HomeMy WebLinkAbout2007/02/06 Agenda Packet
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CllY OF
CHUlA VISTA
Cheryl Cox, Mayor
Rudy Ramirez, Councilmember Jim Thomson, Interim City Manager
John McCann, Councilmember Ann Moore, City Attorney
Jerry R. Rindone, Councilmember Susan Bigelow, City Clerk
Steve Castaneda, Councilmember
February 6, 2007
4:00 P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, McCann, Ramirez, Rindone, and Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MAYOR COX OF A PROCLAMATION RECOGNIZING A
DELEGATION OF VISITING FACULTY MEMBERS FROM THE HIGH SCHOOL
ATTACHED TO NORTHEAST NORMAL UNIVERSITY, CHANGCHUN, PEOPLE'S
REPUBLIC OF CHINA
. INTRODUCTION BY ASSISTANT CITY MANAGER/LIBRARY DIRECTOR
PALMER, OF EMPLOYEE OF THE MONTH, JO ANN STORNIOLO, LIBRARY
ASSOCIATE
. PRESENTATION OF A DONATION TO THE CHULA VISTA PUBLIC LIBRARY
FROM QUALCOMM, INC. BY SARAH SNAVELY AND ALLISON KELLY
. PRESENTATION BY MAYOR COX OF A PROCLAMATION TO CHRIS BOYD,
CEO FOR SHARP CHULA VISTA MEDICAL CENTER, PROCLAIMING
FEBRUARY 2007 AS "SMOKE-FREE SHARP CHULA VISTA MEDICAL CENTER
- AMERICAN HEART MONTH IN THE CITY OF CHULA VISTA"
CONSENT CALENDAR
(Items] through] ])
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staffrequests that an item be removed for discussion. {fyou 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 pulledfrom the
Consent Calendar will be discussed immediately following the Consent Calendar.
] . APPROVAL OF MINUTES of the Regular Meeting of January 9, 2007, an Adjourned
Regular Meeting of the City Council and Special Meeting of the Redevelopment Agency
of January 9, 2007, and an Adjourned Regular Meeting of the City Council and Special
Meeting of the Housing Authority of January 9, 2007.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Memorandum from Deputy Mayor Rindone requesting an excused absence from
the Chula Vista City Council/Port Commission Meeting of January 18,2007.
Staff recommendation: Council excuse the absence.
B. Letter ofresignation from Judy Schulenberg, member of the Nature Center Board
of Trustees
Staff recommendation: Council accept the resignation and direct the City Clerk to post
the vacancy in accordance with Maddy Act requirements.
3. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY
RANCH VILLAGE TWO) (SECOND READING)
Adoption of the ordinance authorizes the levy of a special tax within Community
Facilities District No. 13M (Otay Ranch Village Two). This ordinance was introduced at
the meeting of January 23, 2007. (City Engineer)
Staff recommendation: Council adopt the ordinance.
4. HOUSING ELEMENT ANNUAL REPORT FOR FISCAL YEAR 2005-2006
The City ofChula Vista is required by California Government Code to prepare an Annual
Report on Housing Element Progress. This report covers the 2005-2006 Fiscal Year.
(Acting Community Development Director)
Staff recommendation: Council accept the report.
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February 6, 2007
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND THE COUNTY OF SAN DIEGO REGARDING
PARTICIPATION IN THE SAN DIEGO REGIONAL MORTGAGE CREDIT
CERTIFICATE PROGRAM
Adoption of the agreement allows the City to participate in the San Diego Regional
Mortgage Credit Certificate Program. (Acting Community Development Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA V]ST A
AUTHORIZING THE CITY OF CHULA VISTA'S REPRESENTATIVE ON THE
METRO COMMISSION TO VOTE IN SUPPORT OF OPTIONS THAT WILL
ENABLE THE CITY OF SAN DIEGO TO BEST ADDRESS THE ISSUE OF
SECONDARY WASTEWATER TREATMENT
Adoption of the resolution authorizes the City's representative to vote in support of
options that will enable the City of San Diego to best address the issue of secondary
wastewater treatment. ( City Engineer)
Staff recommendation: Council adopt the resolution.
7. A. RESOLUT]ON OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING CALIFORNIA STATE FUNDS UNDER THE SAFE ROUTE TO
SCHOOL PROGRAM IN THE AMOUNT OF $288,800 FOR THE "HARBORSIDE
ELEMENTARY SCHOOL TRAFFIC CALMING PROJECT"
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "HARBORS IDE
ELEMENTARY SCHOOL TRAFFIC CALMING" (TF-347), AND APPROPRIATING
FUNDS OF $288,800 IN STATE FUNDS, $40,000 IN TRAFFIC SIGNAL FUNDS
FOR CITY'S COST SHARE, AND $]0,000 IN DEVELOPER'S REMAINING FUNDS
(4/5THS VOTE REQUIRED)
Adoptions of the resolutions accept the SR2S Grant Program funds and authorize the
appropriation of funds to a new Capital Improvement Project, "Harborside Elementary
Traffic Calming" (TF-347). This project will install raised medians, flashing beacons,
and other improvements to enhance pedestrian safety adjacent to Harborside E]ementary.
(City Engineer)
Staff recommendation: Council adopt the resolutions.
8. RESOLUT]ON OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
RATIFYING CITY STAFF'S ACTION ON APPROVING A CHANGE ORDER WITH
PORTILLO CONCRETE, INC. TO COMPLETE THE "SIDEWALK REPLACEMENT
AT V AR]OUS LOCATIONS, FISCAL YEAR 2006 (JY-065L)" PROJECT
Adoption of the resolution ratifies staffs action approving a change order that resulted
from unforeseen circumstances, which caused an increase in quantities for the project
beyond what was anticipated during the preparation of the project specifications.
(General Services Director/Public Works Director)
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February 6, 2007
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2006-2007 ENERGY CONSERVATION
FUND/SDG&E ENERGY PARTNERSHIP PROGRAM BUDGET TO APPROPRIATE
$708,750 FROM THE SAN DIEGO GAS AND ELECTRIC PARTNERSHIP GRANT
FOR VARIOUS CITY ENERGY EFFICIENCY PROJECTS AND AMENDING THE
FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM, ESTABLISHING A
NEW CAPITAL IMPROVEMENT PROJECT, "CITY FACILITY ENERGY
EFFICIENCY (GG-199)", AND APPROPRIATING GRANT FUNDS AS
NECESSARY (4/5THS VOTE REQUIRED)
The City Council approved a 3-year grant agreement with San Diego Gas and Electric,
which provides funding to the City for energy efficiency projects. Staff is requesting
appropriation of calendar year 2006 and 2007 funding in the amount of $708,750. These
funds will be used to retrofit and upgrade several City facilities with energy efficiency
equipment and pay for related General Services staff costs. (General Services Director)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SIDEWALK
REPLACEMENT AT VARIOUS LOCATIONS WITHIN THE CITY OF CHULA
VISTA, CALIFORNIA FISCAL YEAR 2007 (JY-065M)" PROJECT TO PETER'S
CONCRETE COMPANY IN THE AMOUNT OF $82,833.50, AND AUTHORIZING
THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES IN THE PROJECT
On January 3 I, 2007, the Director of General Services received sealed bids for the
project, which was included in the budget to remove and replace curbs, gutters,
sidewalks, and driveways displaced by differential settling, tree roots, etc., on various
City streets. Adoption of the resolution awards the bid to Peter's Concrete Company in
the amount of$82,833.50. (General Services Director)
Staff recommendation: Council adopt the resolution.
I LA. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND A WARDING CONTRACT FOR THE "CDBG SIDEWALK
REMOVAL AND REPLACEMENT FISCAL YEAR 2006-2007 AT VARIOUS
LOCATIONS (STL-295)" PROJECT TO KOCH-ARMSTRONG GENERAL
ENGINEERING INC. IN THE AMOUNT OF $154,169.30 AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE
CONTINGENCIES IN THE PROJECT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING INTER-PROJECT TRANSFERS FROM EXISTING CAPITAL
IMPROVEMENT PROJECTS TO THE "CDBG SIDEWALK REMOVAL AND
REPLACEMENT FISCAL YEAR 2006-2007 AT VARIOUS LOCATIONS (STL-295)"
PROJECT (4/5THS VOTE REQUIRED)
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February 6, 2007
On January 31, 2007, the General Services Director received sealed bids for the project,
which was included in the budget to remove and replace curbs, gutters, sidewalks,
pedestrian ramps, cross gutter and driveways displaced by differential settling, tree roots,
etc., on various City streets. Adoption of the resolution awards the bid to Koch-
Armstong General Engineering Inc. in the amount of $154,169.30. (General Services
Director)
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council/Authority on
any subject matter within the Council/Authority's jurisdiction that is not listed as
an item on the agenda. State law generally prohibits the Council//Authority from
taking action on any issue not included on the agenda, but, if appropriate. the
Council/Agency/Authority may schedule the topic for future discussion or refer
the matter to staff Comments are limited to three minutes.
ACTION ITEMS
The Item listed in this section of the agenda will be considered individually by the
Council/Authority, 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 REPORT ON THE UPCOMING STATE LEGISLATIVE
SESSION FROM ADVOCATION, INe.
The City's advocate in Sacramento will provide information on the recently convened
state legislative session, and request input from the City Council on legislative priorities
for the coming year. (City Manager)
Staff recommendation: Council accept the report and provide direction to staff and to
Advocation, Inc.
13. CONSIDERATION OF A RESOLUTION APPROVING, IN CONCEPT, AN
AGREEMENT FOR AN INDEPENDENT FINANCIAL REVIEW CONSULTANT,
AND THE TRANSFER OF FUNDS THEREFOR, AND AUTHORIZING THE CITY
MANAGER TO PROCEED WITH NEGOTIATIONS, ACCORDINGLY
This report approves in concept, the selection of Economic & Planning Systems (EPS) as
the consultant to perform an Independent Financial review of the City of ChuIa Vista for
a not-to-exceed cost of $40,000, and directs that the City Manager proceed with contract
negotiations and execution. Adoption ofthe resolution amends the Fiscal Year 2006-2007
City Council Budget by transferring $40,000 from the personnel category to the supplies
and services category to provide the funding for the Independent Financial Review,
approves the concept of retaining EPS for the financial review, and authorizes the City
Manager to proceed with negotiations with EPS. (Independent Financial Review Council
Subcommittee - Mayor Cox and Councilmember Castaneda)
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February 6, 2007
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2006-2007 CITY COUNCIL BUDGET IN
ACCORDANCE WITH THE BUDGET TRANSFER POLICY, APPROVING,
IN CONCEPT THE SELECTION OF ECONOMIC & PLANNING SYSTEMS
(EPS) AS THE CONSULTANT TO PERFORM AN INDEPENDENT
FINANCIAL REVIEW OF THE CITY OF CHULA VISTA, AND DIRECTING
THE CITY MANAGER TO PROCEED WITH CONTRACT NEGOTIATIONS
(4/5THS VOTE REQUIRED)
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
15. MAYOR'S REPORTS
A. Report from the CVRC Subcommittee:
The Subcommittee recommends referring to the CVRC consideration of
removal of all City Council members from the CVRC board.
B. Ratification of appointment of David Turner to the Board of Appeals and
Advisors.
C. Ratification of appointment of Ann Tucker to the Commission on Aging.
D. Ratification of appointment of Jesse Navarro to the Safety Commission.
16. COUNCIL COMMENTS
A. Councilmember Ramirez:
Consideration of support of the appointment of Councilmember Castaneda
to the California Coastal Commission.
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).
17. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. Three cases
ADJOURNMENT The City Council to the Regular Meeting of February 13, 2007 at 6:00
p.m. in the Council Chambers.
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February 6, 2007
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devices for the Deaf (TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
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February 6, 2007
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
January 9,2007
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:02
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone and Mayor
Cox (Councihnembers Rindone and McCann arrived
at 6:03 p.m.)
ABSENT: Councihnembers: None
ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk
Bigelow, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY RECREATION DIRECTOR MARTIN, OF EMPLOYEE OF
THE MONTH, CATHY MICHEL, SENIOR FISCAL OFFICE SPECIALIST
Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Ms. Michel.
. OATH OF OFFICE
Rita Buencamino-Andrews to the Board of Appeals and Advisors
City Clerk Bigelow administered the oath of office to Rita Buencamino-Andrews, and Deputy
Mayor Rindone presented her with a certificate of appointment.
. DID YOU KNOW...ABOUT HORIZON PARK'S UNIQUE DESIGN FEATURE -
"THE COUNCIL RING?" Presented by Joe Gamble, Landscape Planner.
Landscape Planner Joe Gamble presented the Horizon Park design feature.
CONSENT CALENDAR
(Items 1 through 5)
Councihnember Castaneda stated that he would abstain from voting on Items 5D and 5E due to
the proximity of property that he owns to Chula Vista Middle School and the YMCA South Bay
Branch.
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DRAFT
CONSENT CALENDAR (Continued)
Deputy Mayor Rindone stated that he would abstain from voting on Item 5A.
Councilmember McCann asked that Casa Seguras be correctly spelled in the minutes of October
24, 2006.
Mayor Cox stated that she and Councilmember Ramirez would abstain from voting on the
minutes of October 24, November 7,14, and 21, 2006, since they were not on the Council at the
time.
Mayor Cox noted the amended minutes on the dais for the December 12, 2006 meeting,
indicating Deputy Mayor McCann as second alternate for SANDAG.
1. APPROVAL OF MINUTES of the Regular Meetings of October 24, November 7,
November 14, November 21, December 5, and December 12, 2006, the Special Meeting
of October 24, 2006, and the Adjourned Regular Meeting of November 7,2006.
Staff recommendation: Council approve the minutes.
2. ORDINANCE NO. 3056, ORDINANCE OF THE CITY OF CHULA VISTA
ADOPTING A CITY COUNCIL POLICY REGARDING REIMBURSEMENT OF
EXPENSES INCURRED BY LEGISLATIVE BODY MEMBERS (SECOND
READING)
California state legislation, effective January 1, 2006, required cities to adopt a written
policy regarding expense reimbursements paid to elected and appointed officials. The
legislation provisions specifically apply to charter cities. Adoption of the proposed
ordinance satisfies the requirements of the legislation. This ordinance was introduced on
December 19, 2006. (City Attorney)
Staff recommendation: Council adopt the ordinance.
3. RESOLUTION NO. 2007-001, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ELIMINATING THE POSITION OF
INTERGOVERNMENTAL AFFAIRS COORDINATOR FROM THE AUTHORIZED
POSITIONS IN THE DEPARTMENT OF MAYOR AND COUNCIL'S FISCAL YEAR
2007 BUDGET, WITH THE CITY MANAGER ASSUMING THE ADMINISTRATNE
DUTIES OF THE POSITION WITH EXISTING BUDGETARY RESOURCES
Adoption of the resolution formalizes Council action taken at the December 19, 2006
meeting and eliminates the position of Intergovernmental Affairs coordinator from the
Mayor and Council's Fiscal Year 2007 budget, with the administrative duties of the
position to be assumed by the City Manager with existing budgetary resources. (Budget
and Analysis Director)
Staffrecommendation: Council adopt the resolution.
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DRAFT
CONSENT CALENDAR (Continued)
4. ORDINANCE NO. 3057, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTION 3.44.120, UTILITY USERS TAX - REFUNDS, OF THE
CHULA VISTA MUNICIPAL CODE (SECOND READING)
Chula Vista Municipal Code Section 3.44.120 provides for the refunding of utility users
taxes that are overpaid, paid more than once, or collected erroneously. The current code
section allows for such refunds but does not provide specific procedures or time frames
for processing refund claims. Adoption of the ordinance establishes a one-year claims
period for refunds and a procedure for the filing of refund claims. This ordinance was
introduced on December 19,2006. (Finance Director)
Staff recommendation: Council adopt the ordinance.
5. A. RESOLUTION NO. 2007-002, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE
SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE PROVISION OF
MIDDLE SCHOOL AFTER-SCHOOL PROGRAMS, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
B. RESOLUTION NO. 2007-003, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND HILLTOP
MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL
PROGRAM HOURS, AMENDING THE FISCAL YEAR 2007 RECREATION
DEPARTMENT BUDGET BY APPROPRIATING $6,000 BASED ON
UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT (4/5THS VOTE REQUIRED)
C. RESOLUTION NO. 2007-004, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CASTLE
PARK MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED AFTER-SCHOOL
PROGRAM HOURS, AMENDING THE FISCAL YEAR 2007 RECREATION
DEPARTMENT BUDGET BY APPROPRIATING $6,000 BASED ON
UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT (4/5THS VOTE REQUIRED)
D. RESOLUTION NO. 2007-005, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA
VISTA MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED BEFORE AND
AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2007
RECREATION DEPARTMENT BUDGET BY APPROPRIATING $14,010 BASED
ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED)
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DRAFT
CONSENT CALENDAR (Continued)
E. RESOLUTION NO. 2007-006, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND THE YMCA OF SAN DIEGO COUNTY SOUTH BAY
BRANCH FOR THE PROVISION OF AFTER-SCHOOL PROGRAM HOURS AT
HILLTOP, CHULA VISTA, RANCHO DEL REY AND CASTLE PARK MIDDLE
SCHOOLS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
F. RESOLUTION NO. 2007-007, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE YMCA
OF SAN DIEGO COUNTY FOR THE PROVISION OF AFTER-SCHOOL PROGRAM
HOURS AT CASTLE PARK MIDDLE SCHOOL AND HILLTOP MIDDLE SCHOOL,
AMENDING THE FISCAL YEAR 2007 RECREATION DEPARTMENT BUDGET
BY APPROPRIATING $8,371 BASED ON UNANTICIPATED REVENUE, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE
REQUIRED)
The Recreation department and the Sweetwater Union High School District jointly fund
the Middle School after-school program (Club Teen Connection or Club Te). The
program is additionally funded from Critical Hours Grants and Safe Neighborhood, Safe
Schools Grants received by the individual schools. A collaborative partner in the
program is the South Bay YMCA. Adoption of these resolutions approves six
agreements and appropriations of additional program funds to provide indoor and outdoor
after-school programs for the middle schools. (Recreation Director)
Staff recommendation: Council adopt the resolutions.
ACTION:
Deputy Mayor Rindone moved to approve staffs recommendations and offered
the Consent Calendar as amended, headings read, texts waived. Councilmember
McCann seconded the motion and it carried 5-0, except on Item I, which carried
3-0-2, with Mayor Cox and Councilmember Ramirez abstaining on the minutes of
October 24, November 7, 14, and 21, 2006; Item 5A, which carried 4-0-1, with
Deputy Mayor Rindone abstaining; and Items 5D and 5E, which carried 4-0-1,
with Councilmember Castaneda abstaining due to the proximity of his property to
the school and YMCA.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Shawn Gisler mentioned his recent e-mail to Council and City staff regarding the San Miguel
Ranch connection to Proctor Valley Road, stating that Deputy Director of Engineering Leah
Browder had responded, informing him that the road would not open until the completion of SR-
125. He said he did not understand the rationale behind keeping the road closed, since it would
provide a shortcut for many. Mayor Cox asked staff to confer with Mr. Gisler and respond to his
concerns.
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DRAFT
CONSENT CALENDAR (Continued)
With reference to enforcing storm water discharge regulations, Marvin Winters stated that he
would like to see proactive enforcement of power washing businesses during evening and early
morning hours of operation, since illegal operations by the businesses occurs during these times
to avoid enforcement. As a long term resident and business owner, he felt uncomfortable about
being placed in the middle of having to document these illegal operations and placing himself in
jeopardy to bring these matters forward. He was hopeful that the City would take the lead in the
County on handling storm water run-off issues. Mayor Cox asked Interim City Manager
Thomson to follow-up on Mr. Winters' concerns.
Pam Sherman, representing the Corte Maria neighborhood, stated that neighbors are concerned
about the number of residents proposed for a group home for at-risk deaf children, soon to be
established in the neighborhood. She added that since the students would not be attending local
schools, they would be bused out of the neighborhood, creating traffic and safety issues. She
asked that the number of residents in the group home be kept to four, as opposed to the proposed
six. Mayor Cox clarified that the children have an at-risk status because they are foster children.
She then asked staff to contact the County of San Diego on the matter. Councilmember
Castaneda commented that he had researched the matter, and the state has jurisdiction on such
homes with six or fewer residents; therefore, the City was not involved in the decision-making
process. He stated that the Council public safety subcommittee would be looking at a host of
matters to safeguard existing neighborhoods, as well as working with the state to create changes
to allow the City the ability to enforce regulations. Ms. Sherman also said she was concerned
that the home's square footage would not accommodate six residents. Councilmember
Castaneda replied that staff would contact her on the matter. Deputy Mayor Rindone suggested
that the Council's public safety subcommittee examine ways to provide notification to residents
on such issues.
Barbara Nunnelee, representing Jade Bay Mobilehome Park, thanked the Council and staff for
assisting residents who have been forced to move out of the park. She stated that she would be
forwarding to the Council a list of the park residents' names and the dollar amounts granted to
each of them after the depreciated value of their homes was calculated. She stated that what
happened to these park residents must not ever happen to residents of the other 32 parks in the
City, and she asked the City to adopt an ordinance to protect the City from being overridden by
federal law. Councilmember Castaneda expressed concern about the time the City has spent on
this matter. He asked Community Development staff to provide an accounting of staff time, the
value of vouchers, and City resources that have been provided to assist the residents in
relocation, since the City should be remunerated accordingly to ensure fairness to the taxpayers
ofChula Vista.
Steven Pavka stated that the City's towing fee agreement with various towing companies was
unfair and contained a hidden tax that penalized the elderly, who can least afford it. He asked
that the matter be placed on a future Council agenda. Mayor Cox referred the request to staff.
Theresa Acerro stated that she has received a number of signed petitions opposing the proposed
Home Depot at Third and Moss. She said the neighborhood was concerned about noise impacts
from trucks, traffic safety, and pollution; and she asked the Council to direct staff to come up
with an alternative site plan to remove the trucks from the rear of the affected homes and off of
Moss Street. Mayor Cox referred Ms. Acerro's slide presentation to staff. Deputy Mayor
Rindone asked that staff also delineate steps previously undertaken by the City to mitigate
similar issues for the Albertson's store on Third at J Street.
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1/1.5
DRAFT
CONSENT CALENDAR (Continued)
Russ Hall spoke in support of Deputy Mayor Rindone's referral regarding Home Depot, and
believed the City could alleviate many ofthe issues. He said this would be a positive project for
the west side. He also asked the Council to direct staff to work with the landlord of the vacant
Ralph's building to encourage another grocery store, since there are only two existing grocery
stores in westem Chula Vista.
Jackie Lancaster expressed concern about the draft Environmental Impact Report for the
bayfront and recited a poem expressing concerns about building heights, pollution, traffic
gridlock, and impacts on wildlife. She displayed contact information for the Port District for
community members who wish to contact the Port on the matter.
PUBLIC HEARINGS
6. CONSIDERATION OF FORMATION OF COMMUNITY FACILITIES DISTRICT
NO. 13M (OTAY RANCH VILLAGE TWO)
Adoption of the resolution will form CFD No. 13M, which will fund the perpetual
operation and maintenance of (a) landscaping including, but not limited to parkways,
medians and slopes; (b) facilities that are directly related to storm water quality control;
(c) walls and fencing; (d) trails; (e) pedestrian bridges, including but not limited to,
graffiti removal; and (f) public lighting facilities. The City has retained the services of
MuniFinancial as special tax consultant and Best, Best and Krieger, LLP as legal counsel
to provide assistance during the proceedings. (City Engineer)
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
CounciImember McCann moved to adopt Resolution No. 2007-008, heading read,
text waived.
RESOLUTION NO. 2007-008, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA, FORMING AND ESTABLISHING
COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE
TWO), AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES
WITHIN THE CFD TO THE QUALIFIED ELECTORS THEREOF
CounciImember Castaneda seconded the motion and it carried 5-0.
7. CONSIDERATION OF ANNEXATION OF TERRITORY, ANNEXATION NO.6
(OTAY RANCH VILLAGE TWO), TO COMMUNITY FACILITIES DISTRICT NO.
97-2 (PRESERVE MAINTENANCE DISTRICT)
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January 9, 2007
DRAFT
PUBLIC HEARINGS (Continued)
Adoption of the resolution will annex the territory within Otay Ranch Village Two into
Improvement Area C of CFD No. 97-2. Improvement Area A funds the costs of the
Resource Monitoring Program as well as Preserve Operations and Maintenance.
Improvement Area B only funds the Resource Monitoring Program. Special taxes levied
within Improvement area C fund the costs of the Resource Monitoring Program as well as
Preserve Operations and Maintenance consistent with the requirements of the Otay Ranch
Resource Management Plan Phases I and II, plus a pro-rata share of Administrative
Expenses of CFD No. 97-2. Otay Ranch Village Two will not be annexed into
Improvement Area A or Improvement Area B. The City has retained the services of
MuniFinancial as special tax consultant and Best, Best and Krieger, LLP as legal counsel
to provide assistance during the proceedings. (City Engineer)
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Councilmember McCann moved to adopt Resolution No. 2007-009, heading read,
text waived.
RESOLUTION NO. 2007-009, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT), MAKING CERTAIN DETERMINATIONS
AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE
QUALIFIED ELECTORS OF CERTAIN TERRITORY, ANNEXATION NO.6
(OTAY RANCH VILLAGE TWO), PROPOSED TO BE ANNEXED TO SUCH
COMMUNITY FACILITIES DISTRICT
Deputy Mayor Rindone seconded the motion and it carried 5-0.
ACTION ITEMS
8. CONSIDERATION OF APPROVAL OF A LEASE AGREEMENT WITH HTH (HIGH
TECH HIGH) LEARNING TO LEASE 8-ACRES OF CITY-OWNED LAND TO
DEVELOP A CHARTER HIGH SCHOOL AND ENVIRONMENTAL RESEARCH
CENTER
HTH Learning is a private nonprofit organization overseeing the development and
operation of facilities that house High Tech High Schools following the charter high
school design model. They currently operate a total of seven high, middle and
elementary schools, with six in San Diego and one in northern California. (Acting
Community Development Director)
Staff recommendation: Council adopt the resolution.
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DRAFT
ACTION ITEMS (Continued)
RESOLUTION OF THE CITY COUNCIL APPROVING A LEASE
AGREEMENT WITH HTH LEARNING TO LEASE 8-ACRES OF CITY-
OWNED LAND TO DEVELOP A CHARTER HIGH SCHOOL AND
ENVIRONMENTAL RESEARCH CENTER, WITH AN OPTION TO
DEVELOP A CHARTER MIDDLE SCHOOL ON 2.7 ACRES, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT
This item was withdrawn from the agenda at the request of Interim City Manager Thomson. The
item was not discussed, and no action was taken.
9. CONSIDERATION OF AMENDING THE CHULA VISTA MUNICIPAL CODE TO
PROHffiIT SMOKING WITHIN FIFTY (50) FEET OF THE ENTRANCE TO ANY
EATING ESTABLISHMENT
Adoption of the ordinance prohibits smoking within fifty (50) feet of the entrance to any
eating establishment and makes additional clerical corrections to the municipal code
section. (City Attorney)
Councilmember Castaneda urged the Council to support the proposed ordinance. Deputy Mayor
Rindone also spoke in support of the proposed ordinance.
ACTION:
Councilmember Castaneda moved to place the following ordinance on first
reading:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE TO PROHffiIT SMOKING WITHIN
FIFTY (50) FEET OF THE ENTRANCE TO ANY EATING
ESTABLISHMENT, AND TO MAKE OTHER REVISIONS AS
NECESSARY TO MAKE THE CHAPTER PROVISIONS
CONSISTENT (FIRST READING)
Councilmember Ramirez seconded the motion, and it carried 5-0.
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
There were none.
11. MAYOR'S REPORTS
A.
Ratification of appointment of Kevin O'Neill to the Growth Management
Oversight Commission.
ACTION:
Mayor Cox moved to appoint Kevin O'Neill to the Growth Management Oversight
Commission. Councilmember McCann seconded the motion, and it carried 5-0.
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January 9,2007
DRAFT
OTHER BUSINESS (Continued)
B. Update on Scope of Work for Independent Financial Review.
Mayor Cox referred to the scope of work for an independent financial review of the City and
Redevelopment Agency and said the subcommittee's next work would be to review proposals,
once they are received, and formulate a recommendation to the full Council regarding the
allocation of funds for the project.
12. COUNCIL COMMENTS
Deputy Mayor Rindone:
A. Consideration of the establishment of a Health Care Commission.
Deputy Mayor Rindone talked about the potential crisis in the health care industry, particularly
with respect to the location of hospitals, services, medical reimbursement and adequate
emergency rooms. He believed that the Council needed to take a leadership role by establishing
a healthcare commission to deal with healthcare-related issues, make recommendations to the
Council and review potential legislation. He recommended a five-member commission either
appointed by the Council as a whole or with members nominated by individual Counciimember.
Deputy Mayor Rindone moved to establish a healthcare commission. Mayor Cox seconded the
motion for purposes of discussion and then offered a substitute motion to support the concept of
taking a more in-depth look at what a healthcare commission might accomplish, rather than
actually establishing a commission at this time. No action was taken on either motion.
Deputy Mayor Rindone supported the proposed amendment to have staff look at areas they
would want to include, as well as how the City would provide staff support for the proposed
commission.
Mayor Cox suggested to Interim City Manager Thomson that, together with staff input, calls be
placed to the directors at Scripps and Sharp, as well as Supervisor Cox's' Office, to look at
options.
Councilmember Ramirez spoke in support of the amended motion to explore possible
opportunities for a healthcare commission.
Councilmember McCann asked the status of a previous referral to staff regarding the formation
of a healthcare commission. Assistant City Manager Smith responded that staff communicated
with County staff, who are in the process of compiling a 120-day proposal that addresses some
of the issues expressed by the Council over the past several months. She stated that staff would
be able to provide an update to the Council in the next couple of weeks. Deputy Mayor Rindone
suggested including in the update a delineation of some of the responsibilities that could foster
good communications.
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Jannary 9, 2007
DRAFT
OTHER BUSINESS (Continued)
Councilmember McCann expressed the need for a clear understanding of the impacts on the City
of the closures of Paradise Valley Hospital and the UCSD trauma center. He also suggested
looking at land use policies, redevelopment and affordable housing dollars to provide long-term
care and assisted living facilities and expressed the need to assist Sharp Hospital with its
expansion project by removing bureaucracy. He spoke in support of the Mayor's comments and
working with the County, other municipalities and healthcare organizations to seek solutions.
Councilmember Castaneda spoke in support of Councilmember McCann's comments and
suggested convening a meeting of representatives of local healthcare providers to get a better
sense of how the City could assist on the matter of health care.
Assistant City Manager Smith stated that the Economic Development and Planning staffs
continue to dialogue with healthcare providers around the opportunities for economic
development, expansion of medical services, and the linkage between hospital beds and space
and doctors offices that support that.
Mayor Cox asked staff to provide a status report on the Paradise Valley Hospital for discussion
by the Council.
ACTION:
Deputy Mayor Rindone moved to direct staff to take a look at the structure of a
healthcare commission or alternatives, and to come back to the Council with
information in approximately one month or sooner. Mayor Cox seconded the
motion, and it carried 5-0.
Councilmember McCann wished the community a prosperous New Year and thanked citizens for
the opportunity to serve them.
Councilmember Castaneda also wished everyone a happy New Year.
Councilmember Ramirez commented on two e-mail memos that he circulated to the Council, one
concerning the California Coastal Commission appointment and the other discussing
organizational reforms for the Chula Vista Redevelopment Corporation (CVRC). With respect
to the Coastal Commission appointment, he asked that the matter be scheduled on the agenda for
January 16 to endorse the appointment of Council member Castaneda, because he believed it was
important for the City to have a voice on the commission to address such matters as the Bayfront
development and power plant. Regarding organizational reforms for the CVRC, he asked that
the Council subcommittee take into consideration his thoughts as contained in the memo.
CLOSED SESSION
Closed Session was cancelled and the following items were not discussed:
13. CONFERENCE WITH LEGAL COUNSEL REGARDING THREATENED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. One case
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January 9,2007
DRAFT
CLOSED SESSION (Continued)
14. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9( c)
. One case
ADJOURNMENT
At 8:19 p.m., Mayor Cox adjourned the City Council to an Adjourned Regular Meeting on
January 15,2007 at 9:30 a.m. in the Council Chambers.
Lorraine Bennett, CMC, Deputy City Clerk
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January 9, 2007
DRAFT
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
AND A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
January 9, 2007
6:00 P.M.
An Adjourned Regular Meeting of the City Council and a Special Meeting of the Redevelopment
Agency of the City of Chula Vista were called to order at 7:47 p.m. in the Council Chambers,
located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Council/Agency Members: Castaneda, McCann, Ramirez, Rindone and
Mayor/Chair Cox
ABSENT: Council/ Agency Authority Members: None
ALSO PRESENT: Interim City Manager/Executive Director Thomson, City Attorney/
Agency Counsel Moore, City Clerk Bigelow, and Deputy City
Clerk Bennett
PUBLIC COMMENTS
There were none.
ACTION ITEMS
1. CONSIDERATION OF APPROVAL OF EXERCISE OF THE CITY'S/AGENCY'S
OPTION TO EXTEND THE CONTRACT WITH ADVOCATION, INC. FOR
LEGISLATNE REPRESENTATION FOR THE 2007-2008 LEGISLATIVE SESSION
The current agreement with Advocation, Inc. for the provision of legislative
representation in Sacramento throughout the 2005-2006 legislative session has expired.
Based on the firm's history of success in promoting ChuIa Vista's legislative agenda,
staff is recommending exercising of the City's Agency's option to extend the contract.
Council/Agencymember Rindone suggested including a 10th item in the proposed scope of work
to include an oral report to the Council at least twice annually.
ACTION:
CouncillAgencymember Rindone moved to adopt Council Resolution No. 2007-
010 and Redevelopment Agency Resolution No. 2007-1965, as amended to
include a 10th item to require an oral report to the Council at least twice annually,
heading read, text waived:
COUNCIL RESOLUTION NO. 2007-010, REDEVELOPMENT
AGENCY RESOLUTION NO. 2007-1965, JOINT RESOLUTION OF
THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA EXERCISING THE CITY'S OPTION
TO EXTEND THE CONTRACT WITH ADVOCATION, INC. FOR
LEGISLATNE REPRESENTATION FOR THE 2007-2008
LEGISLATNE SESSION, AND AUTHORIZING THE
MAYOR/CHAIR TO EXECUTE AN AGREEMENT ON BEHALF OF
THE CITY OF CHULA VISTA AND REDEVELOPMENT AGENCY
/6-- /
ACTION ITEMS (Continued)
Council/Agencymember Castaneda seconded the motion, and it carried 4-1 with
Agency/Councilmember McCann opposing.
CounciVAgencymember McCann stated that he could not support the item because he did not
receive information prior to the item corning forward and until he is comfortable with the
legislative position process and lobbying in Sacramento.
Legislative Analyst Colleen Camevale stated that Charles Cole, President of Advocation Inc.,
would present a report to the Council at the meeting of February 6, 2007.
CounciI/Agencymember Rindone asked that Mr. Cole also address key topics on the horizon,
particularly in light of how cities may be impacted by the Governor's latest proposals.
OTHER BUSINESS
2. CITY MANAGERlDIRECTOR'S REPORTS
There were none.
3. MAYOR/CHAIR'S REPORTS
There were none.
4. COUNCIL/AGENCY MEMBERS' COMMENTS
There were none.
ADJOURNMENT
At 7:57 p.m., Mayor/Chair Cox adjourned the meeting to an Adjourned Regular Meeting of the
City Council on January 15, 2007, at 9:30 a.m. in the Council Chambers, and to a Regular
Meeting of the Redevelopment Agency on January 11, 2007, at 6:00 p.m. in the Council
Chambers.
~
----
~
~
Lorraine Bennett, CMC, Deputy City Clerk
/i& - ,)...
DRAFT
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
AND A SPECIAL MEETING OF THE HOUSING AUTHORITY
OF THE CITY OF CHULA VISTA
January 9, 2007
6:00 P.M.
An Adjourned Regular Meeting of the City Council and a Special Meeting of the Housing
Authority of the City ofChula Vista were called to order at 7:57 p.m., in the Council Chambers,
located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLLCALL
PRESENT:
CounciV Authoritymembers Castaneda, McCann, Ramirez,
Rindone, and Mayor/Chair Cox
ABSENT: CounciVAuthoritymembers: None
ALSO PRESENT: Executive Director/Interim City Manager Thomson, Authority/City
Attorney Moore, City Clerk Bigelow, and Deputy City Clerk
Bennett
PUBLIC COMMENTS
There were none.
PUBLIC HEARINGS
1. CONSIDERATION OF THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS WITH
RESPECT TO THE PROPOSED REFINANCE AND REHABILITATION OF
EXISTING AFFORDABLE UNITS AT OXFORD TERRACE APARTMENTS
The City of Chula Vista has received a request from Alpha Project to consider the
issuance of tax-exempt obligations to refinance and rehabilitate 132 existing affordable
housing units at the Oxford Terrace Apartments project. The refinance and rehabilitation
will improve the property and slightly lower the already affordable rents. (Acting
Community Development Director)
Housing Manager Mandy Mills presented the staff report.
Mayor/Chair Cox opened the public hearing.
CounciVAuthoritymember Castaneda asked staff to come back with a proposal on how the City
may proactively seek ways to identify properties that would benefit from this program.
CounciV Authoritymember McCann requested confirmation from staff that the proposed bond
would not cost the City or Housing Authority any money; that it is taking an existing affordable
project and placing approximately $15,000 into each unit; and should the bonds go into default,
there would be no recourse to Housing Authority funds. Ms. Mills responded affirmatively.
Mayor/Chair Cox asked whether or not the tax exempt bonds would be available to any private
property owner, as long as they were willing to meet the stipulations of Housing and Urban
Development requirements or low/moderate income housing. Ms. Mills replied that such bonds
would be available to any entity that meets the minimum restrictions.
I~ -/
DRAFT
PUBLIC HEARINGS (Continued)
Council! Agencymember Rindone spoke in support of the staff referral by Councilmember
Castaneda to return to the Council with a proposal on how the City may proactively seek ways to
identify other properties that would benefit from this program.
There being no members of the public who wished to speak, Mayor/Chair Cox closed the public
hearing.
