HomeMy WebLinkAbout2007/03/20 Agenda Packet
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employed by the City of Chula Vista in the
Office of the City Clerk and that I posted this
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CllY OF
CHUIA 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
March 20, 2007
6:00 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
. OATHS OF OFFICE
Egbert Oostburg, Charter Review Commission
· PRESENTATION BY SCOTT SMITH AND NADINE SILVA FROM FIREMAN'S
FUND INSURANCE COMPANY AND BOB MCALISTER OF BARNEY AND
BARNEY LLC, OF AN AWARD IN THE AMOUNT OF $12,480 FOR
FIREFIGHTING EQUIPMENT TO DEPUTY FIRE CHIEF JIM GEERING
CONSENT CALENDAR
(Items 1 through 4)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed immediately following the Consent Calendar.
1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING AN AWARD IN THE AMOUNT OF $12,480, AND APPROPRIATING
SAID A WARD FUNDS (4/5THS VOTE REQUIRED)
The Fire Department has received an award in the amount of$12,480 from the Fireman's
Fund Insurance Company. This award was made to support the department's fire
suppression function. The award will be used to purchase equipment. (Fire Chief)
Staff recommendation: Council adopt the resolution.
2. APPROVAL OF MINUTES of the Regular Meetings of January 23, 2007, February 6,
2007 and February 20, 2007, and the Special Meetings of February 27,2007 and March
1,2007.
Staff recommendation: Council approve the minutes.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SECOND AMENDMENT TO THE COOPERATIVE
AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) REGARDING THE I-805/0LYMPIC
PARKWAY-ORANGE AVENUE INTERCHANGE, AND AUTHORIZING THE
MAYOR TO SIGN THE SECOND AMENDMENT
The City Council approved a Cooperative Agreement (COOP) with the California
Department of Transportation (CalTrans) in order to make roadway improvements related
to the 1-805 Interchange at East Orange Avenue/Olympic Parkway within state right-of-
way. Adoption of the resolution amends the COOP to modify the landscape maintenance
period from 36-months to 20-months. (City Engineer)
Staff recommendation: Council adopt the resolution.
4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "OTAY LAKES
ROAD SIDEWALK IMPROVEMENTS FROM ALLEN SCHOOL LANE TO
SURREY DRIVE AND PAVEMENT REHABILITATION ON OTAY LAKES ROAD
FROM BONITA ROAD TO RIDGEBACK ROAD (STL-286)," PROJECT TO
PORTILLO CONCRETE, INC. IN THE AMOUNT OF $1,474,864, AND
AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES IN
THE PROJECT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING PROPOSITION 42 TRAFFIC CONGESTION RELIEF FUNDS TO
THE "OT A Y LAKES ROAD SIDEWALK IMPROVEMENTS FROM ALLEN
SCHOOL LANE TO SURREY DRIVE AND PAVEMENT REHABILITATION ON
OTAY LAKES ROAD FROM BONITA ROAD TO RIDGEBACK ROAD (STL-286)"
PROJECT FROM THE AVAILABLE FUND BALANCE, AND AUTHORIZING
INTERPROJECT TRANSFERS FROM EXISTING CAPITAL IMPROVEMENT
PROJECTS "CASTLE PARK ELEMENTARY SIDEWALK IMPROVEMENTS (STL-
287)" AND "STREET LIGHT INSTALLATION ALONG OTAY LAKES ROAD AND
BONITA (TF-286)" TO STL-286 AS NECESSARY TO COMPLETE THE PROJECT
(4/5THS VOTE REQUIRED)
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March 20, 2007
On March 7, 2007, the General Services Director received sealed bids for this project.
The project consists of removal and replacement of curbs, gutters, sidewalks, and
driveways displaced by differential settling such as tree roots, sidewalk installation, and
retaining wall installation along Otay Lakes Road (Allen School Lane to Surrey Drive),
and pavement rehabilitation along Otay Lakes Road (Bonita Road to Ridgeback Road).
(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.
5. CONSIDERATION OF REVISION TO AFFORDABLE HOUSING AGREEMENT TO
ALLOW AFFORDABLE UNITS FOR LOW INCOME HOUSEHOLDS AS RENTAL
HOUSING, AND CONSIDERATION OF PROVISION OF FINANCIAL
ASSISTANCE
Since the execution ofthe existing Affordable Housing Agreement, the Master Developer
has requested that the City of Chula Vista consider revising the Agreement to allow the
affordable units for low income households as rental housing. Chelsea Investment
Corporation (CIC) has been selected by the Master Developer to pursue development of
the affordable rental housing, and is requesting consideration of financial assistance.
(Acting Community Development Director)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CONDITIONALLY APPROVING FINANCIAL ASSISTANCE, SUBJECT TO
FUTURE APPROPRIATION FROM THE HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM IN AN AMOUNT NOT-TO-EXCEED
$920,000 TO CHELSEA INVESTMENT CORPORATION FOR THE
DEVELOPMENT OF THE PROPOSED 92-UNIT AFFORDABLE RENTAL
COMMUNITY, KNOWN AS THE LANDINGS AT WINDING WALK
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March 20, 2007
OTHER BUSINESS
6. CITY MANAGER'S REPORTS
7. MAYOR'S REPORTS
A. Ratification of the appointment of Ben West to the Board of Appeals and
Advisors.
B. Ratification of the appointment of Anna Marie Godinez to the Child Care
Commission.
C. Ratification of the appointment of Ron Kelley to the Charter Review
Commission.
D. Appointment of an ad hoc committee to review the Campaign Contribution
Ordinance.
8. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957.7).
9. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b) OF
GOVERNMENT CODE SECTION 54956.9
. One case
10. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957(b)(1)
Title: City Manager
II. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE 54957.6(a)
Umepresented employee:
City Manager
ADJOURNMENT to an Adjourned Regular Meeting on March 22, 2007 at 6:00 p.m. in the
Council Chambers, thence to an Adjourned Regular Meeting on March 26,
2007 at 4:00 p.m. in the Council Chambers, and thence to the Regular
Meeting of March 27, 2007, at 6:00 p.m. in the Council Chambers.
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March 20, 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 jive days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devicesfor the Deaf(TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
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March 20, 2007
COUNCIL AGENDA STATEMENT
Item:
Meeting Date: 03/20/07
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING AN AWARD IN THE
AMOUNT OF $12,480 AND APPROPRIATING SAID
AWARD FUNDS
SUBMITTED BY: Fire Chie~
/
REVIEWED BY: City Manager >;1
(4/5ths Vote: YesjLNo ->
The Fire Department has received an award in the amount of $12,480 from the
Fireman's Fund Insurance Company. This award was made to the Fire
Department to support the department's fire suppression function.
RECOMMENDATION: That Council adopts the resolution accepting the
donations in the amount of $12,480 and amending the FY07 Fire Department
budget to appropriate said donated funds to services and supplies.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The Fire Department has received donations in the amount of
$12,480 from Fireman's Fund Insurance Company. This award will be used to
purchase equipment to support fire suppression and rescue functions. The
equipment to be purchased includes the following items:
Item #1 :
US&R 53 Rescue Helmets
These helmets are needed by the personnel assigned to the department's new
Urban Search & Rescue Unit (US&R 53) so that they can effectively and safely
operate at a wide variety of technical rescue incidents. Technical rescue
incidents include such things as trench, confined space, building collapse,
building shoring, etc. These special rescue helmets are much smaller than a
traditional firefighting helmet and provide better maneuverability in tight spaces,
which are commonly encountered in technical rescues. The identified helmets
are the same make and model that are used by the FEMA's 28 US&R teams
throughout the Country.
1-1
Item: I
Meeting Date: 03/20/07
Item #2:
Miscellaneous Rope Equipment for Confined Space Equipment
Cache.
This miscellaneous rope equipment is needed to finish off the department's
cache of <;:onfined space equipment that is carried on US&R 53 and the US&R
Trailer. This equipment will be used during confined space rescue incidents and
training sessions.
Item #3:
Spare Chains for Chainsaw
These chains are needed to provide an adequate spare inventory of chains for
the eight different chainsaws that are carried on the department's truck
companies and rescue rig. In addition, the training division uses several chains
during roof ventilation and chainsaw training exercises.
Item #4:
GPS Unit for Brush 52
This GPS unit is needed to outfit the department's brush rig with the same GPS
units that are carried on all frontline engine and truck companies. These GPS
units are important to help insure that fire apparatus have more than one source
of mapping to make sure that they are getting to emergency incidents via the
most effective and timely route.
