Animal Care Facility (CV ACF) will be unable to
accommodate the number of unwanted animals in our community, causing concern for public
health, safety, and welfare; and
WHEREAS, responsible pet ownership is achieved by education, outreach, and
enforcement activities, and the CV ACF promotes various spay/neuter programs for residents;
and
WHEREAS, despite educational and outreach efforts, the number of unwanted pets
continues to increase in our community; and
WHEREAS, an additional threat to the stabilization of our animal population is the sale
of "designer breed" puppies smuggled from Mexico, with the multi-agency Border Puppy Task
Force estimating that as many as 10,000 young puppies have entered San Diego County from
Mexico this year; and
WHEREAS, rabbits, chicks, and ducklings are also commonly sold at local swap meets
and in parking lots; in 2003, the CV ACF received 150 rabbits into the facility; in 2005, the
numbers increased to 181, an increase of 20 percent; and
WHEREAS, it is the intent of the City Council of the City ofChula Vista in enacting this
ordinance to discourage residents from breeding their animals and then selling or giving away
unwanted progeny of any age in public places; to reduce the number of unwanted animals in the
city and at the Chula Vista Animal Care Facility; and to strengthen enforcement abilities.
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NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Title 6 (Animals) of the Chula Vista Municipal Code is amended to
add Chapter 6.30, entitled Animal Sales, and Sections 6.30.010 and 6.30.020, to read as
follows:
6.30.010 Sale of animals, birds, or reptiles on public property or on private property
open to the public prohibited. ..
It is unlawful to give away, offer for sale, sell, exchange, or transfer for any fonn of
consideration, or for no consideration, any animal, bird, or reptile on public property
or on private property open to the public, including, but not limited to, areas in front
of stores, commercial shopping areas, commercial park areas, swap meets, and
auctions.
6.30.020 Exceptions
Section 6.30.010 shall not apply to:
A. Any legally recognized non-profit charitable organization that provides or
contracts to provide services as a public animal sheltering agency.
B. Any legally operated business that sells animals, birds, or reptiles in its nonnal
course of business.
C. Any non-profit animal rescue or adoption organization.
D. Any gift, sale, exchange, or transfer of any animal, bird, or reptile on public
property or on private property open to the public that is authorized by federal or
state law.
SECTION II: Effective date.
This ordinance shall take effect thirty days after final passage.
Presented by:
Approved as to fonn by:
\-.~~
Jack Griffin
Director of General Services
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ORDINANCE NO. tr.\p,?\\O~
ORDINANCE OF THE CITY COUNCIL OF THJ:: ~~ CHULA VISTA
AMENDING CHULA VISTA MUNIC!.-e.~'?-.~DE' SECTION 2.05.010
RELATING TO THE ESTABLIS~tjF UNCLASSIFIED POSITIONS
TO ADD THE POSITIONS OF CBA~ - DIRECTOR OF SD LECC, CBAG
ADMINISTRATIVE ANALYST I AND CBAQ ADMINISTRATIVE
ANALYST II.
WHEREAS, the Human Resources Department has created new classifications to better
reflect the needs of the City's workforce; and
WHEREAS, Charter Section 500(a) requires that all new unclassified management level
positions be adopted by ordinance and a four-fifths vote of the CounciL
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to
read as follows:
2.05.010
Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of the
Charter of the City, there are established the unclassified positions entitled Administrative
Services Manager, Advanced Planning Manager, Animal Control Manager, Assistant Chief of
Police, Assistant Director of Budget and Analysis, Assistant Director of Building and Housing,
Assistant Director of Community Development, Assistant Director of Finance, Assistant Director
of Human Resources, Assistant Director of Planning, Assistant Director of Public Works and
Operations, Assistant Director of Recreation, Assistant Library Director, California Border
Alliance Group (CBAG) Deputy Executive Director, CBAG DIRECTOR - SD LECe. CBAG
ADMINISTRATIVE ANALYST 1, CBAG ADMINISTRATIVE ANALYST 1I. CBAG Budget
Manager, CBAG Executive Assistant, CBAG Executive Director, CBAG Graphics
Designer/Webmaster, CBAG Management Assistant, CBAG Methamphetamine Strike Force
Coordinator, .CBAG Network Administrator I, CBAG Network Administrator II, CBAG
Network Manager, CBAG Program Analyst, CBAG Regional Computer Forensic Laboratory
Network Engineer, Chief Learning Officer, Chief' of Staff, CoastallEnvironmental Policy
Consultant, Communications Manager, Community Relations Manager, Constituent Services
Manager, Cultural Arts & Fund Development Manager, Deputy Building Official, Building
Services Manager, Deputy City Manager, Deputy Director of Engineering, Deputy Director of
General Services, Deputy Director of Planning, Deputy Fire Chief, Development Planning &
Improvement Manager, Development Planning Manager, Director of Budget and Analysis,
Director of Communications, Director of Conservation and Environmental Services, Energy
Services Manager, Executive Director of the Redevelopment Agency/CEO of the CVRC, Fiscal
Operations Manager, Human Resources Operations Manager, Intergovernmental Affairs
Coordinator, Office Specialist (Mayor's Office), Parks and Open Space Manager, Police
Captain, Purchasing Agent, Real Property Manager, Risk Manager, Senior Council Assistant,
Traffic Engineer, Transit Coordinator, Treasury Manager.
SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption.
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Ordinance No.
Page 2
Submitted by:
Approved as to form by:
Richard P. Emerson
Chief of Police
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COUNCIL AGENDA STATEMENT
Item: (:,
Meeting Date: 12/5/06
ITEM TITLE:
.
. RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT FOR EDUCATIONAL AND
TRAINING SERVICES WITH SOUTHWESTERN
COMMUNITY COLLEGE DISTRICT AND
APPROPRIATING FUNDS TO THE FIRE DEPARTMENT
PERSONNEL SERVICES BUDGET IN THE AMOUNT OF
$15,000 BASED ON UNANTICIPATED REVENUE
REVIEWED BY:
Fire Chief1)p-f/
City Manager /1
(4/5ths Vote: YesjLNo ->
SUBMITTED BY:
The City of Chula Vista has negotiated an agreement with the Southwestern
Community College District for educational and training services in an effort to
continue to meet the training requirements of the City of Chula Vista Fire
Department.
RECOMMENDATION: That Council adopts the above resolution and thereby:
. Authorize the Mayor to execute the agreement with the Southwestern
Community College District for training and educational services for fire
department personnel.
. Appropriate $15,000 to FY 2006-07 Fire Department budget for personnel
services based on unanticipated revenue to offset training costs.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
BACKGROUND: The Fire Department currently participates in a cooperative in-
service training program. This program is administered through the Regional
Occupational Program (ROP) offered by Southwestern Community College. This
program has been in existence for several years and includes the following
agencies: Bonita, National City, Coronado, Imperial Beach, and Lemon Grove.
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Item: to
Meeting Date: 12/5/06
The program provides training sessions that cover State and Federally mandated
training for fire department employees such as Emergency Medical Continuing
Education hours, Hazardous Material Incident Management, Confined Space
Awareness and Driver Training Skills. In addition, the,'program also allows the
City's neighboring jurisdictions receive standardized training in order to achieve
consistent levels of service and facilitate mutual aid. However, due to changes to
the ROP structure that have affected the availability of qualified instructors, the
City was notified that it will be losing its funding for this program. As a result, the
in-service training program will end on December 31,2006.
DISCUSSION: In an effort to continue to meet its training needs and mitigate
costs, the City has negotiated an agreement with the Southwestern Community
College District. Under the terms of this agreement the City of Chula Vista will
provide students and qualified instructors to create a new training program to
replace the ROP.
The fire department employees will be registered with the college and enrolled at
standard college fees (currently $20 per unit). In addition to the per unit fee, there
will be a $2 health fee per semester per student. Each employee (student) may
be enrolled for one or one and one half units per semester. One unit provides
the college documentation for 54 training hours and one and one half units
provides documentation for 80 training hours. Every 525 hours is equal to one
Full Time Equivalent Student (FTES). Each FTES is equal to $3,860 of
reimbursement. Reimbursement will be made by the State's education system
that pays educational institutions for (FTES) hours. The proposed agreement
with the college will pay the fire department 30% of the monies received from the
State for training our personnel. The balance (70%) of the fees will remain with
the college for administrative costs. Under this program, the fire department will
be offsetting training costs by documenting and reimbursing eligible training
hours. In return, the college will reimburse the fire department for the
documented training hours submitted. All student fees will be paid at the end of
the semester and will be deducted from the reimbursement funding earned.
Therefore, the City will not incur any upfront costs for enrolling its employees in
this program. The City will incur costs to provide trained instructors to support
this program on an overtime basis. However, these costs are anticipated to be
fully reimbursed under this agreement.
DECISION MAKER CONFLICTS: Staff has reviewed the decision contemplated
by this action and has determined that it is not site specific and consequently the
500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not
applicable to this decision.
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FISCAL IMPACT: Approval of this agreement will result in $15,000 of overtime
costs in FY 2006-07 for the Fire Department. These costs will be offset by
$15,000 in reimbursement revenue that will be generated under the terms of the
agreement.
ATTACHMENT A - Southwestern Services Agreement .'
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Attachment A
STANDARD INTER-AGENCY SERVICES AGREEMENT
THIS AGREEMENT is entered into this ~ day of _January_, 2007, by
and between Southwestern Community College District, 900 Otay Lakes Road,
Chula Vista, California 91910 ("District") and
("Agency").
.
.
RECITALS
WHEREAS, fire safety personnel can best serve the public in emergency
situations when personnel receives continuing education in fire science and
technology and are to take continuing education fire science courses; and
WHEREAS, the needs of the public are best served when participating
agencies are trained in the same firefighting techniques to facilitate mutual aid;
and
WHEREAS, the public interest, convenience and general welfare will be
served by coordinating the educational needs of the participating Agencies; and
WHEREAS, under Education Code section 78021, Southwestern
Community College District desires to contract Agency as an independent
contractor to the District to provide for the educational services required; and
WHEREAS, Agency, through its' Fire Department, has the personnel,
expertise and equipment to provide the educational services required by this
Agreement.
TERMS AND CONDITIONS
NOW THEREFORE, Agency and District agree as follows:
1. Services. Agency shall provide classroom and practical education courses
to District as set forth in Attachment A, which is incorporated in this
Agreement by this reference as though set forth in full.
2. This Agreement shall become effective on January 1, 2007 ("Effective
Date") and terminate on December 31,2012 unless terminated earlier
pursuant to paragraph 3 below. The Agreement's initial term shall run for a
period of five (5) years from the Effective Date and shall automatically
renew unless terminated as set forth in section 3, below..
3. TERMINATION: Notwithstanding the paragraph above, District or Agency
may terminate this Agreement at any time and for any reason, by giving
specific written notice to the other party of the intent to terminate and
specifying the effective date of the termination, at least thirty (30) days
before the effective date of the termination.
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4. Fees and Expenses.
a. The Agreement provides Agency with tuition reimbursement for
services provided by Agency.
b. Tuition cost per unit will apply each semester. Standard Off-
Campus student health fee will be paid also.
c. Reimbursement will be paid for one unit per semester (54 hours) or
1.5 units per semester (80 hours). Students will be required to meet
the required number of hours. Reimbursement will not be made for
reduced hours. Reimbursement to Agency by District will be split
70% to the college and 30% to the Agency for all Full Time
Equivalent Students (FTES) earned for student hours.
d. Registration fees will be paid at the end of each semester, and be
deducted from the FTES earned. The Agency shall supply mutually
acceptable documentation of the number of student contract hours
provided by Agency.
e. All documentation must be received by the District within thirty (30)
days after the semester ends, or reimbursement will not be paid to
Agency.
5. Claims Arisina From Sole Acts or Omissions of the District. District agrees
to defend and indemnify the Agency, and its agents, officers and
employees, from any claim, action or proceeding against Agency, arising
solely out of the acts or omissions of District in the performance of this
Agreement. At its sole discretion, Agency may participate at its own
expense in the defense of any claim, action or proceeding, but such
participation shall not relieve District of any obligation imposed by this
Agreement. Agency shall promptly notify District of any claim, action or
proceeding and cooperate fully in the defense.
6. Claims Arisina From Sole Acts or Omissions of Aaencv. Agency agrees to
defend and indemnify District, and its respective agents, officers and
employees, from any claim, action or proceeding against District, arising
solely out of the acts or omissions of Agency in the performance of this
Agreement. At its sole discretion, District may participate at its own
expense in the defense of any claim, action or proceeding, but such
participation shall not relieve Agency of any obligation imposed by this
Agreement. District shall promptly notify Agency of any claim, action or
proceeding and cooperate fully in the defense.
7. Claims Arisina From Concurrent Acts or Omissions. Agency agrees to
defend itself and District agrees to defend itself, from any claim, action or
20f6
6-5
proceeding arising out of the concurrent acts or omissions of Agency and
District. In such cases, Agency and District agree to retain their own legal
counsel, bear their own defense costs, and waive their right to seek
reimbursement of such costs, except as provided in subsection 9 below.
8. Joint Defense. Notwithstanding subsection 7 above, in cases where
Agency and the District agree in writing to a joint:defense, Agency and
District may appoint joint defense counsel to defend the claim, action or
proceeding arising out of the concurrent acts or omissions of Agency and
District. Joint defense counsel shall be selected by mutual agreement of
the parties. The parties further agree that no party may bind the other
party to a settlement agreement without the written consent of the other
party.
9. Reimbursement and/or Reallocation. Where a final judgment of a court
award allocates or determines the comparative fault of the parties,
Agency and District may seek reimbursement and/or reallocation of
defense costs, settlement payments, judgments and awards, consistent
with such comparative fault.
10. Termination for Cause. District may terminate this Agreement and be
relieved of any consideration to Agency should Agency fail to perform the
services required by this Agreement at the time and in the manner
provided. In the event of such termination, the District may proceed with
the work in any manner deemed proper by the District. The cost to the
District for obtaining an alternative service provider shall be deducted from
any sum due the Agency under this Agreement, and the balance, if any,
shall be paid to the Agency.
11. Non-Assianment The Agreement is personal and shall not be assigned by
Agency either in whole or in part. Any such purported assignment voids
this Agreement.
12. Defined Services: The services, work and deliverables required in the
Inter-Agency Services described in Attachment A shall be referred to as
the "Defined Services". Failure to complete the Defined Services by the
times indicated does not, except at the option of Agency, operate to
terminate this Agreement.
13. Entire Aareement. This Agreement, together with any other written
document referred to or contemplated by this Agreement, embody the
entire Agreement and understanding between the parties relating to the
subject matter of the Agreement. Neither this Agreement nor any provision
of the Agreement 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.
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IN WITNESS WHEREOF, this Agreement has been executed by the
parties hereto on the day and year first written above.
Southwestern Community
College District
.
Date:
Date:
By:
By:
Name:
Name:
Title:
Title:
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ATTACHMENT A
INTER-AGENCY SERVICES
TO BE PROVIDED BY:
City of Chula Vista Fire Department
1. Teaching Approved Curriculum. All student. contract hours submitted
by Agency to District shall be instruction that has either been approved
by the District's Curriculum and Instructional Council, or has been
accepted as a topics course and approved by the District's Chief
Instructional Officer.
2. Instructor Qualifications. All instructors from Agency are required to
meet the District's minimum or equivalent qualifications for hiring as
part-time Fire Technology Instructors.
3. Equipment. Agency will provide line-of-sight supervision for
instructors. Instruction will include the use of Agency's specialized
equipment, facilities, all handouts, and instructors with specific
expertise.
4. Non-overlap With Other Funding Sources. Instructional hours are
conducted as full time equivalent students ("FTES") under courses
through the Fire Technology Department at Southwestern College,
which also have been or will be submitted for California Joint
Apprenticeship Committee and/or JPTA funding.
5. Enrollment of Students. District will supply current student enrollment
forms to Agency. Agency will return properly completed enrollment
forms and enrollment fees to District prior to the beginning of
instruction. Agency recognizes that out-of-state tuitions fees will be
charged for students who are not California residents. Student
attendance and achievement records will be maintained by District and
be available for review by students and instructors at normal business
hours.
6. Instructional Activities. The Administrators of District and Agency (or
their designees) will meet at mutually agreed upon intervals to plan
curriculum and review class hours to insure performance objectives
are met, and to schedule and budget for instructional activities. The
joint consent of District and Agency shall be required before any
instructional activity is approved. Instructional activity will include
supervision and evaluation of students and student withdrawal prior to
completion of a course.
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7. List of Course(s) or Course Topics. District will make available to
Agency a list of all courses included in the course catalog and
additional topics classes consistent with college standards for
curriculum adoption.
8. Services. District and Agency will insure that 'ancillary and support
services such as counseling, guidance, and placement assistance are
available to all students and that enrollment in courses is open to any
person who has been admitted to the college and has met applicable
prerequisites.
6of6
6-9
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT FOR EDUCATIONAL AND TRAINING
SERVICES WITH SOUTHWESTERN COMMUNITY
COLLEGE DISTRICT AND APPROPRIATING FUNDS TO
THE FIRE DEPARTMENT PERSONNEL SERVICES BUDGET
IN THE AMOUNT OF $15,000 BASED ON UNANTICIPATED
REVENUE
WHEREAS, the Fire Department currently participates in a cooperative
in-service training Regional Occupation Program (ROP); and;
WHEREAS, due to changes to the ROP structure that have affected the
availability of qualified instructors, the City was notified that it will be losing its
funding for this program; and,
WHEREAS, in an effort to continue to meet its trammg needs and
mitigate training costs, the City has negotiated an agreement with the
Southwestern Community College District for a new training program; and,
WHEREAS, the agreement will provide the Fire Department with the
means to continue its cooperative in-service training by enrolling its employees in
the program and allow the department to offset training costs through
reimbursement from Southwestern College; and,
WHEREAS, the fire department will provide trained instructors to support
the training program as stipulated in the agreement and may incur overtime costs;
and,
WHEREAS, the overtime costs will reimbursed by Southwestern College
thus resulting in no fiscal impact to the City of Chula Vista; and,
NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of
the City of Chula Vista does hereby adopt the Agreement with the Southwestern
Community College District to conduct an in-service training program and
amends the FY2006-07 Fire Department budget in the amount of $15,000 for
overtime expenses to be reimbursed as stipulated.
BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista
is hereby authorized to execute said Agreement on behalf of the City of Chula
Vista.
Presented by:
Approved as to form by:
Douglas A. Perry
Fire Chief
~:Jr;fJuwl/r--/,
City Attorney
H:/shared/attomeylFire~Southwestern College Agreement
6-10
COUNCIL AGENDA STATEMENT
Item ?-
Meeting Date 12/05/06
ITEM TITLE:
Resolution
of $4,767 to the
donated funds
Accepting various donations in the amount
Animal Care Facility and appropriating said
SUBMITTED BY: Director of General Services ~)J--
/.i U- -
REVIEWED BY: City Manager i (4/5ths Vote: Yes.x.. No ~
The Animal Care Facility (ACF) has received various donations in the amount of $4,767
from various donors from July through October 2006. The donations will be used to
purchase medical and laboratory supplies as needed to provide veterinary care.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The Animal Care Facility has received various donations totaling $4,767. The Animal
Care Facility is committed to providing prompt and necessary veterinary care to animals,
thus the funds will be used to purchase necessary medical and laboratory supplies for the
Facility.
Decision Maker Conflicts
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT:
There is no net impact to the General Fund. These purchases will be funded by the
acceptance of said donated funds and appropriating it to the FY07 Services & Supplies
ACF budget
J:\General Services\GS Administration\Council Agenda\ACF\FY07\Various Donations 070106 thru Il0606.doc
7-1
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING VARIOUS DONATIONS IN THE
AMOUNT OF $4,767 TO THE ANIMAL CARE FACILITY
AND APPROPRIATING SAID DONATED FUNDS
.
WHEREAS, the Animal Care Facility has received various donations in the amount of
$4,767 from various donors from July through October 2006; and
WHEREAS, the donations will be used to purchase necessary medical and laboratory
supplies for the Facility; and
WHEREAS, staff has reviewed the decision contemplated by this action and has
determined that it is not site specific and consequently the 500- foot rule found in California Code
of Regulations section I 8704.2(a)(1) is not applicable to this decision.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista adopt the resolution accepting the donations in the amount of $4,767, amending the FY07
Services & Supplies Animal Care Facility budget and appropriating said donated funds.
Presented by
Approved as to form by
~,~~
tty Attorney
Jack Griffin
Director of General Services
J:\AttomeyIRESOIFINANCE\Appropriation funds - Animal Care Facility (12-05-06).doc
7-2
COUNCIL AGENDA STATEMENT
ITEM (8
MEETING DATE 12/05/06
ITEM TITLE:
RESOLUTION Adopting the City of Chula Vista Cafeteria
Benefits Plan for 2007
!t1.!kL-
SUBMITTED BY:
DIRECTOR OF HU7 RESOURCES
CITY MANAGER JI
(4/5th Vote: Yes_ No X)
REVIEWED BY:
The Internal Revenue Code requires that employers offering cafeteria plans under Section
125 have a written plan document, and that the employer adopt the plan document
annually. This resolution will fulfill this requirement.
RECOMMENDATION:
That Council adopt the resolution.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
In June 1998, Council authorized updates to the City's flexible benefit plan in compliance
with Internal Revenue Service (IRS) guidelines. The document presented here contains
the health, dental, vision, life and flexible spending account options for Plan Year 2007.
The medical, dental and vision packages have been reviewed by all of the City's
recognized employee groups.
DECISION MAKER CONFLICTS: Not applicable
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of Regulations
section 18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT: None with this action.
Attachment: A - City of Chula Vista Cafeteria Benefits Plan 2007
H:\Home\Personnel\Margarita\2001 cafetriaplanA113.doc
8-1
City of Chula Vista
CAFETERIA BENEFITS PLAN
YEAR 2007
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City of Chula Vista
Cafeteria Benefits Plan
This is a Cafeteria Plan of benefits for City of Chula Vista employees and is intended to
qualify under Section 125 of the Internal Revenue Code.
ELIGIBILITY FOR PARTICIPATION
This Plan is for the exclusive benefit of employees of the City of Chula Vista.
Eligible employees are defined as individuals who are:
1. Directly employed by the City of Chula Vista, and
2. Working in a part-time or full time benefited status. Hourly employees are not
eligible for this plan except for School Site Coordinators under the STRETCH
Program.
3. Retired City of Chula Vista employees rehired by the City as active employees
may participate ONLY in the group medical insurance premium pre-tax option
under Section 125 Premium Only Plan. Other Cafeteria benefit coverage will not
be available.
Coveraqe under Familv and Medical Leave Act
Employees who are on approved leave, with or without pay, under the provisions of the
Family Medical Leave Act (FMLA), are entitled to full access to their flexible benefit plan
during their absence. If an employee fails to return to work after such leave for any reason
other than the serious illness of the employee or the family member for whom the leave
was granted or through no fault of the employee, they will be required to pay all flexible
benefit plan monies paid to them, or on their behalf during the absence.
Coveraqe While on Leave of Absence with Benefits
Employees who are authorized to take leave with benefits (e.g., Military Leave as approved
by the City Council and disability leave pursuant to memoranda of understanding
provisions) will continue to be covered under the flexible benefit plan until expiration of
leave.
Employees who are on an approved unpaid leave of absence for their own disability or
illness, beyond the 12 weeks allowed under the FMLA will continue to have their health
insurance and their basic life insurance premiums paid by their Flexible Benefit Plan.
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Coveraqe While on Leave of Absence without Benefits
The City of Chula Vista does not pay for an employee's benefits if the employee is in an
unpaid status for any reason than those indicated above. The employee may choose to
continue their health, and certain optional benefits coverage at their own cost through the
COBRA continuation plan until they return to work or for the designated length of time as
determined by the City of Chula Vista. If the premiums are not paid, the coverage will be
canceled the first day of the month following the employee's last paid time. Coverage will
be reinstated immediately upon the employee's return to work, or the first of the month
after their return 'if premiums were not paid during the employee's absence.
PLAN YEAR
The Plan Year is from January 1 to December 31 of each year.
ELECTIONS
Election of benefits must occur during the open enrollment period priorto the start of each
Plan Year or, in the case of a newly hired employee, within 30 days from eligibility date.