ACTION:
Council! Authoritymember Castaneda moved to adopt Housing Authority
Resolution No. 2007-032 and Council Resolution No. 2007-011, headings read,
texts waived:
A. HOUSING AUTHORITY RESOLUTION NO. 2007-032, RESOLUTION
OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA
REGARDING ITS INTENTION TO ISSUE TAX-EXEMPT
OBLIGATIONS FOR A PROPOSED REFINANCE AND
REHABILITATION OF EXISTING AFFORDABLE UNITS AT
OXFORD TERRACE APARTMENTS
B. RESOLUTION NO. 2007-011, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA PURSUANT TO
SECTION 147(F) OF THE INTERNAL REVENUE CODE OF 1986
APPROVING THE ISSUANCE OF BONDS BY THE HOUSING
AUTHORITY OF THE CITY OF CHULA VISTA FOR THE
REFINANCE AND REHABILITATION OF EXISTING AFFORDABLE
UNITS AT OXFORD TERRACE APARTMENTS
Council!Authoritymember Ramirez seconded the motion, and it carried 5-0.
OTHER BUSINESS
2. CITY MANAGERlDIRECTOR'S REPORTS
There were none.
3. MAYOR/CHAIR'S REPORTS
There were none.
4. COUNCIL/AGENCY MEMBER'S COMMENTS
There were none.
ADJOURNMENT
At 8:18 p.m., Mayor/Chair Cox adjourned the meeting until further notice, and to the Adjourned
Regular Meeting ofthe City Council on January 15, 2007 at 9:30 a.m. in the Council Chambers.
~
~
Lorraine Bennett, CMC, Deputy City Clerk
Page 2 - CounciVHA Minutes
January 9, 2007
/~-~
RECEIVED
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
6196915044 - 619476.5379G1V If CI1ULA ViS T t,
IlY aU/6('S @FFIGr
7
JAM 29 All :06
CllY OF
CHULA VISTA
MEMO
Friday, January 26, 2007
RE:
Mayor and City Council
Deputy Mayor RindonQ.
Request for Excused AbQnce on Thursday, January 18, 2007
TO:
FROM:
I am requesting that my absence from the Chula Vista Council Port meeting, held
on Thursday, January 18, 2007, be excused because I was ill.
Thank you for your consideration of this request.
jr:sh
2-A
The Honorable Cheryl Cox
Mayor
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
IAN J li 2001
Re: Resignation from Nature Center Board of Trustees
Dear Mayor Cox:
It is with regret that I write to tender my resignation from the Nature Center Board of
Trustees. The Nature Center has been a favorite focus of mine for twenty years now,
from its humble beginnings as the Nature Interpretive Center, to the jewel that is has
become as the Chula Vista 4^latu?"e Center.
Consistent with my involvement over many years in education, the Chula Vista Nature
Center has offered natural affinity for me to be involved in fundraising, shaping policy,
and creating programs to better inform our visitors of the need for coastal resource
conservation.
It has been my pleasure to work with you, Greg, and so many others in many different
capacities as we made progress out on Gunpowder Point. While Dewey and I seek to
remain involved as we are able, it is time for me to let go of some of my responsibilities.
Best of luck to you as you begin your work as Mayor of our fine city; we will be served
well.
Warm Regards,
j'1J-tlL-GJ'-€.( 7'
f,'
I
cc: Susan Fuller, ~r;ltur~ Ce:1ter Bo:rrd cfTr..lstces Chair
Daniel Beintema, Nature Center Director
2-1)
D\NG ~NO ~OOPi\ON
~E.CONO Ro;
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, AUTHORIZING THE LEVY
OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES
DISTRICT NO. 13M (OTA Y RANCH VILLAGE TWO)
ORDINANCE NO.
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has initiated proceedings, held a public hearing, conducted an election and
received a favorable vote from the qualified electors authorizing the levy of a special ta."(es
within a community facilities district, all as authorized pursuant to the terms and provisions of
the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title
5 of the Government Code of the State of California (the "Act") and the City of Chula Vista
Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of
Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California
(the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community
Facilities District Law"). This Community Facilities District is designated as COMMUNITY
FACILITIES DISTRICT NO. 13M (OTAY RANCH VILLAGE TWO) (the "District").
The City Council of the City of Chula Vista, California, acting as the legislative body of
Community Facilities District No. 13M (Otay Ranch Village Two), does hereby ordain as
follows:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the
levy of special taxes within the District pursuant to the Rate and Method of Apportionment of
Special Taxes as set forth in Exhibit "A" attached hereto (the "Rate and Method"), referenced
and so incorporated.
SECTION 2. This City Council, acting as the legislative body of the District, is hereby
further authorized, by Resolution, to annually determine the special taxes to be levied within the
District for the then current tax year or future tax years, except that the special tax to be levied
within the District shall not exceed the maximum special tax calculated pursuant to the Rate and
Method, but the special tax may be levied at a lower rate.
SECTION 3. The special taxes herein authorized, to the extent possible, shall be
collected in the same manner as ad valorem property taxes and shall be subject to the same
penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad
valorem taxes; provided, however, the District may utilize a direct billing procedure for any
special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect
the special taxes at a different time or in a different manner if necessary to meet its financial
obligations.
SECTION 4. The special taxes shall be secured by the lien imposed pursuant to Sections
31 14.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall
be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall
continue in force and effect until the special tax obligation is prepaid, permanently satisfied and
3-1
Ordinance No.
Page 2
canceled in accordance with Section 53344 of the Government Code of the State of California or
until the special tax ceases to be levied by the City Council in the manner provided in Section
53330.5 of said Government Code.
SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shaH cause this Ordinance to be
published in a newspaper of general circulation in the City pursuant to the provisions of
Government Code Section 36933.
PREPARED BY:
APPROVED AS TO FORM BY:
Scott Tulloch
City Engineer
H:\ENGINEER.\RESOS\Resos2007\U1.2J-07\CFD [3M On.!immc.e Authorizing Levy orSp~cial T..:u~s.OOC
3-2
CITY COU NCI L
AGENDA STATEMENT
~f:. CITY OF
~..;;:~~ CHULA VISTA
I
February 6, 2007, Item~
ITEM TITLE:
SUBMITTED BY:
HOUSING ELEMENT REPORT FOR FY 2005-2006
ANN HIX, ACTING DIRECTOR OF COMMUNITY
DEVELOPMENT ~
JIM THOMSON, INTERIM CITY MANAGER 1
REVIEWED BY:
4/STHS VOTE: YES D NO ~
BACKGROUND
The City of Chula Vista is required to prepare an Annual Report to report progress on the
implementation of the City's Housing Element. California Government Code Section 65400
requires the report to include the following: (1) progress in meeting the Regional Housing
Need; (2) the effectiveness of the Housing Element in the attairnnent of the community's
housing goals and objectives; and (3) progress toward mitigating govemmental constraints
identified in the Housing Element. This report provides detailed information regarding the
housing activities of the City ofChula Vista for Fiscal Year 2005-2006.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the activity
is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to
CEQA. Thus, no further environmental review is necessary.
RECOMMENDATION
Staff recommends that the City Council accept the Chula Vista Housing Element
FY 05-06 Annual Progress Report.
BOARDS/COMMISSION RECOMMENDATION
The Housing Advisory Commission received the Housing Element Report for
FY 2005-2006 at their meeting on January 24, 2007.
4-1
February 6, 2007, Item~
Page 2 of2
DISCUSSION
The Chula Vista Housing Element FY 05-06 Annual Progress Report (Annual Report),
included as Attachment 1, provides detailed information regarding the housing activities of
the City of Chula Vista for Fiscal Year 2005-2006.
On October 24, 2006. the City Council adopted the 2005-2010 Housing Element Update.
As the new Housing Element was not in place until after June 30, 2006, the FY 2005-
2006 Annual Report is based on the goals and objectives outlined in the 1999-2004
Housing Element. The 2006-2007 Annual Report will report on the progress of the
recently adopted Housing Element.
In addition to the Government Code requirement, the submission of an annual progress
report is an eligibility requirement for some grants through the San Diego Association of
Governments (SANDAG) and the State of California. Meeting this eligibility threshold
may place Chula Vista in a more favorable position for competitive grants.
DECISION MAKER CONFLICT
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)(l) is not applicable to this decision.
FISCAL IMPACT
None.
ATTACHMENTS
1) Chula Vista Housing Element FY 05-06 Annual Progress Report
Prepared by: Amanda Mills, Housing Manager, Community Development Dept.
4-2
ATTACHMENT 1
CHULA VISTA HOUSING ELEMENT
FY 05-06 ANNUAL PROGRESS REPORT
OVERVIEW:
EVALUATION OF PERFORMANCE
State Law requires jurisdictions to review the progress and performance of housing
elements goals and objectives. This progress report discusses the progress of the goals
ond objectives outlined in the 1999-2004 Housing Element.
A. Progress in Meeting the Regional Housing Need
Regional Housing Need Assessment (RHNA) is a 5 yr. housing need figure given by
the State of California and distributed to the local jurisdictions in San Diego County
by the San Diego Association of Governments based on growth estimates. It is a
planning goal to ensure that local general plans are accommodating for future
growth. The goal is met by showing available land at appropriate densities. The
follawing informatian compares actual production to the housing need estimate for
Chula Vista.
a. Total number of new housing permits issued
RHNA RHNA 05-06 Permits
(5 yr. (1 yr. Issued
Figure) Figure) Market Affordable
Rate Units
Units
Very Low 3,875 775 0 41
Income
Low 2,945 589 0 0
Income
Maderate 3,255 651 0 0
Income
Above 7,148 1,430 1,367 0
Moderate
Total 17,223 3,445 1,367 41
1,408
Permits Issued Very Low Low Moderate Above Total
In FY 05-06 Income Income Income Moderate
Seniors on 41 0 0 0 41
Broadwav
Ma rket Rate 0 0 0 1,367 1,367
Total 41 0 0 1,367 1 ,408
4-3
b. Affordobility by income level of new units, including the number of deed
restricted units
Affordable Very Low Low Moderate Above Total
Units Income Income Income Moderate
completed
In 05-06
Main Plaza 10 41 55 0 106
Sedona 0 32 135 0 167
Mar Brisa 0 67 48 5 120
Market 0 0 0 1,587 1,587
Rote
Total 10 140 238 1,592 1,980
c. Compare units added to regional housing need allocation by income
category
RHNA
(5 yr.
Figure)
Very Low 3,875
Income
Low 2,945
Income
Moderate 3,255
Income
Above 7,148
Moderate
Income
Total 17,223
RHNA
(1 yr.
Figure)
05-06 units
leted
''''able!
775
589 0 140
651 0 238
1,430 1,592 0
3,445 iiT;592!' ;"\"('388';.';,8,
1,980
Page 2
Chula Vista Housing Element FY 05-06 Annual Progress Report
4-4
B. The Effectiveness of the Housing Element in the AIlainment of the Community's
Housing Goals & Objectives
The 1999-2004 Housing Element contained eight goals. Each goal was associated
with specific programs and objectives. The following analysis outlines the progress of
the 1999-2004 Housing Element.
a. Program status report relative to implementation schedule; describe actions
token to implement each program
A summary of these goals and objectives ore provided in the table below.
Chula VlSta Housing Element FY 05-06 Annual Progress Report
Page 3
4-5
';...
. 1999-2004, HOllSI",ciELEMENT EVALUATION,
',,' '. :",,;,' ,~.:- ,.'.:,:1." ,':.,'....: :.;.i: ,:'.;.:, ," :,>:~., ",:.. "',:~:,_, , . __": : ,.--: :.-.:. '. ',,:;.,- ..,: :',:' ..,':,';
. ,t. ':!.' d' : .... ~,., ,",' . . - , .' . - . 'i.j :;
.j:>
I
en
P . ....., 1999-2004. " p' ., ';~ ". ,', . ".'
..rogram':c>:" ;,',' 'Ob"'ct""~."",:j,.j , rogram I'\ct,lvltles
., . .....""" elves., ' "
Goal 1 - Conserve Existin Affordable Housina.Qeeortunities
1.1 Preservation of 41 units of ot-risk 1.1.1 Preservation of Conversion of Density Bonus
Assisted Housina at low-income Units - The Community Development
R' k f C r housing deparlmenl sholl work with the properly owner
15 0 onver mo of Ihe Meadows and Eucalyptus Parkview
to Market Role projects to ensure the continued affordability of
the 32 and nine low-income units respeclively.
As idenlified previously in the Needs
Assessment-At Risk Units, the affordability
restrictions for the Meadows ore scheduled 10
expire in the year 2000. This is Ihe only project
in Chula Visla at risk of converling to market-
rote housing during 1999-2004,
1.2 Condominium
1.1.2 Tenanl Education of Rights and Conversion
Procedures - The California legislature passed
AB 1701 in 199B, requiring properly owners
give a nine-month notice of their intent to opt
oul of low-income housing use restrictions. The
Community Development deportment shall
work with lenants of ai-risk unils regarding
tenant rights, conversion procedures, and
Section 8 availabilit / riori .
1.2.1 Re ulation of Condominium or Stock
On- om
1 Summary of Affordable Housing Projects, City of Chula Vista, 2005.
:',..:..,' '..-
'::,;:." .
"",.'
""";,~.9,?:?~~99~r,re~res~,:.
32 low-income housing units
within the Meadows project
expired in 2000. An
additional nine affordable
housing units in the Eucolyptus
Parkview project will expire in
200B. The City has referred
affordable housing developers
10 alllhose developments with
affordable housing covenants
near expiration to discuss the
possibilities of maintaining
covenan1s. I
No low-income housing units
were converted 10 market rale
housing os applicoble to AB
1701 (1998).
Due to the hi h demand for
ActiQris tobEl,
. ..,. Taken
Revise Ihe currenl
policies and programs
to proactively work
with two housing
developments 01 risk
of conversion.
Develop proactive
coordination with
offordable housing
developers.
Utilize Affordable
Housing Agreements.
Develop a resource
program for residenls
of converted units.
Consider revisions 10
,1999-2()()4 HOUSING ELEMENT EVALUATlgN
. ;,", :,>::,'_.:-~'"' _". : :_.::: ,--..:;..:.;! . : i .
Conversions
.j>o
I
......
1.3 Sinale-familv
and Mabilehame
Rehabilitation. with
Priority far Those
Homeowners of
Very Low- Income.
Soecial Needs
and/or Senior
Households.
Monitoring/
Regulation
250 CHIP
loons/gronts to
low-income
homeowners and
mobilehome
owners. Minor
repair and dean
up of 500 homes
and mabilehames.
1.3.1
.' "-, ," ..
Pr()g~c;rTiAd.i~iti~~ i'
Cooperative Conversions. though Municipal
Code, Tille 15, Chopter 15.56 - The Planning
and Building department sholl continue to
regulate residential condominium and stock
cooperative conversions as specified in the
Chula Vista Municipal Code, Title 15, Chapter
15.56 in order to protect existing tenants and
promote the orderly growth and amenity of
Chula Vista.
Rehabilitation Assistance - The Community
Development department shall provide
rehabilitation assistance, through loans and
grants, to lower-income owner occupants to
preserve and rehabilitate deteriorating homes.
Assistance will be targeted to hameawners
residing in blighted areas of the City and
priority will be given 10 those single-family and
mobilehome owners of very low-income,
special needs and/or senior households. The
Community Housing Improvement Program
(CHIP) provides favorable loans to law-income
owners and also provides grants for minor
re airs.
2 Community Development Department, City of Chula Vista, 2005.
housing and increasing values
of homes, the Southern
California residential market
has seen an increase in the
conversion of apartments to
individual ownership units. In
Chula Vista, this trend began
in 2005, with a tolal of 432
unUs converted, 369 units ore
located in the area east of 1-
B05 and 63 units west of 1-
B05. The City continues to
monitor and regulation
residential condominium
conversions.
Since 1999, the City issued
191 grants and 23 loans to
homeowners for minor repairs
and rehabilitation through the
Community Housing
Improvement Program
(CHIP)!
ActiOI1$. fo be
Taken
the Municipal Code
Chapter 15.56 thai
address impacls 10
local planning areas,
tenant rights and fee
provisions for rental
conversions as key
program revisions to
successfully administer
future conversions.
Focus on providing
CHIP resources in
priority areas, such as
the northwest and
southwest planning
areas.
Take 0 more pro-
active approach in the
provision of
loans/grants through
targeted efforts in Ihe
City's most affected
nei hborhood.
Ch~la Vista Housing Element FY 05-06 Annual Progress Report
Page 5
" :,0.-,'
..1999-2004, HOUSING ELEMENT EVALUATION ....
:,.!". ;':'-:' :-.::..':: .<:'-:' i :::-, ...."::., '_:'~';:':~;,- .' "j;"
" ,,' ,,'::-::;.' ..;''''
'Prog;:a~ Activities' '; '"y ,,:'/'
".':',,: "';";:"f ,t' " ~~,.-,! "~-.;-. ".. '''''. ': :-,: ,>::::y;"
<) 999~2Q04.>
. "Ob'eCti~es';'"
~. ,-.
>;'::-:.:.;'~: ;",':::::'>,
, "
"""
I
00
1.3.2 Coring Neighbors Program- This voluntary
program is utilized occasionally by Code
Enforcement to perform minor rehabilitation
work for elderly and disabled homeowners.
This program will depend primarily on the
availability of funding from CDBG funds, which
is a competitive grant provided on on onnual
basis.
1,3,3 Home Modification and Repair - For Senior
Citizens - The Community Development
deportment sholl encourage elderly persons to
seek home modification and repair programs
that will allow elderly persons to remain in their
home and help to prevent injuries.
Weatherization Pragrams are available through
the local Welfare or Energy Deportment (Law.
income Home Energy Assistance Program and
the Weatherization Assistance Program),
1.3.4
Reverse Mortgage Program - A Reverse Annuity
Mortgage Program, available through private
lending institutions, con help elderly
homeowners goin occess to their home equi1y.
Under this program, the Federal government
guarantees the loans to senior citizen
homeowners, which allows them to draw down
a monthly stipend.
Rentol Housin Ac uisition and Rehabilitotian
. Rehobilitate
25 ve low-
1.4.1
3 Community Development Department, City of Chula Vista, 2005.
'. ':',:,::..~ i.~: ;-:; '~/"",_';:i':''-
..;':':'Jg??t~Q:q1';P~~~t~~.,'i,r
Between 1999 and 2005 the
City spent $179,300 to repair
ond clean up. 655 housing
units through the Coring
Neighbors Pragram.'
The Community Housing
Improvement Progrom (CHIP)
issued 191 grants and 23
loons to homeowners for
minor repairs and
rehobilitation. Of these 111
grants were provided to
elderly households.
The Reverse Mortgage
Pragram continues to be
offered through private
lending institutions with no
direct Ci1y involvement.
Since 1999, Redevela ment
:: Actionst!) be.<
"'Taken<'
The Ci shall continue
Pagei6
Chula Vista Housing Element FY 05-06 Annual Progress Report
1999-2004 HOUSING ELEMENT EVALUATION
","-:" ,..,.. - ";;" ....... ,"" '" '. ..".,."
Program
funds have been used 10 assist
in the acquisition and
rehabilitation of 24 units of
Very low- and 94 units of Low-
income rental housing.s
.-.... __",';'- .c- .-:,;
.....Programl\~i~iti~~;/.
- The Community Development departmenl
shall moke local funds available far both non-
profit and for-profit developers to acquire
rental housing that is substandard,
deteriorating, or in danger of being
demolished. A minimum of twenty percent of
the unUs, once rehabilitated, will be set~aside
for very low- and low-income households at
affordable renls4 for a minimum of 55 years,
unless otherwise dictated by a Stote or Federal
law.
Housing Inspection - The Planning and
Building deportment shall continue 10 employ
Code Enforcement staff to systematically
inspect rental housing complexes of three or
more units and report violations of current
Heollh and Safety Codes. Where necessary
work is fairly extensive, referrals to the CitYs
Community Development Housing Division ore
mode.
.W9,9-2004f%gr~ss..
"',-::;.:.:.",,;...,-:,-,:,,'-,-,';.-:.-:,;"<-,:,: '
Deterioratina and
Substandard Rental
Housi no
income and 95
low-income rental
units
~
I
co
In 2002, the City restarted its
Title 25 mobilehome
inspection program. The
City's multifamily rental
housing inspection program
restarted in 2003. To date,
1,312 rental units within 233
complexes have been
inspected and 10
mobilehome/ trailer parks with
a total of 991
mobilehomes/lrailers.
1.4.2
.. .. Acliqnil to be .
....... Takeri ..
10 make local funds
available for
developers to acquire
rental housing.
Continue the Mobile
Home Inspection
Program and the
City's Multi-Family
Rental Inspection
Program.
4 In such instances that affordable rents are nol defined by the applicable laws or regulations, affordable rents (including a utility allowance) for low-
Income households shall not exceed the lesser of 1) 30 percent of 60 percent of the Area Median Incame as published from time to lime by the U.S.
Department of Housing and Urban Development (HUD), adjusted far household size; or 2) 10 percent below market renls far comparable units within the
project or surrounding properties. Far very law-Income households. affordable rents (including a utility allowance) shall not exceed 30 percent of 50
percent of the Area Median Income as published from time to time by the U.S. Department of HUD. adjusted far household size; or 2) 10 percent below
market rents for comparable units within the project or surrounding properties
s CV Hsg Production 1999-2005.xls
ChuJa Vista Housing Elemenl FY 05-06 Annual Progress Report
Page 7
. . ,'. .
. ..
. . ...,' .
- . . :. .
. . .1999-2004 HOUSING ELEMENT EVALUATION
1.5 Preservation of
Mobilehome Pork
Livina
.f>o
I
~
o
Case by case
1.5.1
,',-...-.,.
..p~;'gr~;n,Niti~i!i~~',..,,' ..,i".'....
Community Housing Improvement Program -
The Community Development deportment shall
continue to provide grants and/or loans to low-
income mobilehome owners for the
rehabilitation of their mobilehome through the
Community Housing Improvement Program
(CHIP).
1.5.2 Mobilehome Space Rent Review Ordinance -
The Community Development department shall
monitor and enforce the City's Mobilehome
Space Rent Review Ordinance to protect the
rights 01 mobilehome residents in preserving
thi, affordoble housing olternative,
'"1':-'
:"~\:::(';':
...:.0,....
),~, 19~?-i99~,I'~~.I'~s.~:.
The Community Housing
Improvement Program (CHIP)
is an on-going program thot
provides loans and grants to
low~income homeowners.
Since 1999, 191 grant, and
23 loans have been issued to
homeowners for minor repairs
and rehabilitation. Of these
147 grants were provided to
mobilehome residents.
".'; ActiCln~fpbe .,.
'raken .'
Continue to pro....ide
CHIP loans! grants to
mobile home
residents.
The City will continue
to enforce the
Mobilehome Space
Rent Review
Ordinance.
Paga18
The City continues to monilor
ond enforce the Mobilehome
Space Rent Review Ordinance.
In July 2002, the Chulo Vista
Municipal Code Chapter 9.50
was amended 10 induda the
following:
1) Limiting the annual
permissive rant increase;
2) Complionce with Code
requirements when the rant
increase exceeds the annual
permissive;
3) Greoler specificity to the
fadors to consider for rent
increases in excess of the
annual permissivei
4) Elimination of 011 regulotions
related to rent increases
Chula Vista Housing Element FY 05-06 Annual Progress Report
'1999~2()().f HOU$INGELEMENT, EVALUATioN
.". "".',::...-..';:r.!/:,::". ::;';,' ....... .
", ',.,"
,ProgrorrtAdl'(i1i~ "
. .'" ,'_ ,.. '.'._;,.,....,.__.;.c .
;,;--,;'"
.j>.
I
~
~
1.5.3 Mobilehome Pork Conversion Ordinance - The
Community Development deportment sholl
monitor and enforce the City's
MobilehomefT railer Park Conversion
Ordinance to pratect the rights of mobilehame
residents.
'.. ,'",.,.'-.:."
. .' .
'-",:...:'--:, .
,.....
:p,Cticms tobl3
""'"Takeri'''''
.','i J~C},9~28q~fr?~~~sY'
upon change of ownership
and righlto mediate the
resole price of a
mobilehome, known as
"vacancy decontrol";
5) Monitoring of space rents on
an as needed, case-by-case
basis (Section 9.50.050 C);
6) RelormoHing ond greoter
clarity of processes and
definitions.
These amendments were
proposed to address concerns
regarding difficulties in
implementing and
administering the Ordinance,
increasing housing cos1s,
general safety and wellare of
residents of mobilehame
communities, provide dearer
direction and defini1ions, and
to be consislent with State
Mobilehome Residency low.
No mobilehome/ trailer parks
were dosed or converted
during 1999-2005.
:.:<::
Chu;la Vista Housing Element FY 05-06 Annual Progress Report
Page 9
io"
.' " .' .. . -'_..- .---. ...:'" -,'
. ..1999"2901,H()lJSING ELEMI:f\lTEVAlUATION
:':-'.; :,:-.-;(:(.
"
'.:..-.,.," ......-,-.
""":=C'"
_"'.1. .,-' .-.";,.!,,..,
'1,99?"2004 Progress,
;"';.;-..:,;,
1.5.4
.', ".:,!.Pr~~~.~iiili~~? ,',.,' " .....".,c
Resident Ownership 01 Mobilehome Parks.
The Communily Development department shall
assist mobilehome park residents to purchase
their parks and convert to resident ownership
by ossisting with the opplication for ather
funding sources such as the Stole Mobilehome
Assistance Program. Financial assistance
provided by the Cily, Agency, Stote, or other
funding sources may be limited to income
eligible residents and require affordable
housin costs.
of Residential Nei hborhoods in Chula Vista
Neighborhood Revitalization Progroms - The The Cily has continued to lund
Communily Development deportment shall the Neighborhood
continue to implement a pro-active program of Revitalization program. Castle
neighborhood inspections to improve Park Neighborhood
conditions and appearance primarily through Revitalization Area was
the 'Neighborhood Revitalization Program" allocated $11 million lor
(NRP). This on.going program largets specific drainage and sidewalk
low. and moderale-incame neighborhoods improvements and $600,000
exhibiting high volumes 01 citizen complaints. for landscaping and properly
The programs also prioritize needs for housing improvements from HUD
and infraslructure such as paving, curbs, CDBG Funds, $500,000 in
gutters, sidewalks, and drainage facilities, and CHIP loans for owner-
10 develop a schedule to coordinate provision occupied home improvements,
of improvements with available resources and and $500,000 in Jobs to
the Cily's Capital Improvement Program (CIP) Housing Granls lar property
scheduleJ and ins Community Housing improvements.6 During the
1m rovement Pro ram CHIP. The Communi eors 01 1999-2005
No mobilehome/ trailer parks
were listed for sale during
1999.2005.
.j:>
I
~
Goal 2 " Maintain and Enhance the Quoli
2.1 Reinvest in the Identify and target 2.1.1
Citv's Well. two residential
established neighborhoods for
Neiahborhoods a c1eanup/fix.up
campaign and
initiate a program
10 promote
communily pride.
Repair/rehabilitate
25 homes through
Christmas in
October.
1'0.)
· City of Chula Vista, Budget Highlights, FY 2004-2005
.},t-~~:k2~pf .
Continue programs
with lurther integration
of the CHIP,
Neighborhood
Revitalization
Program, Capital
Improvement
Program, and Code
Enforcement to
enhance Ihe overall
effectiveness of
neighborhood
reinvestment.
Page; 10
Chula Vista Housing Element FY 05-06 Annual Progress Report
1999~2004H9USIN~,~LEMENT EVALUATION
";,;.." ,:!,',::';';":.:,:"
Christmas in Odaber is an
annual event 10 help preserve
and revitalize communHies.
During the previous Housing
Element cycle, 35 homes were
repaired/rehabilitated through
the Christmas in October
ro rom.s
During 1999-2005, 1he Cily's
Code Enforcement staff
responded 10 approximately
12,000 complaints. To date,
1,312 rental units within 233
comple)l;es hove been
inspected through the Cily's
Rental Housing Program and
10 mobilehome/ troiler parks
tolaling 991
mobilehomes/lrailers through
the Title 25 ro ram.
Goal 3 . Ensure that an Adequate and Diverse Housing Supply is Available to Meet the City's Existing and
Future Needs.
3.1 Affordable
Housin Pro ram
.j:>
I
....
(.0)
2.1.2
New construction
of 590 units for
3.1.1
",-',._," '""",'-'
'. ,--.' ....;. ""."
. '/.PrograiTIActiviti~s\ .... .......
-"":.. "'-- ...;...-,;,".,...,.:::.:':;.:O.:"......i"'..
Development Housing Division will cooperate
and assist locally based citizen groups to
develop a program to improve conditions and
appearance primarily through c1ean-up/fix-up
campaigns and initiale a program to promole
community pride for targeied neighborhoods.
Monitoring of Neighborhood Conditions - The
Planning and Building department shall
continue 10 monitor neighborhood conditions
for adherence to minimum standards of
habitability, and appearance that lead to
neighborhood deterioration by responding 10
service requests from concerned citizens.
Balanced Communities ~ The Community
Devalo ment de ortment sholl continue to
, ..' ..... ....C...
1'1~9~..:ZQQ4PrQ'gress .
.. ;.;;.;:-',.,,_>.,;-;;1,-.,. _,'.
$1,995,702 was spent on this
program.1
The Cily continues to
im lement this ob'active
· Actiol:lllt9~e:
..taken"
1 Hsg Element 4.12.05 PowerPoint, City of Chula Vista, 2005.
· Hsg Element 4.12.05 PowerPoint, City afChula Vista, 2005.
Chu,la Vista Housing Element FY 05.06 Annual Progress Report
Page 11
- -
'. ." .."
- ~rograrn
.....- '.-"
~
I
.....
~
3.2 Prolection of
Coastal Housina
lower-income
households, 01
which 130 will be
for sole units os
0150 referenced
under Program
4.1, and 470 units
for moderote.
income
households.
, ,_. ,- .
1999-2004 HOlJS,II'IGELEMENT EVALUATIP"!, " '
.- ,,".' ,..,.::.;.,...".;,.;!!,;:? .,-,,' ..c;..:<:.;..... ,:,":,:."
3.1.2
Case by case 3.2.1
9 comdevrpt.doc
1,::'< :.
"~rr,~~~;;;'AdI...AAie~\':~':': _'
achieve a balanced residential community
through integration of low~income housing
lhroughout Ihe City, and the adequate
dispersal 01 such housing to preclude
establishment of specific low-income enclaves.
Assure thot programs creote housing for large
families and accommodate the needs of
seniors and disabled persons.
Affordable Housing Requirement.
Administered by Community Development - A
minimum of ten percent of each residential
developmenl 01 50 or more units must be
reslricted lor occuponcy by and offordoble to
low~ and moderate-income households, with at
leasl one hall 01 those units (five percent 01
project total units) lor low-income households
Coastal Development Monitoring. The
Community Development deporlment shall
comply with State Low and local ordinances
regarding the monitoring and reporting of
affordable housing units and the new
construction of replacement affordable housing
within the Coastal Zone.
.999~2oo4~rg~~tiss.........
.. '-'--;:!"".'-,;...;-:.';";'-., .,......:-:".:.;'..
through the Affordoble
Housing Program requiring
new residential development
of 50 units or more to provide
10% 01 the housing for lower
income households.
Additionally, the City has
encouraged development of
other affordable housing
development by offord able
housing developers
throu hout the Ci .
The- City assisted the
conslructian 01 B31 low-
income units within the master
planned communities east of
I-B05 since 1999. 01 these,
19% were provided as
ownership opportunities and
79% as rentals. 842
moderote.income units were
constructed.
There have been no
demolition or conversion of
housing units within the
Coastal Zone in the 1999-
2004 Housing Element cycle.'
.... .... Actions 10 be .... .
. ... Tal<eti
policy.
Considerations should
be mode to codify the
inclusionory housing
policy into an
Ordinance.
The City sholl continue
to monitor and report
on activities in the
coostal zone.
Page. 12
Chula Vista Housing Element FY 05.06 Annual Progress Report
.J>.
I
~
3.3 Provide
Incentives for Low-
income Housina
Construction
C11
:;'i......
-.r"
1999;2004 ..
......... Ob.~Ctives.'
Adoption of 0
density bonus
ordinance.
Construction of 10
low-income
density bonus
units. Evaluate
waiving or
modifying certoin
development
standards.
Evaluate on 0
cose-by-case basis
acquisition of
property ond lond
write-downs.
10 comdevrpt.doc
'.,.::L,"
. '..1999~2004..HOUSING ELEMENT EVALUATION'
,
-,-,:,,-,-, ..'.
:-;,'"
3.2.2
3.3.1
;'",
.n,';.';
,"-'.'
:;.....,.
"'''',:j'''.
: ~::;!;.:,' ..:~:..; i" -:. 'j:; .\' ;;,
.,....-....,
.";
,i9'i9.~.~()Q4'p~~~ir.;~~ ,':AAiroank,lIe.t."n?ff
:'-1,':' .
Page 13
Pursue the
omendment of Tille 9
of the Municipol Code
10 codify density bonus
provisions, consistent
with the requirements
of Government Code
section 65915 ond os
omended through SB
1818.
Continue the
evaluation of
standards on a case~
by~cose basis.
Replacement Housing - Where conversion or
demolition of housing units in Ihe Coastal Zone
occupied by low- or moderate-income
households is proposed, such octivity will be
undertoken by the Community Development
departmenf in accordance with Slate Law and
the Ci 's odo ted Coos to I Pion.
Density Bonuses - By Morch 2000, the City,
with direction from the Plonning ond Building
deportment, sholl odopt 0 density bonus
ordinance consistent with State low
requirements. The density bonus ordinance is
an appropriate incentive 10 produce lower-
income offordoble units ond the City will
encourage its use where appropriate.
3.3.2 Development Stondords - The Community
Development department, with direction from
the Plonning ond Building departmenl, will
evaluate on a case by case basis as requested
b clavala ars the ossibili of waivin or
Chula Vista Housing Element FY 05-06 Annual Progress Report
, . ',_,_J :;~:-i;'
,".:";',","',"
There have been no
demolition or conversion of
housing units within the
Cooslal Zone in the 1999-
2004 Housing Element cycle.
10
In 1985, Chulo Visto adopted
State Density 80nus
requirements by Resolution.
The City has not yet odopted 0
Density Bonus Ordinance and
hos implemented density
bonuses consistent with Stote
law. To dote, 3 residential
developments have received
density bonuses and other
additional incentives, allowing
for the construction of a total
249 units of which 77 units
were granled os 0 density
bonus.
The City continues to evoluote
on a case~by.case bosis the
need for reductions,
modifications and/or waivers
of develo ment stondords.
.j>.
I
~
m
3.3.3
. . .. . -,.
. . -' .
. .
. . - ,.
999c2004HOUSI~G,E~EMENT EVALUATION
.', . _ ,_.' _,,'.,. ,. . _' . " " ,. _ _. .: ,.: _ ~;,;:,.,,; ';.', .',', : . " m" _ _ , " .... "" _' _. '.' . . _ ' :. ".- , _.,_ " . _ ,_ . . _ .
.-.-- ::~'- ;"; ': ':;":.:');ii,::::-:-: .:.' Ie. .." .,..,
. :', ':Pr~gfam, AciiYili~
, "1,'.,' .""
:",'-""'.
"""
",.e.:,'
.,." .
'.i":i~.?,~-~99f'~~~~~~;'."l
Nearly 011 affordable housing
developments hove been able
to meet the requirements. The
City has allowed some
reductions in parking
standards, and open space,
and landscape buffers. For
example, Villa Sereno (132
units) and Brisa del Mar (106
units) both received density
bonuses and modifications to
standards.
;,ActionsJQ. blii /
"'Tak~~i/""
The City should
modify this policy to
discuss financial
assistance by the City,
of which land-write
downs may be
appropriate.
The identification of
appropriate housing
sites on City.owned
properly is a mora
proactive approach to
assist the develo men'
Page; 14
modifying of certain development standards,
such os, but not limited to, parking standards,
or the revision of cerlain Municipal Code
provisions to encourage the development of
law- and moderate-income housing. The City
may provide a reduction in sHe development
standards or a modification of zoning code or
architecturol design requirements, for those
eligible affordable housing projects requesting
such redudions or modifications consistent with
Government Code Section 65925 (h). These
recommendations will be reviewed based upon
o goal to reduce cosls associated with overly
strict or outdated standards. Although
standards may be modified, the City will ensure
that the projects will retain aesthetic and design
criteria acce table to the Ci .
Land Assemblage and Write Downs - The City
con utilize CDBG, HOME, and Redevelopment
monies to write down the cost of land for ihe
development of low- and moderale-income
housing by private developers. As pori of the
land write down program, Ihe Community
Development deportment may also assist in
acquiring and assembling property and
subsidizing on-site and off-site improvements.
No funds hove been expended
directly for land write-downs
or assemblage of land. A
total of approximately
$10,738,000 in
Redevelopment Housing Set-
aside and HOME funds hove
been provided for the generol
development and provision of
lower income housing.
Chula Vista Housing Element FY 05-06 Annual Progress Repol1
J999~2004 HOUSINQ I:LEMI:NTEVALUAT1e>N ..'
.: -::.: ..:':;( ',;'::::-~--:;.: .:-i,'-~i--<';
. . ..... ..... ~ro9ramf\Fiivili~\
3.3.4
Pursue Affordable Housing Funding Sources -
The Community Development deportment sholl
examine ways to directly secure and/or
leverage Federal or Stote funding, or
encourage other agencies 10 do the same. The
intent is fa actively monitor the funds available
through different ond evolving housing
progroms to focilitote porticipotion of eligible
for-profit or nonprofit corporations.
"'"
I
~
.....
..199.?-:~Pq1'(>t9~~~~\" .
The City continues to
encourage developers to seek
other additional funding
sources. Severol projects were
aworded funds through the
Federal Home loon Bonk's
Affordable Housing Program,
Brisa del Mar received $2.5
million in Stafe Joe Serno Jr.
Farmworker Housing funds.
The City received $500,000 in
State Jabs Housing Balance
funds in 2003 and $1 million
in Rental Housing Rehab
Assistance.
communi .
Develop 0 more
intensive outreach to
lhe development
community, through
marketing of
programs and
providing descriptions
of available assistance
programs.
Ch~la Vista Housing Element FY 05-06 Annual Progress Report
Page 15
Prtlgrarn;'
3.4 Pursue
Housi no
OODortunilies for
Lower Income
Households. wilh
Attention to Those
Who Hove Soeciol
Needs
.j>.
I
~
00
..1~9~~2004'
Ob"ectives'
Assist 350 very
low- and low-
income persons
through the
Shored Housing
Progrom. Work
with the County
Housing Authority
to compete for
rental assistance
programs. Work
with social service
providers to
identify lower-
income elderly or
disobled residents
and provide
housing
assistance. Adopt
o second dwelling
unit ordinance.
Construction of
100 housing unils
wilhin a mixed-use
develo men!.
.J 999-2004 HOUSING ELEMENT EVALUATION
3.4.1
.ProgramJgt\...liillS..'..... .