Item #5:
800 Mhz Portable Radio Clips
These radio clips are needed to outfit all 800 Mhz portable radios in the
department with a belt clip that is affixed the battery on the back of each radio.
These clips will help insure that personnel do not accidentally lose portable
radios during emergency incident operations. The insurance provided by these
radio clips is well worth the investment because the portable radios cost
approximately $4,500.
Item #6:
Lumber Inventory for US&R Trailer
This cache of lumber is needed to outfit the department's new US&R Trailer with
an adequate supply of lumber to handle shoring operations at building collapses,
trench rescue, and other incidents where shoring materials are needed. This
lumber will be used in conjunction with the small inventory of lumber that is
currently carried on US&R 53's rig. Shoring operations at any significant
emergency operation require a large supply of lumber to insure that the hazard is
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Item: \
Meeting Date: 03/20/07
properly mitigated. This lumber will also be used during the training of
department personnel on proper shoring techniques and operations.
Item #7:
Radio Lapel Microphones
These radio lapel microphones are needed to provide Fire Captains' with a better
mode of communications during emergency incidents. These lapel microphones
will replace the current lapel microphones that are currently being used. These
new lapel microphones are a significant improvement over the existing model
and will help to insure better communications and less accidental radio
transmissions by Fire Captains' who are actively involved in their fire ground
operations.
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)(1) is not
applicable to this decision.
FISCAL IMPACT: The total amount of the award received is $12,480. There
are no matching funds required or General Fund impact.
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RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AN A WARD IN
THE AMOUNT OF $12,480 AND APPROPRIATING
SAID A WARD FUNDS
WHEREAS, The Fire Department received a donation in the amount of
$12,480 from the Fireman's Fund Insurance Company; and,
WHEREAS, The Fire Department will be using these funds to purchase
rescue related equipment for the US&R 53 unit; and,
WHEREAS, The purchase of this equipment will enhance the Fire
Department's operations by improving safety and effectiveness that will better
serve the community; and,
WHEREAS, The Fire Department appreciates the generosity and support
of Fireman's Fund Insurance Company for providing funds to purchase
equipment that will allow the Fire Department to better serve the citizenry of the
City of Chula Vista,
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the
City of Chula Vista does hereby accept the award in the amount of $12,480 from
the Fireman's Fund Insurance Company and appropriates said award funds to the
Fire Department FY 2007 services and supplies budget for the purchase of rescue
related equipment.
Presented by:
Approved as to form by:
~)h
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/ Ann Moore I
City Attorney
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DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
January 23,2007
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda (arrived at 6:02 p.m.), McCann, Ramirez,
Rindone and Mayor Cox
ABSENT: Councilmembers: None
ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, Senior Deputy City
Clerk Peoples, and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Deputy Mayor Rindone led the pledge, followed by a moment of silence in the memory of Diane
Carpenter.
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE
Tim Jones - Growth Management Oversight Commission
Deputy City Clerk Bennett administered the oath of office, and Deputy Mayor Rindone
presented Mr. Jones with a certificate of appointment.
. INTRODUCTION BY POLICE CHIEF EMERSON OF SEVEN POLICE RECRUITS
AND ONE LATERAL OFFICER
Police Chief Emerson introduced police recruits John Rodrigues, Carlos Marques, Roy Vicente,
Jesse Vicente, Rolando Granados, Diossy Sarabia, John Delgado, and Lateral Officer Ernesto
Pinedo.
Deputy City Clerk Bennett administered the oath of office to Officer Pinedo.
. PRESENTATION BY DEPUTY MAYOR RIND ONE OF A PROCLAMATION ON
BEHALF OF DIANE CARPENTER, COMMUNITY AND EDUCATIONAL LEADER,
COMMENDING HER FOR HER VISION, HER SERVICE, AND HER
COMPASSIONATE HEART
Deputy Mayor Rindone spoke about Diane Carpenter's role in bettering the community and the
lives of many students and adults. Mayor Cox read the proclamation, and Deputy Mayor
Rindone, assisted by Councilmembers Castaneda, McCann, Ramirez, and Mayor Cox, presented
the proclamation to the family members of Ms. Carpenter.
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DRAFT
SPECIAL ORDERS OF THE DAY (continued)
. DID YOU KNOW.....THAT THE NATURE CENTER HAS ENDANGERED GREEN
SEA TURTLES? Presented by Joyce Remp, RVT, Curator of Reptiles
Nature Center Director Beintema introduced Joyce Remp, who provided a presentation on the
green sea turtle exhibit at the Chula Vista Nature Center.
CONSENT CALENDAR
(Items 1 through 8)
With regard to Item 8, Deputy Mayor Rindone expressed appreciation to staff for their hard
working assisting several of the displaced Jade Bay Mobilehome Park residents.
Councilmember Castaneda reminded staff to keep a record of all funds used to assist Jade Bay
residents so that the taxpayers can be made whole when the property is developed in the future.
1. RESOLUTION NO. 2007-015, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 LIBRARY GRANT
FUND BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED
CALIFORNIA STATE LIBRARY GRANT AUGMENTATION IN THE AMOUNT OF
$3,671 FOR EXPENDITURES ASSOCIATED WITH THE CHULA VISTA
LITERACY TEAM'S CALIFORNIA LIBRARY LITERACY SERVICES MATCHING
FUNDS GRANT (4/5THS VOTE REQUIRED)
Adoption of the resolution approves the appropriation of a one-time augmentation in the
amount of $3,671 in Literacy Services matching grant funds to the Fiscal Year 2007
Library Department budget. (Assistant City Manager Palmer/Library Director)
Staff recommendation: Council adopt the resolution.
2. RESOLUTION NO. 2007-016, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 LIBRARY
DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED DONATION
REVENUE IN THE AMOUNT OF $55,000 (4/5THS VOTE REQUIRED)
Adoption of the resolution approves the appropriation of $55,000 in donations received
from various organizations and individuals for the purchase of new books to the Fiscal
Year 2007 Library Department budget. (Assistant City Manager Palmer/Library Director)
Staff recommendation: Council adopt the resolution.
3. A. RESOLUTION NO. 2007-017, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING THE RESULTS OF A SPECIAL ELECTION
IN COMMUNITY FACILITIES DISTRICT 13M (OT A Y RANCH VILLAGE TWO)
d A -d--.
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January 23,2007
DRAFT
CONSENT CALENDAR (continued)
B. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY
RANCH VILLAGE TWO (FIRST READING)
Council previously initiated proceedings for the formation of Community Facilities
District (CFD) 13M, and on January 16, 2007, a special tax election was conducted.
Adoption of the resolution declares the results of that election; and adoption of the
ordinance will authorize the levy of a special tax in CFD 13M. This district will fund the
perpetual operation and maintenance of landscaping, including parkways, medians and
slopes; facilities that are directly related to storm water quality control; walls and fencing;
trails; pedestrian bridges, including graffiti removal; and public lighting facilities. The
City has retained the services of MuniFinancial as special tax consultant and Best Best &
Krieger LLP as legal counsel to provide assistance during the proceedings. (City
Engineer)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
4. RESOLUTION NO. 2007-018, 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), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT
AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA C,
ANNEXATION NO.6 (OTAY RANCH VILLAGE TWO), AND ADDING SUCH
TERRITORY TO SUCH COMMUNITY FACILITIES DISTRICT AND
IMPROVEMENT AREA
Council previously initiated annexation proceedings for Community Facilities District
(CFD) 97-2 (Preserve Maintenance District), approved certain findings, authorized the
electors to vote on the annexation of Otay Ranch Village Two to CFD 97-2,
Improvement Area C, and held the election on January 16, 2007. Adoption of this
resolution declares the results of that election, and adds the territory to the district. The
special taxes levied within Improvement Area C will 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 97-2. The City has retained the services of
MuniFinancial as special tax consultant and Best Best & Krieger LLP, as legal counsel to
provide assistance during the proceedings. (City Engineer)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2007-019, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF THREE GRANT
APPLICATIONS TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
(SANDAG) FOR FISCAL YEAR 2007/2008 TRANSPORTATION DEVELOPMENT
ACT (TDA) AND TRANSNET FUNDING, FOR BICYCLE AND PEDESTRIAN
IMPROVEMENTS
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January 23, 2007
DRAFT
CONSENT CALENDAR (continued)
The Transportation Development Act and TransNet Program provide funding support for
regional bicycle and pedestrian capital improvement projects. The San Diego
Association of Governments will allocate those project funds to cities in the San Diego
region based upon funding availability and project ranking. Adoption of the resolution
approves the submittal of three applications for funding. (City Engineer)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2007-020, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADDING ONE LATENT PRINT EXAMINER TO THE
AUTHORIZED STAFFING LEVEL OF THE POLICE DEPARTMENT, AMENDING
THE FISCAL YEAR 2006/2007 POLICE BUDGET AND APPROPRIATING FUNDS
BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED)
The Police Department, in partnership with the San Diego County Sheriffs Department,
proposes to add one Latent Print Examiner. This new position would provide latent print
services on a regional basis and would be completely funded by the San Diego County's
California Identification System Remote Access Network program. (Police Chief)
Staffrecommendation: Council adopt the resolution.