Enrollment Forms
Elections must be made in writing on forms/workbooks provided by the Human Resources
Department!. An authorization form must be signed by employees to allow for necessary
deductions from their paychecks to provide the benefit coverage selected. In addition to
the benefit election form (if applicable), the employee must also complete and sign all
appropriate applications and enrollment forms for the specific benefits selected.
Default Enrollment
Miscellaneous Emp/oyees
If an employee fails to enroll their elections via Employee Online and complete the
necessary forms during open enrollment priorto the start of the Plan Year, that employee's
current medical insurance will be automatically continued in the next year. All other options
including dental and vision coverage will be stopped and the remainder of the Flexible
Benefits Allotment will be placed in the taxable Cash Payment Option. Life insurance
coverage will be continued in the next year.
In the case of a new hire or newly eligible employee, failure to turn in the completed forms
within 30 days from eligibility date will result in automatic enrollment in the least costly
health plan made available by the City and the remaining funds will be placed in the
taxable Cash Payment option.
Safety Employees
If Police Officers Association (POA) and International Association of Firefighters (IAFF)
represented employees do not enroll via Employee Online and complete the necessary
forms within the open enrollment period, they will be enrolled in Kaiser Employee Only
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8-4
coverage in the next year. All other options including dental and vision coverage in the
current year will be stopped. Life insurance coverage will be continued in the next year.
New hires or newly eligible employees who fail to submit required benefit election forms
within 30 days of their date of eligibility will automatically be enrolled in the Kaiser
Employee Only plan.
Effective Date of Coveraqe
The elections are effective for the period of January 1 to December 31 of each year. For
employees hired after January 1 of a Plan Year, elections are effective for the remainder of
the Plan Year following eligibility date. Benefits are prorated for employees hired after
January 1 of each Plan Year.
Termination of Coveraqe Upon Separation
Benefits terminate at the time an employee terminates employment except for medical,
dental and vision, which terminate on the last day of the month in which the employee
terminates his/her employment.
An eligible employee who terminates and is rehired within 30 days will be reinstated to his
or her prior benefit elections at termination unless another qualifying event has occurred
that allows a change. An employee who is reinstated after 30 days may make new
elections.
Qualified Chanqe in Familv Status
Elections are irrevocable except to accommodate changes in family status as defined in
the Income Tax Regulations, 26 CFR Part 1, orto accommodate any significant curtailment
or reduction of coverage under any given benefit plan, or in the case of any significant
premium increase or decrease imposed by a third-party insurer.
Participants who experience a change in family status may be allowed to change or revoke
elections. Several examples, although not all inclusive, of the types of events that
constitute a change in family status are as follows:
o The marriage, legal separation or divorce of the employee
o The birth or adoption of a child
o The death of the employee's spouse or dependent
o Court-order with specific requirement to cover dependent
o Significant cost change or coverage change
o Termination or commencement of employment by employee's spouse
o Unpaid leave of absence by the employee or the employee's spouse
Changes are also permitted in the event of significant changes in health coverage of the
employee or the employee's spouse that are related to the spouse's employment or are
subject to the Special Enrollment Period as described in the Health Insurance and
Portability and Accountability Act (HIPAA).
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Page 4 of 12
8-5
Changes to benefit elections will be permitted only to the extent that they are consistent
with and appropriate to the reason the change is requested. Proof will be required for all
changes in family status. The employee must submit the request to change plan benefits
within 30 davs of the chanqe in familv status to Human Resources. If the request is made
after 30 days, the change must wait until the next open enrollment period.
CONTRIBUTIONS
Employer contributions are a fixed amount provided by the City to each eligible employee
on a non-elective basis. Salary reduction agreements are provided for in this Plan for
Health Insurance premiums in excess of the employer's contributions.
In the event payroll deductions for reimbursement accounts are selected and subsequently
stopped due to an eligible family status change, the reactivation of the account will not be
permitted until the next plan year if elected during open enrollment.
FLEXIBLE ALLOTMENTS FOR MISCELLANEOUS EMPLOYEES
Eligible employees are allotted funds based on their bargaining groups. These amounts
are prorated for non-full-time benefited employees. The allotments are as follows:
EMPLOYEE GROUP AMOUNT
Confidential $ 9,726
CVEA $ 9,226
Executive $12,626
Middle Managers $10,226
Senior Managers $11,226
WCE $ 10,226
Mavor $12,626
Council Members $12,626
CITY CONTIRIBUTION FOR SAFETY EMPLOYEES (IAFF and POA)
The City will pay the full cost of the Kaiser Permanente Plan premium for Safety
employees and their dependents. In a non-Kaiser Health Maintenance Organization
(HMO) plan, the City will pay the cost ofthe annual premium less $600. The employee will
pay the $600 premium.
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8-6
If the employee is enrolling in a non-Kaiser Preferred Provider Organization (PPO) plan,
the City will pay an amount equal to the City's share of the non-Kaiser HMO premium. The
employee through payroll deductions will pay any difference between the City's share of
the medical HMO premium and the full PPO premium cost.
For dental coverage, the City will pay an amount equal to the pre-paid dental plan
premium. For a PPO dental plan, the Safety employee vJiII pay any difference between
the pre-paid dental plan premium and the PPO dental plan premium through payroll
deductions.
In those cases where the employee pays a portion of the premiums for medical and/or
dental insurance, they will be deducted from the employee's paycheck on a pre-tax basis.
If the City does not meet IRS requirements, or if IRS regulations change for any reason,
this benefit may be discontinued.
BENEFIT PLANS
Each employee must select a medical insurance coverage, unless married to another City
employee and is covered under the spouse's policy. The Mayor and Councilmembers
have the option to waive medical insurance coverage.
The options in this plan are as follows:
1. Health Insurance (mandatory coverage)
a. Kaiser Permanente Health Plan
b. PacifiCare PPO Plan
c. PacifiCare (HMO) Low Option
d. PacifiCare (HMO) High Option
e. Spouse of City employee coverage
2. Dental Insurance (optional coverage)
a. Delta PMI (HMO)
b. Delta Dental PPO
3. Vision Insurance (optional coverage)
a. Spectera Vision
4. For Miscellaneous Employees, any remaining Flexible Allotment money may
be used for:
1. Dependent health insurance
2. Employee and/or dependent group dental insurance
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8-7
3. Employee and/or dependent group vision insurance
4. Cash Payment (taxable)
5. DentallMedicalNision reimbursement
6. Dependent/Child Care (daycare) reimbursement
Each of these benefits is described in more detail in the Summary Highlights of Employee
Benefits and in the respective Plan Documents or insurance contracts, which are
incorporated here by reference.
BASIC LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D)
The City provides $50,000 group term life insurance and AD&D at no cost to employees.
In addition to basic life insurance, an employee may elect to purchase additional life
insurance at group rates. Premiums are deducted from the employee's paycheck.
FLEXIBLE SPENDING ACCOUNTS
A Flexible Spending Account (FSA) is a way to pay eligible health and dependent care
expenses with tax-free dollars. An eligible employee may set aside money on a pre-tax
basis from the Flex Allotment and/or from his/her paycheck to fund FSA accounts as
follows:
Miscellaneous Employees;
. Cafeteria DentallMedicalNision (D/MN) Spending Account;
. Cafeteria Dependent/Child Care Spending Account;
. MyFund Dental/MedicalNision (D/MN) Spending Account; and/or
. MyFund Dependent/Child Care Spending Accounts
Safety Employees;
. MyFund DentallMedicalNision (D/MN) Spending Account; and/or
. MyFund Dependent/Child Care Spending Accounts
When the participant incurs an eligible expense, the participant may submit a claim form to
Human Resources for reimbursement. In accordance with IRS Notice 2005-42, the City
will extend the deadline for reimbursement of health and dependent care expenses up to
2% months after the end of the Plan Year. Expenses for qualified benefits incurred during
the 2% -month grace period may be reimbursed from the benefits or contributions
remaining unused at the end of the Plan Year. The effect of the grace period is that the
participant may have as long as 14 months and 15 days to use the contributions before the
unused amounts are forfeited.
An eligible employee may elect up to $2,500 for a Payroll Deduction (MyFund)
Dental/MedicalNision (D/MN) Spending Account. Single or married (filing a joint return),
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8-8
eligible employees may also set aside up to $5,000, from all sources, per plan year for a
Payroll Deduction (MyFund) Dependent /Child Care Reimbursement Account. A married
employee filing returns separately may set aside up to $2,500 per plan year.
HIPAA PRIVACY POLICY FOR HEALTH FSA ACCOUNTS
The City's HIPAA Privacy Policy is in compliance with the regulations of the Health
Insurance Portability and Accountability Act of 1996 (HIPAA), restricting the City's use and
disclosure of protected health information (PHI) obtained from the City's self-administered
Cafeteria Dental/MedicalNision (DMV) Care and MyFund Health Flexible Spending
Accounts.
Scope
This policy applies to all plan participant protected information obtained through the City's
administration of health care flexible spending accounts (FSAs).
Definition
The Health Insurance Portability and Accountability Act of 1996 and its implementing
regulations restrict the City's ability to use and disclose protected health information.
HIPAA is the "Health Insurance Portability and Accountability Act of 1996". This
legislation was designed to improve the portability of health coverage, reduce
health care costs by standardizing the processing of health care transactions,
increase the security and privacy of health care information and to make other
changes to the health care delivery system. This policy is to comply with
HIPM's privacy requirements.
Plan as referred to in this policy is the City's Health Care Flexible Spending Accounts
(FSA): (1) Cafeteria Dental/MedicalNision (D/MN) and (2) MyFund Payroll
Deduction Health FSA.
Plan Participant is a benefited employee who is participating in one or both of the
City's Health Care FSAs.
Protected Health Information is information that is created or received by the
City and relates to the past, present, or future physical or mental health
condition of a participant; the provision of health care to a participant; and
that identifies the participant or for which there is a reasonable basis to
believe the information can be used to identify the participant. PHI includes
information related to persons living or deceased.
Procedure
Employees submit claims to Human Resources and eligible expenses are reimbursed via
the employees' paycheck.
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8-9
Employee Benefits staff of Human Resourceshave access to the individually identifiable
health information of Plan participants to perform administrative functions of the Plan.
The Citv's Responsibilities as Covered Entity
I. Privacy Officer and Contact Person
The Employee Benefits Manager is designated to act as Privacy Officer for the
"Plan". The Privacy Officer is responsible for the deVelopment and implementation
of policies and procedures relating to privacy. The Privacy Officer will also serve as
the contact person for participants who have questions, concerns, or complaints
about the privacy of their PH I.
II. Workforce Training
The City will train Employee Benefits staff on its privacy policies and procedures. The
Privacy Officer is charged with developing training schedules and programs so that all
Employee Benefits staff receive the training necessary and appropriate to permit
them to carry out their functions within the Plan.
ill. Technical and Physical Safeguards and Firewall
The City will establish on behalf of the Plan appropriate technical and physical
safeguards to prevent PHI from intentionally or unintentionally being used or
disclosed in violation of HIPAA's requirements. Technical safeguards include limited
access to information by creating computer firewalls. Physical safeguards include
locking doors and filing cabinets.
IV. Privacy Notice
The Privacy Officer is responsible for developing and maintaining a notice of the
Plan's privacy practices. The notice will inform participants that the City will have
access to PHI in connection with the Plan's administrative functions. The privacy
notice will also provide a description of the City's complaint procedures, the name and
telephone number of the contact person for further information. The notice will be
mailed to all participants at the beginning of each Plan Year.
V. Complaints
The Privacy Officer is responsible for creating a process for individuals to file
complaints about the Plan's privacy procedures. Sanctions for using or disclosing
PHI in violation of this Privacy Policy will be imposed in accordance with the City's
discipline policy, up to and including termination.
No employee may intimidate, threaten, coerce, discriminate against, or retaliate
against individuals for exercising their rights, filing a complaint, participating in an
investigation, or opposing any improper practice under HIPAA.
No individual shall be required to waive his or her privacy rights under HIPAA as
condition of receiving FSA reimbursements.
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VI. Mitigation of Inadvertent Disclosures of Protected Health Information
The City shall mitigate, to the extent possible, any harmful effects that become known
to it of a use of, or disclosure of an individual's PHI in violation of the policies and
procedures set forth in this Policy. If an employee becomes aware of a disclosure of
protected health information, either by an employee of the Plan or an outside
consultant/contractor, that is not in compliance with this Policy, immediately contacts
the Privacy Officer so that the appropriate steps to mitigate the harm to the participant
can be taken.
VII. Plan Document and Documentation
The Plan Document shall include provisions describing the use and disclosure of PHI
by the City for plan administrative purposes. The City shall document and maintain
authorizations, requests for information, sanctions, and complaints relating to an
individual's privacy rights for six (6) years.
VIII. Use and Disclosure of PHI
The following employees have access to PHI:
o Human Resources staff assigned to process Flexible Spending Account
reimbursements and maintain FSAs.
o Human Resources Director, Assistant Human Resources Director and Employee
Benefits Manager who have access to PHI on behalf of the City of Chula Vista
for its use in "plan administrative functions".
These employees may not disclose PHI to other employees unless an authorization is
in place. PHI may be disclosed for the Plan's own payment purposes, and PHI may
be disclosed to another covered entity for the payment purposes of that covered
entity.
The amount of PHI disclosure must be reviewed on an individual basis with the
Privacy Officer to ensure that the amount of information disclosed is the minimum
necessary to accomplish the purpose of the disclosure.
Mandatorv Disclosures of PHI
A participant's PHI must be disclosed as required by HIPAA to:
o The individual who is the subject of the information
o The Secretary of Health and Human Services for purposes of enforcement of
HIPAA
Permissive Disclosures of PHI
PHI may be disclosed in the following situations without a participant's authorization, upon
approval of Privacy Officer:
o Disclosures about victims of abuse, neglect or domestic violence
o Disclosures for judicial and administrative proceedings
o Disclosures for law enforcement purposes
o Disclosures for public health activities
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8-11
o Disclosures is about decedents
o Disclosures to avert a serious threat to health or safety
o Disclosures that relate to workers' compensation programs
Disclosures of PHI to an Authorized Recipient
PHI may be disclosed for any purpose if the participant provides a valid authorization.
All uses and disclosures made pursuant to a signed authorization must be consistent
with the terms and conditions of the authorization.
De-Identified Information
The Plan may freely use and disclose de-identified information. De-identified
information is health information that does not identify an individual. This information
may be used for statistical analysis, research, public policy or health care operations.
Individual Riqhts
HIPAA gives participants the right to access and obtain copies of their protected health
information that the plan maintains. HIPAA also provides that participants may request to
have their PHI amended.
An individual also has the right to obtain an accounting of certain disclosures of his or her
own PHI, made in the last six (6) years. The Plan shall respond to an accounting request
within sixty (60) days. The first accounting in any 12-month period shall be provided free of
charge. The Privacy Officer may impose reasonable production and mailing costs for
subsequent accountings.
Responsible Partv - Director of Human Resources, Benefits Manager
CONSTRUCTION
If this Plan contains contradictory provisions or if there appears to be a conflict between its
provisions, the following rules apply:
a. The interpretation that favors the Plan as a tax-free plan over any interpretation that
might render the Plan taxable.
b. Subject to paragraph (a), the rules established by the Supreme Court of California
for the construction of like instruments will apply.
PLAN PARTICIPATION RIGHTS
As a participant in the plan, you are entitled to examine, without charge, at the Plan
Administrator's office all plan documents including insurance contracts; obtain copies of all
Plan Documents (at a reasonable cost) and other Plan information upon request to the
Administrator.
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PLAN IS NOT AN EMPLOYMENT CONTRACT
This plan document is not a contract of employment. Neither the creation of the Plan nor
any amendment to it gives any legal or equitable right to any person against the employer.
Participation in the Plan does not give any member any right to continued employment.
PLAN ADMINISTRATOR
The Plan Administrator is the Director of the Human Resources Department or his/her
designees. The address of the Plan Administrator is:
276 Fourth Avenue
Chula Vista, CA 91910
Telephone: (619) 691-5096
PLAN AMENDMENT OR TERMINATION
The City of Chula Vista reserves the right to amend the Plan from time to time if deemed
necessary or appropriate to meet the requirements of the Internal Revenue Code and any
similar provision of subsequent revenue or other laws or pursuant to negotiations with the
Employee groups; provided that no such modification or amendment shall make it possible
for any benefit contributions or payment to be used for, or directed to purposes other than
for the exclusive benefit of participating employees and their beneficiaries under the Plan.
The City reserves the right to discontinue or terminate the Plan at the end of any Plan Year
or in accordance with negotiations with the Employee Groups. Any such amendment,
discontinuance or termination shall be effective on January 1 of any given year or such
date that is agreed upon by the City and Employee Groups. No amendment,
discontinuance or termination shall allow the return of funds to the City or the use of any
funds for any purpose other than for the exclusive benefit or participating employees and
their beneficiaries.
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RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE CITY OF CHULA VISTA
CAFETERIA BENEFITS PLAN FOR 2007
WHEREAS, the Internal Revenue Code requires that employers offering cafeteria plans
under Section 125 have a written plan document and that the employer adopt the plan document
annually; and
WHEREAS, in June 1998, Council authorized updates to the City's flexible benefit plan in
compliance with Internal Revenue Service guidelines; and
WHEREAS, the document attached for formal adoption is the result of the meet and confer
process and the 2007 Plan Document ("Plan") presented contains the health, dental, vision, life and
flexible spending account options for Plan Year 2007; and
WHEREAS, the Plan has been updated to reflect the 2007 beginning Flex Plan amounts,
current health, dental and vision care plan options, and other changes to comply with current IRS
regulations related to Section 125 Plans (i.e., definition of qualified change in family status and
access to Plan while on FMLA).
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby adopt the City of Chula Vista Cafeteria Benefits Plan for 2007 as set forth in Attachment A.
Presented by
Approved as to form by
~~~~\\..
Ann Moore
City Attorney
Marcia Raskin
Director of Human Resources
J :\AttomeyIRESOIBENEFITSICafeteria Plan 2007.doc
8-14
COUNCIL AGENDA STATEMENT
Item: q
Meeting Date: 12/05/06
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA TO TRANSFER APPROPRIATIONS
BUDGETED FOR THE FY05 STATE HOMELAND
SECURITY GRANT PROGRAM TO THE PROPER
EXPENDITURE CATEGORIES IN ORDER TO MAKE
REQUIRED PURCHASES AND FULLFILL GRANT
REQUIREMENTS
REVIEWED BY:
Information Technology Services Direct#
Fire ChiefJ:>Af
. ~
City Manager {jl {4/5ths Vote: Yes]LNo -l
SUBMITTED BY:
The Information Technology Services (ITS) Department is requesting the transfer
of budgeted appropriations for the FY05 State Homeland Security Grant Program
from the personnel services category to the supplies and services and capital
expenditure categories within the ITS Departmental budget. The transfers are
required in order to make necessary purchases and fulfill grant requirements.
RECOMMENDATION: That the Council adopt the resolution approving the
transfer of budgeted appropriations within the ITS Department as follows:
. Transfer $32,000 within the personnel services expenditure category from
the reimbursed overtime account to the hourly wages account.
. Transfer $12,400 from the personnel services account expenditure
category to the supplies and services expenditure category.
. Transfer $39,500 from the personnel services account expenditure
category to the capital expenditure category.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: On 1/17/2006 the Council approved funding in the amount of
$100,794 for the FY05 State Homeland Security Grant Program. These funds
were carried over into the FY2006/07 budget. Initially these funds were
9-1
Item: q
Meeting Date: 1'2./05/0I.P
designated to be used for planning and exercises for general disaster
preparedness and counter terrorism. The Disaster Preparedness division was
going to use these funds to reimburse for overtime cos,ts related to training and
exercises attended by safety personnel. However, staff is now recommending
that these funds be used to develop a pre-plans GIS based mapping project and
to purchase computer equipment to support the implementation of a reverse 911
system. Once completed, the pre-plans mapping system will enable the City's
public safety personnel to have automated mapping information of the layouts of
target occupancies within the city. These occupancies will include: businesses,
schools, hospitals, and apartment/condominium complexes. This information will
increase safety, as it will provide public safety personnel with advance notice of
the potential hazards that may be encountered as they respond to calls for
service. Upon completion of this project, information will be readily available via
the mobile data computers that are carried by public safety personnel. The
development of this system will also provide a valuable training tool for fire
personnel who will be walking the mapped sites as they gather the data for this
project.
The transfers of budgeted appropriations are requested in order to purchase the
required equipment and services for the preplans mapping project and the
reverse 911 system. Both of these projects are within the eligible scope of the
FY 05 State Homeland Security Grant Program.
DECISION MAKER CONFLICTS: Staff has reviewed the decision contemplated
by this action and has determined that it is not site specific and consequently the
500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not
applicable to this decision.
FISCAL IMPACT: Funds for this proposal are currently budgeted. There is no
fiscal impact related to the approval of this recommendation.
9-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA TO TRANSFER APPROPRIATIONS
BUDGETED FOR THE FY05 STATE HOMELAND:SECURITY
GRANT PROGRAM TO THE PROPER EXPENDITURE
CATEGORIES IN ORDER TO MAKE REQUIRED
PURCHASES AND FULLFILL GRANT REQUIREMENTS
WHEREAS, the City Council of the City of Chula Vista approved
funding in the amount of $100,794 for the FY05 State Homeland Security
Grant Program; and,
WHEREAS, these funds were designated to be used for planning
and exercises for general disaster preparedness and counter terrorism; and,
WHEREAS, the Disaster Preparedness division was initially going
to use these funds to reimburse for overtime costs related to training and
exercises attended by safety personnel; and,
WHEREAS, staff is now recommending that these funds be used
to develop a pre-plans GIS based mapping project and to purchase
computer equipment to support the implementation of a reverse 911
system; and,
WHEREAS, the ITS Department is requesting that transfers of
budgeted appropriations are approved in order to complete purchases
related to these projects and fulfill the FY05 State Homeland Security
Grant Program requirements; and,
WHEREAS, the completion of the pre-plans GIS based mapping
project and the implementation of the reverse 911 system will enhance the
public's safety; and
NOW, THEREFORE, BE IT RESOLVED THAT THE City
Council of the City of Chula Vista does hereby approve the transfer of
budgeted funds within the its department related to the administration of
the FY05 State Homeland Security Grant Program transfers as follows:
Transfer $32,000 within the personnel services expenditure category from
the reimbursed overtime account to the hourly wages account.
Transfer $12,400 from the personnel services account expenditure
category to the supplies and services expenditure category.
9-3
Transfer $39,500 from the personnel services account expenditure
category to the capital expenditure category.
Presented by:
Approved as to fGlnn by:
~1i&~~
Moore /' I
CIty Attorney
H:SharedlAttomeylFire-FY05 State Homeland Security Grant Program
9-4
COUNCIL AGENDA STATEMENT
Item No.: lO
Meeting Date: 12/<;/01'i
SUBMITTED BY:
Resolution of the City Council of the City of Chula Vista approving a
three-party agreement between the City of Chula Vista; Terry A. Hayes
Associates LLC, Consultant; and CV -42 Investments, LLC, Applicant,
related to preparation of an Environmental Impact Report for the
Riverwalk Project, and authorizing the Mayor to execute said agreement.
Director of PI arming and Buildin~
Interim City Manager f
(4/5ths Vote: Yes-.No..-X-)
ITEM TITLE:
REVIEWED BY:
CV-42 Investments, LLC (Applicant) has filed an application for the Riverwalk project. The
Environmental Review Coordinator has determined that the proposed project requires the
preparation of an Environmental Impact Report (EIR). The item before the City Council is a
request for the City Council to approve the proposed Applicant-funded contract with Terry A.
Hayes Associates LLC for an amount not to exceed $182,615 to provide consultant services for
the preparation of the Riverwalk EIR.