Section 8 Renlal Assistance - The Section 8
Renlal Assistance Program extends rental
subsidies to very low-income (50 percent of
AMI) households who spend more than 30
percent of their income on renl, including
mobilehome pork space rents. Chuta Vista
contracts with the Son Diego County Housing
Authority 10 administer the Section 8 Rental
Assistance CertificateNoucher Program. The
Community Development deportment sholl
continue to participate in the Son Diego County
Housing Authority Section 8 Rental Assistance
Cerlificate/Voucher Program. At 0 minimum,
the City will slrive to maintoin the current level
of assisfance to very low-income households.
3.4.2 Shored Housing - The Community
Development deportment will consider
continuing to fund 0 Shored Housing progrom
o arated b social service 0 endes bosed in
11 City of Chula Vista Consolidated Plan FY2005-2010, page 30,
..~9,n-2pq1 Pr()gres~."
The Community Development
Deportment continues to work
the Housing Authority of the
County of Son Diego. As of
March 2005, 2,492
households in Chula Vista
receive Seclion 8 housing
vouchers from the County
Housing Authority. The
HACSD also operates four
public housing developments
to provide 120 units. II
The City has provided funding
each year for Lutheran Social
Services to provide 0 shored
housin ro rom within the
""Ag,ionst9~~
'.' . < TakilO"
Encourage mixed-use
development in the
Southwest and
Northwest planning
oreas
Develop provisions 10
amend Title 9 of the
Municipal Code to
allow for the
intensification/reuse of
infill sites.
The City will consider
increases in the
affordable housing
requirements in
redevelopment areas
to further encourage
the development of
affordable units.
Page!16
Chula Vista Housing Etement FY 05-06 Annual Progress Report
,,'_',C,;',"--" .
:-:):/"',':-:' .
.....'J~.9~~2004..
...... Ob'aCtives'
~
I
~
the South Bay which facilitate matches belween
households with extra room and individuals
seeking low-cost housing. Most matches
involve senior citizens or disabled citizens.
3.4.3 Second Dwelling Units - Second dwelling units
provide additional low-cost housing
opportunities to residents, particularly for
seniors and students. By March 2000, the City,
with direction from the Planning and Building
deportment, sholl adopt on ordinance which
permits second dwelling units under cerlain
conditions.
CD
3.4.4 Special Needs of the Elderly, Disabled, and
Single-Parent Households - The Community
Development department shall encourage the
development of housing suitable for the elderly
and disabled persons os well as single-parent
households to be in close proximity to public
transportation and community services. This
includes easy accessibility to special services
such as day care, elder core, medical services,
or recreation.
12 City of Chula Vista Consolidated ptan FY2005-2010. page 42.
"cv Hsg Production 1999-2005.xls
'"--. -..- ,,"
".':';....
.1?99~2qQ4.P;.~lIr~~:".,.
" " ,-_. "
AclioflsJo l:Ie
",i'Tc::Ikl'!h' ".'
City. Approximately 102
lower~income households
were assisted.
A second dwelling unit
ordinance wos adopted in
2003 to allow second dwelling
unils in the A, R-E, R-l and P-
C zones with cerlain
development standards found
in Seclion 19.58.022 of the
Municipal Code. Belween
January 1999 and July 2004,
the City has approved and
finalized 25 accessory second
dwellin units.
Housing development for
seniors may be allowed in any
zone except the R-l, R-2, C-V,
C- T and industrial zones.
Senior housing is allowed wilh
o CUP and the Planning
Commission and City Council
has the discretion for granting
exceptions to development
standards, like parking,
density, and setbacks, among
others Section 19.5B.390 .12
Ch,-,Ia Vista Housing Element FY 05-06 Annual Progress Report
Page 17
199.9-2004 tlOLiSINGElEMENl EVAlUATION, ..
.... ". ~.,: ;::.:;';:;.'-':.:;::, :'.>-:.~: -.::ri ,::'.:-:-:::L::> t-'::L'/:::;:'~:,;':/L( ;-:"::::'.>,--.-. _.-- ":~.;::;'.: ,::-;' ':"<:',_::;.: ~::~,. . ..~~:i
,.,'
'..... X.'.PrClg~r'f~~I~!ti.ilS.;:t.
, . : ..' ,~,:.
.,:........
"."':",.,.
~
I
N
C)
3.4.5 Mixed Use Developments - The Plonning ond
Building Department sholl review existing
zoning and land use policies to remove
impediments, if appropriate, and encourage
mjxed~use developments.
,-:,!;;:'."
:\.;,'{.-:. ....
_.__'__0'.;..
19,99~~()04PrqgrEli;~ ,...
'"'.;''' :"":,::;;r":':' :.','....
Under the City's inclusionory
housing progrom 36 Very low
and 191 Low-income senior
rental units have bean
conslruded since 1999.13
Mixed commercial~residentiol
projects moy be ollowed in the
c.c-p zone upon the issuance
of 0 Conditionol Use Permit by
Section 19.56.205 o/the
Cily's Municipol Code. Two
offordoble housing
developments have been
construded as mixed use
developments, 6riso del Mar
(106 dwelling units and
15,000 sq feet of commerciol)
and Hadlage Town Center
(271 dwelling unils ond
30,000 sq feet of
commerciol). Eoch of the
Villoges within the Oloy Ronch
community has a mixed-use
Village Cenler. In 2005
Bellagio wos conslruded as a
market role housing ond
commerciol developmenl. 760
Broodwoy, locoted within the
Cily's Redevelopment Project
Area is currentl under
.."
page118
Chula Vista Housing Element FY 05..oe Annual Progress Report
"""
I
f',)
~
14 CV Hsg Production 1 999-2005.xls
-.'-:"
1999-2004 HOUSING ELEMENT EVALUAT10"l>
";"',.,!
. .':,.'."
.... .......... ...... .. . ...... ~ ....Progra~Adiviil~~. ...
'.'" ,_ " ;:- __.,e.:....;'_:.,::.',.
3.4.6 City/Agency Assisted Developments - The
Community Development Deportment will
continue to work with private for~profit and
particularly non-profit residential developers to
use local funds from CDBG, HOME Program,
Redevelopment Low/Moderate-income
Housing Set-aside funds and other City
originated funds and leverage them against
State, Federal and private low interest funds to
create housing opportunities for extremely low,
va low and lowM;ncome households.
3.4.7 Article XXXIV - On April 11, 1978 under
Proposition C, the voters of Chulo Vista
authorized the development, construction, or
acquisition of 400 units of "low rent housing"
by the Agency. Of the 400 allowable credits,
Chulo Vista has utilized 293 units and has 0
balance of 107 units remoinin . The
..,.::,....-.
-"';;
""'" ',:..:':'.-" '.;"
....... Ac!iQOll.tol:lE\..
Takfih'.
Chu,la Vista Housing Element FY 05.06 Annual Progress Report
,j'";;<.::":"
.)1?9.9.c~.994rr(l9."~$.
construction and includes 40
residential row homes with 9
loft units over first floor refail
fronting on Broadway.
In addition, the General Plan
Update incorporates two new
mixed-use land use
designations; Mixed Use
Residential and Mixed Use
Transit Focus Area.
Since 1999, $10.7 million in
HOME and Redevelopment
Low/Moderate-income
Housing Sel-aside funds have
been used to construe! and/or
rehabilitate 123 Very low and
807 Low~income units.14
Since 1999, the Cily has been
able to provide Financial
assislance to construct and/or
rehabilitate 123 Very low and
807 Low~income units. Of
these, only 11 units fell under
the 0 Iicobili of Article
Page 19
'''.','
......... Prpgtdll1.)
~
I
N
N
...,,'~~~~~~/
1999.2004.HOUSING ELEMENT EVALUATION .....
.: : :";': .~i/:"':,~';,: <\:.:.!':L":i ';::'::.:' ~\:" :':'~::::::\: :<~i>;'::/:;.:',::C!':>} :,';i:.:>".:: ':.:'- :.::: .
. .",.,. "",;:.;'~[,?~r~~~~itl~~: '..i?::........,.:;'.:,i.'~I*.?,~~3qQ4'er~q}~~,:;.
1,;',."..~~~~~;~..~e..
.'..'.
XXXIV. A balance of 67 units
remain within the City's
Proposition C outharity of 400
units of low rent housing.
Community Development Deparlmenl will
continue to ossess the opplicability of Article
XXXIV 01 the California Constitution to cerlain
housing developments where the City ond/ar
Redevelopment Agency 01 the City are
considering financial assislance or olher
incenlives to assist in the development and
construction 01 such housing. Should the
City/Agency identify thot Article XXXIV
significantly impacts its ability to assist in the
provision 01 oHordoble housing, the City would
evaluate the possibility of initiating a
referendum to obtain more au1hority for the
development, construction, or acquisition of
"Iow rent housin "b Ihe Ci /A en .
ortunities for Low. and Moderate-Income Households
AHordable Housing Program - The The City assisted the
Community Development deportment shall construction of 162 low-
continue to work closely with developers to income far sole units within
encouroge thot 0 portion of the the Eastlake and Rolling Hills
low/moderate-income housing required under Ranch masler plonned
the City's AHordable Housing Program is buill communities between 1999
lor home-ownership. and 2005. A total of 70
aHordable hameownership
opportunities wi1hin the Son
Miguel master planned
community and 175 within
Otay Ranch ore anticipated in
2006-2007.
Particularly with 1he rising cost
of housin seen in the last five
Goal 4 - Increase of Home Ownershi 0
4. 1 Encauraoe Ihe
Construction of a
Varielv of Housina
IYw
Assist 130 low- 4.1.1
income first-time
buyers in
lulfillment of the
City's Affordable
Housing Program.
Provide 25
Mortgage Credit
Certificates to low-
and moderote-
income
households.
More lacused policy
direction should
address the need 10
enhance the
Affordable Housing
Policy os it applies to
infill and mixed-use
development in the
western area of the
City.
Page: 20
Chula Vista Housing Element FY 05-06 Annual Progress Report
. .' . . . .
. .
. . ...
. '. ..
.-' .. .. .
. .. .-.
, . .' -"" ' ,"
, .... - ',':.:: .,.... .. C:'.._ ."
1999-2004 HOUSI~G ELEMENT EVALU~TION'
...1999~#oq.4.~~o~r~~~"..
4.2 Assist Low-
Income
Households
Purchase A Home
4.2.1
.j>.
I
...,
'"
4.2.2
First~ Time Homebuyer Programs - Financial
participation by the City, Redevelopment
Agency, or Housing Authority in 0 first-time
homebuyer program will target those families
and individuals currently living and/or working
in Chula Vista. The Community Development
deportment sholl explore seHing aside 0
portion of its Redevelopment Low/Moderate
Housing Funds or HOME Fund to assist low-
and moderate.income families to purchase 0
home. Funds may be used for closing costs,
down payment, and/or below~market interest
rate. The City would expect repayment of the
loans through its equity share participation to
allow the City not only to recoup the loon but
also 10 build the fund for future program
activity. If using Redevelopment Low/Moderote-
Income Housing funds, assistance could be
provided to potential homebuyers of Agency-
assisted projects or for the purchase of homes
wilhin the Redevelopment area. A HOME-
funded program would be available to provide
assistance to low-income homebuyers for 1he
urchase of a home within Chula Vista.
Homebuyer Information - The Community
Davalo menl de ortmant shall continue to
15 Community Development Department, City of Chula Vista, 2005.
Atiions. to))II.
. Token
years, the City will continue 10
encourage affordable
homeownershi 0 ortunities.
Since 1999, the City has spent
$52,000 assisting
homebuyer's purchase a
home with down payment and
closing cost assistance and
through lhe City's First Time
Homebuyer program. 15
Consider increasing
the loon amoun1s
under the First-Time
Homebuyer Program.
The City should
consider revisions to
the homebuyer
program to encourage
the long term
occupancy of housing
by low-income
households.
The Community Development
De rtment continues to
Chu,la Vista Housing Element FY 05-06 Annual Progress Report
Page 21
.j:>
I
....,
.j:>
,P~og~am)
.-,-:'.,,' - .'.,
... .. .
. . .
J999'~PP~HQl.!SI.~<3~I,fM~NT EY#~AT!P~ ;.'
.....,,"... "-"":',: ......:
make information avaitable to the public on
the home buying process and home mortgage
lending including Federal, State and local
programs.
4.2.3
Homeowner Education and Counseling - The
Community Development deportmenl sholl
encourage developers, lenders, and social
service organizations 'to provide educational
programs and materials for homeowners and
potential homeowners on home maintenance,
improvement, and financial management. The
purpose of the educational programs will be to
help, especially first~time homeowners, prepare
lor the purchase of 0 home and to undersland
Ihe importance of maintenance, equity and
appreciation, and to budget properly 10
accomplish such and avoid losing their homes.
"'-';'.<"
. Actions t9, be
',JakE/n. .'
.....1?9?~~OQ~.f'r9gr~ss .....
provide information and
materials regarding first time
homebuyer programs by mail
and at its public counter to
those interested. Additionally,
the City has participated in
community meetings to
provide information.
In April 2000, the City held 0
Homebuyer F9ir. Participants
included representatives from
master planned communities,
lenders realtors and the Ci
As stipulated in City Council
Policy 453-02, 0 potential
homebuyer for housing units
developed os affordable 10
low-income households musl
otlend 0 qualified
HHomeowner Training
ProgramH and provide
evidence 10 Ihe City of their
attendance to be considered
eligible for the purchase of
these units. To dote, two new
housing developments,
Sedano at Rolling Hills Ranch
with 32 affordable unifs and
Mar Brisa at Son Miguel Ranch
with 70 affordable units hove
pagB:22
Chula Vista Housing Element FY 05-06 Annual Progress Report
.' ,.' - . .,-
.' - .' .' .' ..... .-'-. ....
. .
.' . . .' .
.1999-2004 HOUSINGELEMENTEVAl..UATION....
,-'."...'. "
" .. ,~r '"
" "-':'.;):,::','/.:-::;:'::,:;,:':''';;;::'l);:.::;.:!'::'::,,:',":-- ":..
Pr9gralT\~~,viti~> " .
"""
I
~
en
4.2.4 Mortgage Credit Certificate - The City is 0
porlicipant in 0 coalition consisting of the
County of Son Diego and many other cities in
providing Mortgage Credit Certificates (MCq
to qualified first-time home buyers. The
coalition has hired 0 consultant to administer
and implement the program on its behalf ond
the City contributes to the administration costs
of the program. first-time homebuyers ore
referred by the Community Development
department to the consultant.
4.2.5 HUD Homes - The Community Development
deportment sholl assist non-profit
organizations to acquire and rehabilitate
homes offered for sole through the U.S.
Deportment 01 HUD with the expeclation that
these homes will then be sold to low-income
first-lime homebu ers.
4.2.6 Single-Family Residential Mortgage Revenue
Bonds - Single-Family Residential Mortgage
Revenue Bonds con be issued by the City
(through the Community Development
department), County, or non-profit
organizolions to provide mortgage loons to
encourage developers 10 provide for.sole
housin which is affordable to first-time lawer-
,. Community Development Department, City of Chula Visla, 2005.
.';"i'-'
.....,,,'.:.....
'~r:?',,,..
:.-i
.........1999.-200.....PrClQl'ess>)
:"..'......_'-y,,':-:.::....--_...., "-.;-.,,..,'.,'.,'.
... ....:....Ac;tions toblti
.Ta~eni'. .
required this training for
urchose of the units.
85 Mortgage Credil
Certificates hove been issued
and 48 certificates have been
re-issued since 1999.16
No homes hove been offered
lor sole in Chula Visla through
Ihe U.s. Department of HUD
as a result of foreclosures.
Based upon record low interest
roles available for home
morlgages, the City did not
find il necessary to issue Single
Family Residential Mortgage
Revenue Bonds to assist first
time homebuyers. The ability
for low-income households to
Chula Vista Housing Element FY 05-06 Annual Progress Report
Page 23
'.. ,'.
,.,
. , . , ,'. , -, "
.1999-2004 HOUSING ELEMENT EVALUATiON
,:...'.':'.,;i'.... ,'., <.::,:>:::<>__: .,.r,....,.'......:,.......... ;':< .,':",.,..' .'.,:",'
'...'.~rog..c:Jn:li ,.
- " ,.
" ,,' ,Progr~mAciiviti;,s""
. ,. . .' ,. '.'" ".' :.~ . , . . --;:. ,.. ,.... ,
.':.""
.:.'/i~j.i;:,:.~
",-',':.:.':'
". .',::,,:',::1,',
.":0:'
,',,) ,:.'
.,..
I
N
a>
income homebuyers whose incomes do not
exceed maximum Federal limits, Buyers must
olso intend to live in their homes os their
principal residence, Mortgage loons offered
under the bond progrom generally have lawer
interest rates than conventional loans. Loans
are ovailoble for oHached and detoched
sin Ie-fa mil residences.
4.2.7 Sweot-Equity - Sweat-equity projeds reduce the
production or rehabilitation costs of housing os
the homeowners provide some or all of the
labor required to construct/rehabilitate the
homes. The Community Development
deportment shall explore finoncial ossistance
for a low-income sweat-e ui ro'ect.
Goal 5 - Enable Homeless Individuals and Families to Find Permanent Housin
5,1 Particioole in Conlinue to 5.1.1 Support Existing Regionol Services for the
Reaional Efforts to parlicipate in Homeless. Chula Vista encourages the
Address Homeless regional efforts 10 coo"rdinated efforts 10 address homeless issues
Needs address needs of in the area through 0 conlinuum of core
Ihe homeless, model. Two non.profit agencies in the South
including the Bay Region (South Bay Community Services
Regional Task [SBCS] and MAAC Project) provide assislance
Farce for the to the homeless or near homeless populolion.
Homeless, local Both SBCS ond MAAC Projeel distribute shelter
FEMA Boord, vouchers to needy families, which allows them
Regional to stay 01 designated local motels. Assistance is
Continuum of rovided throu h the Count of Son Die 0 and
17 Community Development Department, City of Chula Vista, 2005.
18 Con Plan, page 29.
.'......::",
\;ji?,?S~q9..~fC!~i~~;,:~.. .
purchose a home has been
driven by the rising sales price
of homes in California.
During the 1999 - 2005,
$179,300 was spent to repoir
and rehabilitale hames
through the Caring Neighbors
and Chrislmas in Oelober
progroms,I7
SBCS is the primary service
ogency thaI provides homeless
shelter and services in Chula
Vista. SBCS operates four
transilionalliving programs in
Chula Vista. The Cily has
allocated on an annual basis
CDBG funds to SBCS for youth
and family support services,
housing services, and
economic development
o ortunilies.18
:"t-~ionsto,b.El/ .
",/;;,.,.tiJken'
The City should further
expand its policies in
addressing regional
homeless issues
1hrough the provision
of technical assistance,
site opportunities, and
grants or low-cost
loans to provider
agencies.
Pag~ 24
Chula Vista Housing Element FY 05-06 Annual Progress Report
.-".;, '
,:;-, ,
~'::=:;"-'>::":
:,:::(:.'"--'.r:;~:;
'".:
- - .
i 1999-2004 HOUSiNG ELEMENT EVALUATION .......
,../.; .
:::1'::.":
',:-,:;;-:;.;"::' Y'';:' "
Care Council, and
County of San
Diego Hotel/Motel
Voucher Program.
Construction of 1 0
transitional
housing units.
'.,..." _:00"__;":";;"""":'"-';:''' :.........-:'.,:. ,:__:i"',
ProgriimACtivities/',ii ",,::'
. - n' ::,:.;::,!~::_::.:-,>:::..:_'.:,., .,
FEMA. During the winter months, the Interfaith
Shelter Network provides shelter for up to 12
people at local porticipoling churches. SBCS
also operates several transitional housing
programs os described in Section 2 of this
Housing Element. The Community
Development deportment shall continue to
encourage these efforls to provide case
management services, emergency shelters,
transitional housing, and will utilize CDBG
fundin , as a ro riate, to aid in these efforls.
Porticipate in 0 Regional Approach to Address
Homelessness - The Community Developmenl
deportmenl shall continue to participate in the
Regional Continuum of Care Council for San
Diego County and the County of Son Diego's
application for funding through the Federal
Supportive Housing Program for the
development of new housing facilities for the
homeless ond the continuing funding of
existing facilities. The City will continue its
representotion on the FEMA Boord and the
Regional Task Force on Homelessness.
"'"
I
'"
-.J
5.1.2
5.2 Facilitote Locol
Facilities that
Res and to
Provide technical
assistance and
consider financial
Evoluate and Identify Facilities and Services -
The Community Development deportment sholl
evaluate su art facililies and service needs of
5.2.1
'.,".
1999-2004 Progress'.
..' "',' . -....'.'.;.....,."...-.. ....- .:"
, Actions to bll
....icikeri.
Between 1999 and 2005,
$373,000 in HOME Program
funds have been used to
construct 11 1ransitional
housing unils.19
The City of ChuJa Vista
continues to participate in
regional organizations focused
on housing and other needs of
the homeless or neor homeless
population. Such
organizations include the
Regional Continuum of Core
Council for Son Diego County,
Local Emergency Food and
Shelter Boord, the Regional
Task Force on Homelessness,
and the FEMA and County 01
Son Diego Hotel! Motel
Voucher Pro rom.
The City of Chula Vista
continues 10 participate in
re iona! or anizations focused
Page 25
The current policies
should be amended to
better reflect the need
,. CV Hsg Production 1 999-2005.xls
Chula Vista Housing Element FY 05-06 Annual Progress Report
Program..........
Homeless Needs
~
I
""
CO
'1999-2004.
, Oboedives>.
assistance to
organizations
seeking 10 provide
or expand facilities
and services within
Chula Vista.
5.2.2
5.2.3
'. .1999"2004 HOUSING ELEMENT EVALUATION
" _. "n' _""". -. ..-'
'Progr(Jm Activ.iti~~ .
Ihe homeless and the near homeless and
identify appropriate agencies and resources.
..... ..1999"2Qb,i P~~g;~~s
.:. ;;.--~.-,'.. .'n._,':"-:"" .,': ",' "> "_ ,.,.
.;.c",
on housing and other needs of
the homeless or near
homeless population. Such
organizations include the
Regional Continuum of Core
Council for Son Diego County,
local Emergency Food and
Sheller Boord, the Regional
Task Force on Homelessnes5,
and the FEMA and County of
San Diego HateV Motel
Voucher Pro rom.
As 0 recipient of funding
through the Federal
Emergency Sheller Grant
Progrom in 2004, the City
allocated $B7 ,169 to SBCS for
their emergency sheller
programs in Chula Vista.
Identify Non-profit Providers to Operate
Emergency Shelter Programs - Non-profit
providers ore hesitant to undertake emergency
shelter and transitional housing programs
because of the difficulty in securing adequate
operational funds. In addition to room and
board, most shelter programs provide some
type of case management and other social
services. Providers rely heavily on private
donations and volunteers 10 fill funding gaps.
The Community Development department can
directly assisl sheller providers with CDBG or
Redevelopment Housing funds, and encourage
them 10 apply far available Federal ond Stole
Fundin McKinne, E.S.P. ete
Facilitate Shelters and Transitional Housing
Programs - The City will continue 10 make an
effort 10 meelthe needs of the homeless
thrau h the lallowin : The Communi
Section 19 .5B.ll 0 ofthe
City's Municipal Code allows
for temporary shelters for the
homeless within a church for a
.. . Ac:!iCl!1stCl be
'. <"Tokerl
of identifying
appropriate sites and
assisting provider
agencies in the siling,
funding and financing
of core facitities.
Page 26
Chula Vista Housing Element FY 05-06 Annual Progress Report
. . ....Program .
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CD
5.2.4
:r:.!:i;:.;:::
Pragr?1l1 ;b~iviti~~';:'.
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....,..
.
Development deportment shall continue to
consider providing financial and technical
assistance 10 any organizaiion or consortium of
organizations seeking to establish transitional
housing or shelter programs to serve the
homeless populotion. The City will toke other
sleps, as necessary, to facilitate these programs
(such as amending zoning regulations to allow
temporory church-sponsored shelters). The
City's Zoning Ordinance currently allows for
the development of homeless shelters or
lronsitionol housing subiedlo the approval of
a Conditional Use Permit (CUP). Should the
City receive on application or other request for
siting of such a facility, the City's Plonning ond
Building Deportment will work to expeditiously
process the request through the identification of
suitable sites, along with (] set of performance
criterio under which the CUP will be granted.
Because site control is of paramount
importance for securing Slate and Federal
funding, the City will also consider providing
assistance in the site selection and acquisition
process. This may include loons, land
dedications or land cost write-downs.
Group Homes for Six or Fewer Persons -
Pursuant to State Law, a residential facility for
six or fewer persons may not be treated
differently than family dwellings of the same
type in the same lone. A residential facility is
defined os an fami! home, rau care
'1999"2004 p;'~~;'~~
,.T",:.... ;:..:":':<'" ;;~;i;;.,::":"'" ,':: ....__. '.,' .'.' :,.",
..... Actions to be
" .. .. Taken'"
maximum of 12 guests up to
two weeks per year.
The City hos received OnG
request to assist with the
development of 0 facility for
homeless persons.
Between 1999 ond 2005,the
City provided $373,000 in
HOME funds to assist in the
development of 0 11 units of
transitional housing for youfh
coming oul of the County's
Foster Care program.
Group homes continue to be
allowed by right within any
residentiol distrid within the
City of Chula Vista.
Ch~la Vista Housing Element FY 05-06 Annual Progress Report
Page 27
, . - . '
. " -' , .- ." ,: "
, ,- " '. . .
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. ..... :. "-, ,-,',.' ...-.."....,
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facility, or similar facility for 24-hour non-
medical core. A residential facility olso includes
o foster family home, small family home, social
rehabilitation facility, community treatment
facility, and transitional shelter care facility.
Therefore, small group hames for six ar fewer
persons can be located in any of the City's
residential dislricts by right.
~
I
(.0)
C)
and Waste Conservation as an Int ral Part of Homes
6.1.1 Implement Federal and State Conservation
Laws - The Planning and Building. department
shall require new developments to comply with
applicable Federal, Slale, regional, and local
policies and regulations regarding energy and
water conservation and air quality
improvement.
6.1.2 Resource Conservation - New Housing ~ The
Planning ond Building department shall
encoura e ener and water conservation in
',"'.'.. ",
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:;
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. ... ,.... AqiOns ,to~e '"
"",Takslli',
The successful
application af
conservation practices,
as a condition of
appraval for projects
is an effective policy
and will be continued
through the current
planning period.
Conservation policies
should be tailared 10
target infill residential
projeds in addition 10
the large-scaled
planned communilies.
The City has continued the
application of conservation
pradices os a component to
all residential developments.
All new development are
required to comply with
applicable federal, slate and
local laws relative to
conservation of energy
resources.
Page; 28 Chula Visla Housing Element FY 05-06 Annual Progress Report
.PrQ9rOrTl
~
I
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-'
6.2 Promote
Conservation in
Exislina Homes
'J999r~004 .
"Ob'edives
Change CHIP
Guidelines
. .1999-2004 HOUSING ELEMENTEVALUATION'
6.1.3
6.1.4
6.1.5
6.2.1
...,;:.;
i'Pr~gr~~~ivilifl~" ,. ",
'-" '.', "." ,.,..-;,......'..'.. .
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". ..........i999.2094I'rCll;l~llll~..i
importance of energy
conservation and the
techniques employed to
promote conservation.
The City continues to require
the installation of dual-piping
systems in new subdivision.
The Planning and Building
Deporlment continues to
require Water Conservation
and Air Quality Improvement
plans lor large developments.
Title 24 energy analysis IS
performed as part 01 building
plan check process.
Weatherization is an eligible
activity lor funding under the
City's Community Housing
Improvement Program.
However, due 10 more
immediate health and safety
needs, there have been limited
expenditures for
weatherization activities.
Promo1ion of
conservation in
existing homes can be
best served through
the development of
outreach malerials
relafed fo energy
conservation including
descriptions of the
benefits, techni ues,
materials, conslruction techniques, and
features including recycling storage areas, in
new housing in conjunction with programs
such os "Greenslor" and SDG&E's Comfort
Wise Pro ram.
Dual Piping - The Engineering deportment sholl
continue to require the installation of dual-
piping systems in new subdivisions to
accommodate the use of reclaimed water for
landsco in and other a Hections os feasible.
Waler and Air Quality - The Planning and
Building deportment sholl continue to require
the submission of 0 Ilwatar conservation pion"
and "'air quality improvement plan" or other
substanlive equivalent document lor large
developmenl projects at the Sectional Planning
Area SPA Pion sla e or similar level of review.
Tille 24 Compliance Review- The Planning and
Building department shall continue 10 perform
residential Tille 24 energy analysis os port of
buildin Ion check rocedures.
Weo1herizotion Programs - The Community
DevelopmenJ department shall continue to
encourage weatherization programs for low-
income households.
Chula Vista HousIng Element FY 05-06 Annual Progress Report
Page 29
Pr~arq~,
-1>0
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. - ..
. m 1999.2004HQUSING,~LJ:MENTE'lALlj~TION . ....
i ,-,' . : ~;:..~:i . .:: :~:: ::;;;;: .
......... .. .~r0,9r~rn;~~i"ili~
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....!..',..1.~~9:200~.~~ri~~~~.n......
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and incentive
programs available.
The City will focus on
education and
oulreach 10 inform
owners of the benefits
of energy
conservation.
The City will continue
coordination wilh the
Fair Housing Council
of Son Diego and its
provision of yearly
funding to fair housing
issues.
Page; 30
Energy conservation is an
eligible activity for Funding
under the City's Community
Housing Improvement
Program. However, due to
more immediate health and
safety needs, there hove been
limited expenditures for energy
efficien activities.
of Their Choice
Affordable housing
developments hove provided
and implemented 0 Foir
Marketing Plan to alfrad
prospective homebuyers and
tenonls within the Chula Vista
community by advertising to
employers and through media
directly targeting minority
o ulotions.
;.-.-.j......
6.2.2
Rehabilitation Funds for Conservation -
Consider and promote energy conservation as
an eligible activity for the City's residential
rehobililolion programs administered by the
Community Development departmeni.
for All Residents 10 Reside in Housin
7.1 ,1 Affirmative Fair Marketing Plans - All
developers of housing projects which contain
more than 20 dwelling units are required 10
prepare on HAffirmalive Fair Marketing Plan/
which should be designed to olfrad prospeclive
homebuyers andlor tenants within the
proposed market area, regardless of gender I
age, race, notional origin, or religion.
Chula Vista Housing Element FY 05.06 Annual Progress Report
. .. .
.. . .
.- . .
.' ." . .,. .., .
. . ' .. ,.
. '... -, . -. " .
.., . . ,'. .", .
1999-2004 HOUSINCl ~~EMENT EVALUATION
Pr09r?[11.A<:liviti~......
7.1.2 Fair Housing Services. The Community
Development department shall continue to
provide fair housing services to Chula Vista
residents and housing providers through the
Fair Housing Council of San Diego.
.j:>
I
(.0)
(.0)
7.1.3 Fair Housing Counseling and Education - The
Community Development deportment sholl
continue 10 provide fair housing counseling
services and other referral octivi1ies which are
designed to further the fair housing
requirements of Title VIII of the Civil Rights Act
of 1968. The City currently contracts with 0
fair housing consultant 10 respond to any
requests or complaints regarding fair housing
practices within the Cily and to provide an
educotional program for both residents and
housin roviders.
7.1.4 Fair Housing Assessment - The Community
Development deportment shall conduct on
assessment of impediments to fair housing
choice every five years in conjunction with the
preparation of the Five-year Consolidated Plan
for Housing and Community Development.
This assessment will include an analysis of the
actual level of discrimination in renlol housin
20 San Diego Regional Analysis of Impediments to Fair housing Choice, February 2005.
21 San Diego Regional Analysis of Impediments to Fair housing Choice, February, 2005.
...-,'"
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] 99c9"7P04. ~~(lgresil..
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. .tali:~ri .
Chu,la Vista Housing Element FY 05-06 Annual Progress Report
As of February 2005, the Fair
Housing Council of Son Diego
(FHCSD) sponsors public fair
housing educational activities,
fair housing outreach
activities, and fair housing
referral activities for Chula
Vista. 70
From Jon. 2000 to March
2003 Ihe FHCSD assisted 154
people with complaints
regarding fair housing in the
City. The City continues to
support the FHCSD and
ollocaled approximately
$39,000 per yeor to provide
services to Chula Vista.'!I
Chula Vista participated in the
Son Diego Regional Analysis
of Impediments to Fair
housing Choice published in
February 2005.
Page 31
:- . : .. .' .-.. . :.' -: -:-- ... ... --.
:: .. ._':: ....':/. . .\:-. ..;:'-- . -,,: . .:.-.,' .. '
1999,.2004 HOUSING. ELEMENT EVALUATION>
.'. '. ~ c...
.......,.-:..:
...:'
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P.:o~ra.rn ..,........
.,. .., .., .'..",. ..., .:,'.
Pfogr(]m~c1iyitilis;' "
for sale housing, and lending and a review of
1he Community Reinvestment activity of local
lenders. Additionally, the City is required to
prepare an annual performance report of all
housing and community development activities,
including fair housing activities for the year.
..:..""....
..:
, .'.i99l)';2004Pr~~,r~~s'"
';':-,>
Goal 8 - Redudion and/or Removal to the Greatest Extent Possible of Identified Constraints to the
Development. Maintenance, and Improvement af Housing.
.j>.
I
<.oJ
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8,1 Streamline
Oevelooment
Processioa
8.1.1
Development Fees. The Planning and 8uilding
department shall continue to review
development lees and lacility financing to
assure that they ore 05 cost.effective as
possible. The City will continue to consider
subsidizing or delerring lees lor affordable
units on 0 cose-by.cose basis.
To monitor
development
process lor
streamlining
opportunities and
adhere to the
priorities for
linancial
assistance.
The City 01 Chula Vista has
considered on a cose~by~cose
basis the delerral or subsidy 01
lees for affordable housing
developments. More
specifically, lor a 281 unit
development for seniors and
families, the City has allowed
the ten year delerral 01 Ihe
payment 01 the applicable
Public Facilities Development
Impact Fee ($709,478) and a
waiver of the Park Fee
($355,466) subject to the
Developer dedicating an
additional 1.8 acres of land
lor a lulure community park,
fhe Residential Construdion
Tax ($73,075), and the
Reserve Fund lee ($33,604).
:;::
Continue a case-by~
case review process.
Pago; 32
Chula Vista Housing Element FY 05-06 Annual Progress Report
1999-2004 HOUSING EL.EMENT EVALUATION
Program
B.1.2
Expeditious Project Processing - The Planning
and Building and Community Development
depart men Is will continue to use a team
approach to the application pracessing of
affordable law and moderate-income
residential developments. The Departments will
continue to implement their project manager
system that specifically assigns on Entitlement
Prajecl Manager (project planner) and a
Community Development Prajecl Coardinalor
to shepherd prajecls through the review
process and coordinate post.entitlemenl issues.
Additionally, Ihe Planning and Building
deportment, in consultation with the
Community Development Department, will
assign priority processing of the necessary
entitlements cnd plan checks for such
residential development projects which do not
require extensive engineering or environmental
review. Such affordable housing projects ore
time sensitive due to deadlines established for
the fundi n sources.
..,.
I
(.oJ
01
..) 999"2Q04 ProQress..
The City has employed a team
approach to processing
discretionary approvals and
building permits for affordable
housing developments to meet
established deadlines for
funding sources.
Adions to be ..
.. Taken
The City shall provide
policies that assign
priority processing of
developments with
50% or mare of the
units affordable to law
and moderate-income
households.
Chu.la Vista Housing Element FY 05-06 Annual Progress Report
Page 33
.1999.2004 HqUSI\'lQELEMENT EVALUATION
Program
8.1.3
Evaluating Requests far Assistance. The Cily
shall consider ossisting developers when
necessary 10 enable residential projects to
provide preferable producltype or affardabilily
in excess of the requirements of the City's
Affordable Housing Program. Assistance will
be offered to the extent thai resources and
programs are available and to the exlent that
the residenlial development assisls the City in
achieving its housing gaols. The Community
Development department shall establish
specific procedures for evaluating requests for
subsidies involving fees, land write downs, and
other forms of City assistance. Evaluation of
requests far assistance shall be based on, but
nof limited to, the effectiveness of the
assistance in achieving a preferable product
type and/or the affardability objectives of the
Housing Element, the capability of the
development team, the reasonableness of
development cosls and justification of subsidy
needs, and the extent to which other resources
ore used to leverage the requested assistance.
~
I
(.oJ
en
Priority for financial assislance would be for
those projects that have bolh of the fallowing
The City evaluates raquesls for
subsidies involving fees, land
write downs, and olher forms
of City assistance on a first~
come, firsl.serve basis based
upon the following factors:
Proiect Efficiencv
. Effectiveness of leveraging
City/Agency resourceSi
. Reasonableness of tolal
project costs and
requesled City/Agency
loani
. Effectiveness of financing
plan for development and
long lerm operation of the
project;
. Leveraging of other funds;
. Reasonableness of project
timeline for completion
and achieving full
occupancy, and
demonstrated ability to
meet timelines.
Aclionsto be
Taken.
The City will continue
to utilize a first-come
first-served process.
The City will provide
for review and
monitoring of
development fees 10
ensure they fee are
cost-effective and do
no1 negatively
influence the feasibility
of affordable housing
projects.
Page, 34
Chula Vista Housing Element FY 05-06 Annual Progress Report
.. . . J 999-2004 .HOU5ING ELEMENT EVALUATION,
./>0
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Progf~ITIAc:li~iti~' .,. .
characteristics: 1) 0 substantial number of the
project's units have three bedrooms or more;
and 2) 0 substantial number of the unHs ore
affordable to very law-income households (50
percent of area median income or less).
",>r
"." ,'. ":.~.:
999:2.oQ4 Progl-t!5s'i
,-,""-',.'-'-,"-'-' """."-".
.. ".' .., ....., .
. Readiness (availability of
other financing
commitments and 011
planning approvals); and,
. Rents that are significantly
below market.
Effectiveness in Addressina
Housina Needs:
. Effectiveness in addressing
housing priorities
identified in the
Consolidated Plan and the
Housing Strategy;
. Collaboration with local
community and non-profit
organizations in meeting
needs or providing
services; and,
. Remedies significant
housing quality problems
and supports
neighborhood
reinvestment.
Chu,la Vista Housing Element FY 05-06 Annual Progress Report
Page 35
Prpgrc:JfTI .
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co
. ..
1999-2004 HOUSING. ELEMENT EVALUATION
.....;:
:pr()grc:JfTI ACtivitieS
"'-,'
." ,',....:--......
. .: ":' ::'~ . . . ", i ;:i.-,' . -. .
...1?99c:.!Oq~~,.ogrll$$i
Develooer Cooacitv:
. Development leom's (i.e.
developer and any
consultant previous
experience in developing
affordable housing or
market rote housing;
. Architecl's capacity;
. Management company's
capacity;
. Developer's
organizational capacity;
and.