7. RESOLUTION NO. 2007-021, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING FEDERAL FUNDING REQUESTS FOR
SUBMISSION
Adoption of the resolution approves those items to be submitted to Chula Vista's
Congressional delegation to request federal funds. (Assistant City Manager Smith)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2007-022, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A TENANT-BASED RENTAL
ASSISTANCE PROGRAM AND AUTHORIZING THE COMMUNITY
DEVELOPMENT DIRECTOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR
PROCESSING
The City Council approved the use of the U.S. Department of Housing and Urban
Development (HUD) HOME funds for a rental assistance program to help with monthly
rental payments for low-income households, offering "displaced persons" a priority.
Staff has developed the program guidelines and all associated forms. Adoption of the
resolution authorizes staff to both operate the program and execute all documents
necessary for processing. (Acting Director of Community Development)
Staff recommendation: Council adopt the resolution.
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January 23, 2007
DRAFT
CONSENT CALENDAR (continued)
ACTION:
Councilmember Castaneda moved to approve staffs recommendations and
offered the Consent Calendar, headings read, texts waived. Deputy Mayor
Rindone seconded the motion, and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Lisa Cohen, CEO of the Chula Vista Chamber of Commerce, invited the Mayor and Council to
the Chamber's 80th annual installation dinner and dance on Friday, January 26, 2007, at the
Eastlake Design District.
PUBLIC HEARINGS.
9. CONSIDERATION OF A TENTATIVE SUBDIVISION, PCS-06-12, TO CONVERT
AN EXISTING 12-UNIT APARTMENT COMPLEX TO 12 CONDOMINIUM UNITS
FOR INDNIDUAL OWNERSHIP AT 582 ARIZONA STREET
Adoption of the resolution approves a proposed condominium conversion of an existing
12-unit apartment complex at 582 Arizona Street to 12 condominiums for individual
ownership. (Planning and Building Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Planning and Building Director Sandoval introduced the item, and Associate Planner Vanderbie
presented the staff report and responded to questions of the Council.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Deputy Mayor Rindone moved to adopt Resolution No. 2007-023, heading read,
text waived:
RESOLUTION NO. 2007-023, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND
ESTABLISHING CONDITIONS OF A TENTATIVE MAP TO DNIDE
INTEREST IN .45 ACRES AT 582 ARIZONA STREET FOR A ONE-
LOT CONDOMINIUM CONTAINING 12 RESIDENTIAL UNITS
Councilmember Castaneda seconded the motion, and it carried 5-0.
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January 23,2007
DRAFT
PUBLIC HEARINGS (continued)
10. CONSIDERATION OF AMENDMENT TO CHAPTER X (BUILDING) AND
CHAPTER XIV (PLANNING) OF THE CITY'S MASTER FEE SCHEDULE
April 2001 was the last time the building fee schedule was updated, aud November 2004
was the last time the planning fee schedule was updated. Subsequent revisions to the
full-cost recovery rates aud departmental reorganizations necessitate fee schedule updates
to ensure full cost recovery for services is provided. (Planning aud Building Director)
Notice of the hearing was given in accordauce with legal requirements, and the hearing was held
on the date aud at the time specified in the notice.
Planning aud Building Director Saudoval introduced the item. Briau Foster of Maximus, Inc.
(consultaut) presented the staff report aud responded to questions ofthe Council.
Assistaut Building aud Housing Director Remp noted a correction to page 4, in the paragraph
following Table 2, of the staff report. The Board of Appeals aud Advisors aud staff are
recommending a subsidy for the installation of replacement water heaters aud gas lines. The
number for the proposed fee of $51.30 is correct in the table, however in the paragraph below,
the actual cost is significautly higher aud should reflect $143,700 rather thau $31,500.
Mayor Cox opened the public hearing.
In response to a question by Councilmember Castaueda, aud Planning aud Building Director
Saudoval explained that the fee aualysis provided a true picture of what the actual staff costs are.
Deposits required from applicauts will now be more accurate up front, aud additional funds will
not be requested as frequently. Further, the fees will now be reviewed every two years to ensure
they are kept current.
Deputy Mayor Rindone inquired about historic designation fees. Plauning aud Building Director
Saudoval explained the historic designation process aud responded that the historic designation
fees were set at half of what the actual costs were determined to be during the prior fee study in
2004.
Jerry Livingston, representing the Building Industry Association, spoke in support of the
proposed chauges.
Pamela Bensoussau spoke in opposition to auy increased historic designation or Mills Act fees.
Mayor Cox confirmed with Planning aud Building Director Saudoval that there were no
proposed increases in the historic designation or Mills Act fees, aud that staff had authority to
waive some or all of the application fee, should they see fit to do so.
There being no further speakers, Mayor Cox closed the public hearing.
ACTION:
Deputy Mayor Rindone moved to adopt Resolution Nos. 2007-024 and 2007-025,
headings read, texts waived:
RESOLUTION NO. 2007-024, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER
X (BUILDING) OF THE CITY'S MASTER FEE SCHEDULE
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PUBLIC HEARINGS (continued)
RESOLUTION NO. 2007-025, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER
Xl V (PLANNING) OF THE CITY'S MASTER FEE SCHEDULE
Councilmember Ramirez seconded the motion, and it carried 5-0.
Item 12 was actually heard at this time, prior to Item II.
II. CONSIDERATION OF AN AMENDMENT TO THE LffiRARY'S MASTER FEE
SCHEDULE
As a result of the Library's growing emphasis on local history and increasing demand by
the public for historic photographs and documents, the Library recommends a change to
its master fee schedule. (Assistant City Manager Palmer/Library Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Assistant City Manager/Library Director Palmer presented the staff report and responded to
questions of the Council.
Mayor Cox opened the public hearing.
Lupita Jimenez, Chula Vista resident, expressed concerns with any increase in fees, stating that
they would weigh heavily on retired people and those with low incomes.
Pamela Bensoussan, Chula Vista resident, representing the Northwest Civic Association,
congratulated the Library staff on the work they have done in the history archives, but spoke in
opposition to the proposed increase in fees.
Councilmember McCann stated that the proposed costs seemed high and the fiscal impact was
only $1,500, so he could not support the increase.
Councilmember Ramirez inquired, and Community Relations Manager Gulbransen responded,
that staff has discretion to review and waive fees for certain projects of public benefit.
Mayor Cox suggested the Council consider applying the fee schedule and authorize staff to have
continued authority to waive fees they are comfortable waiving.
Councilmember Rindone moved to adopt Resolution No. 2007-026, heading read, text waived,
as amended to charge reproduction fees at actual cost of service, photocopies made by staff at
$.25 per page, no charge for obituaries, and use fees at $10 per photo. Councilmember
Castaneda seconded the motion.
In response to a question by Interim City Manager Thomson, City Attorney Moore responded
that although the staff report indicated that a 4/5ths vote was required, it was in error and was not
required on this item.
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PUBLIC HEARINGS (Continued)
Councilmember Ramirez stated that although he felt those benefiting from the archival system
should contribute to the funding of it, he could not support the proposed motion to change
anything or come out against the recommendation of staff.
There being no further speakers, Mayor Cox closed the public hearing.
The motion failed 2-3, with Councilmember Castaneda and Deputy Mayor Rindone voting yes,
and Councilmembers McCann, Ramirez and Mayor Cox voting no.
Councilmember Ramirez moved to accept staffs recommendation and adopt Resolution No.
2007-026, heading read, text waived. Mayor Cox seconded the motion, and it failed 2-3 with
Councilmember Ramirez and Mayor Cox voting yes, and Councilmembers Castaneda, McCann,
and Deputy Mayor Rindone voting no.
Councilmember Castaneda suggested that the Library staff locate a benefactor to make this item
revenue neutral.
Mayor Cox suggested staff return with a modified suggestion on how to proceed on this item.
Councilmember McCann stated a point of order: the item failed and therefore could not be
brought back.