RECOMMENDATION:
That the City Council adopt a Resolution approving a three-party agreement between the City of
Chula Vista; Terry A. Hayes Associates LLC, Consultant; and CV-42 Investments, LLC, Applicant,
for consulting services related to the preparation of an EIR for the Riverwalk project, and
authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/ A
DISCUSSION:
R~~kgrnllnd
The Applicant has submitted an application for the processing of the Riverwalk project, including a
General Plan Amendment, Planned Community Zone Reclassification (including General
Development Plan, Sectional Plarming Area (SPA) Plan, and District Zoning Regulations),
Preliminary Grading Plan, Tentative Subdivision Map, and Design Review. Pursuant the California
Environmental Quality Act (CEQA) the Environmental Review Coordinator has determined that
the proposed project requires the preparation of an EIR. Planning and Building Department staff
does not have the available time or particular expertise to prepare the needed EIR. Therefore, the
Applicant must enter into a three-party agreement for the preparation of the CEQA documentation.
10-1
Page 2, Item No.: \ V
Meeting Date: 12/5/06
The 61. 12-acre project site is located in the City of Chula Vista on the southwest quadrant of the
SR-54 and I-80S freeway interchange and east of Second Avenue. The site is located in Chula
Vista's Northwest Planning Area, along the northern City bounctary. The majority of the project
site is in private ownerships (totaling 46.7 acres), and approximately 14.4 acres are owned by
the City of Chula Vista Redevelopment Agency. The project site is presently vacant with the
exception of an area in private ownership along the western portion of the site that contains a
KOA campground facility.
The Applicant proposes to develop between 450 and 600 attached and detached dwelling units,
which would be up to three-stories in height. A percentage of the dwelling units will be
designated as affordable housing. Additionally, the proposed development will contain a
community park and a community purpose facility.
rrtl1!'mlt;.mt S~rv;c.p.~ Sp.l~c:ticm Prnr.p.~~
On August 16,2006, the Environmental Review Coordinator distributed a Request for Proposals
(RFP) to the Association of Environmental Professionals and to all consulting firms listed on the
City's list of Qualified Environmental Consultants, inviting prospective Consultants to submit
proposals for the proposed Riverwalk EIR.
A Selection Committee was established pursuant to Section 2.56.110 of the Municipal Code to
review the proposals and conduct interviews of the most qualified firms based on established
evaluation criteria. The City received four proposals. The Selection Committee reviewed and
ranked the proposals based on company experience, quality of management team, capacity to
perform the work, proj ect understanding, proposal quality and clarity, and competitive billing rates.
The Selection Committee interviewed all four firms and recommended TARA to perform the
required services.
Terry A. Hayes Associates LLC (TARA) is uniquely qualified to serve as the Environmental
Consultant for this contract based on their familiarity with the urban nature of the site, their
redevelopment experience, technical expertise in the areas of noise, air quality and Health Risk
Assessments, and their demonstrated familiarity with project features and requirements. TARA
is very experienced in analyzing complex issues and preparing EIRs that are adequate under
CEQA. TARA represents that they are experienced and staffed in a manner such that they can
prepare and deliver the required services to the City of Chula Vista within the necessary
timeframes.
The Environmental Review Coordinator has negotiated the details of these agreements ill
accordance with the Environmental Review Procedures.
S~"r" "fWork
TARA will function as the Environmental Consultant to the City of Chula Vista under a three-
10-2
Page 3, Item No.: 10
Meeting Date: 12/'::;10/\
party agreement with the Applicant and under the supervision of the City's Environmental
Review Coordinator. The general responsibilities of the Enviror.unental Consultant will include
the following: .
. Review ofthe available project information;
. Preparation of air quality and noise technical reports;
. Preparation of Screencheck draft and final EIRs;
. Preparation ofresponses to comments received during public review;
. Preparation of Findings, Statement of Overriding Considerations, if required, and the
Mitigation Monitoring Reporting Program; and
Attendance at team meetings and public hearings.
The scope of work for this contract covers the preparation of an EIR that will evaluate the potential
impacts associated with the proposed Riverwalk SPA Plan and Tentative Subdivision Map.
rrmtr::lc:t P~ymf>nt
The total cost of the contract for consulting services is $182,615, which includes a 25%
contingency ($36,523) for additional services to cover unforeseen issues that may arise during
preparation of the EIR and if determined to be necessary by the City's Environmental Review
Coordinator. The project applicant will pay all consultant costs, as well as reimburse any City
staff time associated with preparation of the EIR through a separate deposit account.
The City Attorney's Office has reviewed and approved the form of the contract.
DECISION-MAKER CONFLICTS:
Staff has reviewed the property holdings of the City Council and has found no such holdings
within 500 feet of the property which is the subject of this action.
FISCAL IMPACT:
There will be no resulting impact to the General Fund. CV-42 Investments, LLC will fully
compensate the consultant and City staff time through deposit accounts.
Attachments:
1. Three Party Agreement between the City of Chula Vista, TAHA, and CV-42
Investments, LLC
10-3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA; TERRY A. HAYES ASSOCIATES, LLC, CONSULTANT;
AND CV-42 INVESTMENTS LLC, APPLICANT, RELATED TO
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
RIVERWALK SECTIONAL PLANNING AREA (SPA) PLAN AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the Applicant has submitted an application for the processing of the
Riverwalk Project;
WHEREAS, pursuant the California Environmental Quality Act (CEQA) the
Environmental Review Coordinator has determined that the proposed project requires the
preparation of an EIR;
WHEREAS, on August 16, 2006, the Environmental Review Coordinator distributed a
Request for Proposals (RFP) to the Association of Environmental Professionals and to all
consulting firms listed on the City's list of Qualified Environmental Consultants, inviting
prospective Consultants to submit proposals for the proposed RiverwaIk EIR;
WHEREAS, four proposals were submitted to the City in response to the RFP;
WHEREAS, a Selection Committee was established pursuant to Section 2.56.110 of the
Municipal Code to review the qualifications and conduct interviews of the most qualified firms
based on established evaluation criteria;
WHEREAS, the Selection Committee interviewed all four firms and recommended Terry
A. Hayes Associates, LLC. to perform the required services for the City;
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with the Environmental Review Procedures;
WHEREAS, the Applicant has deposited or will deposit funds for the consulting services
necessary for the preparation of the environmental documents;
WHEREAS, Terry A. Hayes Associates, LLC. is uniquely qualified to serve as the
Environmental Consultant for this contract based on their familiarity with the urban nature of the
site, their redevelopment experience, technical expertise in the areas of noise, air quality and
Health Risk Assessments and their demonstrated familiarity with project features and
requirements;
10-4
WHEREAS, Terry A. Hayes Associates, LLC. represents that they are experienced and
staffed in a manner such that they can prepare and deliver the required services to the City of
Chula Vista within the necessary timeframes; and
WHEREAS, the proposed contract with Terry A. Hayes Associates, LLC. to provide
consultant services would be in an amount not to exceed $146,092 with an additional $36,523 for
additional services should they be necessary. .'
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the three-party agreement between the City of Chula Vista; Terry A.
Hayes LLC (Consultant), and CV-42 Investments, LLC (Applicant) to prepare an EIR for the
Riverwalk Project.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista.
James D. Sandoval
Director of Planning and Building
Approved as to form by
tf;t.UIJQ" JW
l\nn oore i
City Attorney
Presented by
10-5
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
~~b~tu~~
Ann Moore
City Attorney
Dated:
11~30-0y
Three-Party Agreement between
City of Chula Vista,
Terry A. Hayes Associates, LLC, Consultant, and
CV-42 Investments LLC, Applicant
F or Consulting Work to be
Rendered with regard to Applicant's
Riverwalk Sectional Planning Area (SPA) Plan
10-6
Three-Party Agreement
Between
City of Chula Vista,
Terry A. Hayes Associates LLC, Consultant, and
CV-42 Investments, LLC, Applicant
For Consulting Work to be Rendered with regard tb Applicant's Project
1. Parties.
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation of the State ofCalifomia, the person designated
on the attached Exhibit A as "Consultant", Terry A. Hayes Associates LLC, whose business form
and address are indicated on the attached Exhibit A, and the persons collectively designated on the
attached Exhibit A as "Applicant", CV-42 Investments, LLC, whose business forms and addresses
are indicated on the attached Exhibit A, and is made with reference to the following facts:
2. Recitals. Warranties and Representations.
2.1. WarrantvofOwnership.
Applicant warrants that Applicant is the owner of approximately 61.92 acres of land
("Property") commonly known as, or generally located as, described on Exhibit A, Paragraph 1, or
has an option or other entitlement to develop said Property.
2.2. Applicant desires to develop the Property with the Proj ect described on Exhibit A,
Paragraph 2, and in that regard, has made an application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, work of the general nature
and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the application
within the time frame requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable
for the costs of retaining, Consultant, who shall perform the services required of Consultant by this
Agreement solely to, and under the direction of, the City.
2.6. Additional facts and circumstances regarding the background for this agreement are set
forth on Exhibit B.
11/28/2006
Three Party Agreement
Page 1
10-7
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO BY AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment ofConsultailt bv Applicant.
.'
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the
services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all of the services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonably necessary to accomplish said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all within the time frames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable
period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of
this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional 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, at
its own cost and expense except for the compensation and/or reirnburs=ent, if any, herein promised,
and shall furnish all of the labor, technical, administrative, professional and other personnel, all
supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and
facilities, calculations, and all other means whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or proper to perform and complete the
work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's
billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if
checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or
in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for
11/28/2006
Three Party Agreement
Page 2
10-8
the compensation unless it receives same from Applicant. Applicant shall not make any payments of
compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines
that additional services (" Additional Services") are needed from Consultant of the type Consultant is
qualified to render or reasonably related to the Services Consultant is otherwise required to provide
by this Agreement, the Consultant agrees to provide such additional services on a time and materials
basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise
agreed upon in writing for said Additional Work between the parties.
3.2.1.1. In the event that the City shall determine that additional work is
required to be performed above and beyond the scope of work herein provided, City will consult with
Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange
and pay for said Additional Services, the City may, at its option, suspend any further processing of
Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the
additional work which the City determines is or may be required. Applicant shall pay any and all
additional costs for the additional work.
3.2.2. Reductions in Scope ofW ork. City may independently, or upon request from
Consultant, from time to time reduce the 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.
Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time
and materials budgeted by Consultant for the Services deleted.
3.3. Security for Pavment of Compensation bv Ap1llicant.
3.3 .1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on
Exhibit C and as hereinbelow set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3 .1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned
during the period on its general fund.
11/2812006
Three Party Agreement
Page 3
10-9
3.3 .1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within 30 days after of the use of
the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein
authorized.
3.3 .1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in
order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement,
City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's
duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant represents that it and its agents, staff and subconsultants 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" orbetter, or shall
meet with the approval of the City:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City and
Applicant 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 and Applicant in the same
manner as members of the general public ("Cross-liability Coverage").
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
11/28/2006
Three Party Agreement
Page 4
10-10
4.2. Proof of Insurance Coverage.
4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agreement, by delivery
of Certificates of Insurance demonstrating same, and further indicating that the policies may not be
canceled without at least thirty (30) days written notice to the Additional Insured.
4.2.2. 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 and
Applicant demonstrating same:
4.2.3 Security for Performance - Performance Bond. In the event that the need for a
Consultant to provide a Performance Bond arises, 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, htto://www.fms.treas.gov/c570, and whose underwriting liroitation 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 shall be indicated in an attachment
as "Performance Bond" Exhibit.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present
lectures on the Proj ect, either during the course of the study or after its completion, except on written
concurrence ofthe City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant.
11/28/2006
Three Party Agreement
Page 5
10-11
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7.
5.2. Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall
promptly repair any damage to the subject property occasioned by such entry and shall indemnifY,
defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in
connection with or arising from any such entry and access.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement.
7. Conflicts of Interest.
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, 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 his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
7 .2. 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.
11/28/2006
Three Party Agreement
Page 6
10-12
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant'~ duties under this agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will not acquire, obtain, or assume an economic interest during the
term of this Agreement which would constitute a conflict of interest as prohibited by the Fair
Political Practices Act.
7.5. 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 AttomeyofCity 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.
7.6. Soecific 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 the property which is the subject matter ofthe Project,
or in any property within lO radial miles from the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest").
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 by Applicant or by any other party as a result of 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.
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.
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8. Default of the Consultant for Breach.
This agreement may be terminated by the City for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time. Termination of this agreement because of a default of the- Consultant shall not relieve the
Consultant from liability of such default.
9. City's Right to Terminate Payment for Convenience. Documents.
9.1. Notwithstanding any other section or provision of this agreement, the City shall have
the absolute right at any time to terminate this agreement or any work to be performed pursuant to
this agreement.
9.2. In the event of termination of this agreement by the City in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, less the aggregate of all sums
previously paid to the Consultant for services performed after execution of this agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in performance of this agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control
or direction over Consultant's work.
10. Administrative Claims Requirement and Procedures.
No suit 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 ofChula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as if set fully set forth herein.
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11. Hold Harmless and Indemnification.
11.1. Consultant to Indemnify City and Applicant re Iniuries.
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 (I) those claims, damages, liability, costs and expenses (including without limitation,
attorney fees) arising from the sole negligence or sole willful misconduct of the City its officers,
employees, or (ii) with respect to losses arising from Consultant's professional errors or omissions,
those claims arising from the negligence or willful misconduct of City its officers, 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.
11.2. Applicant to Indemnify City re Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any and
all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers,
employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting from or
arising out of the refusal to pay compensation as demanded by Consultant for the performance of
services required by this Agreement.
12. Business Licenses.
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title.5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent Citv.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual agreements whatsoever.
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13.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United States
mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested,
at the addresses identified for the parties in Exhibit A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice ofan event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the same,
similar or other circumstances.
13.4. 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.
13.5. 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; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
13.6. Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of Cali fomi a, 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 ofChula Vista.
13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given.
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13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
de=ed to be an original but all of which, when taken together shall constitute but one instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereof.
13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained. The making or the acceptance of a payment by either party with knowledge of the
existence of a breach shall not operate or be construed to operate as a waiver of any such breach.
13.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agre=ent and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
14. 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
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property of City. No such materials or properties produced in whole or in part under this Agreement
shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any
other country without the express written consent of City. City shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions ofthe 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 Agreet;lent.
(End of Page. Next Page is Signature Page.)
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Signature Page To
Three-Party Agreement
Between
City of Chula Vista,
Terry A. Hayes Associates LLC, Consultant, and
CV-42 Investments, LLC, Applicant
For Consulting Work to be Rendered with regard to Applicants' Project
NOW THEREFORE, the parties hereto, having read and understood the terms and conditions
of this agreement, do hereby express their consent to the t=s hereofby setting their hand hereto on
the date set forth adjacent thereto.
Dated:
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to Form:
Ann Moore, City Attorney
Dated:
Consultant: Terry A. Hayes sso' ates, LLC
By:
Terry A. HayeS
Principal
Dated: //-~9-C0
Applicant: CV -~2 Inv~~~ents, LLC
///.'/ /;........... /"-':!~''''''-- ,
" / /' J "~I "
il j/ I .: /44'1 _____
By: "vi I ! ,;,;;v !~
Bin dstrem /1 ~ F
Manager
Three Party Agreement
Page 13
10-19
Exhibit A
Reference Date of Agreement:
Date of City Council Approval of Agreement
Effective Date of Agreement:
Date of City Council Approval of Agreement
City: City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA ~1910
Consultant: Terry A. Hayes Associates, LLC
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Address: 8522 National Boulevard, Suite 102, Culver City, CA 90232
Applicant: CV-42 Investments, LLC
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Address: 5075 Shoreham Place, Suite 240, San Diego, CA 92122
1. Property (Commonly known address or General Description):
The Application covers approximately 61.92 acres located at the southwest quadrant of the SR-54
and 1-805 interchange and east of Second Avenue. The site is bordered on the north by the
Sweetwater River channel and the SR-54/I-805 freeway interchange. The 1-805 right-of-way is
located to the east of the site. The site is bordered on the south by residential development and on
the west by Second Avenue and residential development.
2. Project Description ("Project"): The proposed project will consist of redesignating the site from
Open Space-Active Recreation to Medium Residential (6-11 dwelling units (du) per gross acre) and
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Parks and Recreation. The residential component of the proj ect will consist of between 450 and 600
dwelling units. A 15- to IS-acre community park and approximately 2-acre Community Purpose
Facility (CPF) are proposed.
3. Entitlements applied for: General Plan Amendment, Planned Community Zone Reclassification
(including General Development Plan, Sectional Planning Area (SPA) Plan, and District Zoning
Regulations), Preliminary Grading Plan, Tentative Subdivision M'ap, and Design Review.
4. General Nature of Consulting Services ("Services--General"):
Consultant shall prepare an Environmental hnpact Report (ElR) for the Riverwalk project in
accordance with the City of Chula Vista Environmental Review Procedures; with the criteria,
standards and procedures of the California Environmental Quality Act (CEQA) of 1970, as amended,
(public Resources Code Sections 21000 et seq.) and the CEQA Guidelines (Public Resources Code
Section 15000 et seq.); and with other applicable regulations, requirements and procedures of any
other responsible public agency or any agency with jurisdiction by law. If there are conflicts between
the City of Chula Vista's requirements and those of any other agency, the City of Chula Vista's shall
prevail when the City is the Lead Agency. All work performed by Consultant shall be to the
satisfaction of City's Environmental Review Coordinator.
5. Detailed Scope of Work ("Detailed Services"):
Consultant shall prepare an ElR for the Riverwalk project. Consultant shall consult with all trustee
and responsible agencies, agencies having jurisdiction by law and any other person or organization
having control over or interest in the Development as necessary to ensure that the ElR is current and
complete as to issues raised by such agencies. The Draft and Final ElR shall be prepared in such a
manner that they will be meaningful and useful to decision-makers and to the public. Technical data
is to be summarized in the body of the report and placed in an appendix. All documents shall be
prepared in Microsoft Word.
Consultant shall compile supporting documents into separate volume( s) to be referred to as the
Appendices to the ElR. The Appendices shall include the Notice of Preparation (NOP), responses to
the NOP and any technical reports and relevant technical information generated for the ElR.
The Detailed Services to be provided are described below:
Proiect Start-Up and Initiation
The Consultant shall attend a start-up meeting with the City to establish communication protocols,
confirm their understanding ofthe project, discuss key issues, review the schedule of deliverables,
and collect plans and documents. Following the start-up meeting and a thorough review of project
plans, the Consultant shall prepare a memorandum identifying outstanding information required to
complete the project description for the ElR. Upon receipt of the requested information, the
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Consultant shall prepare a draft project description and submit it to the City for review. The draft
proj ect description shall include a text narrative supported by graphics.
In addition, the consultant will develop baseline data for use in the environmental analysis. This will
include collection and review of relevant planning documents and environmental studies and
regulations, including but not limited to, the updated City's General Plan and associated EIR, and
applicant-prepared support documents and technical studies. In assembling baseline information for
the EIR, the Consultant will maximize use of existing data. As part of this task, the Consultant will
conduct general surveys of the site and vicinity to document existing conditions through notation,
photography, and mapping.
Initial Study and Notice of Preparation
The Consultant shall prepare an Initial Study to establish the scope of the EIR. Because a decision
has been made to prepare an EIR, and it is clear that a comprehensive set of issues will need to be
addressed, the Initial Study will not involve in-depth analysis, but will concisely indicate areas of
potential impact and the focus of the technical issue analyses that will be incorporated into the EIR.
If it is determined that certain issues do not warrant evaluation in the EIR, sufficient analysis will be
provided to substantiate this determination. The Initial Study will be prepared using the City's
current Environmental Checklist form with explanations and sources provided to support the
determinations made on the checklist. The Consultant will prepare a Notice of Preparation (NOP) in
accordance with the City format, including the project setting, background, description, list of
discretionary actions and a discussion of the environmental effects to be addressed in the EIR.
Typical attachments to the NOP include a regional and vicinity map, conceptual land use map if
available and the list of agencies and organizations to receive the NOP. The latter will be prepared
by the City. The Consultant will submit a Screencheck Initial Study along with the NOP to the City
for review and will make revisions based on City comments. Following approval by the City, the
Consultant will produce the Initial Study and the NOP for distribution by the City.
Other CEOA Notices
At the completion of the Draft EIR preparation stage, consultant will prepare a draft and final Notice
of Completion (NOC) in the form presented in the most recently updated California Environmental
Quality Act (CEQA) Guidelines. The final NOC will reflect City comments on the draft NOC and
will be distributed with the Draft EIRs by the City.
After the City certifies the EIR, the Consultant will prepare a draft and final Notice of Determination
(NOD) in the form presented in the most recently updated CEQA Guidelines. The final NOD will
reflect City comments on the draft NOD and will be posted with the County Clerk by the City. In
addition, the Consultant will prepare a draft and final California Department of Fish and Game
Certificate offee exemption. The fmal certificate will reflect City comments on the draft certificate
and will be posted with the NOD by the City.
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Technical Studies
Air Quality Technical Report
The Consultant shall prepare an air quality analysis to analyze the potential for air quality impacts
resulting from short-term construction as well as long-term emis~ons from implementation of the
proposed project. The report will be included as a technical appendix to the EIR. The air quality
analysis will also evaluate the potential for carbon monoxide (CO) "hotspots" to existing nearby
existing and future sensitive receptors. The analysis will also identif'y traffic-generated emissions
that may impact sensitive receptors in the absence of mitigation measures. The air quality analysis
prepared by the Consultant shall:
. Discuss pertinent air quality statutes and regulations at the local, regional, state and federal
level;
. Describe regional meteorology and local conditions as measured at the relevant SDAPCD
Monitoring Station;
. Define Thresholds of Significance based on City and SDAPCD criteria and guidelines;
. Evaluate construction emissions from building demolition, construction equipment, any
earthmoving operations, construction worker and delivery trips and the use of building
materials that may release criteria pollutants, such as volatile organic compounds (VOCs).
All emissions will be calculated on a daily and quarterly basis. Consultant shall coordinate
with the City or Applicant regarding development of construction modeling assumptions;
. Assess mobile source emissions, including but not limited to quantification of emissions
from project-generated traffic using regional travel characteristic data obtained from
SANDAG and the SDAPCD and the EMF AC2002 emission factor model;
. Assess regional stationary source emissions, including but not limited to quantification of
emissions from electricity production and natural gas consumption;
. Analyze traffic effects on localized carbon monoxide concentrations. Impacts will be
determined based on the potential for proj ect emissions to exceed Federal and State ambient
one-hour and eight-hour carbon monoxide (CO) concentrations. This evaluation will be
conducted at up to 20 intersections, with and without the impact of project development,
utilizing the CALINE 4 model;
. Assess conformance with applicable air quality plans and policies, including but not limited
to the RAQS, Transportation Control Measure (TCM), and City's CO2 Reduction Plan;
. Develop mitigation measures where appropriate to address significant air quality impacts;
and
. Conduct a Health Risk Assessment (HRA) in accordance with the City's methodology to
evaluate potential health risk impacts due to increased levels of emissions from stationary
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and mobile sources and construction and operation emissions. The assessment will address
sensitive uses within 500 feet of the adjacent I-80S and SR-54 freeways. The HRA will be
included as part of the air quality technical report and will be summarized in the EIR.
Noise Technical Study
The Consultant shall conduct a noise study to evaluate the extent to which noise associated with
short-term construction activities, traffic circulation, and other aspects of project operations
impact noise sensitive uses. The report will be included as a technical appendix to the EIR. The
Consultant shall:
. Discuss local plans, regulations, ordinances, and guidelines related to community noise and
ground-borne vibration;
. Survey and map noise-sensitive land uses near the project site and along the proposed
construction haul route. In addition, Consultant shall identify existing noise sources present
within the area that may affect proposed sensitive uses. Consultant shall conduct two 48-
hour noise measurements to establish the ambient noise level within the project site and
surrounding area;
. Predict construction-period noise impacts by: (1) utilizing published construction equipment
noise level data to characterize the noise source, and (2) applying industry standard distance
attenuation and barrier insertion loss formulas to estimate construction noise levels.
Construction-period noise will then be compared to the ambient noise level at each receptor
location to determine significance;
. Evaluate potential mobile-source and stationary-source noise impacts related to development
of the proj ect. Roadway noise impacts will be evaluated at up to 20 roadway segments using
a roadway noise prediction model. Stationary-source noise impacts (e.g., noise from on-site
mechanical equipment) will be evaluated using standard sound-distance attenuation and
barrier insertion loss calculation formulas. This analysis will be conducted for up. to three
scenarios (e.g., Existing, Future No-Project, and Future with Project);
. Determine impacts based on ambient noise measurement data and whether proposed land
uses are considered noise compatible. This will include an assessment of potential noise
issues associated with areas of vertically and horizontally mixed residential and commercial
use proposed within the SPA; and
. Develop appropriate mitigation measures where significant impacts are identified.