. Participation with local
non-profit organization.
Desio" and location:
. Design is appropriate for
site and proposed
population, and is
compatible with
surrounding
neighborhood; and
. Location provides ready
access to transportation,
schools, recreational
facilities, healthcare
facilities, grocery stores,
and other shopping
o ortunities.
'iX' A.!:I.. .io.nst().......b.e'.
""c,..': Taka"'"'
Pag~ 36
Chula VIsta Housing Element FY 05-06 Annual Progress Report
."..
I
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CD
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....... Pr~9ram.;
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8.1.4
Flexible Development Slondords - The Planning
and 8uilding department sholl continue to
encourage the use of flexible development
standards thraugh the Planned Community
(PC) Zone and Precise Plan (P) Modifying
Dislricl, where such ore dearly identified with
increased availability of affordable hausing.
.",..
, ",-.-".
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'1 SlSlSl-~004ProgrllSS"
'. :,;, ';: -i: -' _ ::' ~ I __.: "-;' _ '."' .. - -',," - , - . . un ': '-.' -:: _ ,. : '., ;;;, ..
The City will cantinue
to monitor the need
for flexible
development
standards, especially
in the urbanized
areas, where infjll
develapment will
require more creative
site planning.
Chula Vista Housing Element FY 05-06 Annual Progress Report
Priority is also placed upon the
provision of housing for very
low~income households and
large bedroom units.
However, no formal process
has been estoblished.
The majority of affordable
housing units (78%) hove been
built within master planned
communities. An addilionol
117 units hove been built
within urban Chula Vislo and
no Precise Plan modifier was
necessary.
Page 37
b. Assess Effectiveness of Actions and Outcomes
GOAL 1: CONSERVE EXISTING AFFORDABLE HOUSING OPPORTUNITIES
Program 1.1: Preservation of Assisted Housing at Risk of Converting to Market Rate.
Discussion:
The 1999-2004 Housing Element identified the preservation of 32 units in the Meadows
project. This complex converted to market rate in 2000. Although the City was unable to
prevent this project from converting, the City shall revise the current policies and
programs to proactively work with two housing developments at risk of conversion.
Specifically, the City understands more proactive coordination with affordable housing
developers is necessary. Additionally, a resource program for residents of these units
should be considered in the case the units cannot be prevented from conversion. Finally,
the City considers this issue can be better addressed at the front-end of affordable project
development through Affordable Housing Agreements that may allow the City first right
of refusal for the purchase of affordable units converting to market rate.
Program 1.2: Condominium Conversions
Discussion:
Due to the high demand for housing and the need for mare affordable housing
opportunities the City of Chula Vista, the region has seen a significant increase in
condominium conversions. The trend toward increased condo conversions began in
2005, with 432 units converting to condominium ownership. The City views this trend
has an important indicator of the need to balance the needs of all income levels while
providing more homeownership opportunities for all residents. More importantly, the City
sees the loss of low-income rental units as a serious concern. To address this, the City
considers revisions to the Municipal Code Chapter 15.56 that address impacts to local
planning areas, tenant rights and fee provisions for rental conversions as key program
revisions to successfully administer future conversions.
Program 1.3: Single Family and Mobile Home Rehabilitation
Discussion:
The City's CHIP loan/grant program has been provided for an effective means for the
rehabilitation of housing for very low, special needs and senior households. Since 1999,
191 grants and 23 loons have been utilized by local residents. Of the 214 grants, 111
Page 38
Chula Vista Housing Element FY 05-06 Annual Progress Report
4-40
grants involved elderly households and 147 involved mobile homes. Therefore, the
program has been very effective in targeted assistance to the appropriate income levels.
The City would like to see more focused efforts in the specific areas most needed for
rehabilitation activities. Therefore, the City considers the northwest and southwest
planning areas as priority areas for the provision of CHIP resources. Additionally, the
City would like to be more pra-active in the provision of loans and grants through
targeted efforts in the City's mast affected neighborhoods.
Program 1.4: Rehabilitate Deteriorating and Substandard Rental Housing
Discussion:
The objectives of the previous Housing Element included the rehabilitation of 25 very low-
and 95 low-income rental units through the Rental Housing Acquisition and
Rehabilitation Program. Since 1999, 24 units of very low- and 94 units of low-income
have been acquired and/or rehabilitated. The City will continue to make funds available
for affordable housing developers to acquire rental housing that is substandard,
deteriorating, or in danger of being demolished.
Additionally the City Code Enforcement program has been an effective means for
proactively identifying health and safety issues in rental housing. In 2002, the City
restarted its Title 25 Mobile Home Inspection Program. The City's Multi-Family Rental
Inspection Program was restarted in 2003. Since the restarting of these programs, 1,312
units within 233 complexes and 10 mobile home parks with 991 mobile home units have
been inspected. These programs have been effective in rehabilitating the existing rental
housing stock and the City will continue both programs during in the 2005-2010
Housing Element cycle.
Program 1.5: Preservation of Mobile Home Park Living
Discussion:
The City's CHIP program has been an effective means at the preservation of mobile
home park living through the provision of loans and grants for mobile home residents.
Of the 214 CHIP loans/grants provided by the City, 147 were allocated to mobile home
park residents. Additionally, the City's Mobile Home Space Rent Review Ordinance has
been an effective means for protecting the rights of mobile home residents in preserving
affordable housing. In response to recent trends, the City revised Chapter 9.50 of the
Municipal Code to include provisions for the limiting of rent increases, more stringent
code compliance, greater specificity in allowable rate increase provisions, provisions for
"vacancy decontrol", space rents monitoring, and greater clarity in process and
definitions of the Ordinance. As a result of these actions, there were no
Chula Vista Housing Element FY 05-06 Annual Progress Report
Page 39
4-41
mobilehome/trailer parks converted during the 1999-2005 Housing Element planning
period.
The City of Chula Vista will continue to give CHIP grants and loans to mobile home
residents ond will continue to enforce the Mobilehome Space Rent Review Ordinance
during the 2005-2010 Housing Element cycle.
...
GOAL 2: MAINTAIN AND ENHANCE THE QUALITY OF RESIDENTIAL
NEIGHBORHOODS IN CHULA VISTA
Program 2.1: Reinvest in the City's Well-Established Neighborhoods
Discussion:
The City's desire to identify and target two residential neighborhoods for c1ean-up/fix-up
and rehabilitate 25 homes through Christmas in October were key objective in the prior
Housing Element planning period. Through the Neighborhood Revitalization Program,
programs to target low- and moderate-income households have been implemented.
Specifically, the Castle Park Neighborhood Revitalization Area received considerable
funding to improve infrastructure, landscape and property.
For the 1999-2005 Housing Element planning period, approximately $2,000,000 was
expended on the Neighborhood Revitalization Program. During this same period, 35
homes were rehabilitated through the Christmas in October progrom.
In addition to rehabilitation programs, the City's code enforcement function provided
monitoring of neighborhood conditions to provide proactive response to potential
deterioration of neighborhoods. During the 1999-2005 planning period, 12,000
complaints were responded to, 1,312 rental units were inspected and 991 mobile homes
were ins pected.
The City desires to continue the successful implementation of these programs but desires
further integration with the CHIP, Neighborhood Revitalization Program, Capital
Improvement Program, and Code Enforcement to enhance the overall effectiveness of
neighborhood reinvestment.
...
GOAL 3: ENSURE THAT AN ADEQUATE AND DIVERSE HOUSING SUPPLY IS AVAILABLE
TO MEET THE CITY'S EXISTING AND FUTURE NEEDS.
Page 40
Chula Vista Housing Element FY 05-06 Annual Progress Report
4-42
Program 3. J : Affordable Housing Program
Discussion:
The City's objective for the 1999-2005 planning period was to construct 590 lower-
income units, of which 130 units were to be for-sole. Additionally, 470 units for
moderate-income households were to be constructed. Due to the effectiveness of the
City's inclusionary requirements and the consideroble development of master planned
communities in the eastern area of the City, 831 low-income units were constructed in
the eastern orea of Chula Vista. Of these developments, 19 percent were provided as
for-sole units. Additionally 842 moderate-income units were developed.
The City sholl continue the inclusionary policy for projects of 50 units or more providing
ten percent affordable housing to low- and moderate-income households. The recent
trends in housing opportunities in western Chula Vista and.the continued development of
the planned communities in eastern area will continue to provide continual opportunities
for the provision of affordable units citywide.
The City believes considerations should be made to codify the inclusionary policy into an
Ordinance.
Program 3.2: Protection of Coastal Housing
Discussion:
The City has complied with the provIsions of state law relative to the monitor and
reporting of affordable housing units and new construction of replocement housing in the
coostol zone. Since the 1999-2005 plonning period, no demolition or conversion of
housing units has occurred within the coastal zone. The City shall cantinue to monitor
and report on activities in the coastal zone.
Program 3.3: Provide Incentives for Low-income Housing Construction
Discussion:
The City of Chula Vista views incentives as an effective means in providing benefits to the
development community for the provision of affordable housing. To this end, the 1999-
2005 Housing Element cycle sought to establish a Density Bonus Ordinance, provide
relaxed development standards, provide land write-downs, and pursue alternative
funding sources.
Currently, the City has not adopted a Density Bonus Ordinance, but does follow state
guidelines for the provision of density bonuses. All development projects requesting
density bonuses hove been granted through the City's resolution on density bonuses. To
dote, three residential developments have received density bonuses and other incentives.
Chula Vista Housing Element FY 05-06 Annual Progress Report
Page 41
4-43
A total of 249 units were developed under the density bonus provision, of which 77 were
granted as a density bonus. The City wishes to continue pursuing the amendment of Title
9 of the Municipal Code to codify density bonus provisions, consistent with the
requirements of Government Code section 65915 and as amended through SB 1818.
Although the City was unable to adopt this Ordinonce during the last planning period, a
target year of 2007 has been set.
The City has continued to monitor the modification of development standards on a case-
by-case basis. To date, nearly all affordable housing developments have been able to
meet the requirements. Two developments, Villa Serena (132 units) and Brisa del Mar
(106 units) have received modifications to standards, including parking, open space and
landscape buffers. The City believes this approach has been effective and will continue
the evaluation of standards on a case-by-case basis.
The City of Chula Vista has not directly provided land write-downs or land assemblage,
os no request by the development community has occurred during the 1999-2005
planning period. The City believes this policy should be modified in the current Housing
Element to discuss financial assistance by the City, of which land-write downs may be
appropriate. Additionally, the City believes the identification of appropriate housing sites
on City-owned property is 0 mare proactive approach to assist the development
community.
The City of Chula Vista wished to pursue alternative funding sources during the previaus
Housing Element planning period. During this time, several projects received FHLB funds
and the Brisa del Mar project received $2.5 million in Joe Serna Jr. Fanmworker Housing
Funds. Additionally, the City received State funding from the Jobs-Housing Balance
program and Rental Housing Rehab Assistance program. The City believes more
intensive outreach to the development community, through marketing of programs and
providing descriptions of available assistance programs. As port of this housing element
update, the City has included an "implementation tools" section, to provide 0 summary
of local, state, federal and private funding/financing sources to .assist in the development
of affordable housing.
Program 3.4: Pursue Housing Opportunities for Lower Income Households, with AHention
to Those Who Have Special Needs
Discussion:
During the previous Housing Element planning period, the City of Chula Vista sought to
implement this program through the provision of the Section 8 rental assistance
program, Shored Housing Program, second dwelling unit ordinance, relaxed zoning
restrictions to special needs housing, construction of mixed used development, and
redevelopment agency participation in housing construction.
The City of Chula Vista continued to work with the Housing Authority of San Diego. As of
March 2005, 2,492 households in Chula Vista were recipients of Section 8 housing
Page 42
Chula VISta Housing Element FY 05--06 Annual Progress Report
4-44
vouchers. In addition, the Housing Authority operates four public housing developments
in the city, providing 120 units.
The City's Shared Housing Program has been funded through the previous Housing
Element planning period, providing assistance to approximately 102 Chula Vista
residents.
The City adopted a second dwelling unit ordinonce in 2003, allowing for second
dwelling units in the A, R-E, R-1 and P-C zones. Through July of 2004, the City has
approved the construction of 25 second dwelling units.
The City has modified its Zoning Code to allow for senior housing in any zone except the
R-1, R-2, C-V, CoT and Industrial zones. The City also provides discretion in the granting
of exceptions to development standards. Additionally, the City's Inclusionary Housing
policy provides for the development of senior hausing. Under this program, 36 very low-
ond 191 low-income units have been constructed during the previous planning period.
To further encourage the development of affordoble units, the City has aggressively
pursued the development of mixed-use commercial/residential projects. Two affordable
housing developments have been constructed as mixed-use projects comprising of 377
units total. Additionally, the City has modified its land use designations of the General
Plan to allow for two new mixed-use designations; Mixed-Use Residential and Mixed-Use
Transit Focus Area.
To provide additional opportunities for affordable housing development, the City has
provided $10.7 million in HOME and agency set-aside funds to construct and/or
rehabilitate 123 very low- and 807 low-income units. Pursuont to Proposition C, the City
has acquired 11 odditional dwelling units with 67 units remaining to be acquired under
the provisions of this law.
The City of Chula Visto believes the policy direction toward the provision of housing
opportunities in the existing urbanized areas will influence the policies of the Housing
Element through the encouragement of mixed-use development in the Southwest and
Northwest planning areas ond provisions to amend Title 9 of the Municipal Code.
Additionally, amendments to the Municipal Code that allow for the intensification/reuse
of infill sites shall be a policy action of the Housing Element. The City will also consider
increases in the affordable housing requirements in redevelopment areas to further
encourage the development of affordable units.
The trend toward more urbanized, infill development requires the City to reevaluate the
Bolance Communities-Affordable Housing Policy to better reflect its opplication to urban
infill sites.
Chula VISta Housing Element FY 05-06 Annual Progress Report
Page 43
4-45
...
GOAl 4: INCREASE OF HOMEOWNERSHIP OPPORTUNITIES FOR LOW- AND
MODERATE-INCOME HOUSEHOLDS.
Program 4.1: Encourage the Construction of a Variety of Housing Types.
Discussion:
To encourage the construction of a variety of housing types, the City continued to
implement its Affordable Housing Program. Objectives of the previous Housing Element
included assistance of 130 low-income first-time homebuyers and the provision of 25
Mortgage Credit Certificates to low- and moderate-income households.
During the previous planning period, the City assisted in the construction of 162 low-
income units in Eastlake and Rolling Hills Ranch. The City has approved the construction
of 245 units, scheduled for construction in 2006-2007. Additionally, 85 Mortgage Credit
Certificates hove been issued and 48 hove been reissued.
The City believes the Affordable Housing Policy has been extremely effective in the
provision of affordable housing in the City's eastern area. To expand these opportunities
citywide, the City believes more focused policy direction should address the need to
enhance the Affordable Housing Policy as it applies to infill and mixed-use develapme'nt
in the western area of the City.
Program 4.2: Assist Low-Income Households in the Purchase of a Home.
Discussion:
During the previous Housing Element planning period the City sought to assist first-time
homebuyers through direct monetary assistance, homebuyer education/counseling,
issuance of Mortgage Credit Certificates, issuance of mortgage revenue bonds, and
encouragement of sweat-equity projects,
During the previous planning period the City provided $52,000 for down payment and
closing cost assistance through the First-Time Homebuyer Program. Additionally, the City
provided moilers, informational materials at the public counter, and facilitated public
meetings to disseminate the First-Time Homebuyer Program. In 2000, the City held a
Homebuyer's Fair that involved the participation by lenders, realtors, and representative
from the master planned communities.
The City now requires that potential homebuyers in the City's affordable housing units
offend 0 homeowner training program as a condition of their eligibility to purchase the
unit. To date, potential buyers for 102 units hove attended this training, Additionally,
Page 44
Chula Vista Housing Element FY 05-06 Annual Progress Report
4-46
through the previous planning period, 85 mortgage credit certificates hove been issued
and 46 hove been reissued.
Due to the record low interest rates, the City did not see the need to issue mortgage
revenue bonds and sholl consider the revision of this program in the 2005-2010 Housing
Element.
The City allocated $179,300 to repair and rehabilitate homes through the Coring
Neighbors and Christmas in October programs. These programs provide the ability of
homeowners and volunteers to utilize free labor to write down the costs of improving
properties. The City feels these two programs hove been very successful in engage the
community in improving their neighborhoods and will continue the programs in the
current planning period.
Due to the current cost of housing and the difficulty in providing affordable housing units,
the City believes the current policies in the Housing Element should be modified to
consider increasing the increase loan amounts under the First-Time Homebuyer Program.
Additionally, the City would like to consider revisions to the homebuyer program to
require the continuous sole of affordable units versus recapturing of equity only.
...
GOAL 5: ENABLE HOMELESS INDMDUALS AND FAMILIES TO FIND PERMANENT
HOUSING
Program 5.1: Participate in Regional Efforts to Address Homeless Needs.
Discussion:
The City of Chula Vista understands that homelessness is a regional issue that must be
addressed in concert with regional service providers to most effectively provide assistance
to the homeless population. During the previous Housing Element planning period, the
City of Chula Vista sought to support existing regional services for the homeless and
provide local support for regional homelessness efforts throughout the County.
Throughout the previous Housing Element planning period, the City of Chula Vista mode
diligent efforts in participating with regional service providers such os South Bay
Community Services and MAAC. SBCS operates four transitional living programs in
Chula Vista and the City has allocated annual CDBG funding to this service agency to
provide a host of services for the homeless and near homeless. Additionally, $373,000
in HOME funds hove been utilized from 1999-2005 to construct 11 transitional housing
units in the City.
The City of Chula Vista has mode significant efforts to continue its coordination with
regional homelessness issues through participation with the Regional Continuum of Core
Chula Vista Housing Element FY 05-06 Annual Progress Report
Page 45
4-47
Council, Local Emergency Food and Shelter Board, Regional Task Force on
Homelessness, FEMA and the San Diego Hotel/Motel Voucher Program.
The City would like to further expand its policies in addressing regional homeless issues
through the provision of technical assistance, site opportunities, and grants or low-cost
loans to provider agencies.
Program 5.2: Facilitate Local Facilities That Respond to Homeless Needs.
Discussion:
During the previous Housing Element planning period, the City of Chula Vista desired to
facilitate homeless needs through the evaluation and identification of facilities, providers,
ond programs that best address the needs homeless persons in Chula Vista.
The City of Chula Vista has continued its commitment to collaborating with local and
regional organizations such as the Regional Continuum of Care Council, Local
Emergency Food and Shelter Board, the Regional Task for on Homelessness, FEMA, and
the County of San Diego. The City has also provided South Bay Community Services, a
local shelter provider with $87,169 in funds for the support of shelters in Chula Vista.
During the previous planning period, the City of Chula Vista has amended the Municipal
Code to allow provisions for the use of Church facilities has homeless shelters. To date,
one church has requested assistance in the development of a facility for homeless
persons.
In 1999 and 2005, the City provided $373,000 in HOME funds to assist in the
development of an 11 unit transitional housing facility for youth coming out of the
County's Foster Care Program.
The City believes the current policies should be amended to better refled the need of
identifying appropriate sites and assisting provider ogencies in the siting, funding and
financing of core facilities.
...
GOAL 6: ENCOURAGE ENERGY AND WASTE CONSERVATION AS AN INTEGRAL PART
OF HOMES
Program 6.1: Institute Conservation as Part of New Construction
Discussion:
Page 46
Chula Vista Housing Element FY 05--06 Annual Progress Report
4-48
During the previous planning period, the City has continued the application of
conservation practices os 0 component to 011 residential developments. All new
development is required to comply with applicable federal, state and local lows relative to
conservation of energy resources. The City has also provided literature to the
development community describing the importance of energy conservation and the
techniques employed to promote conservation. The City also continues to coordinate
with Son Diego Gas and Electric in regards to energy conservation programs.
To promote the use of reclaimed water, the City of Chula Vista requires the installation of
dual-piping systems in 011 new subdivisions. This requirement has provided significant
contributions to the reduction in water demand for irrigation and other applications. For
larger development projects, the City now requires water conservation and air quality
improvement plans as a standard condition of approval.
The City believes the successful application of conservation practices, as 0 condition of
approval for projects is an effective policy and will be continued through the current
planning period. Additionally, these conservation policies should also be tailored to
target infjll residential projects in addition to the lorge-scaled planned communities.
Program 6.2: Promote Conservation in Existing Homes
Discussion:
To promote conservation of the existing housing stock in Chula Vista, the City has sought
to encouraged weatherization of lower income units and provide funding for
conservation activities.
The City's CHIP program has revised the eligible activities to include weatherization
activities. Although these activities are eligible under the CHIP program, limited
expenditures have been made due to the priority of mitigating health and safety issues.
The City believes the promoting of conservation in existing homes can be best served
through the development of outreach materials related to energy conservation including
descriptions of the benefits, techniques, and incentive programs available. The City
believes existing property owners should be informed of the benefits of energy
conservation, as it provides 0 meons to reduce costs borne by property owners, while
preserving the existing housing stock. The policy revisions to the current Housing Element
reflect a focus toward outreach and education.
Chula VISta Housing Element FY 05..06 Annual Progress Report
Psge47
4-49
...
GOAL 7: PROMOTE EQUAL OPPORTUNl1Y FOR ALL RESIDENTS TO RESIDE IN
HOUSING OF THEIR CHOICE
Program 7.1: Fair Housing Practices
Discussion:
During the previous planning period, the City of Chula Vista set a goal of providing fair
housing assistance to 150 residents through Fair Marketing Plans, City-initiated fair
housing services, counseling/education, and the assessment of fair housing issues.
The City requires affordable housing developments of more than 20 dwelling units to
prepare an affirmative fair marketing plan to attract prospective homebuyers. During the
previous planning period, the City has been very successful in marketing alternative
housing choices and seeks to continue this policy.
The City of Chula Vista has been an active participant with the Fair Housing Council of
Son Diego in hosting and providing additional support for educational activities, outreach
programs and housing referrals. From January 2003 to March 2003, FHCSD assisted
154 Chula Vista residents with fair housing complaints. The City also allocates $39,000
per fiscal year to provide assistance ta Chula Vista residents.
The City believes continued coordination with the Fair Housing Council of San Diego and
provision of yearly funding to fair housing issues should be continued through the 2005-
2010 planning period.
...
GOAL 8: REDUCTION AND/OR REMOVAL TO THE GREATEST EXTENT POSSIBLE OF
INDENTIFIED CONSTRAINTS TO THE DEVELOPMENT, MAINTENANCE AND
IMPROVEMENT OF HOUSING.
Program 8.1: Streamline Development Processing
Discussion:
During the prior planning period, the City of Chula Vista sought to provide a streamlined
development process through development fee waivers, reduced processing timelines,
development subsidies, and the granting of flexible development standards.
Page 48
Chula Vista Housing Element FY 05-06 Annual Progress Report
4-50
The City has considered development fee waivers for a 281-unit senior/family housing
development allowing for a 10-year deferral of development and park fees totaling over
$1 million. The City believes the case-by-case process provides for a flexible method to
apply fee waivers as they apply to a project and enables the City to negotiate based on
project feasibility rather than blanket fee waivers that may not apply to all circumstances.
The City believes this approach has been successful in addressing the needs of the
development community and will continue this during the 2005-2010 planning period.
To provide for expeditious processing, the City has employed a team approach to the
processing of discretionary approvals. To ensure the expeditious processing of
affordable housing projects, the City assigns an entitlement project manager and
community development project coordinator to process housing projects. The City olso
employs a priority system allowing affordable housing developments to take precedent in
the approval process. To further this, the current Housing Element shall provide policies
that assign priority processing of developments with 50 percent or more of the units
affordable to low- and moderate-income households.
To provide development subsidies for projects, the City has developed a first-come first-
served basis and considers the following factors; (1) project efficiency, (2) effectiveness in
addressing housing needs, (3) developer capacity and (4) design and localion. The City
has found this process is successful in prioritizing assistance to affordable housing
developments and will continue to utilize this approach in the 2005-2010 planning
period. As a supplement to this policy, the City will provide for review and monitoring of
development fees to ensure they fee are cost-effective and do not negatively influence the
feasibility of affordoble housing projects.
Flexible development standards are encouraged in the development of affordable
housing. The majority of affordable units (78%) have been developed in the City's
master planned communities, in addition to the 117 units developed in the western,
urbanized area of Chula Vista. Two projects requested and were granted relaxed
development standards, with the remainder able to develop without the need to relax
standards. The City will continue to monitor the need for flexible development
standards, especially in the urbanized areas, where infill development will require more
creative site planning.
Chula Vista Housing Element FY 05-06 Annual Progress Report
Page 49
4-51
C. Progress Toward Mitigating Governmental Constraints Identified in the
Housing Element
The 1999-2004 Housing Element contained a discussion of governmental constraints.
Governmental constraints can limit the operations of the public, private and nonprofit
sectors making it difficult to meet the demand for affordable housing and limiting
supply in the region. Governmental constraints include growth management
measures, land use controls, building codes, processing fees, and site improvement
costs. As discussed in the analysis for Goal 8.1 above, the City of Chulo Vista sought
to provide a streamlined development process through development fee waivers,
reduced processing timelines, development subsidies, and the granting of flexible
development standards. The following summary includes information on octions
taken to mitigate identified constraints.
Procedural
To provide for expeditious processing, the City has employed 0 team approach to the
processing of discretionary approvals. To ensure the expeditious processing of
affordable housing projects, the City assigns an entitlement project manager and
community development project coordinator to process housing projects. The City
also employs a priority system allowing affordoble housing developments to take
precedent in the approval process.
Flexible development standards are encouraged in the development of affordable
housing. Two projects requested and were granted relaxed development stondards,
with the remoinder able to develop without the need to relax standards. The City will
continue ta monitor the need for flexible development standards, especially in the
urbanized areas, where infill development will require more creative site planning.
Financial
The City has considered development fee waivers for a 281-unit senior/family
housing development allowing for a 10-year deferral of development and park fees
totaling over $1 million. The City believes the case-by-case process provides for a
flexible method to opply fee waivers as they apply to a project and enables the City to
negotiate based on project feasibility rather than blanket fee waivers that may not
apply to all circumstances. The City believes this approach has been successful in
addressing the needs of the development community and will continue this during the
2005-2010 planning period.
To provide development subsidies for projects, the City has developed a first-came
first-served basis. The City has found this successful in providing assistance to
affordable housing developments and will continue to utilize this approach in the
2005-2010 planning period.
Page 50
Chula Vista Housing Element FY 05-06 Annual Progress Report
4-52
CITY COUNCIL
AGENDA STATEMENT
.s-'Yf:.. ellY OF
CHUlA VISTA
~
February 6, 2007, Item~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING EXECUTION OF A
COOPERATIVE AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE COUNTY OF SAN DIEGO
REGARDING CONTINUED PARTICIPATION IN THE SAN
DIEGO REGIONAL MORTGAGE CREDIT CERTIFICATE
PROGRAM
ACTING DIRECTOR OF COM~ITY DEVELOPMENT
INTERIM CITY MANAGER rI/
SUBMITTED BY:
REVIEWED BY:
4/STHS VOTE: YES D NO ~
BACKGROUND
The City currently participates in the San Diego County Regional Mortgage Credit
Certificate Program. The County of San Diego is the lead agency and contracts with a
private sector firm to issue Mortgage Credit Certificates (MCCs) to low and moderate
income first time home buyers. The agreement between the City and the County of San
Diego authorizes continued participation in the San Diego County Regional Mortgage
Credit Certificate Program utilizing funding from the California Debt Limit Allocation
Committee (CDLAC).
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines; therefore, pursuant to Section 15060( c )(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Adopt the resolution authorizing the City Manager to execute the Cooperative Agreement
between the City and the County of San Diego regarding the City's continued
participation in the San Diego Regional Mortgage Credit Certificate Program, and future
amendments upon concurrence of the City Attorney.
5/
February 6, 2007, Item~
Page 2 of2
BOARDS/COMMISSION RECOMMENDA nON
Not applicable.
DISCUSSION
The Mortgage Credit Certificate operates as a tax credit. The qualified home buyer
becomes eligible to take a federal income tax credit of twenty percent (20%) of the
annual interest paid on the mortgage, thereby reducing the income taxes and increasing
the buyer's disposable income. Increased buyer income results in increased capacity to
qualify for a mortgage loan.
In the San Diego Regional Mortgage Credit Certificate Program, the County contracts
with an experienced private sector firm to administer the program ("Administrator"). The
"Administrator" educates the lenders and real estate community on the program,
advertises the program and issues the MCCs. Each participating jurisdiction contributes
to the program administration costs in direct proportion to the funds utilized by the
jurisdiction, and also contributes to the share of fees charged by the County for
participation in the MCC Program. In fiscal year 2005-2006, the City paid approximately
$30,000 for its proportionate share of application and administrative costs associated with
the issuance of 64 MCCs in Chula Vista.
DECISION MAKER CONFLICT
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)(l) is not applicable to this decision.
FISCAL IMPACT
The costs for the City's share of the program are budgeted in the Community
Development Department budget. The City's administrative costs are based on the
proportion of tax credits used in the City of Chula Vista. In fiscal year 2005-2006, 64
MCCs were issued at a cost of approximately $30,000.
Prepared by: Jose Dorado, Community Development Specialist II, Community Development Dept.
S..1.
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
/~
t5j.:k"L ,0(1"4 /J/,O
Ann Moor
City Attorney
Dated:
I fd-S /()7
,
Cooperative Agreement between the
County of San Diego and the
City of Chula Vista
S-3
COOPERATIVE AGREEMENT
BETWEEN THE COUNTY OF SAN DIEGO
AND THE CITY OF CHULA VISTA
TillS COOPERATIVE AGREEMENT (the "Agreement") is hereby made and entered into
as of ,20_ by and between the County of San Diego, a legal subdivision and body
corporate and politic of the State of California (the "County"), and the City of Chula Vista (the
"City"), a political subdivision of the State of California.
WITNESSETH
WHEREAS, the County has determined to provide assistance in the financing of homes for
qualified first-time homebuyers in the County and the City with a program to issue mortgage credit
certificates pursuant to Part I and Part 5 of Division 31 of the Health and Safety Code of the State
of California (the "Act"); and
WHEREAS, the County, pursuant to the Act, has established the San Diego Regional
Mortgage Credit Certificate Program (the "Program"), and has determined to cooperate with the
City pursuant to the Act and in the exercise of its powers under the Act for purposes of the
Program; and
WHEREAS, the City has adopted the Program and determined to cooperate with the
County pursuant to the Act in the exercise of their powers under the Act for the purposes of the
Program;
NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the
parties hereto agree as follows:
SECTION 1. The words and phrases of this Cooperative Agreement shall, for all
purposes hereof unless otherwise defined herein, have the same meanings assigned to such words
and phrases in the Act.
SECTION 2. The County and the City agree to collaborate and use their best
efforts in the process of applying to the California Debt Limit Allocation Committee ("CDLAC")
for an annual allocation of mortgage credit certificates ("MCC") for the San Diego Regional
Mortgage Credit Certificate Program.
SECTION 3. The City hereby agrees to cooperate with the County and other
participating cities in the joint exercise of their powers for the purpose of issuing mortgage credit
certificates pursuant to the Act by agreeing that the County shall exercise its powers to issue
mortgage credit certificates under the Program, as more specifically set forth in the Act, with
respect to property located within the geographic boundaries of the City.
..5 L
SECTION 4. The City agrees to undertake such further proceeding or actions as
may be necessary in order to carry out the terms and the intent of this Agreement. The County has
entered into cooperative agreements with other cities within the County, and nothing in this
Agreement shall prevent the County from entering into one or more additional agreements with
other cities within the County.
SECTION 5. This Agreement shall expire and be of no further force and effect
upon termination of the Program. Furthermore, either the City or the County may terminate this
Agreement by giving a 30-day written notice to the other party. The City, however, may elect,
without terminating this Agreement, not to participate in any application by the County for any
future allocation from CDLAC by giving a 30-day written notice.
SECTION 6. By the City's participation in the Program, the City elects to
participate in any application by the county for an allocation of mortgage credit certificates from
California Debt Limit Allocation Committee ("CDLAC"), the City shall agree to proportionately
share, with other participating jurisdictions, the operating costs resulting from the allocation. The
operating costs shall include any performance guarantee deposit required by CDLAC, the
application filing fee and the administrative costs for each applicable allocation. The City agrees to
pay its proportional share (based upon the number of Program participants within their jurisdiction)
of the operating costs to the County, or to the County's contracted Program administrator.
SECTION 7. This Agreement may be amended only by a supplemental agreement
executed by the City and the County at any time, except that no such amendment or supplement
shall be made which shall adversely affect the rights of the owners of any mortgage credit
certificates issued by the County in connection with the Program.
SECTION 8. By entering into this Agreement, the City does not abrogate any of
its legal duties imposed by state law or its Charter or Municipal Code. Any provisions of this
Agreement the terms of which provide for the payment of funds or provide for the services to be
furnished by the parties hereto shall be subject to the availability of funds for such purposes.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and attested by their proper officers thereunto duly authorized and their official seals to be
hereto affixed, all as of the day and year fust above written.
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
By:
Catherine Trout Lichterman, Director
Department of Housing and Community Development
APPROVED AS TO FORM AND LEGALITY
By:
William D. Smith
Senior Deputy, County Counsel
s-E:-
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING EXECUTION OF A
COOPERATIVE AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE COUNTY OF SAN DIEGO
REGARDING PARTICIPATION IN THE SAN DIEGO
REGIONAL MORTGAGE CREDIT CERTIFICATE PROGRAM
WHEREAS, there is a continued need for affordable housing ownership opportunities
within the City of Chula Vista (the "City") and the County of San Diego (the "County") for
qualified first time home buyers; and
WHEREAS, the Tax Reform Act of 1984 established Mortgage Credit Certificates
("MCC") as a means of assisting qualified first time homebuyers with the acquisition of new and
existing single family housing;
WHEREAS, Division 31, Part 1, Chapter 35, Article 4 of the California Health and
Safety Code Sections 50197 et seq (the "Act") authorizes counties, cities, and redevelopment
agencies to create and participate in MCC programs; and
WHEREAS, the County, pursuant to the Act, has established the San Diego County
Regional Mortgage Credit Certificate Program (the "Program"), and has determined to cooperate
with the City pursuant to the Act and in the exercise of its powers under the Act for the purposes
of the Program; and
WHEREAS, the City requests that Mortgage Credit Certificates be available to first-time
homebuyers within the corporate limits of the City when the City participates with the County in
receiving MCC allocation; and
WHEREAS, the County and the City wish to cooperate with one another pursuant to the
Act in the exercise of their powers under the Act for the purpose of the MCC program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the execution of a Cooperative Agreement between the City of
Chula Vista and the County of San Diego regarding participation in the San Diego Regional
Mortgage Credit Certificate Program.
Presented by
Appro~d as to form by
~LAJ,"", ~ff
. oore 0
City Attorney
Ann Hix
Acting Director of Community Development
~-&
CITY COUNCIL
AGENDA STATEMENT
Meeting Date: 2/6/2007 Item IJ
ITEM TITLE:
RESOLUTION AUTHORIZING THE CITY OF CHULA
VISTA'S REPRESENTATIVE ON THE METRO
COMMISSION TO VOTE IN SUPPORT OF OPTIONS THAT
WILL ENABLE THE CITY OF SAN DIEGO TO BEST
ADDRESS THE ISSUE OF SECONDARY WASTEWATER
TREATMENT.
CITY ENGINEER -d2 ~
INTERIM CITY MANAGER JI
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE: YES
NO X
BACKGROUND
On December 12, 2006, by Resolution 2006-374, the City Council authorized the City's
representative on the Metro Commission to vote in support of the strategy for concurrent filing of
a waiver application and initiation of negotiations with the Environmental Protection Agency for a
consent decree to comply with the requirements of the Act. Subsequently, during the two Metro
Commission meetings held on December 14, 2006 and January II, 2007, this issue was
considered and the Participating Agencies voted unanimously to recommend to the City of San
Diego that the process to obtain another waiver enabling continued operation of the Point Lorna
Wastewater Treatment Plant as an Advanced Primary Treatment Facility be initiated. However,
the Commission members were unable to reach consensus on whether the City of San Diego should
also initiate negotiations with the EP A on a Consent Decree. Since the Council had initially
approved a resolution supporting specifically these two combined actions, staff wanted the
Council to be updated on the latest developments. Given the fluidity and complexity of this
situation, staff recommends that Council approve a resolution authorizing the City's representative
to vote in support of options that will enable the City of San Diego to best address the issue of
secondary wastewater treatment.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because the agreement
does not authorize any activity that will result in a physical change to the environment; therefore,
6-1
Page 2, Item &,
Meeting Date 2/6/2007
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to
CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
That City Council approve the Resolution authorizing the City of Chula Vista's representative on
the Metro Commission to vote in support of options that will enable the City of San Diego to best
address the issue of secondary wastewater treatment.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On December 14, 2006 the Metro Wastewater Commission/JPA considered the issue of the
environmental permitting for the Point Lorna Wastewater Treatment Plant (PLWWTP). The
Commission took input from members of the environmental community and other stakeholders
and unanimously supported the recommendation that the City of San Diego initiate the process to
obtain a new waiver from the Environmental Protection Agency (EP A) that will enable them to
continue to operate the PL WWTP as an advanced primary treatment facility. However, the
Commission was unable to reach consensus on whether to recommend that the City of San Diego
also take the following additional actions:
1. Continue the enhanced ocean monitoring program as recommended by Scripps Institution
of Oceanography;
2. Continue with the technical studies being conducted to optImIze Biological Aerated
Filtration (BAF) technology and other emerging technologies which may reduce the cost
associated with converting the PLWWTP to a secondary treatment facility;
3. Consider the use of the state and federal environmental review processes under CEQA
(EIR) and NEP A (EIS) to determine whether environmental impacts to expand the
PL WWTP would exceed harm caused by continuing to operate PL WWTP as an advanced
primary treatment facility, and using those findings to drive future decisions regarding the
permitting of the plant and
4. Initiation of negotiations with the EP A on a consent decree, which will clearly state
milestones and a timeline to implement secondary treatment at the PLWWTP.
Subsequently, at the January 11,2007, meeting, the Metro Commission/JPA considered this issue
again and was still unable to reach consensus. Consequently, the vote on this issue was re-
scheduled for the February 8, 2007 meeting. In the interim, the Commission agreed to draft and
send a letter to the City of San Diego encouraging initiation of the waiver application. The letter
will also outline other recommendations as will be determined at the February Metro Commission
meeting.