Deputy Mayor Rindone stated that the item could be brought back, provided those who opposed
it concurred.
City Attorney Moore stated that the same motion could not be brought back, however a different
motion could be considered.
ACTION:
Councilmember Rindone moved adopt the resolution, heading read, text waived,
as amended to honor staffs recommendation for 1 and 3 only and to refer the
other use fees back to staff for further review and consideration:
RESOLUTION NO. 2007-026, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING
CHANGES TO THE LIBRARY MASTER FEE SCHEDULE
Mayor Cox seconded the motion, and it carried 4-1 with Councilmember McCann
voting no.
ACTION ITEMS
12. CONSIDERATION OF WAIVING THE FORMAL BIDDING PROCESS, APPROVAL
OF AN AGREEMENT WITH COOPER ROBERTSON & PARTNERS FOR
CONSULTANT SERVICES RELATED TO EVALUATION OF POTENTIAL
STADIUM SITES FOR THE SAN DIEGO CHARGERS WITHIN THE CITY OF
CHULA VISTA, ADOPTION OF GUIDING PRINCIPLES FOR CHARGER
RELOCATION, AND THE REFORMATION OF THE CHARGERS
SUBCOMMITTEE
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ACTION ITEMS (continued)
Adoption of the resolution approves a consulting contract that provides the City with the
necessary consultant resources to evaluate various sites within Chula Vista for a stadium
complex for the San Diego Chargers. The three-party agreement ensures that the
necessary work, as directed by the City, will be paid for by the San Diego Chargers. The
City Council is requested to adopt the principles that the City will operate under in its
work on the stadium proposal. The guiding principles emphasize public participation in
the design process, fiscal responsibility, and environmental sensitivity, among other
principles. The City Council is also requested to reform the subcommittee to remove the
Planning Director and City Attorney, leaving two Council members. (Planning and
Building Director)
Item 12 was taken out of order and actually heard prior to Item II.
Planning and Building Director Sandoval provided the staff report, along with a brief overview
of the bidding process that was undertaken.
Councilmember McCann stated for the record that the study was not going to cost the taxpayers
any money.
Councilmember Ramirez expressed support for the study of locations for a potential Chargers
stadium, and then read several comments of concern he received from the public that he felt the
subcommittee should consider as they moved forward.
Deputy Mayor Rindone stated that a different consultant might be able to provide a different
perspective. Planning and Building Director Sandoval explained the logic behind staffs
recommended selection. Deputy Mayor Rindone then expressed concern with guiding principles
9 and 10, stating that it was particularly important that a stadium not be considered for siting on
the bayfront.
The following persons spoke in support of bringing the Chargers to Chula Vista:
Mark Fabiani, representing the San Diego Chargers
David Hoffman, Chula Vista resident and Chula Vista business owner
Joe Moeller, President of the San Diego International Sports Council
Cindy Gomeper-Graves, South County EDC
Paul Borden, HomeFed
Nick Aguilar, Chula Vista resident
Alan Kidd, San Diego Hall of Champions
Stephen Cushman, San Diego Unified Port District
Karen McElliott, San Diego International Sports Cov., property owner of Chula Vista
Marina and Resort
John Clingan, Boys and Girls Clubs of Chula Vista
David Krogh, Chula Vista resident, suggested an additional principle: to identify traffic impacts
and identify appropriate mitigation.
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ACTION ITEMS (continued)
Peter Watry, Chula Vista resident, representing Crossroads II, requested the addition of an 11th
principal to allow the people of Chula Vista to vote on the process, and expressed hope that the
City Council would not present the bayfront as a site option without discussing it with Gaylord
first.
Parks Pemberton, Chula Vista resident, spoke in opposition, stating that the citizens' quality of
life would suffer as a result of traffic impacts. He expressed frustration that the Council, in his
opinion, had not taken into consideration what the citizens had to say on the matter.
Mayor Cox stated that she believed the consultant was knowledgeable about the City and that the
Top 10 list was a good place to start. Further, she supported open public meetings and reforming
the subcommittee.
Councilmember Castaneda said he viewed the principals as protection for the citizens and
requested that, once adopted, they be posted at all future meetings. He asked when the fiscal
analysis would be completed and wanted to be sure it would embedded in Principle 6.
Deputy Mayor Rindone expressed the need for due diligence to find a potential site that worked
not only for the Chargers, but also for Chula Vista citizens. Further, he stated that no proposal
should impact the bayfront plans or the future university.
Councilmember McCann stated that the proposal was a once-in-a-lifetime opportunity, and he
assured everyone that the Council would proceed with caution. He then thanked Mr. Fabiani and
Mr. Spanos for providing funding so the City could hire a consultant to explore potential sites.
ACTION:
Councilmember McCann moved to adopt Resolution No. 2007-027, heading read,
text waived; adopt the guiding principles for Charger relocation, as proposed; and
approve the reformation of the Council subcommittee on Chargers relocation:
RESOLUTION NO. 2007-027, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE
FORMAL BIDDING PROCESS, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, COOPER ROBERTSON &
PARTNERS (CONSULTANT) AND THE SAN DIEGO CHARGERS
(APPLICANT) FOR THE EVALUATION OF POTENTIAL STADIUM
SITES WITHIN THE CITY OF CHULA VISTA, AND AUTHORIZING
THE MAYOR TO SIGN THE AGREEMENT
Councilmember Ramirez seconded the motion, and it carried 5-0.
City Attorney Moore stated for the record that the Council subcommittee was reformed to
comprise only the Mayor and Councilmember McCann.
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ACTION ITEMS (continued)
13. CONSIDERATION OF APPROVAL OF A LEASE AGREEMENT WITH HTH (BIGH
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)
Economic Development Manager Stone introduced the item, and Principal Community
Development Specialist Ruiz provided the staff report.
Mr. Wallis, Chief Operating Officer of HTH, stated that the Sweetwater Union High School
District (SUHD) originally approved the high school charter by unanimous vote in 2004, prior to
HTH being invited by members of the state board, charter community and other educational
leaders to become a test case for the statewide charter. Due to a decision that one could not
apply for a statewide charter with a preexisting charter elsewhere, HTH requested SUHD
consider its application rescinded so it could be transferred over to statewide charter. SUHD had
also approved, by unanimous consent, the request for the middle school charter.
Mayor Cox recessed the meeting at 8:15 p.m. and reconvened it at 8:26 p.m. with all members
present.
Mayor Cox clarified that the item was time sensitive, as the state board required notification by
the end of January 2007 of where the permit location would be.
Mr. Rosenstock, CEO and founding principal of HTH, explained the process for the student
lottery, how teachers are hired and credentialed, the anticipated students and staff who are Chula
Vista residents, and the State Board of Education requirements that two schools be opened in
2007 and be sited by January 2007.
Lisa Cohen, CEO of the Chula Vista Chamber of Commerce, spoke in support of approval of the
proposed lease agreement on behalf of the Chamber Board of Directors and membership.
Jennifer Henry, representing Julie Meier-Wright, President and CEO of the San Diego Regional
Economic Development Corporation, read into the record a letter from Ms. Meier-Wright in
support of the proposed lease agreement.
Lupita Jimenez, Chula Vista resident, spoke in support of the lease agreement, and encouraged
placement ofthe school in the west side of the City.
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ACTION ITEMS (continued)
Arlie Ricasa, President of the Sweetwater Union High School District Board, spoke in support of
the concept but in opposition to the lease agreement recommendation until equitable benefits are
made available to the Sweetwater District, as well.
Ramon Leyba, Chief Operating Officer of the Sweetwater Union High School District,
representing Superintendent Dr. Gandara, spoke in opposition to the proposed lease agreement,
stating that the Superintendent does not endorse or support the proposal.
Nick Aguilar, Chula Vista resident, spoke in support of the proposed lease agreement, but
suggested that the current site should be maintained to attract a university and that the west side
ofChula Vista would be better suited to site the high tech high school.
Economic Development Manager Stone explained the chronology of discussions, which began in
2005, including those with SURD, regarding the possibility of locating a high tech high school in
Chula Vista.
Deputy Mayor Rindone, speaking as an elected official, expressed his understanding of the
recent conversations with the SURD administrators, which Mr. Stone confirmed, including
concerns expressed to staff by the Superintendent that the same opportunities be offered to the
public school district, and that the school represent the community in the same way as SURD.
Additionally, the Superintendent wanted the charter school to consider grades as another criteria
for entrance.
Mr. Stone also responded that he had expressed to the Superintendent of SURD that the City
welcomed the opportunity to talk about similar types of programs at the campus that would be
innovative, work well with and contribute to the success of the University Park and Research
Center, and that would take advantage of the space in the same way that a high tech high does.