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Draft Ern Preparation
The Consultant shall prepare the fIrst screencheck Draft EIR for review by the City of Chula Vista.
The EIR will be written in compliance with the criteria, standards and procedures of the CEQA
Statute and Guidelines, as well as the Environmental Review Procedures of the City of Chula Vista
and the regulations, requirements and procedures of any other responsible public agency with
jurisdiction by law. In general, the Draft EIR and associated technical studies shall assemble all
available data, originate new studies and provide an assessment of the probable short- and long-term
cumulative impacts of the project. In addition, the Draft EIR shall provide an evaluation of all
feasible mitigation measures, which could be carried out to reduce or eliminate adverse impacts of
the proposed project. The Draft EIR, where appropriate and as directed by City staff, shall also
analyze all feasible alternatives to the project as proposed.
The Consultant shall prepare the EIR in the following format:
Table of Contents. This section provides a list of the EIR contents, including a list of tables and
exhibits.
Executive Summary. This section provides an overview of the proposed project, and the key
conclusions set forth in the EIR regarding environmental impacts and mitigation measures. It will
summarize the background and need for the proj ect, required discretionary actions, any known areas
of controversy, and the objectives and basic characteristics of the project. The Executive Summary
will identify and briefly discuss the environmental impacts associated with implementation of the
project (whether benefIcial or adverse, signifIcant or less than signifIcant), and will contain a
summary analysis of alternatives to the project. The Executive Summary will also include a table
identifying all of the issues evaluated, their impacts, corresponding mitigation measures, and the
level of impact signifIcance after mitigation.
Introduction. This section describes the purpose, scope and legislative authority of the EIR, the intent
of CEQA and other pertinent environmental rules and regulations, and the environmental review
process. The section will also include the structure, required contents and relationship of the EIR to
other potential responsible or trustee agencies. The EIR's relationship to previously prepared
documents will be described.
Environmental Setting. This section will provide an overview of the local and regional
environmental setting for the project, including a description of physical conditions and natural
resources in the project vicinity and from a regional perspective. This section will identify
applicable plans and policies related to the project and defIne the related projects and/or growth
factor assumptions used as the basis for the cumulative impact analyses.
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Proiect Description. The scope of work for this section of the EIR will include the following:
. Location and Boundaries: This subsection shall provide a description of the size,
boundaries, and location of the project at the local and regional level. Supporting
graphics will be provided.
. Statement of Objectives: This subsection shall defme the objectives and underlying
purpose of the project. It is assumed that these objectives will be developed jointly
between the applicant and the City and will most likely reflect planning, environmental,
and economic goals. The Statement of Project Objectives, in conjunction with an
identification of the Project's significant impacts, will provide the basis for selecting a
reasonable range of project alternatives to be evaluated within the EIR.
. Project Characteristics: This subsection shall provide an overview of the project and
describe its specific attributes. Proj ect characteristics will be described based on a draft
SPA Plan, Tentative Lotting and Grading Plan, Planned Community District Regulations,
and other relevant descriptive information provided by the applicant. This section will
also state the time frame for proj ect construction and phasing, required discretionary
actions and approvals, agencies expected to use the EIR, and any federal, state or local
environmental review and consultation requirements related to the CEQA process.
Environmental Impact Analvsis. For each environmental issue to be analyzed in the ElR, this section
will provide an analysis based on the following structure:
. Existing Environmental Setting,
. Thresholds of Significance,
. Impacts,
. Level of Significance Prior to Mitigation,
. Mitigation Measures
. Level of Significance after Mitigation.
The assessment of environmental impacts will be consistent with CEQA and the CEQA Guidelines
(Section 15126). The following are the environmental issues that are anticipated to be addressed in
the EIR:
Land Use, Planning and Zoning: The land use analysis would include discussion of potential
impacts to existing adjacent offsite land uses and land use intensities, as well as land use plans and
policies. Therefore, the analysis will contain a comparative analysis of both "plan-to-ground," or
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physical impacts that the project would have on existing uses, as well as "plan-to-plan" impacts to
make sure that all potential environmental effects related to land use and planning are considered.
Section 15125 (d) of the CEQA Guidelines requires that a discussion of inconsistencies between the
proposed project and applicable general plans and regional plans be provided (the "plan-to-plan"
analysis). The consistency analysis for the proposed project with applicable plans, policies and
regulations would be provided in the EIR. The plans, policies and'regulations that are applicable to
the proposed project that would be discussed in the Land Use and Planning section, include but may
not be limited to:
. City ofChula Vista General Plan
. City of Chula Vista Growth Management Ordinance
. Zoning Ordinance
. Proposed Urban Core Specific Plan
. Redevelopment Agency's Five- Y ear Implementation Plan
This section will also acknowledge the proximity of the site to the City of National City and County
of San Diego jurisdictions, and discuss land use compatibility issues related to these jurisdictions.
The analysis will identifY significant impacts, if any, and provide mitigation measures as appropriate
to minimize significant impacts.
Landform Alteration and Aesthetics: This section will include a detailed evaluation of landform,
community character, and views of the site from adj acent areas. Information that will be used to
evaluate visual impacts of the project, include but may not be limited to: the existing and proposed
site elevation, mass and scale of the proposed project and architectural design, photosimulations
prepared by the Consultant, data from the site plan, landscape elements, other available information
from the project applicant and other major physical elements that will have high visual prominence,
including signage. Consultant will conduct field investigations and analyze the project's visibility,
view corridors, scenic resources, light/glare conditions, shadow conditions, and likelihood ofproject
elements contrasting with existing visual quality and community character. The analysis will
identify significant impacts, if any, and provide mitigation measures as appropriate to minimize
significant impacts.
Noise: This section of the EIR shall summarize the results of the City-approved Noise Technical
Report prepared by the Consultant, as described above. The final Noise Technical Report will be
included as an appendix to the EIR.
Air Quality: This section of the EIR shall summarize the results of the City-approved Air Quality
Technical Report prepared by the Consultant, as described above. The final Air Quality Technical
Report will be included as an appendix to the EIR
Transportation, Circulation and Access: The Consultant will review the traffic study provided by
the City and incorporate the fmdings of the technical traffic report into the traffic section of the EIR.
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This section will identify potential construction and operational traffic impacts resulting from the
proposed project and recommend mitigations measures as necessary to minimize significant impacts.
The traffic study will be appended to the ErR.
Hydrology/DrainagelWater Quality: The Consultant will review the drainage and water quality
report provided by the City and summarize its findings in the ErR. Using this report, the ErR section
will present an assessment of the potential for the proposed projectio impact local hydrology and on-
and off-site water quality during construction and operation of the proposed project. Relevant
information from the project's Storm Water Pollution Prevention Plan will be included to address
urban runoff and water quality issues. The Consultant will also include the project's relationship
with the San Diego Region's Standard Urban Storm Water Mitigation Plan (SUSMP) and the City's
Jurisdictional Urban Run-off Master Plan (JURMP). Appropriate mitigation measures, including
best management practices for the construction and post construction condition, will be identified, as
necessary, to reduce project related impacts.
Geology and Soils: The Consultant will review the geotechnical report provided by the City and
summarize its findings in the ErR. City documents (e.g., City ofChula Vista General Plan), as well
as the most current information available from the California Geological Survey (CGS), will also be
reviewed. Using the information from the geotechnical report and other sources, the ErR section will
identify all geotechnical constraints and hazards within and adjacent to the project site, including,
active faults, Alquist-Priolo Fault Hazard Zones, liquefaction, subsidence, slope stability, lOO-year
flood plains, etc. Impacts will be assessed based on City established thresholds and feasible
mitigation measures will be included for significant and potentially significant impacts.
Public Services and Utilities: Consultant will contact potentially affected agencies to identify and
obtain information for an analysis of the existing services, the project's impacts to the services
(including the proposed change in land use), and recommended mitigation measures. Consultant will
contact agencies associated with the areas of sewer and water service, police service, fire protection,
emergency medical services, libraries, parks, schools, solid waste disposal, gas and electric, and
telephone and cable. The discussion will focus on the required alteration of existing facilities,
expansion of new facilities, and the increased demand on services based on City approved standards
and measures. The analysis will identify significant impacts, if any, and provide mitigation measures
as appropriate to minimize significant impacts.
"
Hazardous Materials: The Consultant review the Phase I Environmental Site Assessment (ESA)
provided by the City and will summarize the recommendations and conclusions regarding the
historical uses of the proj ect site, potential hazardous substances found on the proj ect site, and the
potential impacts that these substances would have on the proposed project. Other City documents,
such as the General Plan, may be reviewed in the preparation of this evaluation. The analysis will
identify significant impacts, if any, and provide mitigation measures as appropriate to minimize
significant impacts.
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Cultural and Paleontological Resources. The Consultant will review the cultural and
paleontological resources reports provided by the City and will evaluate the potential for the
proposed project to impact identified cultural and/or historic resources. An evaluation will also be
provided discussing the potential for paleontological resources to be uncovered during grading of the
site or other construction activities. Evaluation will be based on the underlying geology of the area
and communications with San Diego Natural History Museum staff. The analysis will identify
significant impacts, if any, and provide mitigation measures as appropriate to minimize significant
impacts.
Population and Housing. The Consultant will compare the forecasted increases in population,
housing, and employment stemming from the proposed project to regional estimates prepared by
SANDAG to determine ifprojections are consistent. The potential of the proposed project to induce
substantial population growth, impact the local housing stock, displace existing residents, and impact
local employment opportunities, will be thoroughly evaluated in this EIR section. The analysis will
identify significant impacts, if any, and provide mitigation measures as appropriate to minimize
significant impacts.
Mineral Resources. The Consultant will conduct an analysis of the potential for locally orregionally
significant mineral resources to occur on-site and the potential project-related impacts to such
resources. City documents, such as the General Plan, will be reviewed in the preparation of this
section of the EIR. The analysis will identify significant impacts, if any, and provide mitigation
measures as appropriate to minimize significant impacts.
Agricultural Resources. This section of the EIR will address the potential for loss of Prime or
Unique Farmland, or Farmland of Statewide Importance with implementation of the proposed
project. Impacts to important agricultural lands and the conversion of agricultural land to non-
agricultural use will be thoroughly assessed. The analysis will identify significant impacts, if any,
and provide mitigation measures as appropriate to minimize significant impacts.
Threshold Analysis: Based on the analyses presented in the public services and facilities section of
the EIR, the Consultant shall review and evaluate the proposed project's compliance with the City's
Growth Management Ordinance (Chapter 19.09 of the Municipal Code) that contains Quality of Life
Threshold Standards related to the following issues: drainage, traffic, fiscal, police, schools, libraries,
water, air quality, sewage, fire/emergency services, parks, recreation and open space. This section of
the EIR shall summarize the project's consistency with the established thresholds standards and
determine if the requirements have been satisfied.
Other CEQA Mandated EIR Sections
In accordance with Article 9 of the State CEQA Guidelines, the EIR will contain a discussion of the
irreversible environmental changes that will result from the proposed project, unavoidable significant
impacts and those effects found not to be significant. The EIR will contain a list of all references
used and persons and agencies contacted in preparation of the EIR. In addition, the EIR will list all
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persons involved in the preparation of the document and their title and role. Detailed scopes of
analysis for cumulative and growth inducing impacts and alternatives are provided below:
Cumulative Impacts: This section will be based on a list and description of closely related past,
present and reasonably foreseeable future projects within the project vicinity that would have the
ability to contribute to cumulative effects in any of the environmental issue areas discussed in the
ElR. This section will evaluate whether individual project imp-acts create any newly identified
cumulatively significant impacts when viewed in combination with these other projects. The
discussion will include an assessment of the project's ability to compound or increase adverse
environmental impacts when added to cumulative projects. The cumulative analysis will evaluate
compliance with adopted "Threshold Standards" and applicable policies and programs.
Growth Inducement: The growth inducement discussion will assess the potential of the proposed
project to induce economic or population growth and the construction of additional housing, either
directly or indirectly, in the surrounding environment. Growth management and compliance with the
Chula Vista Threshold Standards, including the phasing and delivery of community services and
facilities to serve new development in a timely and logical fashion will be discussed. The project
will also be discussed in relationship to its compliance with regional and local growth management
policies and growth forecast assumptions. In addition, the potential for use oflarge amounts of fuel
or energy will be discussed.
Alternatives: The EIR will address a reasonable range of project alternatives that could feasibly
attain the basic objectives of the proposed project. Determination of specific alternatives will be
made in coordination with City staff. The focus of the Alternatives discussion will be those project
alternatives that reduce or avoid any identified significant environmental impacts, in accordance with
the requirements of CEQA. The Alternatives discussion will include a comparative analysis ofthe
various project alternatives in relation to the proposed project. The analysis will include a
quantitative analysis of effects, where appropriate. The Alternatives will include the "No Project
Alternative" (existing General Plan designation) and a "No Development" Alternative. Additional
alternatives may include a reduced density and/or alternative use alternative(s). An Environmentally
Superior Alternative, other than the No Project Alternative, will be identified.
Appendices
The Appendices shall include an Initial Study, a copy of the Notice of Preparation (NOP), Responses
to the NOP, and any technical studies prepared for the project that are not a part of the EIR.
Miti!!:ation Monitorin!!: and Reportin!!: Pro!!:ram (MMRP)
For all mitigation measures identified in the EIR, the Consultant will prepare a monitoring program
in conformance with the City's format that will allow the City to verify that the required mitigation
measures have been implemented. The program will explicitly identify what entity is responsible for
implementing the measure, the entity responsible for monitoring enforc=ent of the measure and the
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phase ofthe project (pre-construction, construction, or post-construction) when the measure would
be implemented. Draft and final versions of the MMRP shall be prepared.
Draft EIR Processinl! and Document Revisions
The Consultant shall prepare three (3) screencheck draft EIRs prior to preparation of the public
review version of the Draft EIR. The second, third and public re1iiew copies of the Draft EIR will
incorporate comments received on prior versions of the reports.
Final Em Preparation and Content
Upon completion of agency and public review, the Consultant will prepare written responses to all
letters of comment and public testimony received during public review. All comments received in
response to the EIR will be discussed with the City staff, and an approach to the responses will be
subject to City approval prior to preparation of the draft responses. Draft responses to comments
will be submitted to City staff for review. The Consultant will then revise responses in accordance
with City direction and will prepare the document for [mal distribution. As needed, the traffic
consultant for the project will assist in the preparation of responses to public comments on the traffic
study. The Final EIR will include the EIR text with necessary revisions requested by City staff or as
a result of the public review process, list of agencies and individuals that commented on the Draft
EIR, letters of comment and responses, the Findings and Statement of Overriding Considerations (if
applicable), appendices, and the MMRP.
Findinl!s and Statement of Overridinl! Considerations
The draft Candidate CEQA Findings will be submitted at the beginning of the public review period
of the Draft EIR to allow sufficient time to review for completeness and adequacy. The Findings
will include all measures which would be implemented to mitigate potentially significant impacts; a
statement, as appropriate, that the proj ect mitigation may be the responsibility of another agency; and
an evaluation of project alternatives and why each was found to be infeasible. A major portion of the
Findings will be compiled using information contained in the EIR.
The Statement of Overriding Considerations (SaC) will be prepared, if applicable, and will present
the social, economic or other reasons why the proj ect should be approved even though significant
environmental impacts may result (i.e., why the project's benefits override the environmental issues).
Similar to the Candidate CEQA Findings, the sac (if applicable) will be presented in draft form to
the City at the beginning of the public review period. The Findings and sac will be revised as City
determines to be necessary, and printed to accompany the Final EIR. The Findings and sac shall
follow the format and style as generally accepted by the City of Chula Vista.
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Meetine:s and Hearine:s
The Consultant's work efforts will involve on-going project management to include regular
coordination with City staff and proj ect tearn members. The Consultant's project manager will meet
weekly with City staffto discuss the EIR progress and issues as they arise. At the request of the City,
the Consultant shall assist with the preparation of meeting agen~as and minutes. At a minimum,
attendance at the following will be required:
· One (1) Project initiation meeting with the City, Applicant(s), and others as determined by
City staff;
. One (1) public workshop, if requested by the City;
· Weekly meetings with City staff to discuss EIR progress and issues as they arise;
. One Scoping Meeting;
. One (1) Resource Conservation Commission meeting;
· One (1) CYRC public hearing to close public review of the DEIR;
· One (1) Planning Commission hearing on the final EIR;
· One (1) Chula Vista Redevelopment Corporation (CYRe) meeting on the final EIR; and
· One (1) City CouncillRedevelopment Agency hearing on the final EIR and project.
Additional meetings beyond those listed would be provided under a separate scope of work on a time
and materials basis, with prior authorization from the Environmental Projects Manager.
Proiect Manae:ement
This task includes consistent and thorough coordination with the Environmental Project Manager.
Specific tasks include monitoring the project status, schedule, and budget and informing the
Environmental Project Manager of any changes to the approved scope of work or schedule on a
timely basis. Monthly status reports as well as preparation oftearn meeting notes are required. This
task also includes overall quality assurance and quality control of written documents.
Deliverable Products
Notices
· One (1) copy each draft and fmal Notice of Preparation, hard copy and electronic
· One (1) copy each draft and fmal Notice of Completion, hard copy and electronic
. One (1) copy each each draft and final Notice of Determination and California Department
of Fish and Garne (CDFG) fee certification letter, hard copy and electronic
Project Description
Ten (10) copies ofa Preliminary Draft Project Description, stapled.
One (1) reproducible copy of the Final Project Description.
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Technical Reports
Five (5) copies each of the draft and final air quality technical reports.
Five (5) copies each of the draft and final noise technical reports.
Screen check EIRs
. Twenty-five (25) total copies of the First Screencheck Draft ErR and Technical Appendices. Ten
(10) copies in three-ring binders and the remainder bound. The First Screencheck Draft EIR
shall be prepared in Microsoft Word and shall be printed at 1.5 spacing;
. Twenty-five (25) total copies of the Second Screencheck Draft ErR, MMRP and Technical
Appendices (only those that changed from first screencheck). Ten (10) copies in three-ring
binders and the remainder bound. The Second Screencheck Draft ErR shall be prepared in
Microsoft Word and shall be printed at 1.5 spacing;
. Five (5) copies of the Third Screencheck Draft ErR, MMRP and Technical Appendices (only
those that changed from second screencheck), bound. The Third Screencheck Draft EIR shall be
printed double-sided, at single spacing;
Public Review Draft EIR
. Thirty-five (35) total copies of the Draft ErR and Technical Appendices (Final), including ten
(10) copies of the documents provided in three-ring binders and the remainder bound;
. Sixty (60) total copies of the Executive Summary bound or stapled with sixty (60) CD-ROMs
containing the Draft ErR, Technical Appendices, including all graphics and tables, in pdf format
attached to the Executive Summary in a CD "sleeve";
. One (1) reproducible copy of the final MMRP;
Final EIR, Findings and Statement of Overriding Considerations (if applicable)
. Five (5) copies and one reproducible copy each of the draft and final Findings and Statement of
Overriding Considerations;
. Five (5) copies and one reproducible copy each ofthe draft and fmal responses to comments and
amended EIR sections;
. Ten (10) screencheck copies of the Final ErR, MMRP and Appendices (only those that changed
due to comments received during public review), and Candidate CEQA Findings and Statement
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of Overriding Considerations (if applicable), including five (5) copies provided in three-ring
binders and the remainder bound;
. Thirty- five (35) copies of the Final EIR, MMRP and Appendices (only those that changed as a
result of comments on the screencheck Final EIR), and Candidate CEQA Findings and Statement
of Overriding Considerations (if applicable), including five (5) copies of the Final EIRprovided
in three-ring binders and the remainder bound; ;
. One (1) reproducible master copy of the Final EIR, MMRP, Appendices, Findings and Statement
of Overriding Considerations (if applicable) suitable for reproduction on City equipment and not
three-hole punched; and
. One computer disk copy or CD ROM version of the Final ErR, MMRP, Appendices, Findings
and Statement of Overriding Considerations (if applicable) that can be read by Microsoft Word.
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliver abIes:
11/28/2006
.
Provide Draft Project Description - December 14, 2006.
Screencheck Initial Study and Notice of Preparation - January 5,2007.
Final Initial Study and Notice of Preparation: Two (2) days after receipt of
City comments on Screencheck Initial Study and Notice of Preparation.
First Draft Air Quality/HRA and Noise Technical Reports - March 7, 2007
(assumes City provides Consultant with second screencheck draft traffic
report on or by February 14, 2007).
Second Draft Air Quality/HRA and Noise Technical Reports - Two (2)
weeks after receipt of City comments on First Draft Air Quality/HRA and
Noise Technical Reports.
Final Draft Air Quality/HRA and Noise Technical Reports - One (1) week
after receipt of City comments on Second Draft Air Quality/HRA and Noise
Technical Reports.
First Screencheck Draft EIR and Technical Appendices - May 2, 2007
(assumes City approves all technical reports on or by April 18, 2007).
.
.
.
.
.
.
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. Second Screencheck Draft EIR, JvIMRP and Technical Appendices - Two (2)
weeks after receipt of City comments on First Screencheck Draft EIR.
. Third Screencheck Draft EIR, JvIMRP and Technical Appendices - Two (2)
weeks after receipt of City comments on Second Screencheck Draft EIR.
. Public Review Draft EIR, JvIMRP and Technical Appendices - Five (5) days
after receipt of City comments on Third Sl;reencheck Draft EIR.
. First Draft Findings and Statement of Overriding Considerations, if
applicable - Two (2) weeks after start of public review of the Draft EIR and
Technical Appendices.
. Second Draft Findings and Statement of Overriding Considerations - One (1)
week after receipt of City comments on First Draft Findings and Statement of
Overriding Considerations.
. First Draft Responses to Comments received during public review including
hearing testimony - Two (2) weeks after end of public review of the Draft
EIR and Technical Appendices.
. Screencheck Final EIR including a list of persons, organizations, and public
agencies commenting on the DEIR, responses to comments, JvIMRP,
corrections and additions to the DEIR, Findings, Statement of Overriding
Considerations - Two (2) weeks after receipt of City comments on First Draft
Responses to Comments.
. Final EIR including a list of persons, organizations, and public agencies
commenting on the DEIR, responses to comments, JvIMRP, corrections and
additions to the DEIR, Findings, Statement of Overriding Considerations-
One and one half weeks after receipt of City comments on Screencheck Final
EIR and associated documents.
Dates for Completion of all Consultant Services: Date of City Council final action on
environmental documents, or completion of all tasks to the satisfaction of the City's
Environmental Review Coordinator, whichever is later.
7. Documents to be provided by City to Consultant:
(X) site plans (X) grading plans (X) architectural elevations (X) project description from
applicant's application (X) other: Sectional Planning Area (SPA) Plan, first drafts of the
biological resources study and Water Supply Assessment; second drafts of the traffic study,
cultural/paleontological resources studies, geotechnical study, phase 1 Environmental Site
Assessment, drainage study, water quality management plan, sewer study, public facilities
fmancing plan (PFFP); City's standard Initial Study Checklist form, NOP format, Health
Risk Assessment methodology, JvIMRP format, and Findings and Statement of Overriding
Considerations format.
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8. Contract Administrators.
City: Bob McSeveney, Principal Management Assistant
Public Services Building
276 Fourth Avenue
Chula Vista, CA 92010
Tel:(619)585-5712
Applicant: CV 42 Investments, LLC
Attn: William Ostrem
5075 Shoreham Place, Suite 240
San Diego, CA 92122
Tel:(619) 890-3526
Consultant: Terry A. Hayes Associates. LLC
8522 National Boulevard, Suite 102
Culver City, Ca 90232
Tel (310) 839-4200
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
(X)
( )
( )
Not Applicable.
Category No.1.
Category No.2.
( )
Category No. 3.
( )
Category No.4.
( )
Category No. 5.
( )
Category No.6.
11/28/2006
Not an FPPC Filer.
Investments and sources of income.
Interests in real property.
Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the
department.
Investments in business entities and sources of income which
engage in land development, construction or the acquisition or
sale of real property.