The issues still being discussed are outlined below:
6-2
Page 3, Item L.>
Meeting Date 2/6/2007
1. Enhanced Ocean Monitoring Program: As a result of an agreement between the City of San
Diego and the Bay Council concerning the last waiver renewal, Scripps Institution of
Oceanography (SIO) was asked to conduct a review of the PLWWTP ocean monitoring
program. The review resulted in recommendations for enhancements to the program. Although
not a. condition of the agreement, the City of San Diego, in consultation with the Metro
Commission/JP A, has been voluntarily implementing the recommendations presented in the
study. Whereas the City has already implemented many of the recommendations, in addition
to the required regulatory monitoring requirements, the following additional ocean monitoring
and related activities from the SIO study may also be voluntarily implemented during the next
five year waiver period:
. Deep ocean site characterization activities, phase II;
. Sediment budget and transport studies;
. Wastewater plume transport and dispersion studies;
. Rapid micro-biological development study participation;
. Completion of Endocrine Disrupting Compound assessment;
. Final integration of Point Lorna Ocean Outfall and South Bay Ocean Outfall ocean
monitoring programs into a regional program to insure linkage oflittoral cells and to
account for regional input sources; and
· Bio-markerlbio-indicator and sensitive fingerprinting technique assessment evaluation.
Continuation of this enhanced program provides useful data that continues to support the
observation that Point Lorna's advanced primary treatment discharge does not adversely impact
the ocean.
2. Optimization of BAF and Other Emerging Technologies: Also a condition of the agreement
with the Bay Council, Biological Aerated Filtration (BAF) was initially pilot tested at
PLWWTP. The goal was to investigate the viability of this technology and its operational
intricacies, and to ascertain if the PLWWTP effluent treated with BAF technology could meet
the EP A requirements for secondary treatment. The pilot test was a success in achieving these
goals. However, the test did not address optimizing the BAF technology regarding
implementation and operation costs at PLWWTP, and it did not consider other emerging and
innovative technologies. Prudent facilities planning would address these issues of optimizing
new and innovative treatment technologies with the processes in place at PLWWTP in the
event secondary treatment becomes necessary. Current estimates for the capital cost of
implementation of this technology vary between $700 million to $1 billion. If the City of San
Diego is allowed additional time to optimize the implementation of this technology, there is a
possibility that the cost of implementation may be reduced to approximately $500 million.
3. Environmental Impact Analvsis: Environmental impacts related to acquiring additional land
adjacent to the PLWWTP, constructing new treatment technologies, such as BAF, and the
associated on-going impacts are not known at this time. Conducting both federal and state
environmental analysis on possible impacts will provide a comparison of the environmental
impacts among possible expansion alternatives with current operations, and also include the
6-3
Page 4, Item (p
Meeting Date 2/6/2007
estimated costs of the possible alternatives. Completing these studies will allow the public an
opportunity to review and comment on the alternatives and provide additional information
when determining which alternative(s) to pursue regarding the operation of the PLWWTP.
Hence the reason for considering the use of the ErR or EIS process in quantifying the impacts
associated with either continuing to operate the plant under the current waiver or pursuing an
upgrade.
4. EP A Consent Decree Negotiations: There are some participants who feel that the conversion
of the PL WWTP to a secondary treatment facility is becoming almost inevitable. Those
participants feel that the Metro Commission/JP A, in consultation with the City of San Diego,
should begin working on establishing the criteria to be included in a possible consent decree
with the EP A. In anticipation of a consent decree, the Metro Commission/JP A may want to
identifY specific trigger points including, but not limited to:
. A timeline to study, test, select and implement an acceptable technology;
. Cost and economic criteria and/or limits; and
. Interim activities to enhance ocean quality.
CONCLUSION
This issue is scheduled to be discussed by the Participating Agencies at the next regular Metro
Commission/JPA meeting scheduled for February 8, 2007. At that meeting all the representatives
of the various participating agencies are scheduled to vote on a wide range of issues related to
secondary treatment. The outcome of that vote will determine the contents of the letter that will be
sent from the Metro Commission to the City of San Diego. Staff is recommending that the Council
authorize the City's representative to vote in support of options that will enable the City of San
Diego to best address the issue of secondary wastewater treatment.
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 l8704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT: None directly related to this action.
Prepared by: Anthony Chukwudolue, Sr. Civil Engineer, Engineering Department
J: IEngineerlAGEND A \CAS2007\02-13-07\ V ote- MetroCommission.lp. doc
6-4
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE
CITY OF CHULA VISTA'S REPRESENTATIVE
ON THE METRO COMMISSION TO VOTE IN
SUPPORT OF OPTIONS THAT WILL ENABLE
THE CITY OF SAN DIEGO TO BEST ADDRESS
THE ISSUE OF SECONDARY WASTEWATER
TREATMENT.
WHEREAS, City of Chula Vista's sewage is transported to the City of San
Diego's [San Diego] Metropolitan Wastewater System, which serves the majority of
jurisdictions in the San Diego regIOn, and ultimately ends up at the Point Lorna
Wastewater Treatment Plant; and
WHEREAS, at the Treatment Plant, the wastewater is treated to an "advanced
primary treatment" level before it is discharged into the ocean; and
WHEREAS, because there is general agreement that the advanced primary treated
water is not negatively impacting the ocean and marine environment, San Diego has
received a waiver from the Environmental Protection Agency [EPA] to the requirement
to provide secondary treatment of wastewater as mandated by the Clean Water Act
[CWA]; and
WHEREAS, San Diego may have to transition to secondary treatment in the
future; and
WHEREAS, San Diego was considering concurrently initiating an application to
renew the waiver and beginning negotiations with the EPA for an agreement, or consent
decree, to comply with the requirements of CW A; and
WHEREAS, the Metro Commission was created in 1997 as part of an agreement
with San Diego to give participating agencies, including the City ofChula Vista, a means
of providing input on discussions related to the operation and maintenance of the
Metropolitan Wastewater System; and
WHEREAS, on December 12, 2006, pursuant to Resolution No. 2006-374, the
Council authorized Chula Vista's representative on the Metro Commission to vote in
support of the strategy for concurrent initiation of an application to renew the waiver and
to begin negotiations with EPA for an agreement, or consent decree, to comply with the
requirements of CW A; and
WHEREAS, at meetings of the Metro Commission on December 14, 2006 and
January 11, 2007, the members of the Commission voted unanimously to encourage San
Diego to initiate the process to renew the waiver but were unable to reach a consensus on
other issues regarding the secondari treatment of wastewater; and
6-5
WHEREAS, staff seeks City Council's authorization for Chula Vista's
representative on the Metro Commission to vote in support of options that will enable the
City of San Diego to best address the issue of secondary wastewater treatment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
that it authorizes the City of Chula Vista's representative on the Metro Commission to
vote in support of options that will enable the City of San Diego to best address the issue
of secondary wastewater treatment.
Presented by
Approved as to form by
Scott Tulloch
Director of Engineering
~~
Ann Moore
City Attorney
',1~" '
"
'~/l/V. ,
H:\ENGINEER\RESOS\Resosl007\02-06-07\Pllinl Lom::l Treatment Plant Metro Commission vote- ec,doc
6-6
CITY COUNCIL
AGENDA STATEMENT
~f:. CITY OF
~H~ CHUlA VISTA
02/06/2007
Item "7f
ITEM TITLE:
RESOLUTION ACCEPTING CALIFORNIA
STATE FUNDS UNDER THE SAFE ROUTE TO SCHOOL
PROGRAM IN THE AMOUNT OF $288,800 FOR THE
"HARBORSIDE ELEMENTARY SCHOOL TRAFFIC
CALMING" PROJECT.
RESOLUTION ESTABLISHING A NEW
CAPITAL IMPROVEMENT PROJECT "HARBORSIDE
ELEMENTARY SCHOOL TRAFFIC CALMING" (TF-347)
AND APPROPRIATING THE FUNDS THEREFORE.
SUBMITTED BY:
REVIEWED BY:
CITY ENGINEER P ;'0-< ~A: 5/
INTERIM CITY MANAGER f/I
4/5THS VOTE: YES X NO
BACKGROUND
On June 14,2005, the City Council authorized the filing of a grant application to the Safe
Routes to School Program for funds to improve pedestrian facilities adjacent to
Harborside Elementary School. City staff has been notified that our grant application has
been approved. As a result, staff recommends that the City Council accept the grant
program funds and authorize the appropriation of funds to a new CIP, "Harborside
Elementary Traffic Calming" (TF-347). This project will install raised medians, flashing
beacons, and other improvements to enhance pedestrian safety adjacent to Harborside
Elementary.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the project qualifies for a Class 1 categorical exemption pursuant to Section 153301
(Existing Facility) of the State CEQA Guidelines because it involves installation of
various traffic calming devices (crosswalk striping, speed signs, etc.) within an existing
street. Thus, no further environmental review is necessary.
7-1
RECOMMENDATION: That Council adopt the Resolutions:
. Accepting California State Funds under the Safe Routes to School Program in the
amount of $288,800 for the "Harborside Elementary School Traffic Calming"
Project and accepting the revenue to the State Grant Fund.
02/06/2007, Item~
Page 2 of3
. Approving the establishment of a new CIP, "Harborside Elementary School
Traffic Calming" (TF-347) and appropriating $298,800 within the State Grant
Fund and $40,000 from the available balance of the Traffic Signal Fund.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On July 28, 2006, the City was notified that it, along with 114 other applicants, had been
awarded a grant from the Safe Route to School (SRZS) Program, funded through
CalTrans. Over 370 projects had been submitted to the SRZS Program. Chula Vista's
project is located near the intersection of Colorado Avenue and Naples Street, east of
Industrial Boulevard, in front of Harborside Elementary School. Funding for this project
is included in the 05/06 Fiscal Year SRZS Program Plan and, in order to receive the grant
funds, the City must award the construction contract by September 30,2007.
The scope of work in the grant application focuses on improving the pedestrian school
route to Harborside Elementary by enhancing the mid-block crosswalk on Naples Street
directly in front of the school with curb bulb-outs, in-roadway crosswalk lights, enhanced
signage, additional pavement legends, and flashing beacons warning drivers of the
crosswalk. The west side of Colorado Avenue was to receive 450 feet of new sidewalk
and pedestrian ramps at the Naples Street intersection. In addition, a radar feedback
speed limit sign along Naples Street near the school was to be installed to raise the
awareness of truckers and other motorists regarding the posted speed limit. The
pedestrian path at the trolley crossing was to be upgraded as well with trolley warning
signage and limit lines.
After the grant application was submitted, the property on the northwest corner of
Colorado and Naples was redeveloped. As part of the redevelopment of the site, the
developer, Health Advances, installed most of the missing curb, gutter, sidewalk, and
pedestrian ramps, included in the grant application. These improvements were executed
in accordance with Council Policy 563-02 "On Site Improvement Activity to Trigger
Installation of Public Improvements." Also, after submittal of the grant application and
per Council direction, staff installed some improvements that included solar powered
flashing beacons and signage in front of the school. These improvements were funded
through a $50,000 development requirement imposed upon the KIMCO/Costco
development at the intersection of Naples Street and Broadway Avenue.
KIMCO/Costco, as a condition of permit approval, provided the funds in order to
mitigate potential traffic impacts near the school. The same funds were originally
planned to provide the $50,000 match the City committed to in the grant application. The
remaining amount ($10,000) will be applied towards the required grant match.
Additionally required matching funds ($40,000) will be provided from the Traffic Signal
Fund.
7-2
02/0612007, Item2
Page 3 of3
Staffrecommends accepting the award of the grant and appropriating funding as detailed
in the Fiscal Impact section of this report and moving forward with the design of the
remaining improvements discussed in the grant application. City staff has contacted
CalTrans staff to explain some of the improvements have already been installed. While
CalTrans has indicated that work already completed cannot be reimbursed from this grant
award, they have indicated that other similar improvements can be considered for a
modified project scope so that the full amount of grant funds can be expended. Staff will
report back to Council once the design is complete and a construction contract is ready
for award.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings within 500 feet of the boundaries of the property that is the subject of this
action.
FISCAL IMPACT
The grant application included a cost estimate for the project totaling $338,800. As
described above, some of the improvements in this cost estimate have already been
installed. During the design process, staff will work with Caltrans to apply the full grant
award to further improve the pedestrian facilities adj acent to Harborside Elementary.
This grant program requires a $50,000 funding match. Assuming we utilize the full grant
amount, the fiscal impact will be as follows:
~~
Ii Traffic Signal Fee Fund: Account Nwnber 22500 $40,000 ~
H '
I (A portion of the City's obligation-cost share)
'. Developer's Deposit; Account Nwnber DEI952 (KIMCOICostco '1'
Ii remaining funds)
I
:1 TOTAL FUNDS AVAILABLE FOR THE PROJECT
~~""""""",--,--"""=--=-..""",---,,,
$10,000 ;
J-- $338,800 I
ATTACHMENTS
1. Area Plat
2. Program Supplement No. C43
3. Resolution 2005-194
4. Cost Estimate
Prepared by: Jim Newton, Senior Civil Engineer, Engineering Department
J: \EngineerIA GENDA \CAS2007\02/06/2007\TF34 7 Agenda
7-3
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ASPHALT TREATMENT
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EXISTING POWER POLE
EXISTING CURB LINE
EXISTING RIGHT OF WAY LINE
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ENGINEERING DEPARTMENT
I
[)towing No.
00000-00
w.o. No. Tf 347
ATTACHMENT 2
Date:August 04,2006
Location: Il-SD-O-CHV
Proj ect Number: SR2SL-5203(023)
E.A. Number:11-956438
Locode : 5203
This PROGRAM SUPPLEMENT, effective '6 fLI /IY.D, hereby incorporates into the Administering Agency - State Agreement No.
000203 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an
effective date of 07/25/03 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in
accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. I q (J,c, 0 approved by the
ADMINISTERING AGENCY on (p -Il-'\l (See copy attached).
PROGRAM SUPPLEMENT NO. C43
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO. 000203
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from
sources noted below encumbered to this project, it accepts and will comply with the Special Covenants and Remarks set forth on the
following pages.
PROJECT LOCATION:
Naples 8t at Colorado Ave. near Interstate 5
TYPE OF WORK: enhance crosswalk, installing missing pedestrian facilities and calming veh
Estimated Cost State Funds Matching Funds
STATE $288,800.00 LOCAL OTHER
$338,800.00 $50,000.00 $0.00 $0.00
CITY OF CHULA VISTA
By
~~
1'Z.../IQ/06
STATE OF CALIFORNIA
Depar~t \f_:~ansportation.
~ By 'fL/ ,.--:.A-_ -L.:.d
~hief, Office of Project Implementation
. Division of Local Assistance
~
J.......
Date
'1 ,VOC'7
I
Date
Title
C...IT7 ~.2,..,~
Chapter
udgeted funds are available for this encumbrance:
I hereby certify upon my
Accounting Officer
Date
~~D1-00
$288,800.00
Item
Program
Fund Source
AMOUNT
38
2005
2660-102-042 2005-2006
20.30.010.535
C
262040
042-T
288,800.00
Program Supplement OQ-0203-C43- SERIAL
Page 1 of 5
7-5
ll-SD-O-CHV
08/04/2006
SR2SL-5203(023)
SPECIAL COVENANTS OR REMARKS
1. The ADMINISTERING AGENCY will reimburse the STATE for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the STATE.
2. All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and
the encumbrance of funds under this Agreement. Funding and
reimbursement are available only upon the passage of the State
Budget Act containing these STATE funds.
3. 1. This Program Supplement Agreement (PSA) is intended for Safe
Route to School (SR2S) Program funded with State-only funding.
Separate agreements are needed if PROJECT is also funded with any
other STATE administered State or Federal funds.
2. The PROJECT will be administered in accordance with the SR2S
Program Guidelines (LPP 02-01 effective March 11, 2002), as
approved and amended, and the PROJECT Application.
3. This PSA allows reimbursement of eligible PROJECT
expenditures to the ADMINISTERING AGENCY for which State funds
are allocated. The effective State allocation date establishes
eligibility for the ADMINISTERING AGENCY to start reimbursable
work and seek reimbursement of funds. Any work done prior to the
effective allocation date is not eligible for reimbursement from
the SR2S funds.
4. The' STATE and ADMINISTERING AGENCY agree that SR2S funds
available for reimbursement to the ADMINISTERING AGENCY by the
STATE will be limited to the amount allocated and encumbered by
the STATE. Any additional funds made available by future
allocations will be encumbered on this PROJECT by use of a STATE
approved Allocation Letter and Finance Letter.
5. The ADMINISTERING AGENCY agrees to submit to the STATE,
Exhibit 24-B "Project Status Report" as required by the SR2S
Program Guidelines.
6. The ADMINISTERING AGENCY agrees to encumber the funds under
agreement and award the construction contract by June 30th of the
fiscal year in which funds are programmed. For projects unable to
meet this deadline, the ADMINISTERING AGENCY may request, in
Program SupplementOO-0203.C43- SERIAL
Page .2 of 5
7-6
ll-SD-O-CHV
08/04/2006
SR2SL-5203(023)
SPECIAL COVENANTS OR REMARKS
writing, a time extension from the District Local Assistance
Engineer (DLAE). A one-time extension, for a maximum period of
one year, may be granted by the DLAE. Projects unable to meet
the new deadline may be dropped from the program.
7. The ADMINISTERING AGENCY agrees to provide contract award
information to the STATE when submitting first invoice for this
PROJECT. Attachment I of this PSA may be used for providing the
necessary contract award information.
8. The ADMINISTERING AGENCY agrees to submit the "Report of
Expenditures" to the DLAE within six (6) months after the project
completion in accordance with Section 17.5 of the Local
Assistance Procedures Manual (LAPM).
9. The ADMINISTERING AGENCY agrees to follow all relevant State
laws and requirements including the ,California Environmental ,
Quality Act (CEQA).
4. Any State and Federal funds that may have been 'encumbered for
this project are only available for disbursement for a period of
five (5) years and seven (7) years, respectively, from the, start
of the fiscal year(s) that those funds were appropriated within
the State Budget Act. All project funds not liquidated within
these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested and is approved by
the California Department of Finance per Government Code Section
16304. The exact date of each fund reversion will be reflected
in the approved finance letter(s) issued for this project.
Notwithstanding the unliquidated sums of project specific State
and Federal funding remaining and available to fund project work,
any invoice for reimbursement that is not submitted to the
Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's
encumbered funds because all of these unexpended funds will be
irrevocably reverted by the Department's Division of Accounting
on that date.
Pursuant to a directive from the State Controller's Office and
Program SupplementOQ-0203-C43- SERIAL
Page 3 of 5
7-7
ll-SD-O-CHV
08/04/2006
SR2SL-5203(023)
SPECIAL COVENANTS OR REMARKS
the Department of Finance, the last date to submit invoices for
reimbursed work in each fiscal year is May 15th in order for
payment to be made out of those then current appropriations.
Project work performed and invoiced after May 15th will be
reimbursed only out of available funding that might be encumbered
in the subsequent fiscal year, and then only when those funds are
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department's Accounting Office.
5. Billing Cycle
ADMINISTERING AGENCY agrees to submit invoices in arrears for
reimbursement of participating PROJECT costs at least once every
six months commencing after the funds are encumbered for each
phase by the execution of this PROJECT PROGRAM SUPPLEMENT or by
STATE's future approval of an applicable Finance Letter. The
total of all invoiced amounts claimed, plus any required matching
funds, must not exceed the actual total cost allowable under .this.
PROGRAM SUPPLEMENT for all authorized and completed PROJECT
engineering work, right of way acquisition, and construction.
If no costs have been invoiced for a six-month period,
ADMINISTERING AGENCY shall submit a written explanation (with
target billing date and target billing amount) of the absence of
PROJECT activity.
Should ADMINSTERING AGENCY fail to invoice for participating
PROJECT costs incurred (including a written explanation when no
invoice is submitted) within one year of the issuance of the
PROJECT authorization to proceed by STATE or from the next
invoice due date following the last PROJECT invoice, STATE may
de-obligate and reassign to another party any unexpended Federal
funds without notice to ADMINSTERING AGENCY. STATE may also not
process any future request for authorization to proceed submitted
by the ADMINSTERING AGENCY.
Final Billing
ADMINISTERING AGENCY agrees that it shall submit the Final
Invoice and Final Detail Estimate within 180 days of PROJECT
completion. ADMINISTERING AGENCY's failure to submit these
Program SupplementOO-0203-C43- SER~
Page 4 of 5
7-8
ll-SD-O-CHV
08/04/2006
SR2SL-5203(023)
SPECIAL COVENANTS OR REMARKS
documents will result in sanctions imposed upon ADMINISTERING
AGENCY by STATE in accordance with Chapter 17.6, "Consequences
For Non-Compliance", of the Local Assistance Procedures Manual.
De-obligate Federal Funds for Construction Phase
ADMINISTERING AGENCY agrees that if the estimated PROJECT
construction cost is less than the obligated amount for
construction by more than $50,000, that excess amount of federal
funds initially obligated is subject to de-obligation by STATE
once the project has been awarded by ADMINSTERING AGENCY.
Program SupplementOO-0203-C43- SERIAL
Page 5 of 5
7-9
---' ~......" ,
RESOLUTION NO. 19290
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE OESIGNATION OFTHE DEPUTY PUBLIC
WORKS DIRECTOR/CITY ENGINEER AS THE POSITION
AUTHORIZED TO EXECUTE. FOR AND IN BEHALF OF THE CITY
OF CHULA VISTA ALL "PROGRAM SUPPLEMENT"
AGREEMENTS AND RELATED DOCUMENTS. APPLICATIONS
AND REQUESTS FOR REIMBURSEMENTS FOR THE PURPOSE OF
OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE IN
ACCORDANCE WITH THE ADMINISTERING AGENCY - STATE
MASTER AGREEMENT FOR FEDERAL AID PROJECTS NO. 11-
5203
WHEREAS. on June 17. 1997. the Chula Vista City Council approved the Administering
Agency-State Master Agreement for Federal Aid Projects No. 11-5203: and
WHEREAS. the Master Agreement provides the basis for all the transactions required
through the State before Federal Aid funds can be released to the City; and
WHEREAS. this resolution will authorize the Deputy Public Works Director/City Engineer
to execute for and in behalf of the City of Chula Vista all "Program Supplement'; agreements
and related documents. applications and requests for reimbursement for the purpose of
obtaining certain federal financial assistance in accordance with said Master Agreement for
Federal Aid Projects.
NOW. THEREFORE. BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the designation of the Deputy Public Works Director/City Engineer as the
position authorized to execute for and in behalf of the City of Chula Vista all "Program
Supplement" agreements and related documents. applications and requests for reimbursement
for the purpose of obtaining certain lederal financial assistance in accordance with the
Administering Agency-State Master Agreement for Federal Aid Projects No. 11-5203.
Presented by
Approved as to form by
.'
~MhIJ{,aJ!-Y'/)
..,f'?JOhn.{' Lippitt -
/ Publrc Works Director
------- ~~o
.r61:rh M. Kaheny
, /
/ity Attorney
/-1U
.-
Resolution 19290
Page 2
PASSED. APPROVED. and ADOPTED by the City Council of the City of Chula Vista.
California. this 8'" day of December. 1998. by the following vote:
AYES:
Councilmembers:
Davis. Moot. Padilla. Salas and Horton
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ABSTAIN:
CouAcilmem-bers:
None
JU.a ~~t~' ~Z~
Shirley Horto . Mayor
ATTEST:
~c (2~
Bel79rly.. A. l'I.uthelet. City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I. Beverly A. Authelet. City Clerk of Chula Vista. California. do hereby certify that the
foregoing Resolution No. 19290 was duly passed. approved. and adopted by the City Council
at a regular meeting of the Chula Vista CitY Council held on the 8'" day of December, 1998.
Executed this 8'" day of December. 1998.
~ a !2~~
Beverly A. uthelet, City Clerk
7-11
ATTACHMENT 3
RESOLUTION NO. 2005-194
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FILING OF A GRANT
APPLICATION TO THE SAFE ROUTES TO SCHOOL
PROGRAM FOR FUNDS TO IMPROVE PEDESTRIAN
FACILITIES AT HARBORSIDE ELEMENTARY SCHOOL;
AND CERTIFYING THE COMMITMENT OF MATCHING
FUNDS
WHEREAS, the Safe Route to School (SRlS) Program is a federal program that resulted
from the passage and signing of Assembly Bill (AB)1475; and
WHEREAS, the California Department of Transportation (CalTrans) establishes and
administers the Program and has been directed to "use federal transportation funds for
construction of bicycle and pedestrian safety and traffic calming projects;'; and
.-.
'., .
WHEREAS, current regulations require that official applications be submitted in order
for projects to be considered for funding; and
WHEREAS, projects are chosen and then approved for funding after the applications
have been evaluated and assigned a priority by CalTrans; and
WHEREAS, there are high volumes of pedestrian students, parents, and vehicles during
peak school hours on the streets serving Harborside Elementary School; and
WHEREAS. trucks and other vehicular traffic from the adjacent Costco/WalMart
commercial property and other businesses in the area routinely pass the school on Naples Street
in order to access the shortest route to Interstate 5; and
WHEREAS, available pedestrian facilities along Colorado A venue and Naples Street are
limited or non-existent, including an unprotected mid-block crosswalk, parent drop-off area. and
trolley crossing; and
WHEREAS, the proposed project will improve the school route to Harborside
Elementary by adding or upgrading pedestrian facilities in the area as well as providing signage,
warning lights, and vehicle speed feedback signs to alert motorists; and
WHEREAS. City staff recommends applying for project funding from the Safe Routes to
School Grant Program to help meet project expenses; and
WHEREAS, the City has on hand $50.000 required of Costco as a condition of permit
approval to help mitigate anticipated traffic impacts near the school; and
7-12
Resolution No. 2005-194
Page 2
WHEREAS, grant requirements include Council certification that these funds are
available to be used as a grant match and are committed for the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby:
I. Approve the filing of an application for local assistance funds from the Safe
Routes to School Program for the Harborside Elementary School Pedestrian Facilities Project;
and
2. Certify that the City has available, prior to commencement of any work on the
projects, the $50,000 match.
Presented by
Approved as to form by
~.d;~~___
Sohaib Al-Agha
City Engineer
~~~~(-t\~
Ann Moore '
City Attorney
7-13
Resolution No. 2005-194
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 14th day of June, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
8~illa~~ .
ATTEST:
- _~JAAt\.l ~1 ~~
Susan Bigelow, MMC, City CI
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2005-194 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 14th day of June, 2005.
Executed this 14th day of June, 2005.
--=, "J..J
....,. ~_U w..... l~~ Y
Susan Bigelow, MMC, City Clerk
7-14
CITY OF CHULA VISTA
ENGINEERING DEPARTMENT \ TRAFFIC
COST ESTIMATE
ATTACHMENT 4
PROJECT TITLE:
HARBORSIDE ELEMENTARY SCHOOL TRAFFIC CALMING SRZSL-5Z03 (OZ3)
NAPLES STREET BETWEEN WOODLAWN AVE AND INDUSTRIAL BLVD
~ - ... ...._"___". "0. _. ~""_"'___""__".'__"
PROJECT NUMBER:
DATE:
PREPARED BY:
CHECKED BY:
TF-347
JANUARY 10, Z007
MARl MALONG
JAMES NEWTON
ASPHALT CONCRETE PAVEMENT &
THICK) 100 TONS' $115.00 $11,500.00
2 CRUSHED AGGREGATE BASE 100 TONS $50.00 $5,000.00
31 REMOVAL AND DISPOSAL OF EXISTING IMPROVEMENTS I LS $5,000.00 $5,000.00
STRIPING-M ISCELLANEOUS I LS $5,000.00 $5,000.00
s'TRAFFIC CONTROL 1 LS $3,000.00 $3,00000
6 Z" PVC CONDUIT ZOO LF $30.00 $6,000.00
7 # 5 PULL Box 3 EACH $400.00 $1,20000
8 METER PEDESTAL I EACH i $10,000.00 $10,000.00
9 SIGNS 10 EACH $500.00 $5,000.00
10 BREAKAWAY POSTS Z EACH $ZOO.OO $400.00
11 Z3-4-80-35-00 SIGNAL STANDARD ON NEW FOUNDATION 1 LS $15,000.00 $15,000.00
121 FLASHING BEACONS 2' EACH $1,000.00 $2,000 00
131 PEDESTRIAN PUSH BUTTON Z' EACH $500.00 $1,000 00
14' CONCRETE ASPHALT CROSSWALK TREATED 400 SF $30.00 $12,000.00
15 CROSSWALK LIGHTING SYSTEM I LS $40,000.00 ' $40,000.00
16 PIN-ON CURB AND RAISED MEDIAN 164 SF $60.00 $9,840.00
17 STRIPING IN PAINT 700 LF $4.00 $2,800 00
18 STRIPING IN THERMOPLASTIC 80 LF $5.00 $400.00
19 PAVEMENT LEGEND Z EACH $300.00 $600.00
20 RADAR FEEDBACK SPEED SIGN 1 EACH $IZ,OOO.OO $12,000.00
21, IA SIGNAL STANDARD ON NEW FOUNDATION I EACH $Z,OOO.OO $2,000.00
i PROTECTION AND RESTORATION OF EXISTING
22 IMPROVEMENTS LS $4,000.00
23 OTHER IMPROVEMENT LS $75,651.00
229,391.00
338,799.65
NOTES:
(-15
TF347WRK-PlN-COSTEST
01/10/2007
RESOLUTION NO.
RESOLUTION ACCEPTING CALIFORNIA
STATE FUNDS UNDER THE SAFE ROUTES TO SCHOOL
PROGRAM IN THE AMOUNT OF $288,800 FOR THE
"HARBORS IDE ELEMENTARY SCHOOL TRAFFIC
CALMING" PROJECT.
WHEREAS, the California Department of Transportation (CaITrans) establishes and
administers the Safe Routes to School (SR2S) Program to fund the constntction of bicycle and
pedestrian safety and traffic calming projects; and
WHEREAS, the City of Chula Vista applied for grant fi.mding through the SR2S program
to improve pedestrian facilities adjacent to Harborside Elementary School; and
WHEREAS, the City of Chula Vista received word on July 28, 2006, that our grant
application had been approved;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chuta
Vista accepts California State Funds under the Safe Routes to School Program in the amount of
$288,000 for the Harborside Elementary School Traffic Calming Project and accepts the revenue
to the State Grant Fund.
Presented by
Approved as to form by
Scott Tulloch
City Engineer
.;1 T
/>/ .c
<.....~"'-[.
Ann Moore
City Attorney
~~~
H:\ENGINEER\RESOS\Resos2007\02-06-07\TF-J47 HarborsiJe Elementary Accepting Grant Funds REVISED eC.doc
7-16
RESOLUTION NO.
RESOLUTION ESTABLISHING A NEW
CAPITAL IMPROVEMENT PROJECT "HARBORS IDE
ELEMENTARY SCHOOL TRAFFIC CALMING" (TF-347)
AND APPROPRIATING THE FUNDS.
WHEREAS, the California Department of Transportation (CalTrans) establishes and
administers the Safe Routes to School (SR2S) Program to nmd the construction of bicycle and
pedestrian safety and traffic calming projects; and
WHEREAS, the City of Chula Vista applied for grant funding through the SR2S program
to improve pedestrian facilities adjacent to Harborside Elementary School; and
WHEREAS, the City of Chula Vista received word on July 28, 2006, that our grant
application had been approved; and
WHEREAS, the City of Chula Vista has accepted the SR2S Program grant funds in the
amount of $288,800 to be applied towards the Harborside Elementary School Traffic Calming
Project; and
WHEREAS, in compliance with the grant application, the City is obligated to provide
$50,000 of matching funds to be applied towards the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
that it approves the establishment a new Capital Improvement Project titled "Harborside
Elementary School Traffic Calming" (TF-347).
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
appropriates $298,800 within the State Grant Fund based upon $288,800 from the Safe Routes to
School Program and $10,000 based upon developer deposit revenue to the Harborside
Elementary School Traffic Calming Project (TF-347).
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
appropriates $40,000 from the available balance of the Traffic Signal Fund to the Harborside
Elementary School Traffic Calming Project (TF-347).
Presented by
Approved as to form by
Scott Tulloch
City Engineer
,1 ., ~ I f
\~~ L/_,~ IlL /{~t:;;
Ann Moore
City Attorney
H:\ENGINEER\RESOS\Resos2007\02-06-07\TF-J47 Harborsitle Elementary Appropriating Funds REVISED ec.doc
7-17
CITY COUNCIL
AGENDA STATEMENT
;$\!.jf:.. ClIT OF
.-- CHUIA VISTA
2/6/07, Item~
SUBMITTED BY:
RESOLUTION RATIFYING CITY STAFF'S ACTION
ON APPROVING A CHANGE ORDER WITH PORTILLO
CONCRETE, INe. TO COMPLETE THE "SIDEWALK
REPLACEMENT AT VARIOUS LOCATIONS, FY 2006 (JY-065L)"
PROJECT
DIRECTOR OF GENERAL SERVlqS~<i\-c
DIRECTOR OF PUBy.eWORKS/y><J
CITY MANAGER 'J (
ITEM TITLE:
REVIEWED BY:
4/STHS VOTE: YES 0 NO ~
BACKGROUND
On March 7, 2006 by Resolution No. 2006-070 the City of Chula Vista awarded the contract to
Portillo Concrete, Inc. for the "Sidewalk Replacement at Various Locations, FY 2006 (JY-
065L)" project.
During the course of construction, unforeseen circumstances caused an increase in quantities for
the project beyond what was anticipated during the preparation of the project specifications,
which resulted in a change order that exceeds the Director of Public Works authorized limits set
per Council Policy No. 574-01 (Attachment A). This policy allows City staff to conduct change
orders to a maximum of 10% of the original contract amount ($7,411.00). Any changes orders
beyond this amount would require City Council action. The total change order for this project is
$13,000.00 ($5,589.00 requires City Council action). This change order was necessary due to
the following: scope of work increase and in order to complete locations on Supplemental List 2
of the contract.
It is the intent of staff to request that the City Council ratify the actions taken for this project as
stated in said Council Policy. Funds are available in the project to complete the necessary
change order work. No additional appropriations are needed to undertake this work. Approval of
tonight's resolution will ratify staffs action approving the change orders totaling $13,000
($5,589.00 requires City Council action) for said projects in accordance with the City Council
Policy No. 574-01.
8-1
2/6/07, Item~
Page 2 of 3
ENVlRONMENTALSTATEMENT
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Act and has determined that the project qualifies for a Class I categorical
exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further environmental
review is necessary.
RECOMMENDATION
That Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The sidewalk rehabilitation project, awarded to Portillo Concrete, Inc., consists of the removal
and replacement of displaced curbs, gutters, sidewalks, and driveways. The work includes
excavation and grading, PCC sidewalks, driveways, curbs & gutters, asphalt concrete pavement,
removal and disposal of existing improvements, traffic control, protection and restoration of
existing improvements, other miscellaneous work, and all labor, material, equipment, and
transportation necessary for the project.
During the course of construction for the sidewalk rehabilitation project, the sidewalk/concrete
replacement caused an increase in quantities beyond what was anticipated during the preparation
of the project specifications for the project. The primary cause of the sidewalk/concrete
improvement damage is due to city trees causing an uplift in the concrete improvements. In
some cases, additional areas were repaired due to the failing areas being larger than what was
initially determined during the preparation of the contract. In addition, to take advantage of the
current unit prices for concrete repair, City staff directed Portillo Concrete, Inc. to complete all
locations in Supplemental List 2 of the contract.
The above-mentioned construction changes resulted in a change order that exceeds the Director
of Public Works' authorized limits set per Council Policy No. 574-01. Said change order is
approximately $13,000 and consists of the following: adjustments due to differences between
design quantities and field conditions and additional scope of work to complete all locations of
Supplemental List 2 of the contract. Staff directed the Contractor to proceed with the work for
the following reasons:
· The additional repair areas were necessary to adequately repair the damaged concrete
improvements.
· The postponement of Supplemental List 2 of the rehabilitation of the sidewalk/concrete
rehabilitation would leave potential hazards due to the displacement of the concrete
improvements (i.e. tripping hazards).
· Delays in authorizing the work prior to obtaining City Council approval would have
exposed the City to substantial claims by the Contractor for remobilization, insurance,
bonds, and construction site maintenance, among other things.
8-2
2/6/07, Item~
Page 3 of 3
. Postponement of the work to a future contract would likely lead to a higher cost due to
escalating unit prices.
All locations in the Priority I and 2 lists were completed. Typically for sidewalk rehabilitation
projects, locations are shown in Priority I and Priority 2 with the intent to complete Priority 2
locations only if funds remain in the project after completing Priority 1 locations. Since a
substantial amount of funds remained in the project to complete all of Priority 1 and Priority 2
locations, staff directed the Contractor to complete all locations listed in the contract.
Approval of the resolution will ratify staffs action approving the change order totaling a
maximum of $13,000.00 for said project in accordance with the City Council Policy No. 574-01.
This policy allows City staff to conduct change orders to a maximum of 10% of the original
contract amount ($7,411.00). Any changes orders beyond this amount would require City
Council action. The total change order for this project is $13,000.00 ($5,589.00 requires City
Council Action).
DECISION MAKER CONFLICT
Staff has reviewed the property holdings ofthe City Council and has found no property holdings
within 500 feet of the boundaries of the property, which is the subject of this action.
FISCAL IMPACT
There is no impact on the General Fund and no additional appropriations are necessary as the
funds for these improvements have been provided for as part of the Sidewalk Rehabilitation CIF
lY -065L.
JY-065L CONSTRUCTION CONTRACT
Original Contract Amount (Portillo Concrete, Inc.) $74,114.00
Change Order No.1 $13,000.00
TOTAL CONSTRUCTION CONTRACT $87,114.00
ATTACHMENTS
A. Council Policy No. 574-01
B. Priority 1 & Priority 2 Project Locations
Prepared by: Jeff Maneda, Sr. Civil Engineer, General Services Department
l:\Genera] Services\GS Administration\Council Agenda\JY065\JY065L Change Order A It3 Rev 011807 .doc
8-3
~, 1 !....' , " , ~ '
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: CHANGE ORDERS - DIRECTOR OF POLICY EFFECTIVE
PUBLIC WORKS NUMBER DATE PAGE
574-01 12-12-00 10fl
ADOPTED BY: Resolution No. 12507 I DATED: 06-03-86
AMENDED BY: Resolution No. 2000-335 (09-26-00), Resolution No. 2000-451 (12-12-00)
RArKC-ROTTND
During the course of work on many City public works projects, it becomes apparent that certain
changes must be made in the contract to obtain the finished product in its desired form.
PlJRPOSR
Since most of these changes are of a minor nature which do not change the scope of the project or
affect the public health, safety, or welfare, delegating limited authority to approve change orders
would result in significantly expediting these public works projects.
POT Trv
The Director of Public Works is hereby delegated limited authority to approve change orders for work
being done under City public works contracts, as follows:
1 All change orders, except for those change orders exceeding or causing the exceedence of the
amounts specified herein, shall be processed and approved by the Director of Public Works in
accordance with the applicable project specifications.