Mr. Stone then explained the reasoning behind the proposed siting versus a site on the Westside
of the City.
Ms. Recasa spoke regarding lack of communication between the entities involved III this
decision.
Mr. Wallis ofHTH responded to a prior comment regarding the resources that would be brought
to this project and the way the schools were paid for, which is out of operating revenues that in
this case would result in an approximately $25 million facility.
Deputy Mayor Rindone inquired, and Principal Community Development Specialist Ruiz
explained the assurances for HTH to meet prior to providing any further property for additional
schools.
Mr. Wallis confirmed that ifHTH Chula Vista did not follow the charter as presented to the State
Board of Education, the charter could be in jeopardy.
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ACTION ITEMS (continued)
Interim City Manager Thomson commented that he had been attempting to arrange a meeting
with the SURD Superintendent for the last several weeks, but Dr. Gandara's schedule would not
allow that meeting prior to this evening; however he did have a meeting scheduled for next week
that would also include Mr. Stone.
ACTION:
Mayor Cox moved to adopt Resolution No. 2007-028, heading read, text waived:
RESOLUTION NO. 2007-028, 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
Deputy Mayor Rindone said he had wanted additional information concerning this
project from staff this evening, and he did not feel comfortable voting without
receiving that information. Therefore, he would abstain from voting.
Councilmember Ramirez seconded the motion, and it carried 4-0-1 with Deputy
Mayor Rindone abstaining.
Councilmember McCann asked Interim City Manager Thomson to work diligently toward
improved communications with Sweetwater staff.
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
At the request of Interim City Manager Thomson, the Council agreed to cancel the February 1,
2007 Council workshop.
15. MAYOR'S REPORTS
. Discussion regarding Southbay Power Plant Subcommittee
Mayor Cox explained the subcommittee structure in Chula Vista and expressed her willingness
to sit on a Council subcommittee, should that be the interest of the Council.
Kevin Johnson, representing LS Power, encouraged the Council to continue with an evaluation
of the project, and expressed the need to find a way to move the old plant from the bayfront.
Deputy Mayor Rindone inquired as to whether the community would have all the power they
needed, and if the power plant had a must-run condition. Mr. Johnson responded in the
affirmative.
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OTHER BUSINESS (Continued)
Alexandra Hart, representing the International Brotherhood of Electrical Workers, Local 569,
spoke in support of the formation of the Council subcommittee.
Laura Hunter, representing the Environmental Health Coalition, spoke III support of the
establishment of the subcommittee.
Councilmember Castaneda volunteered to serve on the subcommittee.
ACTION:
Councilmember McCann moved to nominate Mayor Cox and Councilmember
Castaneda to serve as the Southbay Power Plant subcommittee representatives.
Deputy Mayor Rindone believed the Council as a whole should be involved and fully participate.
Councilmember Ramirez expressed support for the subcommittee, offered himself as a
candidate, and requested that the subcommittee report back to the Council on a regular basis.
Mayor Cox confirmed with Assistant City Manager Madigan that a timeline had not been set for
the next workshop, as staff felt some investigatory time should be spent with the California
Energy Commission, California Public Utilities Commission, and California Independent System
Operator staff members prior to the second workshop.
Mayor Cox suggested setting the second workshop for February, and possibly holding off
establishing a subcommittee until after the second workshop.
Councilmember Castaneda stated the need for specific conversations with the regulatory
agencies and stakeholders and establishing the framework of how to proceed prior to the next
workshop.
Councilmember McCann said he felt the subcommittee should still be formed and the public
workshop held in February.
Deputy Mayor Rindone expressed support for holding the workshop in February.
ACTION:
Councilmember Ramirez seconded the motion, and it carried 5-0.
16. COUNCIL COMMENTS
Councilmember Ramirez stated that he would be hold office hours to meet with the public on the
first Monday of every month, alternating monthly between the east and west sides of the City.
West-side meetings would begin on February 5, from 6:00 p.m. to 7:45 p.m., at the South Chula
Vista Library. East-side meetings would begin on March 5, with the same hours, at Montevalle
Park.
Councilmember McCann thanked Lisa Cohen, CEO of the Chula Vista Chamber of Commerce,
for holding the Chamber installation dinner in Chula Vista and expressed hope that this tradition
would continue in the future.
At 10:27 p.m., Mayor Cox recessed the meeting to Closed Session.
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CLOSED SESSION
17. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957(b)(1)
Title: City Manager
No reportable action was taken on this item.
18. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6(a)
Unrepresented employee:
City Manager
No reportable action was taken on this item.
ADJOURNMENT
At 12:45 a.m., Mayor Cox adjourned the meeting to an adjourned regular meeting on January 25,
2007, at 6:00 p.m. in the Council Chambers.
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Lori Anne Peoples, MMC, Senior Deputy City Clerk
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MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
February 6, 2007
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:00
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
ABSENT: Councilmembers: None
ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk
Bigelow, and Senior Deputy City Clerk Peoples
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
Mayor Cox read the proclamation, and Deputy Mayor Rindone presented it to Principal Hejuan
Sun.
. INTRODUCTION BY ASSISTANT CITY MANAGER/LIBRARY DIRECTOR
PALMER, OF EMPLOYEE OF THE MONTH, JO ANN STORNIOLO, LIBRARY
ASSOCIATE
Assistant Library Director Brown-Peeling introduced Ms. Storniolo. Mayor Cox read the
proclamation, and Councilmember McCann presented it to Ms. Storniolo.
. PRESENTATION OF A DONATION TO THE CHULA VISTA PUBLIC LIBRARY
FROM QUALCOMM, INC. BY SARAH SNA VEL Y AND ALLISON KELLY
Sara Snavely, representing Qualcomm, Inc., presented a check in the amount of $15,000 to
Councilmember Ramirez to cover the cost of a year's subscription to Tutor.com for the Chula
Vista Public Library.
. 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"
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SPECIAL ORDERS OF THE DAY (continued)
Mayor Cox read the proclamation, and Councilmember Castaneda presented it to Chris Boyd,
CEO for Sharp Chula Vista Medical Center.
CONSENT CALENDAR
(Items I through II)
Councilmember Castaneda stated he would abstain on Item 10 due to a conflict of interest.
1. 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 CouncillPort 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 NO. 3059, 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 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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CONSENT CALENDAR (continued)
5. RESOLUTION NO. 2007-030, 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 NO. 2007-031, 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
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. RESOLUTION NO. 2007-032, RESOLUTION 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 NO. 2007-033, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT
PROJECT "HARBORSIDE 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 $10,000 IN
DEVELOPER'S REMAINING FUNDS (4/5THS VOTE REQUIRED)
Adoption of the resolutions accepts the SR2S grant program funds and authorizes 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 Elementary.
(City Engineer)
Staff recommendation: Council adopt the resolutions.
8. RESOLUTION NO. 2007-034, 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, FISCAL YEAR 2006
(JY-065L)" PROJECT
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CONSENT CALENDAR (continued)
Adoption of the resolution ratifies staffs action approving a change order that resulted
from unforeseen circumstances, which caused an increase in quantities for the proj ect
beyond what was anticipated during the preparation of the project specifications.
(General Services Director)
Staffrecomrnendation: Council adopt the resolution.
9. RESOLUTION NO. 2007-035, 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 three-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 DirectorlPublic Works Director)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2007-036, 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.
11.A. RESOLUTION NO. 2007-037, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING 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
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February 6, 2007
DRAFT
CONSENT CALENDAR (continued)
B. RESOLUTION NO. 2007-038, 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)
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.
ACTION:
Deputy Mayor Rindone moved to approve staffs recommendations and offered
the Consent Calendar, headings read, texts waived. Councilmember McCann
seconded the motion, and it carried 5-0, with the exception of Item 10, which
carried 4-0-1 with Councilmember Castaneda abstaining.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
There were none.
ACTION ITEMS
12. CONSIDERATION OF REPORT ON THE UPCOMING STATE LEGISLATIVE
SESSION FROM ADVOCATION, INC.
The City's advocate in Sacramento was asked to provide information on the recently
convened state legislative session and obtain input from the City Council on legislative
priorities for the coming year. (City Manager)
Communications Manager Carnevale introduced Chuck Cole and Wes Lujane of Advocation,
Inc. Mr. Cole presented the report and responded to questions of the Council.
Deputy Mayor Rindone asked the consultant to work with Sharon Cooney at MTS to assist in
regaining funds from the state and to protect transit-related revenues and resources. Ms.