Investments in business entities and sources of income of the
type which, within the past two years, have contracted with
the City of Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or equipment.
Investments in business entities and sources of income of the
type which, within the past two years, have contracted with
Three Party Agreement
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10-36
the designated employee's department to provide services,
supplies, materials, machinery or equipment.
( )
Category No. 7.
Business positions.
10. Insurance Requirements:
..
(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.
(X) Errors and Omissions Liability: $2,000,000.
11. Permitted Subconsultants:
None
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Exhibit B
Additional Recitals
WHEREAS, the Applicant has submitted an application for the processing ofthe Riverwalk
~~ ;
WHEREAS, pursuant the California Environmental Quality Act (CEQA) the Environmental
Review Coordinator has determined that the proposed proj ect requires the preparation of an EIR;
WHEREAS, on August 16, 2006, the Environmental Review Coordinator distributed a
Request for Proposals (RFP) to the Association of Environmental Professionals and to all consulting
firms listed on the City's list of Qualified Environmental Consultants, inviting prospective
Consultants to submit proposals for the proposed Riverwalk EIR;
WHEREAS, four proposals were submitted to the City in response to the RFP;
WHEREAS, a Selection Committee was established pursuant to Section 2.56.11 0 of the
Municipal Code to review the qualifications and conduct interviews of the most qualified firms
based on established evaluation criteria;
WHEREAS, the Selection Committee interviewed all four firms and recommended Terry
A. Hayes Associates, LLC. to perform the required services for the City;
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with the Environmental Review Procedures;
WHEREAS, the Applicant has deposited or will deposit funds for the consulting services
necessary for the preparation of the environmental documents;
WHEREAS, Terry A. Hayes Associates, LLC. is uniquely qualified to serve as the
Environmental Consultant for this contract based on their familiarity with the urban nature of the
site, their redevelopment experience, technical expertise in the areas of noise, air quality and Health
Risk Assessments and their demonstrated familiarity with project features and requirements;
WHEREAS, Terry A. Hayes Associates, LLC. represents that they are experienced and
staffed in a manner such that they can prepare and deliver the required services to the City of Chula
Vista within the necessary timeframes; and
WHEREAS, the proposed contract with Terry A. Hayes Associates, LLC. to provide
consultant services would be in an amount not to exceed $146,092 with an additional $36,523 for
additional services should they be necessary.
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Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
( ) Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services of Consultant as herein required,
Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below:
(X) Single Fixed Fee Amount: $ 182,615 (including contingency fee if authorized in the
sole discretion of the City's Environmental Review Coordinator as provided below)
Milestone or Event
Percent and
Amount
Of Fixed
Fee
1. Signing of this agreement by all parties and upon the request
of the Consultant.
$14,609 (10%)
2. Submittal of First Screencheck Environmental Document*
$58,437 (40%)
3. Submittal of Second Screencheck Environmental
Document**
$14,609 (10%)
4. Commencement of Public Review
$21,914 (15%)
5. Completion of Final Environmental Document
$21,914 (15%)
$14,609 (10%)
6. Completion of All Remaining Tasks as outlined in Exhibit
"A" to this Agreement
Subtotal
$146.092.00
7. 25% Contingency Fee*** (for task(s) as determined at the
sole discretion of the City's Environmental Review
Coordinator)
$36,523.00
Total Fixed Fee Amount
$182,615.00
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· F or purposes of payment, the first screencheck shall completely address and analyze all issues
identified in the detailed scope-of-work (described in Exhibit "A") to the satisfaction of the
Environmental Review Coordinator. Payment shall not be made until the City's Environmental
Review Coordinator determines that a complete screencheck document has been submitted.
.. For purposes of payment the second screencheck shall completely address all comments identified in
the first screencheck to the satisfaction of the Environmental Rev.iew Coordinator. Payment shall not
be made until the City's Environmental Review Coordinator 'determines that a complete second
screen check document has been submitted.
... Pursuant to Section 3.2.2 of this Agreement, the Environmental Review Coordinator in their sole
discretion independently and or upon request from the Consultant, may from time to time, negotiate
additional services to be performed by the Consultant under this Agreement in order to cover
unforeseen issues that may be identified during the preparation of the environmental document
("Additional Services"). The cost of Additional Services in connection with the environmental
document shall not exceed 25% of the total contract amount ($36,523.00).
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the
amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement").
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to
said Phase.
Phase
Fee for
Said Phase
1.
$
2.
$
3.
$
4.
$
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( ) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Applicant shall pay Consultant for the productive hours oftime and material spent by Consultant in
the performance of said Services, at the rates or amounts set forth hereinbelow according to the
following terms and conditions:
() Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
General and Detailed Services herein required of Consultant for including all
Materials and other "reimburseables" ("Maximum Compensation"). The City will also
receive a standard administrative fee amounting to 1 0% of the contract.
( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to (plus
the 25% contingency if authorized in the sole discretion of the City's Environmental Review
Coordinator as provided above) ("Authorization Limit"), Consultant shall not be entitled to
any additional compensation without further authorization issued in writing and approved by
the City Council. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Rate Schedule
Categorv of Emplovee
Name
Hourly
Rate
Proj ect Principal
Senior Associate (Project Manager)
Senior Env. Scientist
Planner
Assistant Planner
Graphics
Administrative Assistant
Terry Hayes*
Madonna Marcelo*
Sam Silverman*
$151
$107
$78
$57
$53
$87
$40
*Other individuals from the Consultant firm may be substituted in place of the names listed
solely at the discretion of the City's Environmental Review Coordinator.
() Consultant's hourly rates may increase by 6% for services rendered after
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Materials Separately Paid For by Applicant
( ) Materials
Reports
Copies
( ) Travel
( ) Printing
( ) Postage
( ) Delivery
( ) Long Distance Telephone Charges
( ) Other Actual Identifiable Direct Costs
( ) Other
Cost or Rate
None. Included in Cost.
.'
None. Included in Cost.
None. Included in Cost.
None. Included in Cost.
None. Included in Cost.
None. Included in Cost.
None. Included in Cost.
Deposit
(X) Deposit Amount: $73,046. The remaining contract balance of$73,046 shall be deposited at
the City's request but no later than 10 days following the City's approval of the First
Screencheck Draft EIR. Applicant further agrees to deposit within 10 days if City requests to
do so, a sum (estimated to be up to $36,523 (contingency fee) for additional services if such
services are required by the City's Environmental Review Coordinator.
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, iftbis paragraph is
"checked", upon City's receipt of billing by Consultant, and determination by City in good faith that
Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and
waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If
Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider
Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by
Applicant in making its good faith determination of propriety.
Applicant agrees to maintain a minimum balance of
immediately replenished upon the request of the City.
in subj ect account that shall be
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit
to pay said billing.
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(X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
(X) Other: In accordance with milestones identifie'd herein,
B. Day of the Period for submission of Consultant's Billing:
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: Upon completion of the milestones identified herein.
C.
City's Account Number: To be assigned after agreement is processed.
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COUNCIL AGENDA STATEMENT
I
Item: Ji
Meeting Date: 12/05/06
ITEM TITLE: RESOLUTION ACCEPTING PROPOSALS,
AWARDING THE FOOD PREPARATION AND DELIVERY
SERVICES AGREEMENT TO PEARTREES CATERING
INCORPORATED AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT.
SUBMITTED BY: Chief of Police ()
r
REVIEWED BY: City Manager d/ (4/5ths Vote: Yes_ NolL)
The Police Department, with the assistance of the Purchasing Division, has
completed the evaluation of proposals received for Food Preparation and
Delivery Services (RFP 1-06/07-R) for the Chula Vista Police Department
Holding Facility. Adoption of the resolution accepts proposals, awards the
agreement to Peartrees Catering Incorporated and authorizes the Mayor to
execute the agreement.
RECOMMENDATION: That Council adopt the resolution accepting proposals,
awarding the food preparation and delivery services agreement to Peartrees
Catering Incorporated and authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Pursuant to Section 2.56 of the Chula Vista Municipal Code, a Request for
Proposal (RFP) was issued for food preparation and delivery services to the
Police Department Holding Facility. The RFP outlined the purpose, period of
coverage, response instructions, minimum qualifications, scope of services and
general terms/conditions. On September 29, 2006, a public notice was
advertised in the Star News regarding this request for proposal, with a proposal
submittal deadline of October 18. 2006.
Additionally, seven companies in the food preparation and delivery business that
potentially qualify for the requested services were contacted, and five companies
expressed interest. Staff had also contacted the County of San Diego Sheriff's
Department to inquire about their food service. The County of San Diego Sheriff's
Department has an in-house food service which provides the food for all of their
11-1
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Meeting Date: 12/05/06
jail facilities. However, the County declined to provide the services as required for
the City's holding facility. Staff also contacted Sharp Hospital to provide food
services, but they also declined (and their initial price estimates were significantly
higher than Peartrees).
Only one company (Peartrees Catering, Inc.) responded to the RFP by
submitting a proposal. The proposal was unsealed during the public bid opening
on October 18, 2006. No vendors attended the bid opening.
The qualification and selection process involved a thorough proposal review to
determine if the proposal conforms to the solicitation and if the proposal is
considered to be in the best interest of the City, with price, experience and
service delivery being considered. Based on this evaluation, the Police
Department recommends awarding Peartrees Catering Inc. for the food
preparation and delivery services to the Police Department Holding Facility. The
proposal from Peartrees Catering Inc. offered reasonable costs, 18 years of
experience in the food preparation and delivery business, and all responses
complied with the scopes of services outlined in the RFP. On October 20, 2006,
a notice of intent to award was sent to Peartrees Catering Inc.
This food preparation and delivery services agreement covers a two-year period
beginning December 1, 2006 through November 30, 2008 and may be extended,
by mutual consent, for five additional one-year periods. Moreover, the rates for
food preparation and delivery services are fixed for the first two years of the
agreement. Any increase in food preparation and/or delivery services may be
negotiated at the conclusion of the initial two-year period. Prior to each annual
extension, staff will evaluate the need to re-bid the contract.
Peartree's Catering will provide prepackaged inmate meals to the CVHF twice a
day (breakfast/lunch and dinner). Hot meals will be delivered immediately prior to
serving (dinner). Each meal will be prepared to the standards of the CVHF, as
well as the standards of the Food and Nutrition Board and Titles 15 and 24 of the
California Code of Regulations.
CONTRACT COMPARISONS
In order to validate the prices contained in the RFP response by Peartrees
Catering, staff surveyed other Type 1/11 holding facilities throughout Southem
California '. In order to make an accurate comparison of the cost of food, each
agency that was surveyed was asked several questions about whom they
contracted with and how the food is prepared/delivered/ordered. This is important
especially due to the costs involved with the preparation of the food items.
1 There are no other Type Jill holding facilities in San Diego County.
11-2
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Meeting Date: 12/05/06
Staff surveyed the following agencies:
. City of Burbank
. City of Glendale
. City of Pasadena
. City of Anaheim
. City of Huntington Beach
. City of Fullerton
. City of Santa Ana
. City of Long Beach
The survey indicated that all of the facilities surveyed utilize inmates/trustee's to
prepare/package the food for the inmates. This typically lowers the cost of the
food items between 10 - 20%, since the labor to prepare/package the food for
the inmates is not factored into the price and therefore does not offer a direct
comparison of costs. These other agencies can utilize inmate labor since they
are significantly larger operations (from 80 to 500 bed facilities) and have
facilities designed to utilize trustees for certain operations.
All of the facilities surveyed also receive their orders either once or twice a week,
while the CVHF receives orders twice daily. The other facilities are able to do a
weekly order because they have at least 10 years experience with inmate counts.
This makes food estimates much more reliable than what the CVHF is currently
experiencing.
As the CVHF operation is still relatively new and because of the transition to a
Type II facility to accommodate the new In-Custody Drug Treatment Program
contract, the use of trustees to prepare/package food is not recommended at this
time. The supervision of the trusteeslinmates in the food preparation would
require additional staff time away from the supervision of the whole facility. The
Department recommends focusing on the management of the facility and as the
CVHF matures, the Department will begin to look at various methods to lower the
cost of food services.
DECISION MAKER CONFLICTS
Staff has reviewed the property holdings of the City Council and has found a
conflict exists, in that Council Member Steve Castaneda has property holdings
within 500 feet of the boundaries of the property which is the subject of this
action.
FISCAL IMPACT
Costs for food preparation and delivery services to the Police Department
Holding Facility are already included in the Police Department's budget.
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Meeting Date: 12/05/06
Therefore, there is no additional fiscal impact to the General Fund by awarding
this agreement.
The total value of this contract will be approximately $400,000 for the first two
years of the contract, depending upon the number of prisoners held at the
Holding Facility during this period. ,
Staff estimates that an average of 36 to 41 prisoners will be held in the facility on
a daily basis (approximately 90% of total capacity). The cost (per day) for food for
each prisoner is $14.55 which includes 3 meals a day. The meal costs are
broken out as such:
Breakfast: $2.75
Lunch: $3.50
Dinner: $6.50
Drink (Milk/Juice): $0.45
Fruit: $0.45
All food prices include all utensils, preparation and delivery (twice a day) to the
holding facility. Food is served every day throughout the year.
Attachment: Agreement with Peartrees Catering, Inc.
11-4
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING PROPOSALS, AWARDING THE FOOD
PREPARATION AND DELIVERY SERVICES AGREEMENT TO
PEARTREES CATERING INCORPORATED AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, pursuant to Section 2.56 of the Chula Vista Municipal Code, a
Request for Proposal (RFP) was issued for food preparation and delivery
services to the Police Department Holding Facility; and
WHEREAS, a public notice was advertised in the Star News regarding this
Request for Proposal on September 29, 2006; and
WHEREAS, seven companies deemed qualified for the requested
services were contacted, and five companies expressed interest; and
WHEREAS, one company responded to the RFP by submitting a
proposal; and
WHEREAS, the qualification and selection process involved a thorough
proposal review to determine if the proposal conforms to the solicitation and if the
proposal is considered to be in the best interest of the City; and
WHEREAS, the Police Department recommends to award Peartrees
Catering Inc. for the food preparation and delivery services to the Police
Department Holding Facility.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby accept the proposals and approve the food
preparation and delivery services agreement with Peartrees Catering Inc., a copy
of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized to execute the said Agreement on behalf of the City of Chula
Vista.
Presented by:
Approved as to form by:
Richard P. Emerson
Police Chief
~Mft/#--M
nn Moore /' ,
City Attorney
11-5
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ann Moore
City Attorney
Dated: /J ! 3 D / D ~
/ /
Agreement between
City of Chula Vista
and
Peartrees Catering, Inc.
For Food Preparation and Delivery Services
11-6
Parties and Recital Page(s)
Agreement between
City of Chula Vista
and
Peartrees Catering, Inc.
for Food Preparation and Delivery Services
This agreement ("Agreement"), dated December 5, 2006 for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A,
paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Peartrees
Catering, Inc. ("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 of Chula Vista Police Department (CVPD) has been operating
a Type I Holding Facility since September 6, 2005; and,
Whereas, Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services
required of Consultant to City within the time frames herein provided all in accordance
with the terms and conditions of this Agreement; and,
Whereas, the City has successfully used Peartrees Catering, Inc. for both public
and private functions, as well as for limited jail food service; and
Whereas, the City has issued a Request for Proposal, pursuant to Section 2.56
of the Chula Vista Municipal Code, for food preparation and delivery services to the
Police Department Holding Facility, and Peartrees Catering, Inc. was selected during
this process;
Peartrees Catering, Inc.
Agreement
Page 1
11-7
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 and Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred to
as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional Services
shall be paid monthly as billed.
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11-8
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 subconsultants 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 herein required, prior to
the commencement of services required under this Agreement, by delivery of
Certificates of Insurance 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.
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Agreement
Page 3
11-9
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, jndicates 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, ExhibitA.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and amount satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(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.
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Agreement
Page 4
11-10
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this agreement. The City shall
permit access to its office facilities, files and records by Consultant throughout the term
of the agreement. In addition thereto, City agrees to provide the information, data,
items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant according to the terms
and conditions set forth in Exhibit A, Paragraph 11, adjacent to the goveming
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
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.
Peartrees Catering, Inc.
Agreement
Page 5
11-11
4. Term.
This Agreement shall terminate on November 30, 2008, and may be extended,
upon mutual agreement of both parties, for five (5) additional one (1) year periods.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of
this Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the time specified for the completion of the respective work assignment
or Deliverable, the consultant shall pay to the City, or have withheld from monies due,
the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated
Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted for
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attorney.
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
Peartrees Catering, Inc.
Agreement
Page 6
11-12
position to influence a governmental decision in which Consultant knows or has reason
to know Consultant has a financial interest other than the compensation promised by
this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as 'an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and
inventory of Consultant's economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has determined that
Consultant does not, to the best of Consultant's knowledge, have an economic interest
which would conflict with. Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's which may
result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any property
within 2 radial miles from the exterior boundaries of any property which may be the
subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward or gain has been
made to Consultant or Consultant Associates in connection with Consultant's
performance of this Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or for 12 months
thereafter.
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Agreement
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Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party which may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) arising out of or alleged by
third parties to be the result of the negligent acts, errors or omissions or the willful
misconduct of the Consultant, and Consultant's employees, subcontractors or other
persons, agencies or firms for whom Consultant is legally responsible in connection with
the execution of the work covered by this Agreement, except only for those claims,
damages, liability, costs and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) except for those claims
arising from the negligence or willful misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees
and liability incurred by the City, its officers, agents or employees in defending against
such claims, whether the same proceed to judgment or not. Consultant's obligations
under this Section shall not be limited by any prior or subsequent declaration by the
Consultant. Consultant's obligations under this Section shall survive the termination of
this Agreement.
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
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Page 8
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terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of
such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by Consultant shall, at
the option of the City, become the property of the City, and Consultant shall be entitled
to receive just and equitable compensation for any work sqtisfactorily completed on
such documents and other materials up to the effective date of Notice of Termination,
not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit City's rights under
other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination. In that
event, all finished and unfinished documents and other materials described hereinabove
shall, at the option of the City, become City's sole and exclusive property. If the
Agreement is terminated by City as provided in this paragraph, Consultant shall be
entitled to receive just and equitable compensation for any satisfactory work completed
on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of City. City hereby
consents to the assignment of the portions of the Defined Services identified in Exhibit
A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
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Agreement
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Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or p<,ltent, 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 time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
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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 su,bcontracts relating to the
preparation of the report or document. '
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
D. Entire Agreement
-
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
Peartrees Catering, Inc.
Agreement
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this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construe9 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 Agreernent, and performance hereunder, shall be the City of Chula Vista.
[End of page. Next page is signature page.]
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Agreement
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Signature Page
to
Agreement between City of Chula Vista and Peartrees Catering, Inc.
for Food Preparation and Delivery Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated:
,2006
City of Chula Vista
by:
Cheryl Cox, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
Exhibit List to Agreement
(X) Exhibit A
(X) Exhibit B
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Agreement
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Exhibit A
to
Agreement between City of Chula Vista and Peartrees Catering, Inc.
for Food Preparation and Delivery ~ervices
1. Effective Date of Agreement: December 1, 2006
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
3. Place of Business for City:
City of Chula Vista Police Department
315 Fourth AVenue
Chula Vista, CA 91910
4. Consultant: Peartrees Catering, Inc.
5. Business Form of Consultant:
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
2243 Verus Street
San Diego, CA 92154
Voice Phone: (619) 575-5500
Fax Phone: (619) 575-5502
7. General Duties: Food Preparation and Delivery Services
8. Scope of Work and Schedule:
A. The Scope of Work is detailed in Exhibit B, as outlined in the Request for
Proposal for Food Preparation and Delivery Services (RFP #1-06/07-R).
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
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Agreement
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C. Dates or Time Limits for Delivery of Deliverables:
Deliverable NO.1:
The Scope of Work (Exhibit B) details time limits and deliverables for this
agreement. .
,
D. Date for completion of all Consultant services:
This Agreement shall terminate on November 30. 2008, and may be
extended, upon mutual agreement of both parties, for five (5) additional one
(1) year periods.
9. Insurance Requirements:
1. General Liability:
(Including operations,
products and completed
operations, as applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance with a
general aggregate limit is used, either the general aggregate limit
must apply separately to this project/location or the general
aggregate limit must be twice the required occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,1100,000 disease-policy limit
$1,000,000 disease-each employee
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either the insurer will reduce or eliminate such deductibles or self-
insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or the Contractor will provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and
volunteers are to be named as additional insureds with respect to
liability arising out of automobiles owned, leased, hired or borrowed by or
on behalf of the contractor, where applicable, and, with respect to liability
arising out of work or operations performed by or on behalf of the contractor
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Agreement
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including providing materials, parts or equipment furnished in connection with
such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the
contractor's insurance using ISO CG 2010 (11/85) or its equivalent.
Specifically, the endorsement must not exclude Products / Completed
Operations coverage.
2. The contractor's insurance coverage must be primary insurance as it
pertains to the City, its officers, officials, employees, agents, and
volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers is wholly separate from the
insurance of the contractor and in no way relieves the contractor from its
responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that
coverage will not be canceled by either party, except after thirty (30)
days' prior written notice to the City by certified mail, retum receipt
requested.
4. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of
Section 2782 of the Civil Code.
5. Contractor's insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage during the life of this contract.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the
State of California with a current A.M. Best's rating of no less than A- V. If insurance
is placed with a surplus lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESU) with a current A.M. Best's rating of no less than A X.
Exception may be made for the State Compensation Fund when not specifically rated.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance
industry forms, provided those endorsements conform to the contract requirements.
All certificates and endorsements are to be received and approved by the City before
work commences. The City reserves the right to require, at any time, complete, certified
copies of all required insurance policies, including endorsements evidencing the coverage
required by these specifications.
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Agreement
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Subcontractors
Contractor must include all subcontractors as insureds under its policies or furnish
separate certificates and endorsements for each subcontractor. All coverage for
subcontractors are subject to all of the requirements included in these specifications.
10. Materials Required to be Supplied by City to Consultaht:
N/A
11. Compensation:
(X) Single Fixed Fee Arrangement.
For performance of the Defined Services by Consultant as herein required, City shall
pay at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
Rate Schedule
Single Fixed Fee Amount payable as follows:
Breakfast Sandwich
Lunch Sandwich
Dinner
Milk
Fruit Drink
Fruit
Prices are subject to sales tax.
$2.751 each
$3.501 each
$6.50 1 each
$0.451 each
$0.451 each
$0.501 each
Fees include all work performed, including food preparation, packaging and delivery, as
well as meal accessories such as utensils and napkins. Any additional charges or
reimbursable expenses are included in the fee schedule above.
Fees shall remain firm for the initial two (2) year period of coverage (12/01106-
11130108). One (1) price increase may be allowed for each option period. Any increase
in price, after the initial two (2) year period, shall be by mutual consent.
Consultant will submit a weekly invoice to the City that is clearly itemized by meal and
beverage type. This invoice will include a day-by-day breakdown of each meal as
outlined above.
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Agreement
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12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance
of services herein required, City shall pay Consultant at the rates or amounts set forth
below:
(X) None, the compensation includes all costs.
13. Contract Administrators:
City: Edward Chew, Administrative Services Manager
Chula Vista Police Department
315 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5013
Consultant: Jerrold Siegel, President
Peartrees Catering, Inc.
2243 Verus Street
San Diego, CA 92154
(619) 575-5500
14. Liquidated Damages Rate:
None.
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
16. ( ) Consultant is Real Estate Broker and/or Salesman
Not Applicable.
17. Permitted Subconsultants:
None.
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Other: Weekly
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Agreement
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B. Day of the Period for submission of Consultant's Billing
(X) Other: Each Friday of the week
C. City's Account Number: 14450-6401
19. Security for Performance
None Required.
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Agreement
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Exhibit B
to
Agreement between City of Chula Vista and Peartrees Catering, Inc.
for Food Preparation and Delivery S,ervices
1. SCOPE OF WORK
1.1 Food Preparation. Consultant shall prepare and package three daily meals to
the Police Holding Facility based upon the Recommended Dietary Allowances
(RDA) outlined in Section 2.
1.1.1 Consultant must be able to prepare up to 46 of each of the three daily meals
(breakfast, lunch and dinner). No minimum orders shall be established by
Consultant.