2. No individual change order shall increase or decrease the original contract amount by more
than $50,000.
3. The aggregate amount of all change orders shall not increase the contract amount by more than
the amount specified below:
Original Contract Maximum Aggregate Increase in Change Orders
Range
Up to $100,000 10% of the original contract amount
$100,000 to $1,000,000 $10,000 plus 7% of the original contract amount over
More than $1,000,000 $100,000
$73,000 plus 5% of the original contract amount over
$1,000,000
The Director shall also be authorized to increase the time allowed for contract completion in
association with any change order granted under this policy
4 All change orders involving changes in the scope of project, increases of contract amounts
greater than outlined above or aspects conceming the public health, safety, or welfare, shall be
submitted to the City Council for consideration.
In those cases where the City Manager and Director of Public Works determine that the public health
and safety are involved or a substantial claim could be submitted by the contractor for delays, the City
Manager may exceed the above amounts provided for both individual change orders or the aggregate
amount of change orders. The change order shall be submitted to the Council at the next regular
Council meeting for ratification.
',--. ~I-<~!;:::~~' A
8-4
JY-065L SIDEWALK REHABILITATION LIST
00
I
01
" mOnO o u..
Priority Street 4" S/W CIG/SW CIG/SW 6" DW CIG AC CRUSHED AGG SURVEY
# Street # Name (SF) (LF) (SF) (SF) (LF) (TONS) BASE (TONS) MON.
1 376 Roman Way 120 16
-- -
2 557 Douglas Street 120
3 1078 East" J" Street 95 19
-
4 966 Nolan Way 240
-- ~- _.
5 325 East Moss Street 144 30
..
6 649 East Naples Street 132
0- .
7 908 Melrose Avenue 175 72
8 938 ----,--.
Wayne Avenue 144
9 -
903 Mesa Court 130
10 832 Stanford Avenue 55
---- -- -
11 828 Stanford Avenue 60
--
12 243 Madrona 50 8.0
13 1485/89 Helix Way 10 250 7.5 10
14 1451 Judson Way 80
15 1355 Theresa Way 6.0
-----. -'--
16 1361 Theresa Way 60 15
n._ ._~- -
17 65 East Paisley Street 8.0
---.. ._- n
18 202 East Palomar Street 140
19 103 East Oneida Street 52 48
20 /221 Melrose Avenue 60
21 1443 Friars Place 70
22 32 Rivera Place 85
East Paisley Street -
23 42 3.0
24 - --.
603 Date Avenue 5.0
25 67 EI Capitan Drive 120
26 27 EI Copitan Drive 88 30
27 26 EI Capitan Drive 80
- ..
28 23 EI Capitan Drive 180 15
--..-
29 16 EI Capitan Drive 6.0
)'0
:1
'r=--
o
:c
1f:
m
.'"
::t
I
1m
JY-065L SIDEWALK REHABILITATION LIST
())
I
en
". Mono bOO IJW
Priority Street 4" S/W C/G/SW C/G/SW 6" DW C/G AC CRUSHED AGG SURVEY
# Street # Name (SF) (LF) (SF) (SF) (LF) crONS) BASE crONS) MON.
30 648 Claire Avenue 120
31 175 Sierra Way 40
32 652 Carla Ave. 80 10
..
33 57 Montebella St. 160
--.-.
34 1011 Oaklown Avenue (on Moss) 80
35 122 Jefferson Avenue 40
36 126 Jefferson Avenue 60
37 170 Brightwood (Preschool) 40 10
38 32 E Shasta St. on Carla Ave. 64 --
39 633 I Street on Madison Ave. 32
40 379 East Naples Street 40
41 361 Montcalm Avenue 120
..
42 695 Myra Avenue 80
43 688 Myra Avenue 88
44 685 Myra Avenue 80
45 684 Myra Avenue 140
46 681 Myra Avenue 40
47 680 Myra Avenue 80
48 893 Myra Avenue 120
49 893 Maria Way 100
50 889 Maria Way 88
51 883 Maria Way 88
52 894 Maria Way 60
53 898 Maria Way 80
54 903 Maria Way 60
55 931 Maria Way 60
56 937 Maria Way 120 1
JY-065L SIDEWALK REHABILITATION LIST
(Xl
I
......
" Mono D uw
Priority Street 4" s/W C/GISW CIGISW 6" DW CIG AC CRUSHED AGG SURVEY
# Street # Name (SF) (LF) (SF) (SF) (LF) (TONS) BASE (TONS) MON.
57 1033 Nolan Avenue 38 15
-
58 2014 Waterbury Circle 38
--~ --
59 500 Block Telegraph Canyon Road 175 10
60 2146 New Haven Drive 128 24
---
61 324 Surrey Drive 60
-
62 623 Lehigh Avenue 16
.- 120 -- t--
63 1625 Gotham Street
64 881 Bueno Vista Way 225
-
65 4045 Bonita Road 90 80
66 Tel Cyn Rd, west of OLR 235
67 445 Second Avenue 60 40
66 561 G Street Inlet Repair
69 1065 Guntay Avenue Inlet Repair
TOTALS 5632 28 180 793 268 7.5 10 1
---.
-,
--
-
JY -065L SIDEWALK REHABILIT A nON LIST
00
I
00
If funds remain in the contract. locations below may be added in the following prioritized order based on the contract unit prices
" Mono o uvv
Priority Street 4" SIW CIG/SW CIG/SW 6" DW CIG AC CRUSHED AGG SURVEY
# Street # Name (SF) (IF) (SF) (SF) (IF) (TONS) BASE (TONS) MON.
,
69 547 Second Avenue 200 78 19
70 1130 Paseo Marguerita 75 31
71 47 East Shasta St 140 20
72 974 Roca Place 60
73 759 Bajo Court 28 19
75 507 Jefferson 100 43
76 1082 Jefferson 40
80 725 Church Avenue 250
81 172 East Orlando Street 100
82 203 East Orlando Street 108 32
83 631 Penelope Drive 60
84 110 Mankato Street 84 17
85 31 East Sierra Way 120
86 1162 Oleander Avenue 52
87 688 Gretchen Rood 216 54 54
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA RATIFYING CITY STAFF'S ACTION ON
APPROVING A CHANGE ORDER WITH PORTILLO CONCRETE,
INC. TO COMPLETE THE "SIDEWALK REPLACEMENT AT
VARIOUS LOCATIONS, FY 2006 (JY-065L)" PROJECT
WHEREAS, on March 7, 2006 by Resolution No. 2006-070 the City of Chula Vista
awarded the contract to Portillo Concrete, Inc. for the "Sidewalk Replacement at Various
Locations, FY 2006 (JY-065L)" project; and
WHEREAS, during the course of construction, unforeseen circumstances caused an
increase in quantities for the project beyond what was anticipated during the preparation of the
project specifications, which resulted in a change order that exceeds the Director of Public
Works authorized limits set per Council Policy No. 574-01; and
WHEREAS, the total change order for this project is $13,000.00 of which $5,589.00
requires City Council action; and
WHEREAS, the change order was necessary due to the following: scope of work
increase and in order to complete locations on Supplemental List 2 of the contract and;
WHEREAS, funds are available in the project to complete the necessary change order
work and no additional appropriations are needed to undertake this work; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Act and has determined that the proj ect
qualifies for a Class I categorical exemption pursuant to Section 15301 of the State CEQA
Guidelines. Thus, no further environmental review is necessary; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby ratify City staffs action on approving a change order with Portillo Concrete,
Inc. to complete the "Sidewalk Replacement at various locations, FY 2006 (JY-065L)" project.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
~'(~\ \I:
Ann Moore
City Attorney
\ I.,
,\-*,1'\
M:\General Services\GS Administration\Coundl Agenda\JY065\JY065L Reso for Change Order.doc
8-9
CITY COUNCIL
AGENDA STATEMENT
~~ CITY OF
-~ CHULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
-""
(./
2/06/07, Item ~
RESOLUTION AMENDING THE FY 2006-07 ENERGY
CONSERVATION FUND 1 SDG&E ENERGY PARTNERSHIP
PROGRAM BUDGET TO APPROPRIATE $708,750 FROM THE
SAN DIEGO GAS AND ELECTRIC PARTNERSHIP GRANT FOR
VARIOUS CITY ENERGY EFFICIENCY PROJECTS AND
AMENDING THE FY07 CAPITAL IMPROVEMENT PROGRAM,
ESTABLISHING A NEW CIP PROJECT, "CITY FACILITY
ENERGY EFFICIENCY (GG-I99)" AND APPROPRIATING
GRANT FUNDS AS NECESSARY
DIRECTOR OF GE~L SERVICES ~~_
CITY MANAGER 1/
4/5THS VOTE: YES 18I NO D
BACKGROUND
On September 19, 2006, the City Council approved a 3-year grant agreement with San Diego
Gas and Electric (SDG&E), which provides funding to the City for energy efficiency projects.
Staff is requesting appropriation of calendar year 2006 and 2007 funding in the amount of
$708,750. These funds will be used to retrofit and upgrade several City facilities with energy
efficiency equipment and pay for related General Services staff costs.
ENVIRONMENTAL REVIEW
Not applicable.
RECOMMENDATION
That Council adopt the Resolution and amend the FY 2006-07 Energy Conservation Fund 1
SDG&E Energy Partnership Program Budget and amend the FY 07 CIP Program to establish a
new CIP project (GG-199) and appropriating calendar year 2006 and 2007 funding in the amount
of $708,750 from the San Diego Gas and Electric Partnership Grant as follows:
9-1
2/6/07, Iteml
Page 2 of 7
Year 1 Year 2 2-Year Total
(2006) (2007)
Enerzy Efficiency Projects (eIP):
CIP Expenditure $297,933 $228,138
Estimated CIP Staff Costs $56,442 $126,237
Total $354,375 $354,375 $708,750
BOARDS/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
The Department of General Services has been allocated $354,375 annually for three years from
the SDG&E Partnership Grant Program. These funds are to be used to implement energy
efficiency projects for City facilities that will help reduce City energy costs.
Chula Vista has over 100 City owned buildings or facilities that consume electricity and natural gas.
The City has approximately 550 electricity and natural gas meters and uses an estimated 18 million
kW-hrs of electricity and 800,000 therms of natural gas annually. The City's annual energy budget
is approximately $3.4 million. The City's energy use is projected to increase by at least 5% in 2007,
due to addition of new City buildings and infrastructure. The City's actual energy costs are also
projected to increase due to rising energy rates. Although the City has aggressively pursued energy
efficiency retrofits to reduce cost and meet its environmental goals, there are still many
opportunities to improve how the City uses energy.
This Grant component has the most flexibility in developing and implementing projects that
produce kilowatt and therm savings, however the component still establishes some aggressive
energy objectives. This component requires General Services to implement projects that reduce the
City's energy use by up to 5% per year for a cumulative reduction of up to 15% by 2008 as
compared to the 2005 energy use per square foot of building or facility. These objectives are made
all the more challenging by the City's historical commitment to energy efficiency that already
exceeds State efficiency standards by up to 20%. SDG&E and the CPUC have allowed the City to
fund full-time staff in recognition that throughout the State, the lack of dedicated, expert personnel
is the key barrier to developing and implementing projects with the greatest potential to demonstrate
maximum energy efficiency. This component of the Grant enables the City to develop institutional
expertise that will allow the City to manage projects and its energy use more effectively and
consistently in the short term so that it can demonstrate the value of investing a portion of the future
energy savings in staff and projects that build on that financial and environmental efficiency model.
Staff is recommending a new Capital Improvement Project, GG-199 be established for energy
efficiency projects. Several energy efficiency projects have been identified for implementation. A
detailed list of eligible projects including savings and cost is attached. Combined these projects
will generate an annual savings of $99,608 and 882,846 KWH and 393,041 Ibs per year in CO2
reductions.
9-2
2/6/07, Iteml
Page 3 of 7
ENERGY EFFICIENCY PROJECTS SUMMARY
Staff has worked with SDG&E and the San Diego Regional Energy Office (SDREO) to identify
eligible energy efficiency projects, which will generate sustainable energy savings in a cost effective
manner. Retrofits are proposed at both Lorna Verde and Parkway Recreation Facilities and the
Police Building. The cost to upgrade these facilities is $407,880 less possible rebates and incentives
estimated at $140,660. The total available for energy efficiency projects from the 2006 and 2007
allocations is $566,071. The remaining funds of $158,191 will be used for energy upgrades to the
John Lippitt Public Works Center. The rebate and incentive savings of $140,660 will be used to
complete various smaller scale projects such as but not limited to T -8 lighting replacements, ball
field lighting, pools and pump lighting and replacement of recreational facility lighting fixtures.
Staff is currently working with SDREO to evaluate the cost effectiveness and energy savings
associated with these projects.
The final year of the grant (2008) makes another $354,375 available for projects and associated
staffing requirements. It is staffs intent to administer and complete the various projects described
above via the City's Capital Improvement Program, whereby a new Capital Improvement Project
(GG-199) is proposed to be established. The following is a summary of energy projects proposed to
be completed using the SDG&E Partnership funds:
NEW PROJECTS
Lorna Verde
The grant funding will be used to install a variable frequency drive (VFD) on the pool circulation
pump at Lorna Verde and retrofit/replace lighting. This project will result in an annual electrical
savings of 111,489 kilowatts per hour (KWH) and 89,750 lbs per year in CO2 reductions for a net
savings of $13,118 annually. The cost to implement this project is estimated at $24,764 after
rebates and incentives.
Parkway
The grant funding will be used to install a premium efficient motor and VFD on the pool
circulation pump and retrofit/replace lighting. This energy efficient project will result in an
annual electrical savings of 101,751 KWH and 81,911 Ibs per year in CO2 reductions for a net
savings of $11,490 annually. The cost to implement this project is estimated at $31,230 after
rebates and incentives.
Police Facility
The SDG&E Partnership funding will be used to make the HV AC system at the Police Facility
more efficient. The project will include retrofit of the turbocore, installation of a hatman loop and
airside balancing. The installation of this energy efficient equipment will result in an energy
savings of 669,606 KWH for a net savings of$89,594 annually.
9-3
2/6/07, Iteml
Page 4 of7
John Lippitt Public Works Center
Certain potions of this project have been completed and energy incentives have been reimbursed.
A total of 4 variable frequency drives (VFD) were added to the ventilation system and 2 were
retrofitted for the exhaust fans in the Administration building of the Public Works Center. The
remaining aspects of these projects are being reevaluated and submitted for additional incentives
under new SDG&E and San Diego Regional Energy Office programs. The scope includes
replacement of metal halide lighting with new T -8 lamps and ballast, installation of additional
skylights with lighting controls, installation of AlC units to reduce run time on main HV AC
chillers and possible redesign of shop heaters to reduce run time on heating units and pumps.
Numerous projects have recently been completed by General Services resulting in energy
savings. These projects include:
EXISTING/ONGOING PROJECTS
Vendinz Miser Installations
Vending machine misers have been were recently installed on 47 vending machines throughout
the City. The estimated annual energy savings is 46,105 (KWH) for an annual savings of
$6,166 and 37,115 lbs per year in CO2 reductions.
Civic Center Proiect
Recently completed is Phase II of the Public Service Building. Energy efficiency upgrades
include installation of a Self-Generation Photovoltaic system up to 30 KWH and Savings by
Design of 44,771 KWH.
The City saved 141,195 KHW and 3,239 therms from "Savings by Design" at the Civic Center
Project Phase I (City Hall)
Phase III of the Civic Center (Building 300) will produce additional "Savings by Design" energy
savings of86,727 KHW and 1015 therms annually.
Police Department
Additional energy audits and possible retrofits to chiller plant are being evaluated. Since the
opening of the Police Facility, General Services/HV AC staff has generated a savings of close to
$54,000 over the last two years in energy costs as a result of equipment adjustments and
monitoring.
9-4
2/6/07, Iteml
Page 5 of 7
STAFF COSTS AND REIMBURSEMENTS
The California Public Utilities Commission (pUC) provides the funding for the SDG&E
Partnership program. The funds are designated for projects that reduce City energy consumption
and directly related staffing costs. It is the PUC's and SDG&E's desire that recipients of the
grant establish dedicated staff positions to manage, plan and implement energy efficiency
projects. It is staffs desire as well to establish such a dedicated position, however, in light of the
budget constraints facing the City, staff is recommending the issue of creating a new position be
deferred until the final year of the grant allocation in 2008.
In the interim, existing positions within General Services will be used to implement the projects
identified above. The Department of General Services is confident that staffing resources can be
stretched and maintenance schedules altered for a short duration of time to successfully complete
the projects. In the short term this will both meet program goals of the grant and have a positive
impact to the General Fund. This solution provides short-term results, and serves as a temporary
measure until such time as the City is able to add an Energy Projects Manager position to
administer energy efficiency proj ects, sustain energy savings and focus on curtailing future City
facility energy costs.
Chula Vista is one of a few cities chosen throughout the State by the PUC and SDG&E to model
and test if the investment in staff will result in sustain and expanded energy conservation beyond
the grant period. These agencies are providing the initial "seed" funds to put in place a program
and related staff, systems and practices that continue the initial energy savings and continuously
identify and expand energy conservation savings. They recognize that the lack of available
dedicated staff has been an impediment to the success of previous programs.
In recent years, the number of City-owned facilities has grown significantly. The recent growth
in new facilities coupled by aging City facilities has had a significant impact on available City
staff resources. The Operations Division of General Services (specifically, Construction and
Repair) now manages a portfolio of 118 facilities with no major facility maintenance program.
The SDG&E Energy Partnership Grant provides the City a unique opportunity to link resources
to improve energy efficiency of City facilities and equipment as well as address HV AC and
electrical facility maintenance issues. Existing General Services Operations staffing has
remained relatively the same despite the addition of new facilities and maintenance requirements
of aging City facilities.
2008 Grant Funding
In 2008, the grant allocation will be $354,375. Like the prior two years, this funding can be used
to complete additional energy projects and, if feasible, add a new position: Energy Projects
Manager. Staff believes that in order to continue this effort in the long-term, this position is
necessary. The SDG&E Partnership Grant will pay for the first year costs of the position. The
ongoing annual cost at Estep of the position is $103,237 (salaries & benefits). Assuming that
the grant is not extended beyond 2008, staff is confident that the savings generated heretofore, by
the planned projects discussed above and by future projects will more than off-set the on-going
costs of the position. For example the combined savings of the Lorna Verde, Parkway and the
Police Facility energy efficiency upgrades will generate an annual savings of $100,220. While it
is the desire of staff to see the City realize these savings within the overall City budget and not
9-5
2/6/07, IteDl~
Page 6 of7
have them offset by new staff costs, it will not be the recommendation of General Services to
continue to divert existing maintenance and repair related staff to this effort at the expense of the
ongoing maintenance of City facilities. Staff anticipates the position will continue to generate
enough offsets from energy audits, monitoring and various other energy efficiency upgrades.
This will both minimize the cost of the position to the General Fund and have a positive impact
on the General Fund as well as the environment.
The proposed position would plan, organize and direct the Energy Services Program activities,
including the development and implementation of program goals and objectives. The position
would conduct and maintain an inventory of City facilities and equipment to improve energy
utilization. The Energy Project Manager will prepare energy calculations, schematics and coordinate
preliminary design and installation work for proposed energy proj ects as well as identifY energy
efficiency equipment on City capital projects. The position will conduct and coordinate on-site
energy audits and meet with department representatives to discuss energy management and
conservation issues and proj ects. It is also proposed that this position would investigate and resolve
energy efficiency issues associated with design interpretation and/or contract or equipment
warrantees and performance. This position would also analyze and prepare reports related to the
evaluation of energy utilization of City facilities and equipment as well as maintain energy records.
Currently, there is no centralized review or management of utility costs in the City. Staff anticipates
that sufficient savings will be generated for an ongoing offset of costs associated with the addition
of this position after the grant funding has been exhausted. The cost of the position will be paid for
from the grant allocation and offset by future savings resulting from utility savings. The cost
effectiveness of the position will be monitored annually via the budget process.
Staff has worked with Human Resources to establish the appropriate classification and salary for
this position. If approved by the City Council in 2008, this new position will be added to the
middle manager classification schedule.
DECISION MAKER CONFLICT
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)(I) is not applicable to this decision.
FISCAL IMPACT
The Department of General Services has been allocated $354,375 annually for three years from
the SDG&E Partnership grant program. Staff is recommending appropriation of 2006 and 2007
grant funding in the amount of $708,750. Acceptance of funds will have a positive impact on the
General Fund:
. It provides $526,071 for a new Capital Improvement Project, "City Facility Energy
Efficiency (GGI99)." This CIP will enable staff to implement the Lorna Verde;
Parkway, Police Facility and John Lippitt Center energy efficiency projects identified
above and fund other energy efficient retrofits and equipment for City facilities.
Currently, no funds are designated for this purpose and major facility maintenance is
prolonged and conducted on an emergency basis.
9-6
2/6/07, Item--L
Page 7 of7
. The grant reimburses staff costs (various General Services staff, electrician and HV AC
staff time) associated with implementation of the energy efficient proj ects. The total staff
time reimbursement is estimated at $182,679.
The Grant Agreement provides for full reimbursement to the City for implementation costs on a
quarterly basis. The grant is expected to produce energy savings for City facilities that will
phase in over the grant term, and continue beyond the Agreement.
ATTACHMENTS
Attachment I - Energy Projects Detail
Prepared by: Jracsema Quilantan, Deputy Director, Department afGeneral Services
M:\General Services\GS Administration\Council Agenda\SDG&E Grant\Rev SDGE Grant Energy Projects 2..Q6~07.doc
9-7
Install a VFO on the pool circulation pump
93,435
0.0
10,0
$9,388
$14,000
$7,510
$6,490 0,7 75,217
2 Retrofil/Replace lighting
18,054
0.0
11.0
$3,730
$20,440
$2,166
$18,274 4.9 14,534
3 Use Pool Cover
x
50%
x
$0
$0
none
$0 Immediate unknown
Totals
111,489
estimated
21.0
$13,118
$34,440
$9,676
$24,764 1.9 89,750
CD
I Install a premium efficient motor on the
CO 8,971 0.0 1.2 $955 $2,000 $1,076 $924 1.0 7,222
pool circulation pump
2 Install a VFO on the pool circulation pump 49,440 00 0.0 $2,243 $8,750 $5:933 $2,817 1.3 39,800
3 RetrofiVReplace UghUng 43,340 0.0 25.2 $8,292 $32,690 $5,201 $27,489 3.3 34,889
4 Use Pool Cover x 50% x $0 $0 none $0 immediate unknown
Totals 101,751 esUmated 26.4 $11,490 $,43,440 $12,210 $31,230 2.7 81,911
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CV _ GenServ _Energy Opportunities 2006-2007
r~ Est. Exisllng Hartman Energy Usage Demand Ga. Energy Est. Est. SDRED Final cost Simple
Tofal Tonnage Full/Dad Annual Costs Implementa BID after
Idea Eft. LOOP Eft. Savings Savings Savings Payback
(foils) hours Load Savings lion Cost Incentive Incentive
0 (ton-hrs) (kW/ton) (kW/ton) (kWhlyr) (kW) (therma) ($/yrl ($) ($) ($) (yr.)
Inslall VAV air-
434 handler oplimization n.a n.a. n.a. n.a. 220,968 25.2 14,463 $37,146 $60,000 $42,506 $37,494 1.01
(TRAV VS. current
24/7 operation)
2 434 1,209 524,343 1.31 0.46 448,637 54.0 0 $52,446 $250,000 $76,268 $173,732 3.31
Extended Totals
kWh Savings
882,846
Therms Demand
14,463 127
Annual $ SaY
$99,608
Incentive
$140,060
City $
$283,483
CO,
393,041
Total Cost
$407,880
PayBack
2.8
CD
I
CD
This report was prepared as a result of work sponsored by the California Public UtiJiUes CommIssion (Commission). It does not necessarily represent the
views of the Commission, its employees, or the Slat~ of California. The Commission, the State of California, ils employees, contractors, and
subcontractors make no warranty, express or Implied, and assume no legal liability for the Information in this report; nor does any party represenlthat the
use of this information will not infringe upon privately owned rights. This report has not been approved or disapproved by the Commission nor has the
Commission passed upon the accuracy or adequacy of the information in this report. Mention of trada names or commercial products does not constitute
endorsement or recommendation of use.
CV_GenServ_Energy Opportunities 2006-2007
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RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 2006-07 ENERGY
CONSERVATION FUND I SDG&E ENERGY PARTNERSHIP
PROGRAM BUDGET TO APPROPRIATE $708,750 FROM
THE SAN DIEGO GAS AND ELECTRIC PARTNERSHIP
GRANT FOR VARIOUS CITY ENERGY EFFICIENCY
PROJECTS AND AMENDING THE FY07 CAPITAL
IMPROVEMENT PROGRAM, ESTABLISHING A NEW CIP
PROJECT, "CITY FACILITY ENERGY EFFICIENCY (GG-
199)" AND APPROPRIATING GRANT FUNDS AS
NECESSARY
WHEREAS, on September 19, 2006, the City Council approved a 3-year grant agreement
with San Diego Gas and Electric (SDG&E), which provides funding to the City for energy
efficiency projects; and
WHEREAS, the Department of General Services has been allocated $354,375 annually
for three years and staff is requesting appropriation of calendar year 2006 and 2007 funding in
the amount of $708,750; and
WHEREAS, these funds are to be used to implement energy efficiency projects for City
facilities that will help reduce City energy costs; and
WHEREAS, Chula Vista is one of a few cities chosen throughout the State by the PUC
and SDG&E to model and test if the investment in staff will result in sustain and expanded
energy conservation beyond the grant period; and
WHEREAS, $566,071 of the funds are for a new Capital Improvement ~roject, "City
Facility Energy Efficiency (GGI99)" which will enable staff to implement the Lorna Verde;
Parkway, Police Facility and John Lippitt Center energy efficiency projects and fund other
energy efficient retrofits and equipment for City facilities; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby amend the FY 2006-07 Energy Conservation Fund I SDG&E Energy Partnership
Program to appropriate $708,750 from the San Diego Gas and Electric Partnership Grant for
various City energy efficiency projects and amending the FY07 Capital Improvement Program,
establishing a new CIP Project, "City Facility Energy Efficiency (GG-199)" and appropriating
grant funds as necessary.
Presented by
. /)'~lj'J~)
\..n~M-oo
-to \(itY Attorney
Jack Griffin
Director of General Services
J:\General Services\GS Administration\Council Agenda\SDG&E Grant\SDGE Reso IOI-23-07.doc
9-10
CITY COUNCIL
AGENDA STATEMENT
:$'Yf:. (In' OF
== CHULA VISTA
2/6/07, Item_
ITEM TITLE:
RESOLUTION ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "SIDEWALK REPLACEMENT AT
VARIOUS LOCATIONS WITHIN THE CITY OF CHULA VISTA,
CALIFORNIA FY 2007-JY065M" PROJECT TO PETER'S
CONCRETE COMPANY IN THE AMOUNT OF $ 82,833.50 AND
AUTHORIZING THE EXPENDITURE OF ALL A V AILABLE
CONTINGENCIES IN THE PROJECT
SUBMITTED BY:
REVIEWED BY:
DIRECTOR OF GEr SERVICES),..2}
CITY MANAGER d/ \j .
4/5THS VOTE: YES 0 NO ~
BACKGROUND
On January 31,2007, the Director of General Services received sealed bids for the "Sidewalk
Replacement at Various Locations within the City ofChula Vista, California FY 2007-JY065M"
proj ect. The proj ect was included in the budget to remove and replace curbs, gutters, sidewalks,
and driveways displaced by differential settling, tree roots, etc., on various City streets.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project qualifies
for a Class 2 Categorical Exemption pursuant to Section 15302 (Replacement or Reconstruction)
of the State CEQA Guidelines because the proposed sidewalk improvements involve the
replacement of existing facilities with new facilities in the same location and of substantially the
same purpose and capacity. Thus, no further environmental review is necessary.
RECOMMENDATION
That Council accept bids and award the contract for the "Sidewalk Replacement at Various
Locations within the City of Chula Vista, California FY 2007-JY065M" project to Peter's
Concrete Company, of Red lands, CA for $ 82,833.50.
10-1
2/6/07, ItemJ.L
Page 2 of 3
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On January 31, 2007, the Director of General Services received sealed bids for the "Sidewalk
Replacement at Various Locations within the City ofChula Vista, California FY 2007-JY065M"
project. The work consists of the removal and replacement of displaced curbs, gutters,
sidewalks, curb inlets, and driveways. The work includes excavation and grading, PCC
sidewalks, driveways, curbs & gutters, asphalt concrete pavement, removal and disposal of
existing improvements, traffic control, protection and restoration of existing improvements, other
miscellaneous work, and all labor, material, equipment, and transportation necessary for the
project. The annual Public Works Operations Street Maintenance budget includes funds for this
project. This contract covers the FY2006-2007 maintenance budget.
Engineering staff prepared plats, specifications, and advertised the project.
The City received bids from four (4) contractors as follows:
CONTRACTOR BID
.
Peter's Concrete Company $82,833.50
New Century Construction Company $91,799.50
Koch-Armstrong General Eng. Inc. $91,882.85
Tri-Group Inc. $98,911.00
The low bid by Peter's Concrete Company is below the Engineer's estimate of $92,000.00 by
$9,166.50 or 10%. Peter's Concrete Company has not done any capital improvement projects in
the city. Staff has contacted the references provided by the contractor. Staff has reviewed the
low bid and recommends awarding the contract to Peter's Concrete Company of Redlands, CA,
for $82,833.50.
Attachment "A" shows the specific work to be done at each location and approximate quantities
of sidewalk, curb, gutter, and driveway to be installed. The list also shows the locations being
postponed for another year. Approximately 20% of proposed work is in the Montgomery area,
75% west ofI-805 but not in Montgomery, and 5% east ofI-805.
In addition, this resolution authorizes the expenditure of the available contingencies for the
project. According to City Council Policy No. 574-01, if a change order exceeds the cumulative
contract change order aggregate amount allowable to be approved by the Director of Public
Works Operations, City Council approval is required. However, approval of tonight's resolution
will increase the Director of Public Works Operations' authority to approve change orders as
necessary up to the total contingency amount. Authorization to expend all available
10-2
2/6/07, ItemJlL
Page 3 of3
contingencies will allow us to remove and replace as many damaged concrete improvements as
possible using the available funds in the project.
Disclosure Statement
Attachment "B" is a copy of the contractor's Disclosure Statement.
Wage Statement
The source of funding for this project is Gas Tax Funds. Contractors bidding this project were
not required to pay prevailing wages to persons employed by them for the work under this
project. Disadvantaged businesses were encouraged to bid through the sending of the Notice to
Contractors to various trade publications.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilmember Castaneda has property holdings within 500 feet of the boundaries of the
property, which is the subject of this action.
FISCAL IMPACT
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $82,833.50
B. Contingencies (aoprox. 15%) $17,166.50
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $100,000.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Gas Tax (16731-6401) $100,000.00
TOTAL FUNDS A V AlLABLE FOR CONSTRUCTION $100,000.00
Staff costs for design and inspections, estimated at $20,000.00, will be offset by the General
Fund. The contract amount of $82,833.50 plus the contingencies ($17,166.50) for a total
construction cost of $100,000.00, which is for street maintenance and construction, will be
funded from the Street Maintenance account of the Gas Tax fund.
Upon completion of the project, the improvements will require only routine City street
maintenance.
ATTACHMENTS
A - Table - Location of Work
B - Contractor's Disclosure Statement
Prepared by: Jeff Moneda, Sr. Civil Engineer, General Services Department
M:\General Services\GS Administration\Council AgendaIJY065IJY065M\GTSW07 Award Al 13 Jan 2007.doc
10-3
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~~--~--~~~ -- m EV~:l::ail:- ---+ l:i - - --- -I----t----i--------+-- - Monument
~ -m----------____r_____ 1--- ----- --- c----I---
--.-.-
26 1631 RedHiIILn_(acrossfrom1631) 15 14
----Z7-- 1009 ____-----.9_s.sa"-~_e:____ ___=_ :64 __-~__ ,_=-==--~_~~15~~- -
26 366,390 Vance 360 192 12 X
------- ---- 1-- -------------r---------- _ -----f---- - -----~------------
29 176 Mankalo 114_6 j I
-----------f------ ----~ ------- , -----j-----------
--~~- ~-~--- - _fI,1a~~\le-_______t_l~6 ~-- --- 1- ---~-~9..--1--j-- ---------
==-ii- -:--~6~ L -- -:::~~~~:~ --=-~t :~J ---== ~~i----I--~-: - x--i==_~__
- 34 1076 -----J-;cqu~li~;_way--- -156 -F-- - ----1-240 -I------+--I--------~
,,-">is --M,m-A;;;-- --,.,- -----r--i---r 1---
=_:~ _ -~~i- [n_ u_ ~:;:: :~::_ -!-:564-j===- =--=:-==-~F--I-=-==--x=t=---- n_n__ ----
-38'---540 ----- Carla Ave,-----+ -n--I----m---i--+--21-~----t- --- ---
--39J-31- J----E Whllney &.-------1165 - -I - -- -'--- --1- 1- --- _____________m________
-40-~1378L- -----HIlltop Dr,---- --t - - -18 -1----- 1-- --- -- - -J X I -. - ----
--41-1-~ -------Hilltop Dr-:-----t225 - -- ____I -55- - -----t--- -
------~ n_ r--- -- --- ~J_------- t-- '---
=~~_H~=L- __ Hil~O:tDr. _ _~ _ }:; T_ :._1= =~=i~= _- _ =-~ t-- _~--=i=_=_==:.
-
44
45
46
------ --
47
----
48
---------..-
49
~
o
I
m
607
646
----
613,617
94, 98
_ _ Ca~a(ln~et)- _n -r~ [~_i___l
Hilltop (between H and Whitney f J 11
Iniet) I __
-- - - - --- 1--- ---
~;::~~--=~Jj~tr_~j____
Hilltop Dr. & H 51. I 32 t 1
---------- -1- - -- _n ----
King _5~. I ~75 __L_
GTSW07 SIDEWALK REHABILITATION LIST
[2 inlets-1 grate each, 6 It openi~g:AC
work
-- "-"'--- ----
, 2 inlets- 2 grates each, 8 It opening,
AC work
t- -uT I
T - 1 1--
-j-- -- r-d--r---
t~~~~J__ 68j=~X- - L
Location NW 01 intersection
GTSW07 SIDEWALK REHABILITATION LIST
Supplemental List-If funds are available, these locations may be added to the scope of work.
~
LL ct.
LL ~ ~ ~ ~ N~
~ ~ ~ ~~ ~ ~w
:;, uti;' ;:n >"- aLL aE
c:: 20 ...... H~ z....J Ow
V) 0 u 2S .q;:- '<Q..
Street 'r:::E 3: '" I-\I)ct. ~
a ~ << Q..
Priority # Street # Nome an;" a Notes
--~I -----;~~ -=t=~~~~~~______ ~~: - -=~==I~~=J 28~ !-=1!l=_-~-=---- -~~-=M~~ume:----
-"53-_ _~560-~=~~_Az_a1e<lSL -==-~ _-=18=1:~.-~= -:=T---=~l------------------
54 564 Azalea Sl. 39 , ! I
~: ! :i~u _____-:-_-=-~~I~~::s.t.--=~-=~-:--- r-- 2_2_ +-_____=__:+=~-=..:[---- --==~=----____=--=:
_~__ I 631_u_=~- Ce~~r~"e. -----=- .Y_o.J .=-_--J-900 ~ ---~~--r -X-~ -=__-==_==~=====-~=~=
58 2071__ ____ Waterbury 12 I 10 i 'l---- ___ __________
I
I
-- r--
n_m +____ __________
~i} ____~r_ _~-_=~.~;~~;/i!:___===rB5~J -L ___1__ - _-:u~~n-i----I--- -- --------~----
n_~_ ~~~t l u__ oak~~nA"e._____L_1~5.L 1___.__ L_ _ ml-_-)(=_L_=~==.~=-____---n--
C)
I
-.j
GTSW07 SIDEWALK REHABILITATION LIST
--=-~L_~101_- - H~~d~~Dr:-----T~=--I--~------.::.==r--t-- -----j------l
- :: +'I~-1 u ' '::~:" i~'1=nl- U', _ ----"'1- n I _ Co".. D"~,,-,,"" "",," _
____ :: + :::iG""~ A~~~n,,"OO)H:~ l . I L .-~"-+-- - -P'"'oO ~""=-W,,,,,,, ~. :"~
~~ +-~~: - L- n_~::~:; :~:~~:--- --1~ -1--- +-- 'i--- _________n
-------1 ------- ------ - n L________ L-l
I I I
! I I
_____1 _______J__ ______L _ _ ______m___+___________
3 locations
~
C)
I
co
ATTACHMENT P
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or fmancial interests, payments, or campaign contributions for a City of Chula Vista
election must be fIled. The following information must be disclosed:
I. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
yo, I.,
i
2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/partnership) entity.
hili
, '
3. If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
~ /1
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
nit;
I'
14
M:\GENERAL SE RVICES\DESIGNIJY065M\JY065M-CONTRACT.DOC
10-9
5. Has any person" associated with this contract had any fmancial dealings with an official"" of the
City ofChula Vista as it relates to this contract within the past 12 months? Yes_NoL
,
n JC}
I '
If Yes, briefly describe the nature of the financial interest the official"" may have in this contract.
\'1/e1
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? Yes No t If Yes, which Council member?
(\ /.,
7. Have you or any member of your governing board (i.e. Corporate Board of DirectorslExecutives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4)
years to a current member of the Chula Vista City Council? Yes_No -( If Yes, which
C~l;il member?
8. Have you provided more than $300 (or an item of equivalent value) to an official"" of the City
ofChula Vista in the past twelve (12) months? (This includes being a source of income, money to
. retire a legal debt, gift, loan, etc.) Yes _ No r If Yes, which official"" and what was
the nature of item provided?
'Y\ 1'1
I
Date: 1-3t7-0+
;k~~ .
!fgnature of Contractor! Applicant
~,\'\'O ~ /./C\/e-7
int or type name of Contractor/ApplIcant
" Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality,
district, or other political subdivision, -or any other group or combination acting as a unit.
"" Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
IS
M:\GENERAL SERVICESIDESIGN\JY065M\JY065M-CONTRACT.DOC
10-10
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND A WARDING
CONTRACT FOR THE "SIDEWALK REPLACEMENT AT
VARIOUS LOCATIONS WITHIN THE CITY OF CHULA
VISTA, CALIFORNIA FY 2007-JY065M" PROJECT TO
PETER'S CONCRETE COMPANY, OF REDLANDS, CA IN
THE AMOUNT OF $ 82,833.50 AND AUTHORIZING THE
EXPENDITURE OF ALL AVAILABLE CONTINGENCIES IN
THE PROJECT
WHEREAS, on January 31, 2007, the Director of General Services received sealed bids
for the "Sidewalk Replacement at Various Locations within the City of Chula Vista, California
FY 2007-JY065M" project; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the project qualifies for a Class 2 Categorical Exemption pursuant to Section 15302
(Replacement or Reconstruction) of the State CEQA Guidelines because the proposed sidewalk
improvements involve the replacement of existing facilities with new facilities in the same
location and of substantially the same purpose and capacity and no further environmental review
is necessary; and
WHEREAS, the low bid by Peter's Concrete Company, of Red lands, CA for $82,833.50,
is below the Engineer's estimate of $92,000.00 by $9,166.50 or 10%. Peter's Concrete
Company has not previously done any capital improvement projects in the city. Staff contracted
the references provided by Peter's Concrete Company and all contacted parties said its works has
been satisfactory; and
WHEREAS, City Council Policy 574-01 authorizes the Director of Public Works
Operations' to approve change orders as necessary up to 10% of the contract amount. This
resolution would authorize the Director of Public Works Operations to approve changes up to the
total contingency amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept bids and award the contract for the "Sidewalk Replacement at Various
Locations within the City of Chula Vista, California FY 2007-JY065M" project to Peter's
Concrete Company of Redlands, CA for $ 82,833.50.
10-11
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista does
hereby authorize the Director of Public Works Operations to approve change orders up to the
total contingency amount.
Presented by
Approved as to form by
~k\1\-'(~
Ann Moore \
City Attorney
Jack Griffin
Director of General Services
M:\General Services\GS Administration\Council AgendaVY065VY065M\OTSW07 Reso for Award.doc
10-12
CITY COUNCIL
AGENDA STATEMENT
~\~ CITY OF
-~ CHULA VISTA
2/6/07, Item--li-
ITEM TITLE:
RESOLUTION ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "CDBG SIDEWALK REMOVAL AND
REPLACEMENT FY 06-07 AT VARIOUS LOCATIONS (STL-
295)" PROJECT TO KOCH-ARMSTRONG GENERAL ENG. INC.
IN THE AMOUNT OF $154,169.30 AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXPEND ALL AVAILABLE
CONTINGENCIES IN THE PROJECT.
SUBMITTED BY:
REVIEWED BY:
RESOLUTION AUTHORIZING INTERPROJECT TRANSFERS
FROM EXISTING CAPITAL IMPROVEMENT PROJECTS TO
THE "CDBG SIDEWALK REMOVAL AND REPLACEMENT FY
06-07 AT VARIOUS LOCATIONS (STL-295)" PROJECT.
DIRECTOR OF GE~ SERVICES (j.JJ-.
CITY MANAGER VI
4/5THS VOTE: YES [gI NO 0
BACKGROUND
On January 31, 2007, the Director of General Services received sealed bids for the "CDBG
Sidewalk Removal and Replacement FY 06-07 at Various Locations (STL-295)" project. The
project was included in the budget to remove and replace curbs, gutters, sidewalks, pedestrian
ramps, cross gutter and driveways displaced by differential settling, tree roots, etc., on various City
streets.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the National Environmental Policy Act (NEPA) and has determined that the project qualifies for
a Categorical Exclusion (subject to 58.5) pursuant to Section 24 of the Code of Federal
Regulations 58.35(a), subsection 1 [Acquisition, repair, improvement, reconstruction, or
rehabilitation of public facilities & improvements; e.g. curbs, sidewalks, repaving streets] and
has also reviewed the proposed project for compliance with the California Environmental
Quality Act (CEQA) and has determined that the project qualifies for a Class 1 categorical
11-1
2/6/07, Item-LL
Page 2 of 6
exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus, no further
environmental review is necessary.
RECOMMENDATION
That Council adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On January 31, 2007, the Director of General Services received sealed bids for the "CDBG
Sidewalk Removal and Replacement FY 06-07 at Various Locations (STL-295)" project. The work
consists of the removal and replacement of displaced curbs, gutters, sidewalks, and driveways.
The work also includes excavation and grading, PCC sidewalks, driveways, curbs & gutters,
cross gutter, pedestrian ramps, removal and disposal of existing improvements, traffic control,
other miscellaneous work, and all labor, material, equipment, and transportation necessary for
the proj ect.
Engineering staff prepared plans, specifications, and advertised the project.
The City received bids from four (4) contractors as follows:
CONTRACTOR BID
Koch-Armstrong General Eng. Inc. $154,169.30
New Century Construction, Inc. $175,358.10
Tri-Group Construction, Inc. $185,351.00
Romero General Construction $252,240.10
The low bid by Koch-Armstrong General Eng. Inc. is below the Engineer's estimate of
$186,222.80 by $32,053.50 or 17%. Koch-Armstrong General Eng. Inc. has done several capital
improvement projects in the city, and its work has been satisfactory. Staff has reviewed the low
bid and recommends awarding the contract to Koch-Armstrong General Eng. Inc. of Lakeside,
CA, for $154,169.30.
Attachment "A" shows the specific work to be done at each location and approximate quantities
of sidewalk, curb, gutter, and driveway to be installed. The list also shows the locations being
postponed for another year. Approximately 75% of proposed work is in the Montgomery area,
25% west ofI-805 but not in Montgomery, and 0% east ofI-805.
In addition, this resolution authorizes the expenditure of the available contingencies for the
project. According to City Council Policy No. 574-01, if a change order exceeds the cumulative
contract change order aggregate amount allowable to be approved by the Director of Public
Works Operations, City Council approval is required. However, approval of tonight's resolution
11-2
2/6/07, Item1L-
Page 3 of 6
will increase the Director of Public Works Operations' authority to approve change orders as
necessary up to the total contingency amount. Authorization to expend all available
contingencies will allow us to remove and replace as many damaged concrete improvements as
possible using the available funds in the project. Contingencies in the amount of $23,125.40
(15% of the contract amount) will be used for any necessary change orders and/or completing
locations in the supplemental list of rehabilitation locations in the project. In addition, remaining
funds in the project ($89,688.30) will also be used to complete additional rehabilitation locations
in the supplemental list (see Table A).
Disadvantaged Business Enternrise Goal
The bid documents set forth participation requirements per Federal Regulation for meeting the
disadvantaged and women-owned business goals. Jose Dorado, Community Development
Specialist, has reviewed the bid documents submitted by the three (3) lowest bidders. His
conclusion is that the lowest bidder, Koch-Armstrong General Eng. Inc., meets the City's
Minority and Women Business Enterprise (MBElWBE) goals and Federal law.
Staff also reviewed Koch-Armstrong General Eng. Inc. eligibility status with regard to federal
procurement programs and the status of the State contractor's licenses. Koch-Armstrong General
Eng. Inc. is not listed as excluded from Federal Procurement Programs (list of parties excluded
from Federal procurement or non-procurement programs as of February, 2007).
Disclosure Statement
Attachment "B" is a copy of the contractor's Disclosure Statement.
Wage Statement
The source of funding for this project is Community Development Block Grant Funds. This
project is covered by the Davis-Bacon and Related Acts. The Davis-Bacon Act requires the
payment of prevailing wage rates to all laborers and mechanics employed for the work under this
project. Prevailing wage rates are those determined by the U.S. Department of Labor or the U.S.
Department of Housing and Urban Development.
lnternroiect Transfers
With respect to the project transfers, the projects from which the transfers will be made from
have been identified as either complete and/or scope of work is the same work as described for
STL295. Thus, at this time staff is recommending transferring a total amount of $279,726 from
existing CDBG funded projects to STL-295 as outlined under Fiscal Impact.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings ofthe City Council and has found no such holdings
within 500' of the property which is the subject of this action.
11-3
2/6/07, Item~
Page 4 of 6
FISCAL IMPACT
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $154,169.30
B. Contingencies (approx. 15%) $23,125.40
C. Funds Available for Supplemental List of Rehab Locations (Table A) $89,688.30
D. Staff Costs (Design & Survey) $90,400.00
E. Staff Costs (Inspection) $20,000.00
F. Environmental and Soil Testing $6,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $383,383.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. STL-295 Sidewalk Removal and Replacement (CDBG) $103,657
B. Interproject Transfers (CDBG Funds):
STL-319 Sidewalk Removal and Replacement - complete & same scope $151,653
STL-317 ADA Curb Ramps - complete $3,073
STL-320 Sidewalk Removal and Replacement - same scope $125,000
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $383,383
There are sufficient funds held by the City to fully offset all costs associated with the
construction of this project, with no impact to the General Fund. Upon completion of the subject
project, the improvements will require only routine City street maintenance.
ATTACHMENTS
A - Table - Location of Work
B - Contractor's Disclosure Statement
Prepared by: Jeff Moneda. Sr. Civil Engineer, General Services Department
M:\General Services\GS Administration\Council Agenda\STL-295\STU95 Award At 13 Final.doc
11-4
TABLE 1
STL-295 SIDEWALK REHABILITATION LIST
; I I I
, I I Match Exist. Stamped
I I I
Concrete and Pattern,
Parking meter, Water
I Meter, Historic Sign,
10 393 Third Avenue 82 24 Planter
11 397 Third Avenue 41 I
,
I 12 212 Third Avenue I 56 I 7 I Parking Meter
I 13 288 Third Avenue 20 15 I Planter
14 290-92 Third Avenue Parldng Meter
i 86
Third Avenue I
15 310 (in front of UEI) 94 Planter
I Third Avenue I
16 340 (Fuddruckers) 40
t.
i Third Avenue I
I~ 17 380 (infront of 555 40 Planter
IJ, Total 732 989 114 513 0 0
f--
I SEE NEXT PAGE FOR LIST OF ADDITIONAL LOCATIONS
TABLE 1
STL-295 SIDEWALK REHABILITATION LIST
ADDITIONAL LOCATIONS TO BE CONSTRUCTED, IF FUNDS ARE AVAILABLE
Madison I I
53 SE Av./Crested Butte 55
54 I NW Naples St./Broadway I 61 I
55 1097 Madison Avenue I 44 I I I
56 1073 Madison A venue I I 55 Yes
57 1071 Madison Avenue 75
58 1071 Madison Avenue 75
59 SE on Av./Crested Butte St. 30 I
60 1060 Madison Avenue 65
61 I 1070 Madison Avenue 45 I
62 1082 Madison Avenue 50
,- 1098 Madison Avenue
I 63 45
I 64 NW adison Av./Naples St. 245
I~ 65 I 626 Jefferson Avenue 196
II 66 1057 Jefferson Avenue 30 I
:...... 67 1053 Jefferson Avenue 60
I 68 1066 Jefferson Avenue 100 Yes
r 69 1070 Jefferson Avenue 50
r- 70 632 Naples St./Broadway 25 I I I
L
! 71 I 1097 Oak lawn Avenue 105 I
~ 72 I 1093 Oaklawn Avenue 75
73 1085 OakJawn Avenue 40 50
I 74 1065 Oaklawn Avenue 100 I
1 75 1056 Woodlawn Avenue I I 65
f I ,
I I I I I I I
ArrACHMEN;_~,
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 10 1-0 1, prior to any action upon matters that will require discretlOnary action by the
CouncIl, Planning Commission and all otber official bodies of the City, a statement of disclosure of certam
ownership or fmancial interests, payments, or campaign contributions for a City ofChula Vista election must
be filed. The following information must be disclosed:
1. List the names of all persons having a fmancial interest in the property that is the subject of t':1e
application or tbe contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
~ 'Ln 0, =-rDG .
dQn-t (V
0':)) Ij!l~~ thsl~.{rJ) ~()(iS _
2. If any person' identi:fied pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in tbe business (corporation/partnership) entity.
~~~~~ ~fmWOr<J
3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of
any person serving as director of tbe non-profit organization or as trustee or beneficiary or trustor of
the trust.
f-lj A
4. Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before tbe City in this matter.
N/A
S. Has any person' associatei:lWith this contract had any fmancial dealings witb an official" oftbe City
of Chula Vista as it relates to this contract within the past 12 montbs? Yes No
tJlA -
,
"9
M :\r;ng;i]c;>r\D ESICNISTL19 5\Fina 1-::'0 ld~r\STr ~ '!91l R ~/ - WA C; E-CONTf.~t\CTdoc
If Yes, briefly describe the nature of the financial interest the official*' may have in this
contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No v Yes _ If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official*' of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money
to retire a legal debt, gift, loan, etc.) Yes _ No..::::::::...
If Yes, which official*' and what was the nature of item provided?
Date.\\f\\ )n('( i21,2C01
.
Person is defined as: any individual, finn, co-partoership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as a
unit
;<0:*
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the Oty, employee, or staff members.
M :\Ellginef':-\DESrGN\STl.295'Yinn i ,FolJer\STL295 j~.E\>~\I//.c;~' -C0~:TP,.~. C:T.drl'~
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "CDBG SIDEWALK REMOVAL AND
REPLACEMENT FY 06-07 AT VARIOUS LOCATIONS (STL-
295)" PROJECT TO KOCH-ARMSTRONG GENERAL ENG.
INC. IN THE AMOUNT OF $154,169.30 AND AUTHORIZING
THE EXPENDITURE OF ALL A V AILABLE
CONTINGENCIES IN THE PROJECT.
WHEREAS, on January 31, 2007, the Director of General Services received sealed bids
for the for the "CDBG Sidewalk Removal and Replacement FY 06-07 at Various Locations (STL-
295)" project.; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the National Environmental Policy Act (NEPA) and has determined that the
project qualifies for a Categorical Exclusion (subject to 58.5) pursuant to Section 24 of the Code
of Federal Regulations 58.35(a), subsection 1 [Acquisition, repair, improvement, reconstruction,
or rehabilitation of public facilities & improvements; e.g. curbs, sidewalks, repaving streets] and
has also reviewed the proposed project for compliance with the California Environmental
Quality Act (CEQA) and has determined that the project qualifies for a Class 1 categorical
exemption pursuant to Section 15301 of the State CEQA Guidelines and no further
en vironmental review is necessary; and
WHEREAS, the low bid by Koch-Armstrong General Eng. Inc. is below the Engineer's
estimate of $186,222.80 by $32,053.50 or 17%, the contractor has done several capital
improvement projects in the city, and its work has been satisfactory; and
WHEREAS, City Council Policy 574-01 authorizes the Director of Public Works
Operations' to approve change orders as necessary up to 10% of the contract amount. This
resolution would authorize the Director of Public Works Operations to approve changes up to the
total contingency amount.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept bids and award the contract for the "CDBG Sidewalk Removal and
Replacement FY 06-07 at Various Locations (STL-295)" project to Koch-Armstrong General Eng.
Inc., of Lakeside, CA for $154,169.30.
11-10
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista does
hereby authorize the Director of Public Works Operations to approve change orders up to the
total contingency amount
Presented by
Approved as to form by
, ~ '
......,'-. \, I ".,.f' ,
. ""''N0-,N "~,,.\'''
Ann Moore
City Attorney
Jack Griffin
Director of General Services
M:\General Services\GS Administration\Council Agenda\STL.295\STL295 Reso for Award. doc
11-11
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING INTERPROJECT
TRANSFERS FROM EXISTING CAPITAL IMPROVEMENT
PROJECTS TO THE "CDBG SIDEWALK REMOVAL AND
REPLACEMENT FY 06-07 AT VARIOUS LOCATIONS (STL-
295)" PROJECT.
WHEREAS, on January 31, 2007, the Director of General Services received sealed bids
for the for the "CDBG Sidewalk Removal and Replacement FY 06-07 at Various Locations (STL-
295)" project.; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the National Environmental Policy Act (NEPA) and has determined that the
project qualifies for a Categorical Exclusion (subject to 58.5) pursuant to Section 24 of the Code
of Federal Regulations 58.35(a), subsection 1 [Acquisition, repair, improvement, reconstruction,
or rehabilitation of public facilities & improvements; e.g. curbs, sidewalks, repaving streets] and
has also reviewed the proposed project for compliance with the California Environmental
Quality Act (CEQA) and has determined that the project qualifies for a Class 1 categorical
exemption pursuant to Section 15301 of the State CEQA Guidelines and no further
environmental review is necessary; and
WHEREAS, staff is recommending transferring a total amount of $279,726 from existing
CDBG funded projects to STL-295; and
WHEREAS, the projects from which the transfers will be made from have been identified
as either complete and/or scope of work is the same work as described for STL-295.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize inter-project transfers from existing capital improvement projects to
the "CDBG Sidewalk Removal and Replacement FY 06-07 at Various Locations (STL-295)"
Project.
Presented by
Approved as to form by
~~~\:\.'rll\~
,
Ann Moore
City Attorney
Jack Griffin
Director of General Services
M:\General Services\GS Administration\Council Agenda\STL-295\STL295 Reso for Transfer of Funds.doc
11-12
CITY COUNCIL
AGENDA STATEMENT
February 6, 2007, Item ; c~
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
LEGISLATIVE REPORT FROM ADVOCATION, INe.
ASSISTANT CIT~NAGE~l,,", 0w"7
CITY MANAGER J I D
BACKGROUND
The City of Chula Vista retains the services of Advocation, Inc., a Sacramento-based
lobbying firm that assists the City in identifying, reviewing, tracking and affecting the
passage of legislation in the State Capitol. At the Council's request, representatives from
the fIrm will present a report on which issues are the focus .of attention in the Legislature and
in the Governor's office for the session that has just been convened, what outcomes the
State's leaders hope to achieve, and which members of the Legislature are expected to shape
those outcomes.
4/5THS VOTE: YES D NO 0
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity is not a "Project" as defmed under Section 15378 of the State CEQA
Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Accept the report and provide direction to staff and to Advocation, Inc.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
At the January 9, 2007 meeting of the Chula Vista City CouncillRedevelopment Agency,
the CouncillBoard (Council) requested that the proposed contract with Advocation, Inc.
be amended to require a minimum of two presentations by the firm each year to provide
the Council with information on activities in Sacramento, how those might affect Chula
Vista, and what actions the firm is taking on the City's behalf.
Tonight's presentation will include an overview of those issues that have moved to the
forefront of the State Legislative agenda for the recently convened two-year session, a
discussion of what outcomes the Administration and the Legislature hope to achieve with
12-1
February 6, 2007, ItemJL
Page 2 of2
respect to those issues, and which members of the Senate and Assembly are anticipated to
take the lead in achieving those outcomes. This is also an opportunity for the Council to
publicly discuss legislative priorities for the coming session.
Finally, as a result of the Council's action on December 19, 2006 to place the
responsibilities formerly held by the Intergovernmental Affairs Coordinator under the
office of the City Manager, the following protocols have been enacted:
. Communications Manager Colleen Carnevale has absorbed the duties for managing
the Advocation contract, and will be responsible for reviewing and (with the
assistance of other city staff) analyzing legislative proposals as they are introduced.
. Proposals that fall within the guidelines of the City's adopted Legislative Program
will be submitted to the Legislative Committee with a recommendation to support,
oppose or attempt to amend the proposal.
. With the Legislative Committee's concurrence, the Communications Manager and
Advocation will advance the City's position through letters, meetings with
legislators, testimony before various State committees or agencies, etc.
. Measures that do not fall within the guidelines of the Legislative Program, but are
seen as having a significant impact on the City or its operations, will be submitted to
the entire Council for consideration and direction.
. Quarterly reports will be given to the Council by the City Manager's office,
indicating what proposals the City is supporting or opposing, what actions have been
taken to advance the City's position, and what legislative or administrative actions
are taking place that are of interest or concern to Chula Vista.
. A year-end report will also be given to the Council, summarizing the activities of the
past session and the results of the actions undertaken on the City's behalf.
Staff is assessing the City's Legislative Program, which has not been comprehensively
evaluated or revised in several years. This document will be submitted to the Legislative
Committee and then to the Council as an information item for review and comment in the
next few months, and subsequently brought forward as an agenda item for formal adoption.
DECISION MAKER CONFLICT
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 1 8704.2(a)(l) is not applicable to this decision.
FISCAL IMPACT
There is no direct fiscal impact associated with accepting this report. Council direction to
pursue specific legislative goals (i.e. obtain funding for certain projects, amend existing
law to increase local government revenues) may result in a fiscal impact, however that
cannot be anticipated at this time.
ATTACHMENTS
None
Prepared by: Colleen M Carnevale, Communications Manager, Office of the City Manager
12-2
CITY COUNCIL
AGENDA STATEMENT
02/06/2007 Item 13
ITEM TITLE:
Resolution of the City Council amending the Fiscal Year
2006-2007 City Council Budget in accordance with the
Budget Transfer Policy; approving, in concept, the selection
of Economic & Planning Systems (EPS) as the consultant to
perform an Independent Financial Review of the City of
Chula Vista; and directing the City Manager to proceed with
contract negotiations.
SUBMITTED BY:
INDEPENDENT FINANCIAL REVIEW
SUBCOMMITTEE (MAYOR COX AND
MEMBER CASTANEDA)
COUNCIL
COUNCIL
4/STHS VOTE: YES 0 NO D
BACKGROUND
At the December 5, 2006 Council Meeting Mayor Cox presented her 10-point action
plan. Her first point of action was:
"An Independent Financial Review of the City's finances, to first put the City's
financial house in order, to accomplish the many projects that lie ahead and
achieve our goals for our community"
In consultation with the Independent Financial Review Council Subcommittee, the
Interim City Manager issued a Request for Proposal (RFP) dated January 4, 2007. The
completed proposals were due by January 16,2007 at 5 P.M. The RFP indicated that the
proposals would be analyzed and the award would be made to the most responsive and
responsible bidder whose proposal, in the opinion of the Council subcommittee, best
meets or exceeds the requirements in the Scope of Work and is considered to be most
advantageous to the City.
ENVIRONMENTAL REVIEW
Not applicable.
13-1
02/06/2007 Item Jl
Page 2 of3
RECOMMENDATION
That Council adopt the resolution amending the Fiscal Year 2006-2007 City
Council Budget by transferring $40,000 from the personnel category to the
supplies and services category to provide the funding for the Independent
Financial Review; approving, in concept, the selection of Economic & Planning
Systems to perform an Independent Financial Review of the City of Chula Vista
for a not to exceed cost of $40,000; and directing the City Manger to proceed with
contract negotiations and contract execution.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The Scope of Work for the Independent Financial Review (Review) is intended to
provide a baseline assessment of the current and medium term financial health of the City
of Chula Vista and its Redevelopment Agency, particularly in assessing current
implications of the past use of financial resources (e.g. MODs, use of redevelopment
funds), the current fmancial direction, and recommended course changes in light of debt,
obligations, and expenditure levels relative to revenue sources that include but are not
limited to fees, property and sales tax, tax increment, and developer impact fees.
The City's accounting procedures have been audited and are not a subject of this Review.
If, however, during the course of the Review, financial issues of accounting procedures
relative to the City's fmancial health are discovered, these shall be identified.
The Review should use existing financial materials and reports provided by the City
(including, but not limited to, three years of Comprehensive Annual Financial Reports
(CAFRs), audits, budgets and mid-period reviews, bond statements, state mandated
annual redevelopment reports and any financial forecasts and assessments performed by
staff or consultants) to prepare an assessment of the City's current fmancial condition and
a five-year forecast.
Desired results:
· A summary of the current approach used by the City in managing its finances;
· A review of the current state of City's financial condition relative to trends in
revenues and expenditures, use of debt, development and demographic changes,
sufficiency of reserves, and identify opportunities and threats;
· A determination of and focus on the most pressing factors on the City's financial
condition, to include best case, worst case, and most likely scenarios for the
operating budget over a five to ten-year period;
13-2
02/06/2007 Item~
Page 3 of3
. A review of capital, infrastructure, and maintenance commitments and spending;
. A review of the past and current use and capability oftax increment financing as a
means of promoting redevelopment;
. An assessment of the financial implications of unfunded retirement liability; and
· Recommendations for strengthening Chula Vista's financial condition with
respect to long-term sustainability.
The finished product should provide the City Council, City staff and the incoming City
Manager with a baseline assessment of how the City of Chula Vista is positioned
financially for the present and near future. A fiscal forecast of five to ten years,
forecasting revenues and expenditures and balancing them against the last year (e.g., year
2012) of the forecast should reflect the anticipated facilities and major expenditures
during the five and ten-year periods.
DECISION MAKER CONFLICT
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 1 8704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT
Approval of this resolution will result in no net impact to the General Fund. The $40,000
proposed to fund the Independent Financial Review is available based on anticipated
savings within the City Council's operating budget from reducing the Coastal
Environmental Land Use Consultant position from full-time to half-time.
ATTACHMENTS
A. Request for Proposal of an Independent Financial Review
B. Economic & Planning Systems Proposal
Prepared by: Dan Forster, Chief of Staff, Mayor's Office
13-3
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~~?"~
AAachmen+A
em' OF
CHULA VlSfA
OFFICE OF THE CITY MANAGER
January 4, 2007
REQUEST FOR PROPOSAL
INDEPENDENT FINANCIAL REVIEW
The City of Chula Vista is requesting proposals for an Independent Financial Review intended to provide a
baseline assessment of the City ofChula Vista's current and future fmancial health in accordance with the
enclosed Scope of Work, and the City ofChula Vista Standard Terms and Conditions. A sample of the
City's standard two party agreement is included for informational purposes. (Agreement to be completed
after award.) This is an informal bid with an anticipated value of$30,000.
Proposals will be analyzed and award will be made to the most responsive and responsible bidder whose
proposal, in the opinion of the Council subcommittee, best meets or exceeds the requirements in the Scope
of Work and is considered to be most advantageous to the City. Price and other factors will be considered
including the operational requirements of the City and any other factors which will result in the optimum
economic benefit to the City.
Completed proposals to be received by the City on or before
January 16,2007 at 5:00 PM.
Point of contact is Finance DirectorlTreasurer Maria Kachadoorian.
Questions should be submitted in writing via email:
E-mail address:
rnkachadoorian@ci.chula-vista.ca.us
Telephone number:
619-691-5051 Ex!. 3119
Thank you for your interest in working with the City of ChuIa Vista.
.U/~
~~ ~omson
lnteriro City Manager
276 FOURTH AVENUE. CHULA VISTA. CA,I~~R,/'lIA 91910. (619) 691-5031 . (619) 409-5884
@ Post.consu~r Re~led Paper
SCOPE OF WORK: INDEPENDENT FINANCIAL REVIEW
This Scope of Work for an Independent Financial Review (Review) is intended to provide a
baseline assessment of the current and medium term financial health of the City of Chula Vista
and its Redevelopment Agency, particularly in assessing current implications of the past use of
financial resources (e.g., MOUs, use of redeveiopment funds), the current financial direction, and
recommended course changes in light of debt, obligations, and expenditure levels relative to
revenue sources that include but are not limited to fees, property and sales tax, tax increment,
and developer impact fees.
The City's accounting procedures have been audited and are not a subject of this Review. If,
however, during the course of the Review, financial issues of accounting procedures relative to
the City's financial health are discovered, these shall be identified.
The Review should use existing financial materials and reports provided by the City (including,
but not limited to, three years of Comprehensive Annual Financial Reports (CAFRs), audits,
budgets and mid-period reviews, bond statements, state mandated annual redevelopment reports
and any financial forecasts and assessments performed by staff or consuitants) to prepare an
assessment of the City's current financial condition and a five-year forecast.
Desired results:
. A summary of the current approach used by the City in managing its finances;
. A review of the current state of City's financial condition relative to trends in revenues and
expenditures, use of debt, development and demographic changes, sufficiency of
reserves, and Identify opportunities and threats;
. A determination of and focus on the most pressing factors on the City's financial
condition, to include best case, worst case, and most likely scenarios for the operating
budget over a five or ten-year period
. A discussion of the financial implications of current and additional support for continued
residential and commercial development in newer areas and il) supporting projects such
as the baytront and urban core;
. A review of capital, infrastructure, and maintenance commitments and spending;
. A review of the past and current use and capability of tax increment financing as a means
of promoting redevelopment;
. An assessment of the financial implications of unfunded retirement liability; and
. Recommendations for strengthening Chula Vista's financial condition with respect to long
term sustainability.
The finished product should provide the City Council, City staff and the incoming City Manager
with a baseline assessment of how the City of Chula Vista is positioned financially for the present
and near future. A fiscal forecast of five to ten years, forecasting revenues and expenditures and
balancing them against the last year (e.g., year 2012) of the forecast should reflect the
anticipated facilities and major expenditures during the five- and ten-year periods.
Products:
. Final report with an executive summary, key findings, conclusions, and
2
13-5
recommendations in MS Word and/or Excel format
. Oral presentation of findings and recommendations with accompanying graphics suitable
for presentation (e.g.. PowerPoint) to the City Council and to the community in a public
meeting.
City staff are committed to being immediately available to the reviewer/s and responsive to
reviewer/s' requests for information. Documents including the CAFRs. Redevelopment Agency
financial statements, quarterly reports, rating agency reports, draft form for infrastructure needs.
and bond documents are currently being assembled in a single location for the Review.
The consultant's point of contact is City Treasurer Maria Kachadoorian.
m kachadoorian lalci.chu la-vista.ca. us.
Response to this scope of work shall be received by the City on or before January 16. 2007 at
5:00 PM.
Duration of project: 45 - 60 days
Estimated cost, including expenses: $30.000
The City reserves the right further to negotiate the proposed work scope and/or method and
amount of compensation.
3
13-6
TERMS AND CONDITIONS
1. Upon acceptance oftbe bid, the City will purchase materials and/or services as descnbed herein for prices set
forth on the order, and in accordance with all specifications.
2. V cndar shall not assign nor delegate duties or responsibilities under this agreement, in whole or in part, without
prior written approval of the City.
3. Vendor shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes, as may be
related to the performance of duties under this agreement. In addition, all applicable pemrits and licenses
required shall be obtained by the vendor, at vendor's sole expense.
4. The terms and conditions contained herein constitute the entire agreement between both parties and supersede
all previous communications, whether oral or written. The terms and conditions of this agreement shall
prevail over any conflicting. additional, or other terms and conditions appearing on any writing or
acknowledgment by the vendor. No change to this agreement shall be valid unless made in writing and
sigued by both parties.
5. The detailed requirements of the specifications shall supersede any general reference made within this
agreement. Specific brand names, manufacturers, and model numbers referenced shall be provided unless
prior explicit approval has been obtained from the City.
6. In the event that anyone or more of the provisions of this agreement shall be found to be invalid, illegal, or
unenforceable, the remaining provisions shall remain in effect and enforceable.
7. Prompt payment discounts offered of less than fifteen (15) calendar days will not be considered in evaluating
bids for award. However, offered discounts of less than fifteen (15) days may be taken if payment is made
within the discount period. In the absence of discount terms, invoices shall be net thirty (30) days from the
date ofmateriaVservice acceptance or invoice receipt, whichever is later.
8. Unless otherwise specified, acceptance will be at destination and will be made by an authorized employee or
representative of the City. Until delivery and acceptance, risk of loss is the vendor's responsibility.
9. Should work be required on City premises, vendor shall provide proof of liability and property damage
insurance prior to performance of duties. Coverage shall be from a company authorized to transact business
in the State of California and shall be in an amount not less than $1,000,000 combined single limit (CSL).
The City of Chula Vista shall be named as an additional insured and thirty (30) days notice of cancellation
shall be indicated. Worker's compensation covemge for each employee engaged in work on City premises is
required. Vendor is solely responsible for all insurance premium payments.
10. Vendor shall defend, indemnify, protect and bold harmless the City, its elected and appointed officers,
employees, and agents, from and against all claims for damages, liability, and expenses (including attorney's
fees) arising out of this agreement and/or vendor's performance hereunder, except as to damages, liability,
and expenses due to the sole negligence or willful acts of the City, its officers, employees, or agents.
11. Any information deemed confidential or proprietary by the vendor shall be clearly identified. Such information
will be protected and treated with confidentiality only to the extent pemritted by law. Otherwise, information
provided shall be considered public record.
12. In the event of a dispute, both parties agree to discuss the issue, ascertain the facts, and work together in good
faith to arrive at an equitable and mutually acceptable solution.
13. The City may temrinate this agreement and be relieved of any consideration to the vendor should vendor fail to
perform in the manner herein described. Furthermore, the City may terminate this agreement for any reason,
without penalty, upon giving thirty (30) days written notice to the vendor. In the event of termination, the
full extent of City liability shall be limited to payment for materials and/or services authorized by and
received to the satisfaction of the City.
14. This agreement shall be governed by and interpreted according to the laws of the State of California, County
of San Diego.
4
13-7
Parties and Recital Page(s)1
Agreement between
City of Chula Vista
and
[Name of Consultant]2
for [type of services, i.e., Sewer Consulting Services]
This agreement ("Agreement")), dated for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise specified in
Exhibit A, Paragraph I, is between the City-related entity as is indicated on Exhibit A,
Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and
the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form
is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following
facts:
Recitals4
Whereas,
; and,
Whereas,
; 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;
(End of Recitals. Next Page starts Obligatory Provisions.)
1. This page will need to be special for each contract.
2. Brackets are a prompt to imply that a substitution of information is called for.
3. Use this parenthetical technique to define terms or concepts to shorten references to them
later in the Agreement.
4. Use the recitals to define terms or concepts to shorten references to them later in the
Agreement. If property is involved in the agreement, a typical "whereas" clause may be
included:
"Whereas, the property which is the subj ect matter ofthis
Agreement is commonly lmown as , and is
legally described as set forth in the attached Exhibit
("Property"); and,"
,-
13-8
Page 1
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 perfOlming 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 8lld deliverables required in the Scope of Work and
Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defmed
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 perfonned by the Consultant under tIns Agreement. Upon doing so, City
8lld Consultant agree to meet in good faith and confer for the purpose of negotiating a
cOlTesponding 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,
COnSUlt8llt shall perform same on a time and materials basis at the rates set fortll in the "Rate
Schedule" in Exhibit A, Paragraph lO(C), unless a separate fixed fee is otherwise agreed upon.
All compensation for Additional Services shall be paid montllly as billed.
E. Standard of Care
Consultant, in performing any Services under tins agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent witll that level of care and skill
ordinarily exercised by members of tile profession currently practicing under similar conditions
8lld in similar locations.
13-9
Page 2
F. Insurance
Consultant must procure insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work under the
contract and the results of that work by the Consultant, his agents, representatives, employees or
subcontractors and provide documentation of same prior to commencement of work. The
insurance must be maintained for the duration of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
(I) Insurance Services Office Commercial General Liability coverage (occurrence Form
CGOOOl).
(2) Insurance Services Office Form Number CA 0001 covering Automobile Liability,
Code I (any auto).
(3) Workers' Compensation insurance as required by the State ofCalifomia and
Employer's Liability Insurance.
(4) Professional Liability or ElTors & Omissions Liability insurance appropriate to the
Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
I. General Liability:
(Including operations,
products and completed
operations, as applicable)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
4. Professional Liability or
Errors & Omissions
Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance
with a general aggregate limit is used, either the general
aggregate limit must apply separately to this project/location or
the general aggregate limit must be twice the required occurrence
limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
$1,000,000 each occurrence
Deductibles and Self-Insured Retentions
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Page 3
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option ofthe 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
Consultant will provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations, claim administration, and defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
(I) 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 ofthe Consultant, where applicable,
and, with respect to liability arising out of work or operations performed by or on
behalf of the Consultant, including providing materials, parts or equipment furnished
in comlection with such work or operations. The general liability additional insured
coverage must be provided in the fornl of an endorsement to the contractor's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
(2) The Consultant's General Liability insurance coverage must be primary insurance as
it pertains to the City, its officers, officials, employees, 'agents, and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees,
or volunteers is wholly separate from the insurance of the contractor and in no way
relieves the contractor from its responsibility to provide insurance.
(3) The insurance policy required by tlus clause must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested.
(4) Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
(5) Consultant's insurer will provide a Waiver of Subrogation in favor of the City for
each required policy providing coverage during the life of this contract.
If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions
coverage are written on a claims-made form:
(1) The "Retro Date" must be shown, and must be before the date of the contract or the
begim1ing of the contract work.
(2) Insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the contract work.
13-11
Page 4
(3) If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a "Retro Date" prior to the contract effective date, the Consultant
must purchase "extended reporting" coverage for a minimum of five (5) years after
completion of contract work.
(4) A copy of the claims repOliing requirements must be submitted to the City for review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State of
Califomia 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 ofCalifomia List of Eligible Surplus
Lines Insurers ("LESLI") with a current A.M. Best's rating of no less than A X. Exception may
be made for the State Compensation Fund when not specifically rated.
V erification of Coverage
Consultant shall fumish the City with Oliginal certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance industry
forms, provided those endorsements or policies confonn to the contract requirements. All
certificates and endorsements are to be received and approved by the City before work
conunences. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these
specifications.
Subcontractors
Consultants must include all sub consultants as insureds under its policies or fumish separate
certificates and endorsements for each subconsultant. All coverage for subconsultants are subject
to all of the requirements included in these specifications.
G. Security for Performance
(1) Performance Bond
In the event that Exhibit A, at Paragraph 18, indicates the need for Consultant to provide
a Perfonnance 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 perfoID1ance bond in the fonn presclibed by the City and by such sureties which are
authorized to transact such business in the State of Califomia, listed as approved by the United
States Department of Treasury Circular 570, http://,,,^,vw.fms.treas.gov/c570, and whose
underwriting limitation is sufficient to issue bonds in fue 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 otl1erwise 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
13-12
Page 5
limits so required. Foml 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 Exhibit A,
Paragraph 18.
(2) Letter of Credit
In the event that Exhibit A, at Paragraph 18, 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 Exhibit A, Paragraph 18.
(3) Other Security
In the event that Exhibit A, at Paragraph 18, 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.
H. 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 obj ectives of this agreement. The City shall permit access to its office facilities, files
and records by Consultant throughout the teml of the agreement. In addition thereto, City agrees
to provide the infOlmation, data, items and materials set forth on Exhibit A, Paragraph 9, and
with the further understanding that delay in the provision ofthese materials beyond thirty (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 17, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 17, City shall compensate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
13-13
Page 6
in Exhibit A, Paragraph 10, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in Paragraph 18 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 11.
All billings submitted by Consultant shall contain sufficient infonnation 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 17(C)
to be charged upon malong such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 12, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term
This Agreement shall terminate when the Parties have complied with all executory provisions
hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 13.
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
perfomlance. 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 tins
Agreement shall result in the following penalty: For each consecutive calendar day in excess of
the time specified for the completion of tile respective work assignment or Deliverable, the
Consultant shall pay to the City, or have withlleld from monies due, the sum of Liquidated
Damages Rate provided in Exlnbit A, Paragraph 13 ("Liquidated Damages Rate").