Carnevale stated that this item has been and will continue to be included in the program.
In response to an inquiry by Councilmember Ramirez, Ms. Carnevale explained the process
involving items going before the Council legislative subcommittee. Councilmember Ramirez
asked that the subcommittee provide a report to the Council after its meetings so that
Councilmembers could be better prepared for discussion and direction when the legislative
program is placed on the Council agenda.
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ACTION ITEMS (Continued)
Councilmember McCann expressed three areas of concern: obtaining the City's fair share of
bond money for infrastructure, such as a bridge at 1-805 and Sweetwater Road; the elimination of
the must -run status at the South Bay Power Plant so that it can be taken down; and work at the
state level to secure grant funding to bring a four-year university to the City.
Mayor Cox asked that the 1-805/1-905 interchange be included when addressing funding
concerns to the state.
Communications Manager Carnevale stated that quarterly updates would be provided to the
Council.
ACTION:
Councilmember Castaneda moved to accept the report. Councilmember McCann
seconded the motion, and it carried 5-0.
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
Adoption of the resolution amends the Fiscal Year 2006-2007 City Council budget by
transferring a not-to-exceed cost of $40,000 from the personnel category to the supplies
and services category to provide the funding for an independent financial review,
approves in concept an agreement to retain Economic & Planning Systems (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)
Mayor Cox provided a brief overview of the staff report on behalf of the Council's independent
financial review subcommittee, comprised of herself and Deputy Mayor Rindone.
Deputy Mayor Rindone spoke in support of the recommended action and requested consideration
of adding an eighth task to examine the appropriate size ofreserves for Chula Vista. Mayor Cox
suggested the task be included as part of the "Desired results, bullet two" component.
ACTION:
Mayor Cox moved to adopt Resolution No. 2007-039, heading read, text waived:
RESOLUTION NO. 2007-039, 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
Councilmember Castaneda seconded the motion, and it carried 5-0.
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DRAFT
OTHER BUSINESS
14. CITY MANAGER'S REPORTS
There were none.
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.
Mayor Cox provided an overview of the CVRC subcommittee report.
The following people spoke in support of the subcommittee recommendation:
Charles Moore
Lisa Cohen, CEO of the Chula Vista Chamber of Commerce
Lisa Johnson, Chula Vista resident, Director of the Chula Vista Chamber of Commerce
and member of the RAC
Jack Stanley, Chula Vista resident, spoke in opposition to the recommendation, citing concerns
with lack of accountability and guidance from the elected officials.
Councilmember Ramirez requested that a report or memo be provided to the Council after the
subcommittee meets in order to give the rest of the Council time to formulate questions and
respond to recommendations prior to the item being placed on the agenda. Additionally, he cited
the need to address the other side of the issue and how accountability would be provided to the
residents. Councilmember Ramirez then referred to a memorandum he had issued that proposed
inserting leaders from community planning groups to provide checks and balances. He then
requested that the RAC be provided an opportunity to review and comment on the proposal, and
reiterated the need for the process to be as public as possible in order to reestablish public trust.
ACTION:
Mayor Cox moved to refer the consideration of removing Councilmembers from
the CVRC Board to the CVRC meeting of February 8, 2007, at 6:00 p.m. in the
Council Chambers. Deputy Mayor Rindone seconded the motion, and it carried
5-0.
B.
Ratification of appointment of David Turner to the Board of Appeals and
Advisors.
ACTION:
Mayor Cox moved to ratifY the appointment of David Turner to the Board of
Appeals and Advisors. Deputy Mayor Rindone seconded the motion, and it
carried 5-0.
C.
Ratification of appointment of Ann Tucker to the Commission on Aging.
ACTION:
Mayor Cox moved to ratifY the appointment of Ann Tucker to the Commission on
Aging. Councilmember McCann seconded the motion, and it carried 5-0.
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OTHER BUSINESS (Continued)
D.
Ratification of appointment of Jesse Navarro to the Safety Commission.
ACTION:
Mayor Cox moved to ratify the appointment of Jesse Navarro to the Safety
Commission. Councilmember Ramirez seconded the motion, and it carried 5-0.
16. COUNCIL COMMENTS
Councilmember Castaneda reported that he attended a California Child Obesity conference in
January as the City's representative on the Healthy Eating/Active Community (HEAC) board.
He said he was also asked to represent the City and speak at the Active Living Research Center
conference on February 22nd in Coronado, because Chula Vista is recognized as being in the
forefront of looking into health issues.
Councilmember Rindone asked staff to review the process of reporting vehicles stolen from the
auto park. He asked for the report by next Tuesday and that it include what is occurring and
what staff recommends be done to make responses to these incidents a top priority.
Councilmember McCann congratulated the Chula Vista Chamber of Commerce on its recent
installation dinner, which showcased the Eastlake Design Center. He also thanked the Fire
Department for hosting the Fire Station 8 grand opening celebration.
Councilmember Ramirez stated he had met with Mr. Fabiani of the San Diego Chargers and
toured their facility. Additionally, he stated that he held his first open-office hour at the South
Chula Vista Library on Monday, and he believed it to be a good public service.
A. Councilmember Ramirez: Consideration of support of the appointment of
Councilmember Castaneda to the California Coastal Commission.
Councilmember Ramirez requested support of the appointment of Councilmember Castaneda to
the California Coastal Commission.
Mark Croshier, Chula Vista resident, reported that he had filed a complaint with the Ethics
Commission on a matter involving Councilmember Castaneda. He understood that the
complaint was referred to the District Attorney and the Fair Political Practices Commission, and
had yet to be resolved. He suggested that the Council consider this prior to making a decision to
support the Councilman.
Teresa Accero, President of the Southwest Chula Vista Civic Association, stated that she had
been directed by her Board to provide a letter of support for the appointment of Councilmember
Castaneda to the California Coastal Commission.
Mayor Cox asked if Councilmember Ramirez was requesting individual letters of support from
Councilmembers or a letter sent on behalf of the entire Council. Councilmember Ramirez
responded that he was requesting staff to prepare a letter from the entire Council.
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DRAFT
OTHER BUSINESS (Continued)
ACTION:
Councilmember Ramirez moved to direct staff to draft a letter on behalf of the
entire City Council in support of the appointment of Councilmember Castaneda to
the California Coastal Commission. Mayor Cox stated that she had made prior
comments in support of San Diego Councilmember Hueso, and would therefore
abstain on the vote. Councilmember McCann seconded the motion, and it carried
4-0-1, with Mayor Cox abstaining.
At 5:46 p.m. Mayor Cox recessed the meeting to Closed Session for one case only.
CLOSED SESSION
17. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
. Three cases
Two cases were not heard, and there was no reportable action on the one case that was discussed.
ADJOURNMENT
At 7:45 p.m. Mayor Cox adjourned the meeting to the regular meeting of February 13, 2007 at
6:00 p.m. in the Council Chambers.
CXeU ~ y~
Lori Anne Peoples, MMC, Senior Deputy City Clerk
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MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
February 20, 2007
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:03
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
ABSENT: Councilmembers: None
ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, City Clerk
Bigelow, and Senior Deputy City Clerk Peoples
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY MAYLIN CHAVEZ, PROJECT COORDINATOR FOR THE
TOBACCO PROJECT AT THE INSTITUTE FOR PUBLIC STRA TEGlES,
RECOGNIZING THE CITY COUNCIL AND THE CITY OF CHULA VISTA FOR
BEING THE FIRST IN THE COUNTY TO IMPLEMENT SMOKE FREE PATIOS,
SMOKE FREE PARKS, AND THE 50 FOOT SMOKING BAN AT PUBLIC
ENTRYWAYS
Ms. Chavez introduced Molly Goldman from the American Lung Association and Manuel
Andrade from the City of San Diego Tobacco Project, and presented the Mayor and City Council
with a plaque which read "In Honor of the City of Chula Vista for its Leadership in Tobacco
Control by being the First City in San Diego County to Create Fresh Air Outdoor Dining."
Deputy Mayor Rindone accepted the plaque on behalf of the Mayor and City Council and
thanked Ms. Chavez and her colleagues for their recognition. He added that Chula Vista was
also the first city in the County to purchase compressed natural gas (CNG) busses, which has
resulted in pollution reduction throughout the City.
CONSENT CALENDAR
(Items I through 8)
Mayor Cox stated that Item 7 had been withdrawn from the agenda.
I . APPROVAL OF MINUTES of an Adjourned Regular Meeting of January 15,2007.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Memorandum from Councilmember McCann, requesting an excused absence
from the Council Meeting of February 13,2007.