1.1.2 When fruit is on the menu, all peelable fruits, such as oranges and bananas,
must be peeled.
1.2 Food Packaging. The packaging of each meal must meet the following
requirements of the Police Holding Facility:
1.2.1 All pre-packaged perishable items must clearly display an expiration
date/time.
1.2.2 All packaged items must be disposable, including "spork" utensils and
napkins, in order to meet federal and state guidelines for jail safety. No metal
items shall be included in meal packaging or utensils.
1.2.3 The packaging of the meals must fit in a 15" x 4 ;;''' door compartment.
1.2.4 For hot meals, hot items must be separated from the cold items. For cold
meals, all items may be packaged together.
1.3 Food Delivery. Consultant shall provide delivery services to the Police Holding
Facility a minimum of two times each day.
1.3.1 Consultant shall phone the Holding Facility at 3:00am to determine the
number of breakfasts and lunches to be served that day. Delivery of
breakfasts shall arrive at the Police Facility by 6:00am to meet the breakfast
delivery schedule to prisoners.
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Agreement
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1.3.2 If lunch is a cold meal, Consultant may deliver the lunches at 6:00am along
with the breakfasts to eliminate a lunch delivery later in the day. If a hot
lunch is scheduled, Consultant shall deliver the meals to the Police Facility by
1 0:30am to meet the lunch delivery schedule to prisoners.
1.3.3 Consultant shall phone the Holding Facility, at 3:00pm to determine the
number of dinners to be served that evening. 'Delivery of dinners shall arrive
at the Police Facility by 6:00pm to meet the dinner delivery schedule to
prisoners.
1.3.4 Delivery service providers shall wear an identification badge, which shall bear
the deliverer's name and picture.
1.4 Records of Service. Consultant shall keep and maintain records of meals provided
at the request of the City for at least three (3) years. At a minimum, these records
shall include: date of delivery service; number of meals provided; description of each
meal; and, the fees and charges of the supplies/services provided. The City shall
have the right to inspect and audit, without prior notification, Consultant's records at
reasonable times during normal working hours to determine compliance with these
record-keeping requirements.
2. FOOD REQUIREMENTS
Consultant shall meet the following federal and state guidelines for prisoner nutrition:
2.1 Three Daily Meals. Consultant shall provide three meals in any 24-hour period:
breakfast, lunch and dinner. At least two meals per day must be hot food.
2.2 Minimum Diet. The minimum diet that shall be met is based upon the
Recommended Dietary Allowances (RDA) of the Food and Nutrition Board of the
National Research Council, National Academy of Sciences (1989) and upon the
California Daily Food Guide.
The minimum diet shall consist of the full number of servings specified from each of
the four food groups below:
(a) Protein Group. This includes beef, veal, lamb, pork, poultry, fish, eggs,
cooked dry beans, peas, lentils, nuts, peanut butter and textured
vegetable protein (TVP). A serving equals 14 grams or more of protein
except for eggs as listed below. The daily requirement shall be three
servings (to total 42 grams or more of protein) selected from the
combinations listed below. In addition, there shall be a requirement to
serve a fourth serving from the legumes three days a week.
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Agreement
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One serving equals, but is not limited to the following examples:
2 to 3 oz. (without bone) lean, cooked meat, poultry or fish
2 medium eggs
1 cup cooked dry beans, peas or lentils
3 Tbsp. Peanut butter
6 oz. Tofu
2-Y< oz. dry TVP or 1 cup of rehydrated, canned or frozen TVP
(b) Dairy Group. This includes milk (fluid, evaporated or dry; nonfat reduced
fat (1 % or 2%), or buttermilk), cheese (cottage, cheddar, etc.), yogurt, ice
cream or ice milk, and pudding. A serving is equivalent to 8 oz. of fluid
milk and provides 250 mg. of calcium. All milk must be fortified with
Vitamins A and D. The daily requirement is 16 fluid ounces of milk or milk
equivalents. For persons 15-17 years of age, or pregnant lactating
women, the requirement is 32 fluid ounces of milk or milk equivalents.
One serving equals, but not limited to the following examples:
1-1/2 oz. natural cheese
2 oz. processed cheese
1-1/2 cu ps cottage cheese
1-1/2 cups ice cream or ice milk
1/3 cup dry milk
y. cup evaporated milk
1-cup yogurt
1-cup pudding
(c) Vegetable-Fruit Group. This includes all fresh, frozen, dried an/or canned
vegetables and fruits. One serving equals Y. cup vegetable or fruit, 6
ounces of juice: 1 medium apple, orange, banana, or potato; Y. grapefruit,
1/6 melon, or Y< cup dried fruit. The daily requirement of fruits and
vegetables shall be five servings. At least one serving shall be from each
of the three categories:
(1) One serving of a fresh fruit (peeled, if applicable) or vegetable.
(2) One serving of a Vitamin C source containing 30 mg. or more. One
serving equals, but is not limited to the following examples.
Orange
G ra pefru it
Broccoli
Brussels Sprouts
Green and red peppers
Tangerine, large
Cabbage
Orange Juice
Grapefruit juice
Cantaloupe or honeydew melon
Tomato Juice
Vegetable juice cocktail (not hydrated)
Strawberries
Cauliflower
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Agreement
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Tomato puree
Tomato paste
Tomato sauce (6 oz)
Greens, including collards
Kale, turnip, and mustard
Potatoes (baked only)
(3) One serving of a Vitamin A source containing 200 micrograms R.E.
or more. One serving equals, but is n9t limited to the following
examples: .
Cantaloupe Peas and carrots
Carrots Red peppers
Greens, including kale, beets, chard, mustard, turnips or squash
Sweet potatoes or yams Apricot nectar (6 oz.)
Vegetables juice cocktail (6 oz.)
Mixed vegetables with carrots (frozen)
Pumpkin Winter squash
Apricots
(d) Grain Group. The daily requirement shall equal six servings; this includes
bread, rolls, pancakes, sweet rolls, ready-to-eat cereals, cooked cereals,
corn bread, pasta, rice, tortillas, etc. and any food item containing whole or
enriched grains. At least three servings from this group must be made
with whole or partial whole grain products.
One serving equals, but is not limited to, the following examples:
White (including French and Italian), whole wheat, rye,
Pumpernickel, or raisin bread 1 slice
Bagel, small Y:z
English muffin, small Y:z
Plain roll, muffin or biscuit 1
Frankfurter roll Y:z
Hamburger bun Y:z
Dry bread crumbs 3 Tbsp.
Crackers:
Arrowroot 3
Graham 2-1/2"2
Matzo 4"x6"1/2
Oyster 20
Pretzels 3-1/8"long,1/8"dia.25
Rye wafers 2'x3-1/2"3
Saltines 6
Soda 2-1/2"sqA
Ready to eat unsweetened cereal :y. cup
Cereal, cooked Y:z cup
Rice, barley, pastas, spaghetti, macaroni, noodles, etc. Y:z cup
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Agreement
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Cornmeal, dry 2 Tbsp
Flour (wheat, whole wheat, carob, soybean, cornmeal, etc.) 2-1/2 Tbsp
Wheat germ y. cup
Pancakes (5") 1
Waffle (5") 1
Tortilla (6") ,1
,
The following grains meet the partial or whole grain requirement:
Barley Rolled oats
Cracked wheat Rye
Bran Corn meal (germed)
Whole wheat flour Soybean flour
Brown Rice Carob flour
The following bread-cereal products meet the partial or whole grain
requirements:
Whole wheat bread
Corn tortilla
Whole grain hot cereal
Grits
Whole grain pancakes and waffles
Whole grain bagels, muffins, and crackers
Whole grain ready-to-eat cereal
Oatmeal
Pumpernickel bread
Whole wheat rolls
Whole wheat flour tortilla
Additional servings from the dairy, vegetable-fruit, and bread-cereal groups
must be provided in amounts to assure caloric supply is at the required
levels. Fat shall be added only in minimum amounts necessary to make the
diet palatable. (No less than one tablespoon fat and/or oil shall be provided to
meet the body's need for essential nutrients.) A wide variety offoods should
be served. Spices should be used to improve the taste and eye appeal of
food served.
2.3 Beverages. Cold beverages shall be included with the meals, which includes juice
or milk.
2.4Re-Circulation of Menu. Menu items can only re-circulate every 4-5 days.
2.5Special Meals. The Police Holding Facility may request special meals for inmates
with vegetarian or therapeutic diets. Special meals pricing shall be the same as
standard meals.
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Agreement
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11 -30
3. OTHER CONDITIONS
3.1 Dietician Review. The menus set forth by Consultant shall be reviewed by a State
or County registered dietician to ensure compliance of the Recommended Dietary
Allowances (RDA) of the Food and Nutrition Board and Titles 15 and 24 of the
California Code of Regulations.
3.2 Ethics. Consultant shall conduct all business in an ethical manner and use quality
food ingredients in the preparation of meals. .
3.3 Responsibility for Acts of Employees. Consultant shall be responsible for all acts
of their employees while those employees are performing services for the City.
3.4 Compliance with California Code of Regulations. Consultant shall conduct all
business activities in compliance with Titles 15 and 24, California Code of Regulations
and Federal Office of Juvenile Justice and Delinquency Prevention standards.
3.5 Compliance with City Business License and General Operation Regulations.
Consultant shall conduct all business activities in compliance with Title 5, and other
applicable Chapters of the Chula Vista Municipal Code. A City of Chula Vista Business
License shall be maintained during duration of this agreement.
3.6 Compliance with City Building and Construction Regulations. Consultant shall
maintain all buildings and properties used in the provision of services to the City in
compliance with Title 15, and other applicable Chapters of the Chula Vista Municipal
Code.
3.7 Compliance with City Zoning Regulations. Consultant shall conduct all
operations relative to the provisions of services to the City in compliance with Title 19,
and other applicable Chapters of the Chula Vista Municipal Code.
3.8 Amendments to Scope of Work. City may independently, or upon request from
Consultant, increase or reduce the scope of work to be performed. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of resolving
issues of concern to either party that may arise from such an increase or reduction in
scope of work.
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Agreement
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COUNCIL AGENDA STATEMENT
Item # 12.
Meeting Date: 12/05/06
ITEM TITLE:
Consideration of proposals related to staffmg in the Department of Mayor
and Council and consideration of amendments to the Chula Vista
Municipal Code related to the appointing authority for positions
established in the Department of Mayor and Council
A. An ordinance of the City ofChula Vista amending Municipal Code
section 2.05.010 to add the positions of Legislative Assistant I,
Legislative Assistant II, and Legislative Assistant III in the
Department of Mayor and Council and the already established position
of Council Assistant to the list of approved unclassified positions in
the City (4/5ths vote required)
B. An ordinance of the City ofChula Vista repealing ordinance number
3042, designating the appointing authority for the position of
Intergovernmental Affairs Coordinator as the Mayor and Council
collectively
C. A resolution of the City Council of the City ofChula Vista (1)
eliminating the positions ofIntergovernmental Affairs Coordinator,
Constituent Services Manager, and Coastal/Environmental Policy
Consultant from the authorized positions in the Department of Mayor
and Council's fiscal year 2007 budget; (2) authorizing one Legislative
Assistant III position and two Legislative Assistant II positions within
the Department of Mayor and Council's existing fiscal year 2007
budget; and (3) establishing the compensation for the Legislative
Assistant I, Legislative Assistant II, and Legislative Assistant III
positions
D. An ordinance of the City of Chula Vista amending Municipal Code
Section 2.03.020 to designate the appointing authority for Council
Assistants, Senior Council Assistants, and other positions in the
Department of Mayor and Council
O;{\'
SUBMITTED BY: City Attorney and Mayor-elect
SUMMARY:
These proposed Council actions involve staffmg issues in the Department of Mayor and Council.
Items A through C are related to a proposal by Mayor-elect Cheryl Cox to redesign three
positions in the Department, by designating these positions as Legislative Assistants I, II, and III,
12-1
Item #: -12-
Meeting Date: 12-05-06
to serve at the will of the Mayor. These positions will have broader class specifications than the
current positions to allow greater flexibility in staffmg the Department to better meet the needs
of the City. It is proposed that these positions will replace the positions ofIntergovemmental
Affairs Coordinator, Constituent Services Manager, and CoastaVEnvironmental Policy
Consultant in the current fiscal year 2007 budget. There will be no new appropriations required
because the newly created positions will be funded through the cost savings in the elimination of
the above-mentioned positions. :
Item D is an ordinance to clarify that the Mayor is the appointing authority for positions
established in the Department of Mayor and Council unless otherwise provided by City Charter
or designated by the Council. Appointing authority is the power to appoint and to remove from
office. Since the creation of the Department in 1994, the Mayor has served as Department Head
with appointing authority for those positions created in the Department through the legislative
process; however, the Municipal Code should be amended to clearly state this practice. In
addition, pursuant to the Municipal Code, the legislative positions are currently tied to the tenure
of the Mayor, meaning that the appointment expires with a new Mayor's term. The intent of this
language was to give a new Mayor the opportunity to appoint new staff members to serve the
Mayor; however, the Council Assistants who serve other Councilmembers are included. This
language should be amended to conform to the practice that the Council Assistants are term-
limited to correspond with the tenure of the Councilmembers they serve, not the Mayor. Further,
it has been the practice in the Department that the Mayor has delegated appointing authority for
the Council Assistants to the individual Councilmembers served by the Assistant. It is the City
Attorney's recommendation that this practice be set forth in the Municipal Code.
RECOMMENDATION:
Mayor-elect Cox recommends that Council place the ordinances in Items A and B on first
reading and adopt the resolution in Item C; and the City Attorney recommends that the Council
place the ordinance in Item D on first reading.
DISCUSSION:
Following the election of Mayor-elect Cheryl Cox, questions arose related to the positions in the
Department of Mayor and Council. The Department was created by Council action in 1994. The
structure and operation of the Department is set forth in Chula Vista Municipal Code, Chapter
2.03, sections 2.03.010 through 2.03.030.
The Department is currently composed of the elected Councilmembers and the Mayor; the
private, executive secretary to the Mayor and Council; and staff members whose positions were
created through the legislative process. As currently set forth, the legislative positions are
unclassified. With the exception of clerical staff, the legislative positions are term-limited to
correspond to the tenure of the Mayor. Non-Charter mandated clerical staff members in the
Department are unclassified and serve at the Mayor's will, but their appointment does not
automatically expire with a new Mayor. The legislative positions in the Department include staff
members who work directly with the Mayor as well as staff members who work at the direction
of individual Councilmembers. A memorandum of law prepared by the City Attorney is
12-2
Item #: \ L-
Meeting Date: 12-05-06
attached as Exhibit A, and provides additional information on the legislative history of the
Department and its legal framework.
Council Items A through D are related to staffmg issues in the Department. Council Items A
through C are the means to implement the Mayor-elect's proposal to build greater flexibility into
positions serving the Department of Mayor and Council, by reclassifying three positions within
the Department as Legislative Assistant I, II, and III, with broad class specifications to better
serve the Department's role in policy setting, constituent relations, inter-agency relations, and
intra-agency/policy implementation. See Municipal Code ~ 2.03.010. Council Item D is
intended to clarify Council's intent and practice regarding appointment and tenure of staff
members, specifically those staff members who work directly with individual Councilmembers
or with the Mayor.
Items A through C: Mayor-elect's Proposal
Mayor-elect Cheryl Cox is proposing the elimination of the positions of Intergovernmental
Affairs Coordinator, Constituent Services Manager, and Coastal/Environmental Policy
Consultant in the fiscal year 2007 budget for the Department of Mayor and Council. In their
place, the Mayor-elect is proposing the establishment of three positions, Legislative Assistant I,
II, and III, which will have broader class specifications to better serve the needs of the
Department and the City. The positions will be at-will, unclassified middle management
positions, with the Mayor as the designated appointing authority. Class specifications for the
positions are attached for reference as Exhibit B. The three positions will provide greater
flexibility in funding as the salary range from an entry-level Legislative Assistant I to an
advanced journey-level Legislative Assistant III is broad.
The Mayor-elect is proposing funding the new positions through the savings provided by the
elimination of the above-listed positions from the current budget. The current budget has
sufficient funds for the Council to authorize one Legislative Assistant III, and two Legislative
Assistant II positions. The Council must establish all three positions of Legislative Assistant I,
II, and III, including the compensation for the positions, in the unclassified service (see Charter
~~ 500, 501), and authorize the number of positions to be included in the Department's current
budget (see Charter ~ 501).
Item A is an ordinance to establish the proposed unclassified, middle management positions of
Legislative Assistant I, II, and III in the Department. Pursuant to the authority of Charter section
500(a), the Council may by ordinance place management positions in the unclassified service by
a four-fifths vote. Item A also amends Municipal Code section 2.05.010 to set forth the new
Legislative Assistant I, II, and III positions and the already established Council Assistant
position in the list of approved unclassified positions. The Senior Council Assistant position is
already set forth in Municipal Code section 2.05.010.
Item B is a clean-up ordinance related to the elimination of the position of Intergovernmental
Affairs Coordinator from the current budget in the Department. The budgeted funds for this
position will be used to fund a Legislative Assistant position under the Mayor-elect's proposal.
12-3
Item#: 1'2-
Meeting Date: 12-05-06
Item C is a resolution to authorize the Legislative Assistant positions in the current Department
budget. There is sufficient funding for the Mayor to appoint one person to be a Legislative
Assistant III and two people to be a Legislative Assistant II. This resolution also establishes the
compensation for all of three Legislative Assistant positions.
Item D: City Attorney's Recommendation
"
Presently, under the Municipal Code, all staff members serving in legislative positions in the
Department, with the exception of clerical staff, are tied to the tenure of the Mayor. The
appointment of these staff members expires automatically when a new Mayor takes office. The
City Attorney is recommending an amendment to Municipal Code section 2.03.020 to clarify
that the Mayor is to serve as Department Head and appointing authority for all legislative
positions in the Department, except where designated otherwise by Council. This amendment
provides for individual Councilmembers to have appointing authority for their individual
Council Assistants. This amendment further provides that individual Council Assistants will be
term-limited to the tenure of the Councilmembers who appoint them. A strikeout version of the
proposed ordinance is attached to this Agenda Statement as Exhibit C for review of the proposed
changes.
DECISION MAKER CONFLICT: Not Applicable. The decisions contemplated by these four
actions are not site specific. Consequently, the 500-foot rule found in Califomia Code of
Regulations section l8704.2(a)(l) is not applicable to this decision.
FISCAL IMPACT: No additional appropriations are required as a result of the proposed
staffing changes. Approval of this action would result in ongoing savings of approximately
$6,000 on an annual basis because the previously approved compensation of the eliminated
positions in the Department was higher than the compensation proposed for the three Legislative
Assistant positions.
12-4
~ ~ft..
~
~~~~
..-:::.~'"'~
CllY OF
CHUlA VISfA
OFFICE OFTHE CITY ATTORNEY
MEMORANDUM OF LAW
DATE:
November 21,2006
TO:
SUBJECT:
Jim Thomson, Interim City Manager
C\ y{\'
Ann Moore, City Attorney
Joan F. Dawson, Deputy City Attorney 91rfJ
Department of Mayor and Council
VIA:
FROM:
QUESTIONS PRESENTED AND SHORT ANSWERS
You have asked the City Attorney for a response to three questions regarding positions within
the City ofChula Vista's Department of Mayor and Council [Department]. The questions and short
answers are as follows:
1) Which positions in the Department are at-will unclassified positions?
All positions within the Department are at-will unclassified positions.
2) Which positions in the Department are term-limited to correspond to the tenure
ofthe Mayor?
The Department is composed of the elected Mayor and Councilmembers, the private
secretary to the Mayor and Council that is permitted by Charter, any additional Charter positions
assigned to the Mayor and Council ["Charter positions," for reference in this memorandum], and
positions added to the Department pursuant to Chula Vista Municipal Code section 2.03.020
["legislative positions," for reference in this memorandum]. The legislative positions are term-
limited to correspond to the tenure of the Mayor, except for clerical positions .and positions
designated otherwise by Council action.
EXHIBIT A
276 FOURTH AVENUE. CHULA VISTA. CALI"~Fl1'iA 91910. (619) 691-6037. FAX (619) 409-5823
@ Poat.Con.~.....,Aecy~ledPIlp.t
Jim Thomson, Interim City Manager
November 21, 2006
Page 2
3) Who has appointing authority for the positions, the Mayor or the entire City
Council? .
The only Charter position in the Department other than the elected officials is the private,
executive secretary to the Mayor and Council. The appointing authority for the private secretary
is the Mayor and Council as a body. See Charter S 500(a). The private secretary may be
removed from office by a majority vote of the members of the Council. See Charter S 500(b).
The Municipal Code does not specifically set forth the appointing authority for the
legislative positions in the Department. However, Municipal Code section 2.03.020 ties the
legislative positions to the tenure of the Mayor, except for clerical positions and those designated
otherwise by Council action. Based on a review of the legislative history regarding the adoption
of Municipal Code section 2.03.020, it is the City Attorney's opinion that the Mayor is the
intended department head with appointing authority. See Charter S 507. It is the City Attorney's
recommendation that Municipal Code section 2.03 .020 be amended to clearly set forth the
Council's intent in designating the appointing authority for legislative positions in the
Department, not inconsistent with the Charter.
BACKGROUND
The Department was created by ordinance in 1994. Its stated responsibility is "policy
setting and constituent relations, inter-agency relations, and intra-agency/policy implementation,
but which shall not involve any administrative services." CYMC S 2.030.010. The Department
is composed of the elected mayor and elected councilmembers, the private secretary to the mayor
and council permitted by Charter, any additional Charter positions assigned to either the mayor
and council, and "any positions assigned to the department of mayor and council by such means
commonly recognized for assignment of personnel, such as by the budgetary process." CVMC S
2.030.020. The positions assigned to the Department through the legislative process, with the
exception of clerical positions and positions designated otherwise by Council action, are
unclassified, management positions that are term-limited to correspond to the tenure of the
Mayor. Id.
Prior to the creation of the Department, the City Manager was responsible for hiring
Council staff. In a memo prepared for Council by former City Attorney Bruce Boogaard on
September 15, 1991, he concluded that the Council could appoint staff (in addition to the City
Manager, City Attorney, City Clerk, and Secretary to the Mayor and Council) if the Council
made the Office of Mayor and Council a department. He contemplated that the staff would be
"appointed and terminated by a three-fifths vote of the Council and would be supervised by the
Mayor." See Council Agenda Statement, September 17,1991, Item 14, p. 4.
When the idea for a Department was first introduced in 1991, the Council rejected it and
maintained appointing authority for Council aides with the City Manager. In 1994, the proposal
regarding creation of the Department was raised again when the Council asked the City
EXHIBIT A
CITY O~ tRBLA VISTA
Jim Thomson, Interim City Manager
November 21,2006
Page 3
Attorney's Office for an opinion as to whether the Council had authority to hITe and fIre
department staff. See Council Age.nda Statement, December 13, 1994, Item 6, p. 1. It was the
City Attorney's opinion that the creation of the Department was necessary to provide appointing
authority for non-Charter mandated positions. In 1994, the Council approved the creation of the
Department by amending the Municipal Code to add Chapter 2.03. See Ordinance 2619. The
appointing authority was not specifically set forth in the ordinance. However, the legislative
positions were tied to the tenure of the Mayor to give a new Mayor the ability to appoint the staff
in the Department. In the Council Agenda Statement dated December 13, 1994, provided with
the ordinance, former City Attorney Boogaard stated that the creation of the Department gave the
Mayor the status of "Department Head" and afforded him or her the ability to hire and fire
departmental subordinates.
The ordinance enacted in 1994 provides that positions assigned to the Department
through the legislative process are unclassified, management positions that are "term limited to
correspond to the tenure of the Mayor, as the Council shall determine in establishing the
position." CYMC ~ 2.03.020. In the same legislative act, the Council, by ordinance, added the
position of Assistant to the Mayor and Council to the unclassified positions. The job
specification for the Assistant position stated, "Upon the Mayor's loss of office for any reason,
entitlement to the position expires automatically without further notice." Spec-12.94, Assistant
to the Mayor and Council (Unc1assified/Limited Term). The Minutes from the December 6,
1994 Council meeting summarized the legislative action as follows:
ORDINANCE 2619: In order that the Mayor have hiring and termination
authority, creation of the Department of Mayor and Council is necessary. The
position of Assistant to the Mayor and City Council was created as an "At Will"
position to serve at the pleasure of the Mayor and City Council. It is important
that the position be Unclassified because the Mayor, who supervises the
incumbent, serves a finite term and as turnover occurs, he/she should have the
ability to appoint an Assistant who possesses the knowledge, skills and abilities
judged necessary by that Mayor.