Time extensions for delays beyond the Consultant's control, other tllan 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 tile 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
13-14
Page 7
If Consultant is designated on Exhibit A, Paragraph 14, 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 14 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
govemmental 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 detemlined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict witll 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 ofthis 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
leams of an economic interest of Consultant's that 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 tlle 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 Defmed Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph 14.
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
13-15
Page 8
Cc}UsultantAssociates in cOlmection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be made during the Teml of
this Agreement, or for twelve months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for twelve 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 that may be in conflict with Consultant's responsibilities under this Agreement,
except with the written pelmission of City.
7. Hold Hannless
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 finns for
whom Consultant is legally responsible in cOlmection 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 hannless the City, its elected and appointed officers
and employees, from and against all claims for damages, liability, cost and expense (including
without linlitation attomeys fees) except for those claims arising from the negligence or willful
misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the City, its officers, agents or employees in defending against such claims,
whether the same proceed to judgment or not. Consultant's obligations under this Section shall
not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations
under this Section shall survive the termination of this Agreement.
For those professionals who are required to be licensed by the state (e.g. architects and
engineers), the following indemnification provisions should be utilized:
(1) Indemnification and Hold Harmless Agreement
With respect to any liability, including but not limited to claims asserted or costs, losses,
attomey fees, or payments for injury to any person or property caused or claimed to be caused by
the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, aJising
13-16
Page 9
out of any services perfomled involving tillS project, except liability for Professional Services
covered under Section x'Z, the Consultant agrees to defend, indemnify, protect, and hold
harmless the City, its agents, officers, or employees from and against all liability. Also covered is
liability alising from, cormected 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 wim the active or passive negligent acts or onllssions ofthe Consultant, its
employees, agents or officers, or any tlllrd party. The Consultant's duty to indemnify, protect and
hold hmnless shall not include any claims or liabilities arising from the sole negligence or sole
willful misconduct of me City, its agents, officers or employees. This section in no way alters,
affects or modifies tile Consultant's obligation and duties under Section Exhibit A to tillS
Agreement.
(Z) Indemnification for Professional Services.
As to me Consultant's professional obligation, work or services involving this Project,
the Consultant agrees to indemnify, defend alld hold harmless the City, its agents, officers and
employees from and against any and all liability, claims, costs, and dalTIages, including but not
limited to, attomeys fees, losses or payments for injury to my person or property, caused directiy
or indirectly from tile negligent acts, errors or onllssions of tile Consultal1t or Consultmt's
employees, agents or officers; provided, however, that the Consultmt's duty to indemnify shall
not include any claims or liability msing from tile negligence or willful nllsconduct of me City,
its agents, officers and employees.
8. Termination of Agreement for Cause
If, through allY cause, Consultant shall fail to fulfill in a timely alld proper mmer
Consultallt's obligations under this Agreement, or if Consultant shall violate any of tile
COVenallts, agreements or stipulations of this Agreement, City shall have me right to terminate
tills Agreement by giving written notice to Consultant of such tem1ination and specifying tile
effective date thereof at least five (5) days before the effective date of such tem1ination. In tilat
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and
other materials prepal"ed by Consultant shall, at tile option of the City, become the property of tile
City, and Consultant shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and omer materials up to the effective date of Notice
ofTemlination, not to exceed the alTIounts payable hereunder, alld less my dalTIages caused City
by Consultmt's breach.
9. En-ors and Omissions
In the event tilat me City Administrator detennines mat tlle Consultmts' negligence, elTors,
or omissions in the perfonnance of work under tillS Agreement has resulted in expense to City
greater thm would have resulted if there were no such negligence, elTors, onllssions, Consultant
shall reimburse City for my additional expenses incmred by the City. Nothing herein is intended
to limit City's rights under other provisions of this agreement.
10. Temllnation of Agreement for Convenience of City
13-17
Page 10
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 temlination. 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. lithe 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 otller materials to the effective date of such
tennination. Consultant hereby expressly waives any and all claims for damages or
compensation arising under tlus 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 tile assigmnent of the portions of tile Defined Services identified in
Exhibit A, Paragraph 16 to the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownerslup, 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 tlus Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under
tlus Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
Uluted States or in any other country without tile express written consent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the provisions of the
Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such repOlis, 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 tile mamler and means of performing the services required under
this Agreement. City maintains tile right only to reject or accept Consultant's work products.
Consultant and any ofthe Consultant's agents, employees or representatives are, for all purposes
under tlus Agreement, an independent contractor and shall not be deemed to be an employee of
City, and none of tllem 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 Witll regard thereto.
14. Adnlinistrative Claims Requirements and Procedures
13-18
Page 11
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 Chuhl. Vista Municipal Code, as
same may from time to time be amended, the provisions of which are incorporated by tIns
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 tIle terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of tIns Agreement result in litigation, it is agreed that tIle
prevailing party shall be entitled to a judgment against fue other for an amount equal to
reasonable attomey's fees and court costs incurred. The "prevailing party" shall be deemed to be
the party who is awarded substantially tIle relief sought.
16. Statement of Costs
In tIle event that Consultant prepares a report or document, or participates in tIle preparation
of a report or document in performing tIle Defmed Services, Consultant shall include, or cause
the inclusion of, in said report or document, a statement of the numbers and cost in dollar
amounts of all contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 15 is marked, fue Consultant and/or their principals is/are
licensed with tIle 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 tllis
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, witIl return receipt
requested, at the addresses identified herein as the places of business for each of the designated
parties.
13-19
Page 12
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it has
legal authority and capacity and direction from its principal to enter into this Agreement, and that
all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue.
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of Califomia, and if applicable, the
City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance
hereunder, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
13-20
Page 13
Signature Page
to
Agreement between
City of Chula Vista
and
[N ame of Consultant]
for
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:
City of Chula Vista
By:
Stephen Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to fmm:
Ann Moore, City Attorney
Dated:
[Name of Consultant]
By:
[Name of Person, Title]
By:
[Name of Person, Title]
Exhibit List to Agreement
( ) Exhibit A.
13-21
Page 14
Exhibit A
to
Agreement between
City of Chula Vista
and
[Nan1e of Consultant]
1. Effective Date of Agreement:
2. City-Related Entity:
) City ofChula Vista, a municipal chartered corporation of the State of California
) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of
California
( ) Industrial Development Authority of the City ofChula Vista, a
( ) Other:
, a [insert business form]
("City")
3. Place of Business for City:
City of Chula Vista
276 FOUlih Avenue
Chula Vista, CA 91910
4. Consultant:
5. Business F orn1 of Consultant:
( ) Sole ProPlietorship
( ) Partnership
( ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
[Address]
[City], California 9
Voice Phone: (619)
Fax Phone: (619)
13-22
Page 15
7. General Duties)
8. Scope of Work and Schedule:
A. Detailed Scope ofWork:2
B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliver abIes:
Deliverable No.1:
Deliverable No.2:
Deliverable No.3:
D. Date for completion of all Consultant services:
1. In a clear and straight forward fashion, describe what you want the Consultant to do on what
project, or on what aspect of what project. E.g.:
Consultant shall design a bridge across the Otay River at the point
where Otay Valley Road crosses said river, which design shall be
to the specifications herein below provided or to standards set by
the Public Works Director, and Consultant shall provide
construction administration services if and when the bridge is
eventually let for construction according to said design.
2. Do not include simply a letter or proposal from the consultant at this point because it will
probably contain gratuitous comments or references to duties that will contradict the
obligatory provisions of the standard agreement. List the detailed method by which you want
the Consultant to accomplish the general duties.
13-23
Page 16
9. Materials Required to be Supplied by City to Consultant:
10. Compensation:
A. ( ) Single Fixed Fee Arrangement.]
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount:
, payable as follows:
Milestone or Event or Deliverable
Amount or Percent of Fixed Fee
) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. ( ) Phased Fixed Fee An'angement.
For the performance of each phase or portion of the Defrned Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
3. The difference between a single fixed fee amount with phased payments and a phased fixed
fee amount is that, in a single fixed fee amount all of the work is required for all of the
compensation. Payments are phased to help with consultant cash flow. In a phased fixed fee
alTangement, the City has the authority to cancel or require perfonnance under subsequent
phases, so that the compensation is due just for the phase of work required, and not for the
total amount.
13-24
Page 17
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase
1.
Fee for Said Phase
2.
$
$
$
"
.J.
( ) 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that; at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Contractor shall have represented in writing that
said percentage of completion of the phase has been performed by the Contractor.
The practice of maldng interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
C. ( ) Hourly Rate Arrangement
For performance ofthe Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the
following terms and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $
including all Materials, and other "reimbursables" ("Maximum Compensation").
(2) ( ) Limitation without Further Authorization on Time and Materials Arrangement
13-25
Page 18
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled
to any additional compensation without further authorization issued in writing and
approved by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Category of Employee
Rate Schedule4
Name of Consultant
Hourly Rate
$
$
$
$
$
) Hourly rates may increase by 6% for services rendered after [month], 20_, if delay
in providing services is caused by City.
II. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the perfonnance of services
herein required, City shall pay Consultant at the rates or anlounts set forth below:
( ) None, the compensation includes all costs.
Cost or Rate
$
$
$
$
$
$
$
$
$
$
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges, not to exceed $
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
4. Tins section should be completed in all cases--ifthe main compensation scheme is a "time
and materials arrangement" or for the purposes of requiring Additional Services.
13-26
Page 19
12. Contract Administrators:
C. 5
lty:
Consultant: 6
13. Liquidated Damages Rate:
( ) $
( ) Other:
per day.
14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
( ) Not Applicable. Not an FPPC Filer.7
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property and sources of income subject
to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments in business entities and sources of income that engage in
land development, construction or the acquisition or sale of real property.
( ) Category No.5. Investments in business entities and sources of income of the type
which, within the past two years, have contracted with the City ofChula Vista
5. Sample Completion:
Marilyn Poseggi, EnvirolIDlental Review Coordinator, Public Services Building,
276 Fourth Avenue, Chula Vista, CA 91910, (619) 691-5104.
6. Sanle as address etc. on Exh. A, p.l, plus name of lead contact.
7. If Consultant, in the performance of its services under this agreement: (1) conducts research
and arrives at conclusions with respect to its rendition of information, advice,
recommendations or counsel independent of the control and direction of the City or of any
City official, other than normal contract monitoring; and (2) possesses no authority with
respect to any City decision beyond the rendition of information, advice, recommendations or
counsel, Consultant should not be designated as an FPPC Filer.
13-27
Page 20
(Redevelopment Agency) to provide services, supplies, materials, machinery or
equipment.
( ) Category No.6. Investments in business entities and sources of income ofthe type
which, within the past two years, have contracted with the designated employee's
department to provide services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants:
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number:
13-28
Page 21
;
18. Security for Perfonnance
( ) Perfonnance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
) Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either tile following "Retention Percentage" or "Retention
Amount" until the City detelmines that the Retention Release Event, listed below, has
occurred:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consult31lt Services
( ) Other:
.I:\Attomey\CINDYMc\2PTY14 Consultant Ins Rev 9 2\ 06 (FINAL).doc
13-29
Page 22
Atto.vh[))en+- "B
January 16, 2007
Economic &
Planning Systems
&al Estate E:tmomia:
Regional E:OIWm.ia
PublicF'm.an.ce
Land UuPolic)'
Jim Thompson.
Interim City Manager
276 Fourth Avenue
Chula Vista, California 91910
Subject: Transmittal of Proposal, Chula Vista Financial Review; EPS #17006
Dear Mr. Thompson:
1 am pleased to have the opportunity, on behalf of Economic & Planning Systems, Inc. (BPS,) to
prepare the attached proposal for conducting a financial review for the City of Chula Vista. As
you are aware, EPS has been serving the City in a number of capacities in recent years including
work on the Growth Management Program, the Urban Core Specific Plan financing, and the
Bayfront negotiations. This body of experience provides us with an understanding of
circumstances in Chula Vista as well as good working relationships with key staff that will need to
be involved. .
We understand that the financial review is intended to be a "high-level" effort focusing on the
strategic issues involved with Chula Vista's fiscal affairs and financing in the corning years.
However, the scope of the financial review, even at a high level, is daunting. Many complex issues
are involved, such as anticipating uncertain future events, detailed and complex financing
histories, actuarial analysis, and complex relationships between land use and municipal costs and
revenues. A disciplined effort will be required to stay on task and avoid unnecessary" drilling"
into details, while at the same time providing meaningful analysis. We estimate that the budget
for this effort will be $40,340, above the limit set forth in the Request for Proposals, but necessary
in our view to produce a responsive analysis.
This is an exciting time in Chula Vista and we are pleased to have the opportunity to help the City
set a course for its future fiscal and financial well-being. We have tried our best to articulate an
appropriate approach to the financial review and will be happy to discuss the matter further with
you and your staff.
Sincerely,
ECONOMIC & PLANNING SYSTEMS, lNc.
(N~~V'
Walter F. Kieser
Managing Principal
BERKELEY
2501 Ninth St., Suite 200 Phone: 510.841-9190
:tlerkc:ley, CA 94710-2515 Fax: 510.841-9208
www.epsys.com
V'
SACRAMENTO
Phone: 9Hi-649-8010
Fax: 916-649-2070
DENVER
Phone: 303-623-3557
Fax: 303-623-9049 .
13-30
Draft Work Pragram
Chula Vista Financial Review
January 16, 2007
PROJECT UNDERSTANDING
The City of Chula Vista finds itself at a threshold. For the past two decades, the City has
enjoyed rapid urban development on its eastside, creating new, highly desirable
neighborhoods and adding to the vitality of the City as a whole. However, the horizon for
completion of eastside development is in view. At the same time regional market conditions
have shifted, creating demand for higher density urban development located wit,hin the
existing older portions of the City including the downtown core and bayfront areas. Over
time, as the absolute amount of "greenfield" development diminishes, the City's emphasis will
shift from "building" to "sustaining" and "restoring" the City's urban fabric. Anticipating
these changes, the Request for Proposals (RFP) identifies seven topics to be addressed:
. Description of the City's current approach to managing its finances
. Review of the City's current financial condition
. Identification of "the most pressing (financing) factors" facing the City
. Evaluation of the fiscal performance and financial implications of new development
. Review of capital expenditures and financing .
. Review of the use of tax increment financing
. Assessment of the City's "unfunded retirement liability"
These seven financing topics are each weighty in their own regard; each could be a separate
project, requiring special expertise and a budget higher than what is currently proposed for
the overall study. Moreover, City staff, supported by consulting expertise, has continuously
undertaken considerable effort over the years to address each of these topics in one form or
another. For example, the Finance Department maintains a sophisticated fiscal forecasting
capability, which is used, as it is understood, to inform annual Budget decisions. The City's
Growth Management Program provides detailed analysis of the City's groWtl1 trends and
potential. The Development Impact Fee program tracks millions of dollars of capital
investment and related allocation of impact fee revenue and related sources of funds.
Accordingly, it is expected that considerable involvement of City staff will be necessary to
assure that prior and ongoing financial analysis, data, and controls are properly recognized.
The financial review will begin with an evaluation of the nature of the aforementioned "shift"
of emphasis in the City's development patterns. It will be followed with an assessment of
current financial conditions, liabilities, practices, and capacities in view of expected changes in
the pattern, quality, and quantity of development, along with baseline trends regarding
municipal government costs and revenues including ever-increasing defined benefit
retirement program liabilities and expected trends at the State level affecting local government
financing. .
Finally, the financial review will provide five- and ten-year fiscal forecasts and a. related set of
conclusions and actions for all seven financing topics, which will be presented to the City
Council following a round of technical review. Given constraints of budget and time,
additional, more specific analysis may be required for some topics to resolve critical questions
tl1at arise br to map a sound way forward.
1
M: \PropilSlll5 \ 17000s \17006chlllA_rist~ \ 17006ptext.dac
13-31
J),-aft Work Program
Chula Vista Financial Review
January 16,2007
TECHNICAL APPROACH
Given the broad scope and complexity of issues involved in the financial review, care will
need to be taken to avoid" data traps" or excessive analysis, at least in the first stage of the
effort. Accordingly, the assignment will be conducted as a high-level analysis involving
review of relevant information, policy, and data that can be provided by the City staff,
construction of a straightforward analytical framework for budget forecasting, and
formulation of conclusions and actions_ These actions may address issues identified under
each financing topic or, as has been mentioned, call for additional analysis to clarify or
quantify an issue.
. Review of existing data and analysis. The Consultant has completed several assignments
in Chula Vista in recent years and gained general familiarity with the City and its
budgeting and financial practices, at least in general. Existing documentation, including
current and prior budgets, Comprehensive Annual Financial Reports (CAFRs), audits,
bond official statements, and other formal reporting provide a wealth of information
regarding the Oty's financial position. These existing documents provided by the Oty
will form the basis of the fiscal and financial analysis
. Collaboration with Ci1;y staff. While the analysis will be independent, close collaboration
with City staff will be necessary to assure completeness and clarity regarding fiscal and
financial documentation. Collaboration will occur through a series of project meetings
with senior staff members and one-on-one interviews where more in-depth information is
required. .
. Focus upon key "change indicators". The broad scope of the assignment requires a "high-
level" approach to quickly identify the major" change indicators", those factors likely to
influence the City's fiscal and financial position in the future. The analysis will explore
how the City can, starting now, respond to these factors.
. Preparation of technical analysis. Technical analysis will build upon prior and ongoing
futancial analysis and modeling efforts conducted by the City staff in recent years. A
straightforward fiscal/financial model is proposed to identify and illustrate future budget
conditions in five and ten year horizons.
. Arriving at conclusions and action steps. The independent financial review will focus on
quickly and efficiently identifying potential problems and actions to avert such problems.
As such, the effort, when completed, will constitute a strategy composed of a series of
discrete actions directed at problems that have been identified.
2
M: \ PropoSJIIs \ 170005 \ 1700tidlldll_lIisl1l \17006pte::rt.doc
13-32
Draft Wo,-k Program
Chula Vista Financial Review
January 16, 2007
WORK PROGRAM
TASK 1- PROJECT INITIATION WORKSHOP
Initially, a comprehensive data request will be assembled for City staff_ Following receipt and
review of the requested data, the Consultant will conduct a daylong workshop with City staff
to discuss the financial review topics and make inquiries regarding data provided. This
workshop will assure that the Consultant has a complete set of relevant information from City
staff and that the staff has an opportunity to explain and elaborate on the topics, as may be
necessary. The workshop would be structured according to the financial review topics, with
the relevant, knowledgeable staff members joining the workshop as necessary to elaborate on
the topic and explore any issues.
A memorandum will be prepared following the workshop that summarizes what has been
discussed and agreed upon, including the production of documents and data, any revisions or
specifications of the work program, and the ongoing roles and relationships between the
Consultant and staff as the review proceeds.
TASK 2 - CITY BUDGET ANALYSIS AND FORECAST
Over the past two decades of growth and development, the City of Chula Vista has enjoyed
steady growth in its revenue base, while at the same time service costs needed to maintain and
improve service standards have continued to increase. The City has managed this process
successfully up to this date. All the normal indicators appear positive and sound, despite the
continuing challenges presented by an unstable State/local government fiscal regime,
continuing demands for improved employee benefits, and the vagaries of national economic
cycles.
As a part of this analysis, the standard indicators of fiscal soundness will be explored
including current (mid-year) budget conditions, evaluation of recent CAFRs, and forecasting
that is prepared by the City as a part of its budget preparation.
However, the key in this analysis will be the identification of the major trends, expected
events, or changes that will influence the budget in the future. This major trends include
endogenous factors such as reduced levels of development as the City nears "buildout", socio-
economic and demographic shifts, impacts of increasing defined benefit retirement obligations
and increasing maintenance expenditures, as well as exogenous factors such as changing
regional market conditions, expected changes in State law affecting municipal finance, and
national economic cycles. Given uncertainties regarding, these factors it will be important to
use "sensitivity analysis" to explore variations in these assumptions.
A straightforward fiscal modeling framework will be prepared to test and evaluate these
anticipated changes, set against a backdrop of the City's existing budget forecasting efforts.
This analytical effort will result in a quantitative assessment of fiscal trends at a five- and ten-
3
M:\Propasals\1700Ds\17DD6chulIUlisill\17005pte:ct.doc
13-33
Draft Work Program
Chula Vista Financial ReV1."ew
January 16, 2007
year time horizon, as required in the RFP. The analysis will also be directed to evaluate the
"marginal" impacts of key sub-areas of the City including the Bayfront, the urban core, and
the remaining eastside development.
The fiscal analysis will be conducted in three phases. First, basic financial documents will be
obtamed and reviewed. Conclusions regarding budget review will be documented in a
summary memorandum. This will be followed by identification of the major trends, expected
events, or changes that will influence the budget in the future and circulated in memorandum
form for review and comment. Finally, the budget forecast will be prepared, given likely
dynamics and reflecting a range of possibillties so that a "best case" and a "worst case" can be
identified. As noted above, this. analytical effort will be compatible with the City's ongoing
budget forecasting efforts.
TASK 3 - CAPITAL IMPROVEMENT ANALYSIS
The City has engaged in substantial capital investments during the past two decades
including capital projects associated with providing municipal facilities and services to the
developing eastside neighborhoods and major City-serving facilities including the City
library, police administration building, and City Hall reconstruction.
This task will include an evaluation of the current capital improvement program focusing
upon the adequacy of funding to meet capital requirements. Additionally, the growing needs
of the City to maintain and reconstruct infrastructure as this infrastructure ages will be
evaluated. The development impact fees paid by new development created a substantial
amount of funding over the past two decades tQ build existing infrastructure. However,
maintaining and J;econstructing this infrastructure will fall pJ:imarily upon Citywide sources.
It may be necessary to adopt a "life-cycle" approach to capital financing to assure that
adequate funding, consistent with appropriate accounting standards, are raised and set aside
to fund these future costs.
TASK 4 - ASSESSMENTOF TAX INCREMENT FINANCING
The City has established a redevelopment agency, which has the authority to issue "tax
increment financing" - bonds secured by a pledge of property taxes otherwise accruing to
local (and state) government units. Chula Vista has had an active redevelopment program for
many years with a number of project areas created to reduce blight and provide for urban
revitalization. While redevelopment activities are rarely without controversy, the agency has
successfully completec\ many projects. We are also aware that the Community Development
Department; which administers the redevelopment agency, has recently undergone some
managementreview and reorgimizing efforts, including tile creation of an oversight nonprofit
corporation.
The redevelopment agency review will focus on an assessment of current capacities and
liabilities - the status of the project areas with respect to anticipated increment, liabilities, and
4
1I1;\Propasals\17000s\17005chllla_vistli\17006pte:J..i.dot:
13-34
Draft W~71"k Program
Chula Vista Financial Review
January 16, 2007
funding capacity. Regarding capacity, it will be important to review management practices
regarding how costs and revenues are applied. Finally, it will be important to identify
pending projects and what expectations exist for redevelopment resources. In Chula Vista, as
is the case elsewhere, there is a tendency to assume that resources are greater than they
actually are, that the resources "belong" to the project that generates them, and that there are
no costs associated (e.g., losses to the City's General Fund). Accordingly, it will be valuable to
establish criteria for allocation of redevelopmentresources, including remaining unallocated
tax increment flows and flows expected from subsequent agency actions (e.g., new projects).
TASK 5 - RETffiEMENT SYSTEM LIABILITIES
The topic of retirement system liabilities is of substantial concern for many local governments
because current decisions and commitme,nts regarding public employee retirement benefits
will, as a continuing contractual obligation, affect budgets for years to come. Continued
pressure to ,improve benefits, the "defined" nature of these systems combined with volatility
in financial markets, and expected longevity of those receiving retirement benefits all make
analysis, let alone meeting these obligations, challenging. Public employee retirement systems
that have not responded positively to those pressures have caused significan~ financial
difficulty for municipallties around the State.
Documentation regarding the City's current retirement obligations will be obtained, including
financial statements, collective bargaining agreements, PERS data, etc. Interviews will be
conducted with key staff people (finance and human resources) following this review to
reveal or better understand issues that )1lay exist. A memorandum will be prepared
documenting the resUlts of this inquiry. If significant issues are revealed that suggest
significant unfunded liabilities in the future, a more thorough actuarial analysis may need to
be conducted to measure the actual size of the liability.
TASK 6 ~ CONCLUSIONS & RECOMMENDATIONS
At the conclusion of the technical efforts, the interim results documented in technical
memoranda will be assembled and a set of over arching conclusions and recommendations
articulated. As noted previously, this overall analysis is intended to be "high-level" rather
that overly detailed,focusing on the potentially big issues that will influence the City's fiscal
and financial well-being in coming decades. Recommendations will focus on changes that can
be made presently'to manage expected problems. However, in some instances, additional,
more detailed analysis may be required before a clear path forward can be articulated,
especially given the sensitivity of tllese problems (e.g., unfunded retirement system liabilities).
The conclusions and recommendations will be prepared in summary presentation format for
presentation and discussion with the City's senior management, the Mayor, and City Council
members. '
5
10.1; \PTapl1SllI. \17000.' 17006chuIa_tJ~~tl/ \ 17006pfal.Joc
13-35
Dl"ajt Work Pragl"am
Chula Vista Fin.ancial Review
January 16, 2007
PROPOSED STAFFING, BUDGET & SCHEDULE
Senior EPS staff, including Walter Kieser, Managing Principal, and Richard Berkson, Principal,
will conduct the proposed financial review. Paul Shabsis will assist Mr. Berkson and Mr.
Kieser with research and modeling efforts. Mr. Kieser will serve as Principal-in-Charge; Mr.
Berkson will serve as day-to-day Project Manager.
As noted in the technical proposal, the financial review is viewed as a collaborative effort. It is
expected that a significant effort will be required on the part of staff, including senior staff, to
assist with document assembly and assessment and provide necessary guidance. It also may
be the case that existing contractors serving the City, auditors, retirement specialists, etc. may
also provide helpful information and insights.
The budget for the financial review is estimated to be $40,340. This is above the $30,000
suggested in the RFP; however, careful consideration of the tasks involved, the need for
effective liaison and communication, and foreknowledge of the circumstances in Chula Vista
all suggest that more resources will be required. Moreover, it may be the case that additional
detailed analysis, beyond the scope of the financial review, will be indicated by the financial
review. Examples of potential additional analysis include preparation of detailed "life cycle
cost" analysis for public facilities maintained by the City, actuarial analysis of retirement
liabilities, and tax increment forecasts based upon detailed market absorption analysis.
Meeting the 45 to 60 day schedule set forth in the RFP will require a concerted effort on the
part of the Consultant and the City staff. Key to meeting this schedule will be conducting the
project initiation workshop immediately following the establishment of the consulting
contract and expeditious collection and delivery of the necessary data and background
information so that the review effort can get underway.
6
M:\PropoSlllo\1.70D0s\!7006chu1l1_tliSIIl\17006pta~doc
13-36
Economic &
Planning Systems
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EDUCATION
PAUL SHABSIS
Research Analyst
As a Research Analyst at EPS, Paul Shabsis has worked at the firm for
over one year. He has academic and professional experience in areas of
real estate market analysis, fiscal and economic impact analysis,
affordable housing, and incorporation analysis.
Bachelor of History, University of
California, Berkeley, 2005
AFFILIATIONS
SPUR member
SELECTED PROJECT EXPERIENCE
c
Real Estate Market Analysis
Mr. Shabsis has academic experience studying the evolution of
commercial and residential development in the western United States.
He has analyzed a variety of real estate product types, including
residential, retail/commercial, office, industrial, and multi-use markets.
Fiscal and Economic Impact Analysis
Mr. Shabsis has developed models to evaluate the fiscal and economic
impacts of a variety of projects. Some have assisted local jurisdictions
in assessing the potential fiscal and economic benefits of
redevelopment projects.
Affordable Housing
Mr. Shabsis has experience in affordable housing development impact
fee analysis, including jobs-housing linkage fee analysis.
Housing Needs Assessment
Mr. Shabsis has experience in housing needs assessment at the county
level. lhis involves quantifying supply and demand for housing across
the economic spectrum, with a focus on the need for affordable
housing.
Incorporation Analysis
Mr. Shabsis is currently completing an incorporation study. This
involves projecting municipal cost and revenues and determining the
financial feasibility of the proposed municipality. It also involves
evaluating the impacts of incorporation upon agencies presently
providing services to the area.
BE R K E LEY
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13-37
EDUCATION
Bachelor of Arts degree in
Environmental Studies and
Biology from Sonoma State
University (SSU) in 1974.
Graduate course work in
economics and public
administration at SSU and the
University of California, Berkeley.
AFFILIATIONS
American Planning Association,
Member
California Association of Local
Agency Formation Commissions,
Associate Member
HONORS + AWARDS
FTAlFfWVAlAPA "Transportation
Planning Excellence Award" 2004
- Valiey Metro Rail Station
Development Opportunities and
Strategies, Phoenix, AZ
California APA "Award of Merit for
Planning implementation" 2002-
Sonoma County Housing
Element, Sonoma County, CA
BERKELEY
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Economic i6-
Planning Systems
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WALTER F. KIESER
Managing Principal
Mr. Kieser is a Founder, Managing Principal, and President of Economic &
Planning Systems, Inc., an urban economics consulting firm with offices in
Berkeley, Sacramento, and Denver. The firm serves public and private sector
clients throughout the United States.
EXPERTISE
Urban and Regional Planning
Participated in the preparation of numerous comprehensive and specific plans
for cities and COlIDties, with emphasis on demographic and economic forecasts,
real estate market analyses, land use analyses, and policies and programs
related to growth management, transportation, urban revitalization, recreation
and open space, public services and infrastructure, and housing.
Economic Development and Revitalization
Assisted cities with preparing economic development and revitalization
strategies associated with downtown business areas, visitor-seIVing resort
development, and retail shopping centers. These strategies have involved. the
use of traditional redevelopment techniques, public/private partnerships, and
implementation of transit-oriented mixed use development.
Resource Conservation
Participated in numerous programs and projects designed to preserve open
space and natural habitats, preserve agricultural lands, and ensure productive
and sustainable use of natural resources. These programs applied creative
regulatory mechanisms (planning and zoning), compensatory regulations, and
public acquisition techniques.
Government Organization
Prepared numerous governance feasibility studies addressing municipal
incorporation, major annexations, special district formations and
consolidations, and inter-governmental agreements. These feasibility studies
typically involved preparation of detailed pro forma operational and capital
budgets, and analysis of impacts of reorganization upon existing agencies.
Negotiated Agreements
Managed and participated in numerous real estate developments,
infrastructure financing, and intergovernmental negotiations involving public
and private participants. These negotiations have resulted in successful
agreements, including mitigation and tax sharing agreements,
intergovernmental agreements, development agreements, owner participation
agreements, and real estate disposition agreements.
SACRAMENTO
DENVER
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13-38
WALTER F. KIESER
12
ECONOMIC & PLANNING SYSTEMS
Fiscal and Economic Impact Analysis
Prepared detailed fiscal and economic impact analysis on a wide variety of
land use plans, development projects, government reorganization proposals,
infrastructure projects and initiative ballot measures. These quantitative
analyses have focused on determining potential fiscal and financial impacts,
the costs of growth, and ensuring successful implementation of public policy
objectives.
Public Finance
Prepared numerous public financing strategies and plans for a wide variety of
public services and infrastructure projects, including development project-
related infrastructure, area-wide capital improvement programs, open space
and conservation projects and specific infrastructure projects, Financing
techniques applied have included formulation of area-specific and facility-
specific development impact fees, special tax bonds, and redevelopment tax
increment financing.
M:\RE.SUMEIResumes07\Kiest107 _lung.doc
13-39
EDUCATION
Master of Public Policy, University
of California, Berkeley, 1982
Bachelor of Arts in Social Science,
University of California, Berkeley,
1980
Undergraduate study in
Engineering, Massachusetts
Institute of Technology,
1976-1977
PREVIOUS EMPLOYMENT
Research Associate, Angus
McDonald and Associates
(1981-1983)
8 E R K E L. E Y
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Herkeky, C A 947111
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Planning Systems
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RICHARD L. BERKSON
Principal
Richard L. Berkson, an EPS founding partner, has substantial experience in
fiscal and budgetary forecasting, and evaluating the market and financial
analysis of land use plans, capital improvement programs, local government
reorganization proposals, and real estate projects. His work includes
conducting budget analysis, market studies and detailed pro forma cash flow
analyses of public/private development proposals.
SELECTED PROJECT MANAGEMENT EXPERIENCE
Alameda Development Services Department Budget
Reorganization and Analysis, Alameda, CA
The Development Services Department of the City of Alameda retained EPS
to reorganize the structure and format of its departmental budget consisting
primarily of restricted funds. These funding sources included property tax
increment, lease revenues, Commuility Development Block Grant (CDBG),
and HOME funds. The reorganized budget provided a basis for developing
a budget forecast for the department, which dearly outlined future
revenues, project commitments, debt service obligations, and available net
balance. The budget forecast helped to better inform policy decisions about
the department's future goals and commitments.
Kansas City Investment Sustainabllity, Kansas City, MO
Kansas City historically has provided substantial incentives to encourage
economic development, job creation, housing and business retention.
However, the City's concerns about the potential impacts of incentives,
revenue diversions and tax abatements on the City's budget and services
prompted a study of its incentive policies. EPS, as part of a consulting team,.
worked with City staff to develop a fiscal model to evaluate the short and
long-term effects of incentives, abatements, and debt service guarantees and
to propose alternative policies.
Treasure Island Redevelopment, San Francisco, CA
Since 1995, EPS has provided services to the Treasure Island Development
Authority (TIDA) and the City of San Francisco. Projects have included
financial and market analysis of waterfront development, evaluation of
infrastructure financing for the Treasure Island reuse plan. lease
negotiations with developers, pro forma cash flow analyses, development
strategy and planning for the Business Plan and Economic Development
Conveyance (EDC) Application for NSTI, and EDC Negotiations with the
Navy.
SAC RAM E N T 0
DENVER
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13-40
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2006-2007
CITY COUNCIL BUDGET IN ACCORDANCE WITH THE
BUDGET TRANSFER POLICY; APPROVING, IN CONCEPT
THE SELECTION OF ECONOMIC & PLANNING SYSTEMS
(EPS) AS THE CONSULTANT TO PERFORM AN
INDEPENDENT FINANCIAL REVIEW OF THE CITY OF
CHULA VISTA; AND DIRECTING THE CITY MANAGER
TO PROCEED WITH CONTRACT NEGOTIATIONS
WHEREAS, on December 5, 2007, Mayor Cox presented her 10-point action plan, which
included as its first point of action an Independent Financial Review (IFR) of the City's finances;
and
WHEREAS, on January 4, 2007, in consultation with the 1FR Council Subcommittee,
consisting of Mayor Cox and Councilman Castaneda, the City Manager issued a Request for
Proposals (RFP) in order to identifY a third-party consultant to conduct the IFR; and
WHEREAS, Economic & Planning Systems (BPS) submitted a proposal in response to
the RFP and the 1FR Council Subcommittee has determined EPS to be the most responsive and
responsible bidder with the proposal that best meets, or exceeds, the requirements of the Scope
of Work included in the RFP, and is considered to be the most advantageous to the City; and
WHEREAS, the cost of retaining EPS to conduct the IFR will be in an amount not-to-
exceed $40,000, and will require a budget transfer between budgetary categories within the City
Council's operating budget; and
WHEREAS, the City Council Policy on Financial Reporting and Transfer Authority
indicates that any transfers between budgetary categories (personnel Services, Supplies and
Services, Other Expenses and Capital) over $15,000 requires City Council approval; and
WHEREAS, it is anticipated that sufficient savings exists within the City Council Budget
due to reducing the Coastal Environmental Land Use Consultant position from full-time to half-
time; and
WHEREAS, the anticipated contract with EPS will be under the maximum dollar amount
of contracts which the City Manager is authorized to enter into on the City's behalf, pursuant to
the City's Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby approves, in concept, the selection of Economic & Planning Systems to perform an
Independent Financial Review of the City; amends the Fiscal Year 2006/2007 budget by
transferring $40,000 from the Personnel Services category to the Supplies and Services category
13-41
02/06/2007 Item
-
Page 2 of2
to fund the Independent Financial Review; and directs the City Manager to proceed with contract
negotiations, accordingly.
Presented by
Approved as to form by
gc~au
:J;;! ore
~i~ ttomey
Maria Kachadoorian
Director of Finance
13-42
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CI1Y OF
CHUJA VISTA
RUDY RAMIREZ
COUNCILMAN
January 24, 2007
Honorable Fabian Nunez
Speaker of the CA Assembly
CA State Capitol
P.O. Box 942849
Sacramento, CA 94249-0046
Dear Speaker Nunez:
I want to express my support for Councilmember Steve Castaneda for the
position of California Coastal Commissioner. He is an excellent candidate for the
position and will make a wonderful contribution to the decision making process
for our California Coast.
Over the many years that I have known Councilmember Castaneda, I have found
him to be a man with high regard for the citizens of our state and an unwavering
commitment to his duties in city government. His strong leadership skills and
immense experience in determining policy and managing government functions
make him infinitely qualified to serve in this capacity.
Council member Castaneda's ability to work in collaboration with the community,
other elected officials, and with the corporate community speaks to his
qualifications. I have found him to be of the highest ethical character, with a fair
and objective approach to complex issues. His leadership as the City of Chula
Vista's representative to the International Council for Local Environmental
Initiatives, (lCLEI), the San Diego Association of Governments Energy Working
Group, the Interagency Water Task Force and on the Chula Vista City Council
Public Safety Subcommittee demonstrates his ability to handle sensitive issues in
a professional manner.
I strongly encourage you to appoint Councilmember Steve Castaneda to the
California Coastal Commission. Thank you for your consideration.
warm.. :regards, .).
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276 Fourth Avenue' Chula Vista' California 91910' (619) 691-5044 . Fax (619) 476-5379
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COUNCILMEMBER
John McCann
January 25, 2007
Honorable Fabian Nunez
Speaker of the CA Assembly
CA State Capitol
P.O. Box 942849
Sacramento, CA 94249-0046
Dear Speaker Nunez:
I would like to convey my support for my colleague, Chula Vista Councilman
Steve Castaneds for the California Coastal Commissioner. Due to the many
coastal issues in our community, I strongly urge you to appoint a fellow Chula
Vistan for the position.
I have known Councilmember Castaneda for many years and have found him to
be very capable. His ability to work with other elected officials, business leaders
and the community demonstrate his professional qualifications to serve as a
California Coastal Commissioner.
His leadership in representing Chula Vista with ICLEI, the International Council
for Local Environmental Initiatives, the SANDAG Energy Working Group and the
Interagency Water Task Force make him well-qualified to represent the San
Diego region on the Commission as well.
He is fair and objective when considering sensitive, complex issues before the
City Council and I know he will give the same consideration as a Commissioner.
Thank you for your consideration on this most important matter.
276 Fourth Avenue. Chula Vista. California 91910. (619) 691-5044. Fax (619) 476-5379
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