Staff recommendation: Council excuse the absence.
-" I
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CONSENT CALENDAR (continued)
3. A. ORDINANCE NO. 3060, ORDINANCE OF THE CITY OF CHULA VISTA
ESTABLISHING A FOUR-HOUR PARKING LIMIT ALONG LAZO COURT AND
UPDATING SCHEDULE VI OF THE REGISTER MAINTAINED IN THE OFFICE OF
THE CITY ENGINEER TO INCLUDE THIS TIME-LIMITED PARKING ZONE
(SECOND READING)
B. ORDINANCE NO. 3061, ORDINANCE OF THE CITY OF CHULA VISTA
PROHIBITING PARKING ALONG LAZO COURT FROM 2:00 AM TO 6:00 AM
AND UPDATING SCHEDULE IV OF THE REGISTER MAINTAINED IN THE
OFFICE OF THE CITY ENGINEER TO INCLUDE THIS PARKING RESTRICTION
ZONE (SECOND READING)
Adoption of the ordinances establishes four-hour time-limited parking and the posting of
"No Parking 2:00 A.M. to 6:00 A.M." signs along Lazo Court. These ordinances were
introduced on February 13,2007. (City Engineer)
Staff recommendation: Council adopt the ordinances.
4. A. ORDINANCE NO. 3062, ORDINANCE OF THE CITY OF CHULA VISTA
ESTABLISHING THE SPEED LIMIT ON FIRST AVENUE BETWEEN PALOMAR
STREET AND QUINT ARD STREET AT 25 MPH (SECOND READING)
B. ORDINANCE NO. 3063, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING THE SPEED LIMIT ON FIRST AVENUE
BETWEEN QUINT ARD STREET AND SOUTHERN TERMINUS OF FIRST
AVENUE AT 25 MPH (SECOND READING)
Adoption of the ordinance provides for the establishment and posting of a speed limit of
25 mph at these locations. These ordinances were introduced on February 13, 2007.
(City Engineer)
Staff recommendation: Council adopt the ordinances.
5. ORDINANCE NO. 3064, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING ORDINANCE NO. 2892 RELATING TO PEDESTRIAN BRIDGE
DEVELOPMENT IMP ACT FEE AND AREA OF BENEFIT FOR OT A Y RANCH
VILLAGES ONE, FIVE, AND SIX TO INCLUDE VILLAGE TWO TO PAY FOR
PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITION OF ISSUANCE OF
BUILDING PERMITS (SECOND READING)
Adoption of the ordinance amends Pedestrian Bridge Ordinance No. 2892, to include
Village Two to pay for their fair share of bridge improvements. The fee is payable at
issuance of building permits. This ordinance was introduced on February 13,2007. (City
Engineer)
Staff recommendation: Council adopt the ordinance.
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CONSENT CALENDAR (continued)
6. RESOLUTION NO. 2007-045, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND THE METROPOLITAN TRANSIT SYSTEM (MTS) AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
City Transit staff notified the Council of staff's participation with the Metropolitan
Transit System (MTS) in a joint procurement process for the operation of Chula Vista
Transit (CVT) and maintenance ofthe CVT bus fleet in January of2006. The request for
proposals was issued and the proposals received were evaluated and ranked, followed by
negotiations with one firm. Adoption of the resolution approves a Memorandum of
Understanding outlining each agency's responsibilities regarding the new bus operation
contract between the City and MTS and authorizes the mayor to execute said agreement.
(Public Works Operations Director)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $151,000 FROM THE AVAILABLE BALANCE OF THE
GENERAL FUND AND ESTABLISHING NEW CAPITAL IMPROVEMENT
PROJECT NO. DRI74 (DRAINAGE F ACILITIES ENVIRONMENTAL STUDY AND
PERMITS), AWARDING THE CONTRACT TO WHITNEY ENVIRONMENTAL
CONSULTING, INe. (DBA FOOTHILL ASSOCIATES) TO PERFORM THE
ENVIRONMENTAL SERVICES RELATED TO OBTAINING PERMITS FOR THE
MAINTENANCE ACTIVITIES ASSOCIATED WITH SEVERAL OF THE CITY'S
DRAINAGE FACILITIES; AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT (4/5THS VOTE REQUIRED)
Several drainage facilities in the City are in need of maintenance. These activities require
authorizations from various state and federal agencies. Adoption of the resolution creates
a new capital improvement project to fund the processing of the state and federal
authorizations and preparation of the supporting environmental studies, approves a
contract with Foothill Associates to provide environmental services related to obtaining
the necessary authorizations, and authorizes the Mayor to execute the agreement. (Public
Works Operations Director)
Staff recommendation: This item be removed from the agenda.
8. RESOLUTION NO. 2007-046, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $80,285 IN
UNANTICIPATED REVENUES A WARDED TO THE CITY OF CHULA VISTA, AS
THE LEAD AGENCY FOR THE SOUTH BAY USED OIL RECYCLING PROGRAM
FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD'S
USED MOTOR OIL RECYCLING BLOCK GRANT FOR 2006-2007, 12TH CYCLE
(4/5THS VOTE REQUIRED)
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CONSENT CALENDAR (continued)
The California Used Oil Enhancement Act (1999) requires the collection of four cents for
every quart of lubricating oil sold, transferred and imported into California from oil
manufacturers, and Chula Vista consumers pay four cents per quart into the fund when
they purchase oil. The Act mandates that the California Integrated Waste Management
Board (CIWMB) use a portion of the funds to provide block grants to local governments
for used oil programs that encourage used oil and oil filter recycling. Chula Vista is the
lead agency for the Used Oil Recycling Program for the South Bay cities of Chula Vista,
Imperial Beach and National City. Adoption of the resolution accepts and appropriates
$80,285 in unanticipated revenues awarded to the City of Chula Vista from the CIWMB.
(General Services Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Councilmember McCann moved to approve staffs recommendations and offered
Consent Calendar Items I through 6 and 8, headings read, texts waived. Deputy
Mayor Rindone seconded the motion, and it carried 5-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Steven Pavka, Chula Vista resident, read into the record a recent letter to the editor regarding
perceived predatory towing practices within the County of San Diego and City of Chula Vista.
Mayor Cox referred the matter to staff.
ACTION ITEMS
9. CONSIDERATION OF FORMATION OF THE CITY OF CHULA VISTA HEALTH
CARE COMMISSION
At the meeting of January 9, 2007, the City Council directed staff to investigate the
appropriate role and function of a City Health Care Commission for the purpose of
assisting regional efforts to provide a strong health care infrastructure for the South Bay.
(City Manager)
Assistant City Manager Smith provided the staff report and requested direction from the Council.
Councilmember Castaneda asked how the commission would operate. Ms. Smith responded that
initially the commission would need to meet to frame the specific policy direction for legislative
support or opposition; assess the annual state of health care in Chula Vista, which would require
a consultant and should probably be done every two years; and provide direction around the H
Street Corridor, working with Scripps to review, study and dialogue ways to assist on the
economic strategy. Thus, initially, the commission would need to meet monthly and thence
quarterly.
Deputy Mayor Rindone stated that he liked the idea of having Chula Vista residents on the
commission and felt that a total of seven members would be sufficient.
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ACTION ITEMS (continued)
Councilmember Ramirez expressed reservations about the formation of a Health Care
Commission, stating that it falls too far outside the purview of what municipal government does
and would allocate resources away from legitimate activities of municipal government. He
suggested the use of existing resources, such as the legislative subcommittee and the City-paid
lobbyist firm to keep an eye on legislation, having local healthcare providers present annual
reports on the status of health care in the community, and referring the land use issues to the
Planning Commission.
Councilmember McCann recommended that the voting members include representatives from
Scripps and Sharp Hospitals, as well as a doctor and a nurse not affiliated with either of the
hospitals.
Councilmember Ramirez inquired, and Ms. Smith responded, that she had met with the CEO's of
both Scripps and Sharp Hospitals before and after drafting the report, and that they were satisfied
with the purpose and intent of the report as drafted.
ACTION:
Deputy Mayor Rindone moved to approve the formation of the Chula Vista
Health Care Commission, including Councilmember McCann's recommendation
to include representatives of the two hospitals on the seven-member board, with
the Council appointing the remaining five members. Councilmember Castaneda
seconded the motion, and it carried 4-1, with Councilmember Ramirez opposing.
Mayor Cox inquired and received confirmation that it would be acceptable to work with a
membership that included "licensed health care professional," and confirmed that the City
Attorney would prepare an ordinance establishing the commission.