Council Minutes, December 6,1994.
As noted above, there are two categories of officers and employees in the Department of
Mayor and Council: 1) those established by City Charter [Charter positions] and 2) those
established pursuant to the provisions of Municipal Code section 2.03.020 [legislative positions].
Currently, the Charter positions in the Department are the elected Mayor and Councilmembers,
and the private, executive secretary to the Mayor and Council. The legislative positions are set
forth in Chula Vista Municipal Code section 2.05.010, and are discussed more fully below.
CITY o~ eRJLA VISTA
EXHIBIT A
Jim Thomson, Interim City Manager
November 21, 2006
Page 4
DISCUSSION
1) Which positions in the Department are at-will nnclassified positions?
All positions within the Department are at-will and unclassified.
The Charter positions in the Department are the elected Mayor and Councilmembers, and
the private, executive secretary to the Mayor and Council. The executive secretary is a position
established by Charter section 500(a). The executive secretary is in the unclassified service and
is appointed by the Mayor and Council and serves at their will. The executive secretary may be
removed from office by a majority vote of the members of the Council. See Charter sec. 500(b).
The other positions in the Department are legislative positions, and all are at-will and
unclassified pursuant to the provisions of Municipal Code sections 2.03.020 and 2.05.010. They
are the Chief of Staff; Intergovernmental Affairs Coordinator (currently serving at the will of the
Mayor and Council by legislative act); Coastal/Environmental Policy Consultant; Constituent
Services Manager; Senior Council Assistant; Council Assistants (hourly positions); and Office
Specialist (clerical position).
2) Which positions in the Department are term-limited to correspond to the tenure
of the Mayor?
Pursuant to the provisions of Municipal Code section 2.03.020, all legislative positions in
the Department are term-limited to correspond to the tenure of the Mayor, except for clerical
positions and positions designated otherwise by the Council through the legislative process. The
language of section 2.03.020 is as follows:
The Department of Mayor and Council shall have assigned to it the elected Mayor
and elected Councilmembers, the private secretary to the Mayor and Council that
is permitted by Charter, any additional Charter positions assigned to either the
Mayor or Mayor and Council and any positions assigned to the Department of
Mayor and Council by such means commonly recognized for assignment of
personnel, such as by the budgetary process. Positions so assigned to the
Department of Mayor and Council should, except for clerical positions, be
considered new Mid-Management positions and given an unclassified status and
be term-limited to correspond to the tenure of the Mayor, as the Council shall
determine in establishing the position.
The Office Specialist is a clerical position and is exempted out from being term-limited
with the Mayor. By ordinance approved on September 26, 2006, the Council designated the
appointing authority for the Intergovernmental Affairs Coordinator to be the Mayor and Council.
The Intergovernmental Affairs Coordinator is subject to removal by a majority vote of the
members of the Council. See Charter Ii 500(b). The Council has, by resolution, determined that
CITY O~ eH~LA VISTA
EXHIBIT A
Jim Thomson, Interim City Manager
November 21, 2006
Page 5
the Council Assistants work at the direction of the assigned Councilmembers; however,
appointing authority has not been granted to the individual Councilmembers by legislation. See
Resolution No. 2003-382. In practice, the Mayor has delegated appointing authority to the
individual Councilmembers to select their Council Assistants. It is the City Attorney's
recommendation that Council adopt legislation not inconsistent with the Charter to clearly set
forth the appointing authority for the Council Assistants. The remaining legislative positions,
Chief of Staff, Constituent Services Manager, and CoastallEnvironmental Policy Consultant, are
tied to the tenure of the Mayor. Upon the Mayor's loss of office, the incumbent's entitlement to
the position expires automatically.
3) Who has appointing authority for the positions in the Department, the Mayor or
the entire City Council? .
Charter section 201 vests all powers of the City, except as otherwise provided by Charter,
in the City Council as a body. As noted above, the appointing authority for the position of
private, executive secretary to the Mayor and Council is set forth in the Charter. The secretary is
appointed by and serves the Council as a body. Charter S 500. The executive secretary may be
removed by a majority vote of the members of the Council. Charter S 500(b).
The other positions currently in the Department fall into the category oflegislative
positions in that they were assigned to the Department by such means commonly recognized for
assignment of personnel, such as by the budgetary process. CVMC S 2.03.020. Municipal Code
section 2.03.020 provides that the legislative positions in the Department are "term-limited to
correspond to the tenure of the mayor, as the council shall determine in establishing the
position." It is the City Attorney's opinion that, by approving this language, the Council
intended to delegate appointing authority to the Mayor for the legislative positions, except for
those positions designated otherwise by Council.
As the chief executive of the City, the City Manager is vested with appointing authority
for administrative positions. Charter S 400. The Charter grants the City Council limited
appointing authority for designated officers and employees. Charter S 500(a). The City's
department heads hold appointing authority for their respective departments:
Each department and appointive officer shall have the power to appoint and
remove such deputies, assistants, subordinates and employees as are provided for
by the City Council for their department or office, subject to the civil service
provisions, or as provided by ordinance of the Council as authorized by section
500(a) of this Charter, and subject to prior approval of the City Manager.
Charter S 507.
The Charter provides that the Mayor "shall have the power and duty. . . to
supervise the operation of the mayor/council office and personnel assigned thereto."
Charter S 304(b)(6). The Mayor may also "perform such other duties consistent with the
EXHIBIT A
CITY O~ ti=iBLA VISTA
Jim Thomson, Interim City Manager
November 21,2006
Page 6
office as may be prescribed by this Charter or delegated to the Mayor or imposed on the
Mayor by the City Council if not inconsistent with the provisions of this Charter."
Charter S 304(b )(7). "
As a general principle within a municipal corporation, where no officer or person
is expressly authorized to exercise the power of appointments, the common council of the
municipality is the only authority that can exercise it. Ex parte Stone, 48 Cal. App. 463
(1920). Charter section 201 provides, "All powers of the City, except as otherwise
provided in this Charter, shall be vested in the City Council." Generally, the elements of
executive authority include the power of appointment, removal, supervision, and
management. California Assn. of Retail Tobacconists v. State of California, 109 Cal.
App. 4th 792 (2003). The power to remove someone from a position, in the absence of
statutory or constitutional provisions to the contrary, is incident to or inherent in the
power to appoint to the position. Burnap v. United States, 252 U.S. 512, 515 (1920);
Myers v. United States, 272 U.S. 52, 172 (1926); Parsons v. County of Los Angeles, 37
Cal. App. 2d 666, 672 (1940)("where no restrictive provisions, the power of appointment
carries with it the power of removal").
While there is no express language in the Municipal Code setting forth that the
Mayor is the appointing authority for the Department, the legislative positions are tied to
the tenure of the Mayor, except where designated otherwise by Council. By linking the
positions to the Mayor, it is the City Attorney's opinion that the Mayor is the intended
appointing authority. CVMC S 2.030.020. See also Sponagle v. Curnow, 136 Cal. 580,
582 (1902). A review of the legislative record commns that intent. The Council can
maintain appointing authority when establishing positions, as provided by Municipal
Code section 2.03.020. By Council action on September 26, 2006, the appointing
authority for.the Intergovernmental Affairs Coordinator was designated as the Mayor and
Council.
Although the legislative record sets forth Council's intent to delegate appointing
authority to the Mayor as Department Head, it is the City Attorney's recommendation
that the Council amend Municipal Code section 2.030.020, consistent with the relevant
Charter provisions, to clarify the appointing authority for all legislative positions in the
Department.
EXHIBIT A
CITY O'l=t-HlRA VISTA
CITY OF CHULA VISTA
LEGISLATIVE ASSISTANT I
DEFINITION
To perform entry-level professional, technical, and analytical duties related to the Mayor's
Office; to assist the Mayor and Council in researching, analyzing, and interpreting the policy
implications and impacts of legislation on the City; act as a :constituent liaison and perform
administrative work involving research, problem and dispute resolution, program and project
management and preparation of reports and recommendations for the Mayor; plan, coordinate
and implement programs and events; coordinate assigned activities with other departments,
outside agencies, and the general public.
DISTINGUISHING CHARACTERISTICS
This is an unclassified, at-will, middle management level classification established in the
Department of the Mayor and Council. It is subject to the authority and limitations set forth in
the City Charter and the Municipal Code. This position works as a liaison between the Mayor
and Council. This position also works as a liaison between the Mayor and Council and the City
Manager, formulating policy decisions related to legislation that may affect the City. This
position is limited to policy work, and is precluded from influencing, interfering with or
performing the administrative or executive functions of the City Manager.
As the entry-level class in the Legislative Analyst series, the Legislative Analyst I class is
distinguished from the II level by the performance of less than the full range of duties assigned to
the II level. Incumbent works under immediate supervision while learning job tasks, progressing
to general supervision as procedures and processes of assigned area of responsibility are learned.
SUPERVISION RECEIVED AND EXERCISED
Receives immediate supervision from the Mayor or Chief of Staff.
ESSENTIAL FUNCTIONS - Functions may include, but are not limited to, the following:
Plan, coordinate, and perform functions related to the activities of the Department of the Mayor
and Council; provide the Mayor and department heads with timely information, analyses,
technical assistance, and recommendations regarding various legislative issues that might impact
the City.
Provide the Mayor and Council, Legislative Committee, and City Manager's Office with timely
information, analyses, and recommendations regarding legislative issues that might impact the
City.
EXHIBIT B
12-11
CITY OF CHULA VISTA
Legislative Assistant I
Page 2
Develop, in coordination with the Legislative Committee and the City Manager or hislher
designee, an annual legislative program for the City.
Plan, schedule, and prepare quarterly and year-end legislative reports for the Mayor and Council,
Legislative Committee, and City Manager's Office.
Monitor, analyze, and interpret pending and proposed federal, state, and local legislation, assess
its impacts, and prepare recommendations for the Legislative Committee and the City Manager
or hislher designee for effective courses of action; coordinate with other cities on policies and
procedures related to common concerns or interests.
Prepare and present staff reports to Legislative Committee, Mayor and Council, and City
Manager, and prepare other necessary correspondence as requested and appropriate.
Coordinate strategies with the Legislative Committee and the City Manager's Office to attain or
prevent passage of legislation by seeking input from appropriate sources to avoid adverse impact
on the City.
Act as Mayor and Council liaison to the City's lobbyist at the federal and/or state level and
provide information and analysis to the lobbyist as directed by the Legislative Committee and/or
the City Manager.
Coordinate Mayoral and Council visits to district offices of federal and state legislators.
Represent the Mayor and Council to outside agencies and organizations and participate in
community and professional groups and committees as directed.
Forward constituent or outside agency requests regarding proposed legislation on matters of City
operational concerns to the City Manager or hislher designee.
Arrange for personal and Mayoral/Council visits to district offices of state and federal legislators.
Research and interpret City policies, rules, and regulations in response to inquiries.
Represent the City to outside agencies and organizations, and participate in community and
professional groups and committees.
Serve as liaison between the Mayor and the community; document complaints/concerns and
provide advice and assistance to individuals and groups; may refer issues to City staff for further
review or follow-up.
Communicate with citizens, management, public officials, the general public, and other City
employees in order to receive complaints and inquires from the public, and provide requested
information or referral.
12-12
EXHIBIT B
CITY OF CHULA VISTA
Legislative Assistant I
Page 3
Work with community groups to resolve neighborhood concerns.
Schedule, attend, and occasionally lead a variety of community, business, and neighborhood
meetings as the Mayor's representative; staffboards and commissions.
Make presentations and provide input on current issues to keep the public informed of programs,
accomplishments, or points of view of the Department of the Mayor and Council; solicit and
receive input from individuals and ensure the Mayor is apprised of community thoughts,
opinions, and recommendations; keep abreast of City and community issues, projects, programs,
and services to enhance public awareness and community input.
Compose correspondence dealing with issues and subject matters in ways that sometimes require
considerable discretion, judgment, or negotiation in replying to inquiries and/or presenting or
requesting information.
Compile and develop information for special studies and reports from a variety of resources.
Make recommendations for corrective actions where applicable and prepare written reports.
Participate in community planning meetings with members of advocacy groups; craft
compromises and solutions to complex problems.
Utilize a variety of databases and computer programs to develop reports and produce statistical
information.
Build and maintain positive working relationships with co-workers, other City employees, and
the public using principles of good customer services.
Perform other related duties as assigned.
MINIMUM OUALIFICATIONS
Knowledge of:
Principles and practices of public administration.
State and federal legislative processes.
Pertinent federal, state, and local laws, rules, and policies regarding local govemment
operations.
Legislative process and role oflegislative committees.
Interest groups and their role in advocacy of federal, state, and local policies.
EXHIBIT B
12-13
CITY OF CHULA VISTA
Legislative Assistant I
Page 4
Research methods, techniques, and report presentation.
Legislative research techniques.
Above average analytical ability.
Principles and practices of operational, descriptive statistics, and research.
Techniques and concepts of database management systems and conceptual systems
design in order to store and extract data.
Methods and techniques of statistical and applied research and analysis.
Principles of data collection, collation, analysis, and dissemination.
Modem office practices and procedures.
Computer equipment and software applications related to assignment.
English usage, spelling, granunar, and punctuation.
Ability to:
Analyze problems, identify alternative solutions, project consequences of proposed
actions, and implement recommendations in support of goals.
Monitor federal, state, and local legislative programs.
Gain cooperation through discussion and persuasion.
Prepare legislative proposals.
Write and present clear, concise, and accurate oral and written reports, including sound
recommendations.
Present training sessions related to area of responsibility.
Travel to other locations in the City and out of town as necessary.
Interpret and explain pertinent City policies and procedures.
Develop and recommend policies and procedures related to area of responsibility.
12-14
EXHIBIT B
CITY OF CHULA VISTA
Legislative Assistant I
Page 5
Investigate, evaluate, and recommend solutions to legislative and administrative
problems.
Prepare and present factual data.
Identify and track federal, state, and local legislative bills having impact on the City.
Analyze policy issues, research and compile technical and statistical information, make
recommendations, and prepare reports.
Gather, manage, and appropriately disseminate sensitive information.
Create, maintain, and access database files.
Interpret and apply applicable laws, policies, rules, and regulations.
Prioritize and coordinate several work activities and follow up as required; research,
organize, and maintain accurate office files.
Plan and organize work to meet changing priorities and deadlines.
Use initiative and sound independent judgment within established guidelines.
Work independently and as a member of a team.
Make oral presentations to a variety of groups.
Operate standard computer and office equipment related to assigrunent
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of
work.
EX1;lerience and Training
Any combination of experience and traunng that would likely provide the required
knowledge, skills, and abilities is qualifying. A typical way to obtain the knowledge, skills,
and abilities would be:
Experience:
Two years of responsible governmental administrative staff experience including
the analysis of legislation and participation in a variety of business/community
EXHffiIT B
12-15
CITY OF CHULA VISTA
Legislative Assistant I
Page 6
oriented special projects and activities. Local government expenence In
legislative related activity is highly is desirable.
Training;
..
Equivalent to a Bachelor's degree from an accredited college or university with a
major in public administration, political science, public relations, journalism or a
closely related field
License or Certificate
Possession of a valid California driver's license.
PHYSICAL DEMANDS
On a continuous basis, sit at desk for long periods of time. Intermittently twist and reach office
equipment; use telephone, write, or use keyboard to communicate through written means; may
lift light weight. See in the normal vision range with or without correction to read typical
business documents and computer screens; hear in the normal range with or without correction.
WORKING ENVIRONMENT
Primary work is performed within an even-floored, carpeted, and air-conditioned office
environment with fluorescent lighting and a moderate noise level. Some movement is required from
office-to-office, and there is occasional exposure to the external environment when going to
outlying offices or meetings. Work is frequentlydisrupted by the need to respond to in-person and
telephone inquiries.
12-16
EXHffiIT B
CITY OF CHULA VISTA
LEGISLATIVE ASSISTANT II
DEFINITION
To perform a variety of professional level technical and analytical duties related to the Mayor's
Office; to assist the Mayor and Council in researching, analyzing, and interpreting the policy
implications and impacts of legislation on the City; act as a :constituent liaison and perform
administrative work involving research, problem and dispute resolution, program and project
management and preparation of reports and recommendations for the Mayor; plan, coordinate
and implement programs and events; coordinate assigned activities with other departments,
outside agencies, and the general public.
DISTINGUISHING CHARACTERISTICS
This is an unclassified, at-will, middle management level classification established in the
Department of the Mayor and CounciL It is subject to the authority and limitations set forth in
the City Charter and the Municipal Code. This position works as a liaison between the Mayor
and CounciL This position also works as a liaison between the Mayor and Council and the City
Manager, formulating policy decisions related to legislation that may affect the City. This
position is limited to policy work, and is precluded from influencing, interfering with or
performing the administrative or executive functions of the City Manager.
As the full journey level class in the Legislative Analyst series, this position has the ability to
perform the full range of duties assigned with only occasional instruction or assistance as unique
situations arise. This class is distinguished from the Legislative Analyst I in that it performs
journey level work with a high level of independence. Positions in this class are flexibly staffed
and are normally filled by advancement from the level I or by outside candidates having prior
experience. This is an unclassified at-will position, in which the incumbent serves at the will of
the Mayor. The incumbent may be required to work a varied schedule, which includes evenings
and weekends.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Mayor or Chief of Staff.
ESSENTIAL FUNCTIONS - Functions may include, but are not limited to, the following:
Plan, coordinate, and perform functions related to the activities of the Department of the Mayor
and Council; provide the Mayor and department heads with timely information, analyses,
technical assistance, and recommendations regarding various legislative issues that might impact
the City.
EXHIBIT B
12-17
CITY OF CHULA VISTA
Legislative Assistant II
Page 2
Provide the Mayor and Council, Legislative Committee, and City Manager's.Office with timely
information, analyses, and reco=endations regarding legislative issues that might impact the
City.
.
Develop, in coordination with the Legislative Committee and the City Manager or his/her
designee, an annual legislative program for the City.
Plan, schedule, and prepare quarterly and year-end legislative reports for the Mayor and Council,
Legislative Co=ittee, and City Manager's Office.
Monitor, analyze, and interpret pending and proposed federal, state, and local legislation, assess
its impacts, and prepare reco=endations for the Legislative Committee and the City Manager
or his/her designee for effective courses of action; coordinate with other cities on policies and
procedures related to co=on concerns or interests.
Prepare and present staff reports to Legislative Committee, Mayor and Council, and City
Manager, and prepare other necessary correspondence as requested and appropriate.
Coordinate strategies with the Legislative Committee and the City Manager's Office to attain or
prevent passage of legislation by seeking input from appropriate sources to avoid adverse impact
on the City.
Act as Mayor and Council liaison to the City's lobbyist at the federal and/or state level and
provide information and analysis to the lobbyist as directed by the Legislative Committee and/or
the City Manager.
Coordinate Mayoral and Council visits to district offices of federal and state legislators.
Represent the Mayor and Council to outside agencies and organizations and participate in
co=unity and professional groups and committees as directed.
Forward constituent or outside agency requests regarding proposed legislation on matters of City
operational concerns to the City Manager or his/her designee.
Arrange for personal and Mayoral/Council visits to district offices of state and federal legislators.
Research and interpret City policies, rules, and regulations in response to inquiries.
Represent the City to outside agencies and organizations, and participate in co=unity and
professional groups and committees.
Serve as liaison between the Mayor and the co=unity; document complaints/concerns and
provide advice and assistance to individuals and groups; may refer issues to City staff for further
review or follow-up.
12-18
EXHIBIT B
CITY OF CHULA VISTA
Legislative Assistant II
Page 3
Communicate with citizens, management, public officials, the general public, and other City
employees in order to receive complaints and inquires from the public, and provide requested
information or referral.
Work with community groups to resolve neighborhood concerns:
Schedule, attend, and occasionally lead a variety of community, business, and neighborhood
meetings as the Mayor's representative; staff boards and commissions.
Make presentations and provide input on current issues to keep the public informed of programs,
accomplishments, or points of view of the Department of the Mayor and Council; solicit and
receive input from individuals and ensure the Mayor is apprised of community thoughts,
opinions, and recommendations; keep abreast of City and community issues, projects, programs,
and services to enhance public awareness and community input.
Compose correspondence dealing with issues and subject matters in ways that sometimes require
considerable discretion, judgment, or negotiation in replying to inquiries andlor presenting or
requesting information.
Compile and develop information for special studies and reports from a variety of resources.
Make recommendations for corrective actions where applicable and prepare written reports.
Participate in community planning meetings with members of advocacy groups; craft
compromises and solutions to complex problems.
Utilize a variety of databases and computer programs to develop reports and produce statistical
information.
Build and maintain positive working relationships with co-workers, other City employees, and
the public using principles of good customer services.
Perform other related duties as assigned.
MINIMUM OUALIFICATIONS
Knowledge of:
Principles and practices of public administration.
State and federal legislative processes.
Pertinent federal, state, and local laws, rules, and policies regarding local govemment
operations.
EXHIBIT B
12-19
CITY OF CHULA VISTA
Legislative Assistant II
Page 4
Legislative process and role of legislative committees.
Interest groups and their role in advocacy of federal, stat~, and local policies.
Research methods, techniques, and report presentation.
Legislative research techniques.
Above average analytical ability.
Principles and practices of operational, descriptive statistics, and research.
Techniques and concepts of database management systems and conceptual systems
design in order to store and extract data.
Methods and techniques of statistical and applied research and analysis.
Principles of data collection, collation, analysis, and dissemination.
Modem office practices and procedures.
Computer equipment and software applications related to assignment.
English usage, spelling, grammar, and punctuation.
Ability to:
Analyze problems, identify alternative solutions, project consequences of proposed
actions, and implement recommendations in support of goals.
Monitor federal, state, and local legislative programs.
Gain cooperation through discussion and persuasion.
Prepare legislative proposals.
Write and present clear, concise, and accurate oral and written reports, including sound
recommendations.
Present training sessions related to area of responsibility.
Travel to other locations in the City and out of town as necessary.
12-20
EXHffiIT B
CITY OF CHULA VISTA
Legislative Assistant II
Page 5
Interpret and explain pertinent City policies and procedures.
Develop and recommend policies and procedures related to area of responsibility.
Investigate, evaluate, and recommend solutions to . legislative and administrative
problems.
Prepare and present factual data.
Identify and track federal, state, and local legislative bills having impact on the City.
Analyze policy issues, research and compile technical and statistical information, make
recommendations, and prepare reports.
Gather, manage, and appropriately disseminate sensitive information.
Create, maintain, and access database files.
Interpret and apply applicable laws, policies, rules, and regulations.
Prioritize and coordinate several work activities and follow up as required; research,
organize, and maintain accurate office files.
Plan and organize work to meet changing priorities and deadlines.
Use initiative and sound independent judgment within established guidelines.
Work independently and as a member of a team.
Make oral presentations to a variety of groups.
Operate standard computer and office equipment related to assigmnent
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of
work.
Experience and Training
Any combination of experience and training that would likely provide the required
knowledge, skills, and abilities is qualifying. A typical way to obtain the knowledge, skills,
and abilities would be:
EXHIBIT B
12-21
CITY OF CllliLA VISTA
Legislative Assistant II
Page 6
Experience:
Four years of increasingly responsible govemmental administrative staff
experience including the analysis of legislation \illd participation in a variety of
business/community oriented special projects and activities. Local govemment
experience in legislative related activity is highly is desirable.
Training:
Equivalent to a Bachelor's degree from an accredited college or university with a
major in public administration, political science, public relations, joumalism or a
closely related field
License or Certificate
Possession of a valid California driver's license.
PHYSICAL DEMANDS
On a continuous basis, sit at desk for long periods of time. Intermittently twist and reach office
equipment; use telephone, write, or use keyboard to communicate through written means; may
lift light weight. See in the normal vision range with or without correction to read typical
business documents and computer screens; hear in the normal range with or without correction.
WORKING ENVIRONMENT
Primary work is performed within an even-floored, carpeted, and air-conditioned office
enviromnent with fluorescent lighting and a moderate noise level. Some movement is required from
office-to-office, and there is occasional exposure to the external enviromnent when going to
outlying offices or meetings. Work is frequently disrupted by the need to respond to in-person and
telephone inquiries.
12-22
EXHIBIT B
CITY OF CHULA VISTA
LEGISLATIVE ASSISTANT III
DEFINITION
To perform highly complex and sensitive, technical, and analytical duties related to the Mayor's
Office; to assist the Mayor and Council in researching, analyzing, and interpreting the policy
implications and impacts of legislation on the City; act as a :constituent liaison and perform
administrative work involving research, problem and dispute resolution, program and project
management and preparation of reports and recommendations for the Mayor; plan, coordinate and
implement programs and events; coordinate assigned activities with other departments, outside
agencies, and the general public.
DISTINGUISHING CHARACTERISTICS
This is an unclassified, at-will, middle management level classification established in the
Department of the Mayor and Council. It is subject to the authority and limitations set forth in
the City Charter and the Municipal Code. This position works as a liaison between the Mayor
and Council. This position also works as a liaison between the Mayor and Council and the City
Manager, formulating policy decisions related to legislation that may affect the City. This
position is limited to policy work, and is precluded from influencing, interfering with or
performing the administrative or executive functions of the City Manager.
As the advanced journey level class in the Legislative Analyst series, this class is distinguished
from the Legislative Analyst II in that it performs advanced journey level work with a high level
of independence and performs the highly complex and sensitive assignments. Positions in this
class are flexibly staffed and are normally filled by advancement from the level II or by outside
candidates having prior experience.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Mayor or Chief of Staff.
ESSENTIAL FUNCTIONS - Functions may include, but are not limited to, the following:
Plan, coordinate, and perform functions related to the activities of the Department of the Mayor
and Council; provide the Mayor and department heads with timely information, analyses,
technical assistance, and recommendations regarding various legislative issues that might impact
the City.
Provide the Mayor and Council, Legislative Committee, and City Manager's Office with timely
information, analyses, and recommendations regarding legislative issues that might impact the
City.
EXHmIT B
12-23
CITY OF CHULA VISTA
Legislative Assistant III
Page 2
Develop, in coordination with the Legislative Committee and the City Manager or his/her
designee, an annual legislative program for the City.
Plan, schedule, and prepare quarterly and year-end legislative reports for the Mayor and Council,
Legislative Committee, and City Manager's Office.
Monitor, analyze, and interpret pending and proposed federal, state, and local legislation, assess
its impacts, and prepare recommendations for the Legislative Committee and the City Manager
or his/her designee for effective courses of action; coordinate with other cities on policies and
procedures related to common concerns or interests.
Prepare and present staff reports to Legislative Committee, Mayor and Council, and City
Manager, and prepare other necessary correspondence as requested and appropriate.
Coordinate strategies with the Legislative Committee and the City Manager's Office to attain or
prevent passage of legislation by seeking input from appropriate sources to avoid adverse impact
on the City.
Act as Mayor and Council liaison to the City's lobbyist at the federal and/or state level and
provide information and analysis to the lobbyist as directed by the Legislative Committee and/or
the City Manager.
Coordinate Mayoral and Council VlSlts to district offices of federal and state legislators.
Represent the Mayor and Council to outside agencies and organizations. and participate in
community and professional groups and committees as directed.
Forward constituent or outside agency requests regarding proposed legislation on matters of City
operational concerns to the City Manager or his/her designee.
Arrange for personal and MayoraVCouncil visits to district offices of state and federal legislators.
Research and interpret City policies, rules, and regulations in response to inquiries.
Represent the City to outside agencies and organizations, and participate in community and
professional groups and committees.
Serve as liaison between the Mayor and the community; document complaints/concerns and
provide advice and assistance to individuals and groups; may refer issues to City staff for further
review or follow-up.
Communicate with citizens, management, public officials, the general public, and other City
employees in order to receive complaints and inquires from the public, and provide requested
information or referral.
12-24
EXHmIT B
CITY OF CHULA VISTA
Legislative Assistant III
Page 3
Work with community groups to resolve neighborhood concerns.
Schedule, attend, and occasionally lead a variety of community, business,. and neighborhood
meetings as the Mayor's representative; staff boards and commi~ions.
Make presentations and provide input on current issues to keep the public informed of programs,
accomplishments, or points of view of the Department of the Mayor and Council; solicit and
receive input from individuals and ensure the Mayor is apprised of community thoughts,
opinions, and recommendations; keep abreast of City and community issues, projects, programs,
and services to enhance public awareness and community input.
Compose correspondence dealing with issues and subj ect matters in ways that sometimes require
considerable discretion, judgment, or negotiation in replying to inquiries and/or presenting or
requesting information.
Compile and develop information for special studies and reports from a variety of resources.
Make recommendations for corrective actions where applicable and prepare written reports.
Participate in community planning meetings with members of advocacy groups; craft
compromises and solutions to complex problems.
Utilize a variety of databases and computer programs to develop reports and produce statistical
information.
Build and maintain positive working relationships with co-workers, other City employees, and
the public using principles of good customer services.
Perform other related duties as assigned.
MINIMUM OUALIFICATIONS
Knowledge of:
Principles and practices of public administration.
State and Federal legislative processes.
Pertinent federal, state, and local laws, rules, and policies regarding local govemment
operations.
Legislative process and role oflegislative committees.
Interest groups and their role in advocacy of federal, state, and local policies.
EXHffiIT B
12-25
CITY OF CHULA VISTA
Legislative Assistant III
Page 4
Research methods, techniques, and report presentation.
Legislative research techniques.
.
.
Above average analytical ability.
Principles and practices of operational, descriptive statistics, and research.
Techniques and concepts of database management systems and conceptual systems
design in order to store and extract data.
Methods and techniques of statistical and applied research and analysis.
Principles of data collection, collation, analysis, and dissemination.
Modem office practices and procedures.
Computer equipment and software applications related to assignment.
English usage, spelling, grammar, and punctuation.
Abilitv to:
Analyze problems, identifY alternative solutions, project consequences of proposed
actions, and implement recommendations in support of goals.
Monitor federal, state, and local legislative programs.
Gain cooperation through discussion and persuasion.
Prepare legislative proposals.
Write and present clear, concise, and accurate oral and written reports, including sound
recommendations.
Present training sessions related to area of responsibility.
Travel to other locations in the City and out of town as necessary.
Interpret and explain pertinent City policies and procedures.
Develop and recommend policies and procedures related to area of responsibility.
12-26
EXHIBIT B
CITY OF CHULA VISTA
Legislative Assistant III
Page 5
Investigate, evaluate, and recommend solutions to legislative and administrative
problems.
Prepare and present factual data.
Identify and track federal, state, and local legislative bills having impact on the City.
Analyze policy issues, research and compile technical and statistical information, make
recommendations, and prepare reports.
Gather, manage, and appropriately disseminate sensitive information.
Create, maintain, and access database fIles.
Interpret and apply applicable laws, policies, rules, and regulations.
Prioritize and coordinate several work activities and follow up as required; research,
organize, and maintain accurate office fIles.
Plan and organize work to meet changing priorities and deadlines.
Use initiative and sound independent judgment within established guidelines.
Work independently and as a member of a team.
Make oral presentations to a variety of groups.
Operate standard computer and office equipment related to assigrunent
Communicate clearly and concisely, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of
work.
Experience and Training
Any combination of experience and training that would likely provide the required
knowledge, skills, and abilities is qualifying. A typical way to obtain the knowledge, skills,
and abilities would be:
Experience:
Five years of increasingly responsible governmental administrative staff
experience including the analysis of legislation and participation in a variety of
EXHIBIT B
12-27
CITY OF CHULA VISTA
Legislative Assistant III
Page 6
business/community oriented special projects and activities. Local government
experience in legislative related activity is highly is desirable.
Training:
..
Equivalent to a Bachelor's degree from an accredited college or university with a
major in public administration, political science, public relations, journalism or a
closely related field
License or Certificate
Possession of a valid California driver's license.
PHYSICAL DEMANDS
On a continuous basis, sit at desk for long periods of time. Intermittently twist and reach office
equipment; use telephone, write, or use keyboard to communicate through written means; may
lift light weight. See in the normal vision range with or without correction to read typical
business documents and computer screens; hear in the normal range with or without correction.
WORKING ENVIRONMENT
Primary work is performed within an even-floored, carpeted, and air-conditioned office
environment with fluorescent lighting and a moderate noise level. Some movement is required from
office-to-office, and there is occasional exposure to the external environment when going to
outlying offices or meetings. Work is frequently disrupted by the need to respond to in-person and
telephone inquiries.
12-28
EXHffiIT B
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING MUNICIPAL CODE SECTION 2.03.020 TO
DESIGNATE THE APPOINTING AUTHORITY FOR
COUNCIL ASSISTANTS, SENIOR COUNCIL ASSISTANTS,
AND OTHER POSITIONS IN THE DEPARTMENT OF
MAYOR AND COUNCIL
WHEREAS, Charter section 201 vests all powers of the City, except as otherwise
provided in the Charter, in the City Council; and
WHEREAS, Charter section 501 grants the Council authority to create departments in the
City and assign functions to the departments; and
WHEREAS, the Council established the Department of Mayor and Council by
Ordinance 2619 in 1994 pursuant to the authority of Charter Section 501; and
WHEREAS, the Department of Mayor and Council has the responsibility of policy
setting and constituent relations, inter-agency relations, and intra-agency/policy implementation,
but not administrative services; and
WHEREAS, Ordinance 2619 was codified in Chula Vista Municipal Code, Chapter 2.03,
entitled Department of Mayor and Council; and
WHEREAS, Charter sections 501 and 505 grant the Council the authority to establish
positions in the Department of Mayor and Council; and
WHEREAS, the elected Mayor and elected Councilrnembers, and the private secretary to
the Mayor and Council are the only Charter-mandated positions in the Department of Mayor and
Council at the present time; and
WHEREAS, Charter section 500 provides that the private secretary< to the Mayor and
Council shall be appointed by the Council as a body; further, the private secretary may be
removed by the Council at any time by a majority vote of the members of the Council; and
WHEREAS, Charter sections 201 and 304 provide that the City Council may delegate
appointing authority for positions established in the Department of Mayor so long as the
delegation of appointing authority is not in conflict with the Charter; and
WHEREAS, it is the intent of the City Council to delegate the appointing authority for
positions established in the Department of Mayor and Council, not inconsistent with the Charter;
specifically, to delegate appointing authority to the Mayor for all positions established within the
Department through the legislative process, except for those legislative positions designated by
Council to serve at the will of the entire Councilor individual Councilmembers.
EXHffiIT C
12-29
Ordinance No.
Page 2
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION 1: That Chapter 2.03, Section 2.03.020 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.03.020
Establishment of department of mayor and council.
A. The department of mayor and council shall have assigned to it the elected mayor and elected
councilmembers, the private secretary to the mayor and council that is permitted by Charter, any
additional Charter positions assigned to either the mayor or mayor and council, and any positions
assigned to the department of mayor and council through the legislative process. including the
budgetary process or such other means commonly recognized for assignment of personnell3y
such Fll.eam COHJJ:HORly recognized for assignment of perooIlflel, sHca as by the budgetary
process. Subiect to the provisions of the Charter. -P-l2ositions so assigned to the department of
mayor and council shall be given an unclassified statussaollld, except for clerieal POSitiORS, be
conoidcred new mid management pesitions and gi':eR an URelassifiea status and be term liFll.ited
to correspond to the teRure of tae mayor, as tlie council saall aetermirle in establioaing tae
position.
B. The mayor shall serve as department head and appointing authority. except when designated
otherwise bv the Charter or bv the council. The appointing authority includes the power to
appoint and the power to remove from office. Persons in positions. other than clerical. who are
appointed bv the mayor shall be term-limited to correspond to the tenure of the mayOr. unless
removed prior to the end of the mavor's term.
C. The council may. bv ordinance not in conflict with the Charter. designate the council as the
appointing authority for a position created through the legislative process. A person appointed bv
the council in the department of mayor and council may be removed bv a maiority vote of the
members of the council.
D. The council may. bv ordinance not in conflict with the Charter. designate an individual
councilmember as the appointing authority for those positions serving' at the individual
councilmember's direction. Council assistants and senior council assistants shall be appointed bv
the individual counci1members. Council assistants and senior council assistants shall be term-
limited to correspond to the tenure of the individual. appointing counci1member. unless removed
prior to the end of the counci1member's term.
SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption.
Submitted by:
Approved as to form by:
Ann Moore Ann Moore
City Attorney City Attorney
J:\Attomey\JDA WSON\Ordinances\Mayor.Council.Department.FINAL redline-strikeout (11-30-06).doc
12-30
EXHffiIT C
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
MUNICIPAL CODE SECTION 2.05.010 TO ADD THE
POSITIONS OF LEGISLATIVE ASSISTANT I, LEGISLATIVE
ASSISTANT II, AND LEGISLATIVE ASSISTANT III IN THE
DEPARTMENT OF MAYOR AND COUNCIL AND THE
ALREADY ESTABLISHED POSITION OF COUNCIL
ASSISTANT TO THE LIST OF APPROVED UNCLASSIFIED
POSITIONS IN THE CITY
WHEREAS, Charter section 500(a) grants the Council authority to place new
management level positions in the unclassified service by a four-fifths vote of the Council; and
WHEREAS, such unclassified management positions established within the City of
Chula Vista are set forth in Chula Vista Municipal Code section 2.05.010 ; and
WHEREAS, the Council has through the legislative process placed unclassified,
management level positions in the Department of Mayor and Council; and
WHEREAS, currently within the Department of the Mayor and Council, there is the
unclassified position of council assistant serving the elected councilmembers; and
WHEREAS, the council assistant position has not been set forth in Chula Vista
Municipal Code section 2.05.010; and
WHEREAS, it is the intent of the City Council of the City of Chula Vista to establish and
place three classifications in the Department of Mayor and Council, specifically Legislative
Assistant I, Legislative Assistant II, and Legislative Assistant III; and
. WHEREAS, it is also the intent of the City Council to add the Legislative Assistant I, II,
and III classifications to the list of approved unclassified positions in the City and to add the
already established position of council assistant to the list.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby
amended to add the positions of Legislative Assistant I, II, and III and Council Assistant, as
follows:
2.05.010
Unclassified positions established.
In addition to those unclassified positions specifically delineated in
Section 500 of the Charter of the city, there are established the unclassified
positions entitled administrative services manager, advanced planning manager,
animal control manager, assistant chief of police, assistant director of budget and
1 2-31
Ordinance No.
analysis, assistant director of building and housing, assistant director of
co=unity development, assistant director of finance, assistant director of human
resources, assistant director of planning, assistant director of public works and
operations, assistant director of recreation, assistant library director, building and
park construction manager, California border alliance.. group (CBAG) deputy
executive director, CBAG budget manager, CBAG executive assistant, CBAG
graphics designer/webmaster, CBAG management assistant, CBAG
methamphetamine strike force coordinator, CBAG network administrator I,
CBAG network administrator II, CBAG network manager, CBAG
operations/intelligence coordinator, CBAG program analyst, CBAG regional
computer forensic laboratory network engineer, chief learning officer, chief of
staff, coastal/environmental policy consultant, co=unications manager,
co=unity liaison (assigned to the office of the mayor and city council),
co=unity relations manager, constituent services manager, council assistant.
cultural arts and fund development manager, deputy building official, building
services manager, deputy city manager, deputy director of engineering, deputy
director of general services, deputy director of planning, deputy fire chief,
development planning manager, director of budget and analysis, director of
co=unications, director of conservation and environmental services, director of
employee development, energy services manager, fiscal operations manager,
human resources operations manager, intergovernmental affairs coordinator,
legislative assistant I. legislative assistant II. legislative assistant III, office
specialist (mayor's office), parks and open space manager, police captain,
purchasing agent, real property manager, risk manager, senior counCil assistant,
traffic engineer, transit coordinator, treasury manager, energy project manager.
SECTION IV: This ordinance shall take effect and be in :full force thirty days from its
adoption.
Submitted by:
Approved as to form by:
~.~
;/V/
J:\Attomey\JDA WSONlOrdinances\Unclassified Position Ord._12-05-06.doc
Page 2 of2
12-32
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
ORDINANCE NUMBER 3042, DESIGNATING THE
APPOINTING AUTHORITY FOR THE POSITION OF
INTERGOVERNMENTAL AFFAIRS COORDINATOR AS THE
MAYOR AND COUNCIL COLLECTIVEL Y ~
WHEREAS, the position of Intergovernmental Affairs Coordinator is currently under the
Department of Mayor and Council; and
WHEREAS, it is the intent of the City Council of the City of Chula Vista to repeal
Ordinance Number 3042, approved by the Council in September 2006, which designated the
appointing authority for the position of Intergovernmental Affairs Coordinator in the Department
of Mayor and Council as the Mayor and Council collectively.
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
SECTION I. That Ordinance Number 3042 is hereby repealed in its entirety
SECTION II. This ordinance shall take effect and be in full force thirty days from its adoption.
Submitted by:
Approved as to form by:
~ ~e~;A
City Attorney
J:\Attomey\JDAWSON\Ordinance Repealing Number 3042.doc
12-33
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA (1) ELIMINATING THE POSITIONS OF
INTERGOVERNMENTAL AFFAIRS COORDINATOR,
CONSTITUENT SERVICES MANAGER, AND
COASTAL/ENVIRONMENTAL POLICY "CONSULTANT
FROM THE AUTHORIZED POSITIONS IN THE
DEPARTMENT OF MAYOR AND COUNCIL'S FISCAL YEAR
2007 BUDGET; (2) AUTHORIZING ONE LEGISLATIVE
ASSISTANT III POSITION AND TWO LEGISLATIVE
ASSISTANT II POSITIONS WITHIN THE DEPARTMENT OF
MAYOR AND COUNCIL'S EXISITING FISCAL YEAR 2007
BUDGET; AND (3) ESTABLISHING THE COMPENSATION
FOR THE LEGISLATIVE ASSISTANT I, II, AND. III
POSITIONS
WHEREAS, it is the intent of the City Council of the City of Chula Vista to establish
new classifications, specifically Legislative Assistant I, Legislative Assistant II, and Legislative
Assistant III, in the Department of Mayor and Council; and
WHEREAS, the Legislative Assistant positions will have broader class specifications
than positions currently in the Department to better meet the purpose of the Department, which is
policy setting and constituent relations, inter-agency relations, and intra-agency/policy
implementation, but not administrative services, which are the responsibility of the City
Manager; and
WHEREAS, it is also the intent of the City Council of the City of Chula Vista to
eliminate the positions of Intergovernmental Affairs Coordinator, Constituent Services Manager,
and Coastal/Environmental Policy Consultant from the authorized positions in the Department of
Mayor and Council's fiscal year 2007 budget; and
WHEREAS, it is the intent of the City Council to establish the compensation for the
Legislative Assistant I, II, and III positions and to authorize the inclusion of one Legislative
Assistant III and two Legislative Assistant II in the Department of Mayor and Council's fiscal
year 2007 budget, using the costs savings from the eliminated positions to fund the Legislative
Assistant positions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby eliminates the positions of Intergovernmental Affairs Coordinator, Constituent
Services Manager, and Coastal/Environmental Policy Consultant from the authorized positions
in the Department of Mayor and Council's fiscal year 2007 budget.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista authorizes one Legislative Assistant III position and two Legislative Assistant II
positions within the Department of Mayor and Council's existing fiscal year 2007 budget.
12-34
Resolution No.
Page 2
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista establishes the compensation for the unclassified positions of Legislative
Assistant I, II, and III, as follows: Legislative Assistant I in the middle management group with a
bi-weekly E-step salary of $2,095.36; Legislative Assistant II iJ,1 the middle management group
with a bi-weekly E-step salary of $2,619.20; and Legislative Assistant III in the middle
management group with a bi-weekly E-step salary of$3,274.00.
Submitted by:
Approved as to form by:
~M~4t/l
./ Ann Moore I'
City Attorney
/~~'r?
/ . / .
~. ~
/ Ann Moore .
City Attorney
J:\AttorneyIJDA WSON\Ordinances\RESOLUTION. Unclassified Position.12~05~06.doc
J:lAttomey\IDA WSON\OrdinancesIRESOLUTION. Unclassified Position.I2.05-06.doc
Page 2 of2
12-35
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING MUNICIPAL CODE SECTION 2.03.020 TO
DESIGNATE THE APPOINTING AUTHORITY FOR
COUNCIL ASSISTANTS, SENIOR COUNCIL ASSISTANTS,
AND OTHER POSITIONS IN THE DEPARTMENT OF
MAYOR AND COUNCIL
WHEREAS, Charter section 201 vests all powers of the City, except as otherwise
provided in the Charter, in the City Council; and
WHEREAS, Charter section 501 grants the Council authority to create departments in the
City and assign functions to the departments; and
WHEREAS, the Council established the Department of Mayor and Council by
Ordinance 2619 in 1994 pursuant to the authority of Charter Section 501; and
WHEREAS, the Department of Mayor and Council has the responsibility of policy
setting and constituent relations, inter-agency relations, and intra-agency/policy implementation,
but not administrative services; and
WHEREAS, Ordinance 2619 was codified in Chula Vista Municipal Code, Chapter 2.03,
entitled Department of Mayor and Council; and
WHEREAS, Charter sections 501 and 505 grant the Council the authority to establish
positions in the Department of Mayor and Council; and
WHEREAS, the elected Mayor and elected Councilmembers, and the private secretary to
the Mayor and Council are the only Charter-mandated positions in the Department of Mayor and
Council at the present time; and
WHEREAS, Charter section 500 provides that the private secretary to the Mayor and
Council shall be appointed by the Council as a body; further, the private secretary may be
removed by the Council at any time by a majority vote of the members of the Council; and
WHEREAS, Charter sections 201 and 304 provide that the City Council may delegate
appointing authority for positions established in the Department of Mayor so long as the
delegation of appointing authority is not in conflict with the Charter; and
WHEREAS, it is the intent of the City Council to delegate the appointing authority for
positions established in the Department of Mayor and Council, not inconsistent with the Charter;
specifically, to delegate appointing authority to the Mayor for all positions established within the
Department through the legislative process, except for those legislative positions designated by
Council to serve at the will of the entire Council or individual Councilmembers.
12-36
Ordinance No.
Page 2
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Chapter 2.03, Section 2.03.020 of the Chula Vista Municipal Code is hereby
amended to read as follows:
"
2.03.020
Establishment of department of mayor and council.
A. The department of mayor and council shall have assigned to it the elected mayor and elected
councilmembers, the private secretary to the mayor and council that is permitted by Charter, any
additional Charter positions assigned to either the mayor or mayor and council, and any positions
assigned to the department of mayor and council through the legislative process, including the
budgetary process or such other means commonly recognized for assignment of personnel.
Subject to the provisions of the Charter, positions so assigned to the department of mayor and
council shall be given an unclassified status.
B. The mayor shall serve as department head and appointing authority, except when designated
otherwise by the Charter or by the council. The appointing authority includes the power to
appoint and the power to remove from office. Persons in positions, other than clerical, who are
appointed by the mayor shall be term-limited to correspond to the tenure of the mayor, unless
removed prior to the end of the mayor's term.
C. The council may, by ordinance not in conflict with the Charter, designate the council as the
appointing authority for a position created through the legislative process. A person appointed by
the council in the department of mayor and council may be removed by a majority vote of the
members of the council.
D. The council may, by ordinance not in conflict with the Charter, designate an individual
councilmember as the appointing authority for those positions serving at the individual
councilmember's direction. Council assistants and senior council assistants shall be appointed by
the individual councilmembers. Council assistants and senior council assistants shall be term-
limited to correspond to the tenure of the individual, appointing councilmember, unless removed
prior to the end of the councilmember's term.
SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption.
Submitted by:
Approved as to form by:
~0ZJt7~
Moore / ~ ,
City Attorney
~~k
Ann Moore t;::/ , I
City Attorney
J :\Attorney\JDA WSON"\Ordinances\Nfayor.Council.Department.CLEAN copy of redline.strikeout (11-29~06).doc
12-37