10. CONSIDERATION OF APPROPRIATION OF FUNDS FROM THE PUBLIC
FACILITIES DEVELOPMENT IMPACT FEE FUND FOR THE CONSTRUCTION OF
PHASE 3 OF THE CIVIC CENTER RENOVATION PROJECT
In July 2001, the Council approved a master plan for the renovation of the Civic Center,
and in February 2003, the Council approved a design build agreement with Highland
Partnership, Inc. to design and construct the project. In August 2004, the Council
approved the guaranteed maximum price of the project at $38,346,000, which reflects the
amount to be paid to the design builder for design and construction. The total project
budget approved by the Council in August 2004 was $50,148,000. Adoption of the
resolution appropriates the funds to construct the third and final phase of the project in
accordance with the previous Council actions. (General Services Director/Finance
Director)
Deputy Mayor Rindone stated that his residence was within 500 feet of the project and he would
therefore abstain from discussion and voting on this item. He then left the dais.
City Attorney Moore stated for the record that the Council was considering an item to
appropriate funds for the Chula Vista Civic Center remodel, and General Services' staff had
determined that Deputy Mayor Rindone owned property within 500 feet of the project site.
General Services' staff had also determined that Councilmember Castaneda's property was more
than 500 feet from the project site, and he was, therefore, able to participate on the item.
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ACTION ITEMS (continued)
General Services Director Griffin provided the staff report.
Mayor Cox stated that Ian Gill of Highland Partnership, Inc. was present to answer questions.
ACTION:
Councilmember McCann moved to adopt Resolution No. 2007-047, heading read,
text waived:
RESOLUTION NO. 2007-047, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING
FUNDS FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT
FEE FUND FOR THE CONSTRUCTION OF PHASE 3 OF THE CIVIC
CENTER RENOVATION PROJECT (GG-300) (4/5THS VOTE
REQUIRED)
Councilmember Ramirez seconded the motion, and it carried 4-0-1, with Deputy
Mayor Rindone abstaining.
OTHER BUSINESS
II. CITY MANAGER'S REPORTS
Interim City Manager Thomson reminded the Council that the CVRC/RDA meeting of February
22, 2007 had been canceled; requested and received Council concurrence to cancel the February
27, 2007 regular meeting of the City Council due to a light agenda; and stated that a Council
workshop on the budget was scheduled for Thursday, March ],2007.
12. MAYOR'S REPORTS
. South Bay Power Plant Council subcommittee report requesting Council support of
the subcommittee's recommendations regarding the LS Power application; the
Port/LS Power lease; and establishing March ]5, 2007 at 6:00 p.m., as a time to
conduct a workshop regarding energy issues.
Mayor Cox provided an overview ofthe issue of the South Bay Power Plant located on the Chula
Vista bayfront, followed by the Council subcommittee's (Mayor Cox and Councilmember
Castaneda) report and recommendations for Council consideration. The subcommittee's report
stated that the committee members oppose the placement of a power plant on the bayfront and
recommend the following:
I. The City Council reaffirm its formal position that the South Bay Power Plant be
decommissioned by January 2010, and demolished immediately thereafter;
2. The San Diego Unified Port District be requested immediately to initiate such
steps as may be necessary to accomplish the decommissioning and demolition of
the South Bay Power Plant by January 2010; and
3. The San Diego Unified Port District be requested to not enter into any contracts or
contract extensions that would violate the above.
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OTHER BUSINESS (Continued)
Mayor Cox said the subconunittee would travel to the San Francisco/Sacramento area on March
7 to talk with agencies that will determine the Reliability Must Run (RMR) and resource
adequacy. Mayor Cox further stated that the second meeting (Bayfront, Energy, Infrastructure
workshop), which was to follow the joint City Council/Port District workshop held on January
18, 2007 to allow for other agencies such as LS Power and San Diego Gas & Electric to provide
their conunents, had been tentatively scheduled for Thursday, March 22, 2007, at 6:00 p.m.
Councilmember Castaneda stated that according to his discussion with the City's Port
Commissioner, the earliest the Port District could consider this item would be March 13, 2007,
which allowed time for continued work by the Council subcommittee with SDG&E, LS Power
and other entities and interests that would have a say in the matter. Councilmember Castaneda
then reconunended that the matter of a new lease on what is referred to as the LNG site be
brought forth for the City's formal position at a special Council meeting on March 8, 2007,
following the regular meeting of the CVRC/RDA.
Kevin Johnson, representing LS Power, was encouraged that the Council and his firm shared the
conunon objective of removing the old power plant, and expressed his belief that a replacement
project on the LNG site would provide a direct link between new generation and the removal of
the RMR status. Mr. Johnson then encouraged the subcommittee and the Council to continue its
deliberations and examination of the issues and also alternative sites within the City of Chula
Vista, and to not forclose on any potentially viable options on the LNG site until all of the facts
were known.
Leticia Ayala, Chula Vista resident, submitted a speaker's slip in opposition to the placement of
a power plant on the bayfront but was not present to speak when called upon.
Judy Cascales, Chula Vista resident and retired teacher, stated that the children who live south of
the power plant experience a 20% higher hospitalization rate than in other areas in the County
and have a higher school absentee rate. Others with suppressed inunune systems and other
health concerns and the elderly are also affected. Ms. Cascales spoke in support of removing the
existing power plant, and asked the Council to continue to consider the wellbeing of the area's
residents by opposing the LS Power proposal for the bayfront.
Jose Preciado, Chula Vista resident and President of the South Bay Forum, stated his
organization was pleased with the subconunittee reconunendations and encouraged due diligence
in pursuing the matter.
Lynda Gilgun, Chula Vista resident, thanked the Council for the work they had done and spoke
in support of the removal of the power plant.
John Flynn stated he was working on a project to bring renewable energy to California, and he
encouraged the Council to look long and hard prior to installing any energy that is not renewable,
as is solar or wind energy.
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OTHER BUSINESS (Continued)
Laura Hunter, representing the Environmental Health Coalition and downwind neighbors,
strongly encouraged the Council to take immediate action to end the idea of a large gas-powered
power plant on the bayfront; oppose a new lease for the LS Power project; tell the Port to get
going on the decommissioning; communicate the City's position to the California Public Utilities
Commission before February 24th; and communicate the City's interest in developing different,
better options for now and in the future. Ms. Hunter further stated that the Port has full
discretion to withhold a lease for a new plant and cited the cooperation agreement between the
Port and LS Power that clearly states in Section 7.4(a) "...which approval may be withheld in the
Port District's sole and absolute discretion."
Melanie McCutchan, researcher with the Environmental Health Coalition, stated that the LS
Power proposal for a large natural gas power plant on the bayfront was a bad option, and she
encouraged the Council to take immediate action and send a clear statement in opposition to LS
Power's current proposal.
Georgette Gomez, community organizer for the Environmental Health Coalition, stated that she
spoke with area residents living near the power plant who were concerned about the new
proposal and wanted the existing plant removed. Ms. Gomez then provided copies of cards
signed by area residents, addressed to Commissioner Geesman of the California Energy
Commission (CEC), urging the CEC "to reject the current 620MW duct-fired power plant
proposal, reject any option that does not emit significantly less pollution on downwind
communities, and require clean, renewable energy and conservation as part of the project."
Jim Peugh, representing the San Diego Audubon Society, spoke in support of the subcommittee
recommendation that no power plant be placed on the bayfront, as the proposed site is
immediately adjacent to a national wildlife refuge. He encouraged the Council to find a better
use for the environmentally sensitive and precious waterfront land.
Jerry Scott, Chula Vista resident, concurred that the old power plant should be torn down and a
better, cleaner facility was needed. However, he expressed hope that the Council would wait
until the financial review was completed before rushing to judgment about whether a power plant
should be built on the bayfront. Mr. Scott cited potential revenue the proposed base load plant
would provide for the City, recommended that peaker plants never be considered for the site, and
once again encouraged the Council to postpone making a decision until the financial plan is in
hand.
Councilmember Castaneda stated that he would not trade health for revenues, that he did not
want generation on the bay, and that it was prudent for the City to work with the agencies that
make the decisions and figure out how to solve the problem.
Councilmember Ramirez requested that in the future the subcommittee provide its
recommendations ahead of time for Council review, as he was not clear on the recommendation
with regard to LS Power and its proposal. Mayor Cox clarified that the proposal contained a
power plant on the bayfront, contrary to the subcommittee's recommendation.
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February 20,2007
OTHER BUSINESS (Continued)
Deputy Mayor Rindone stated he agreed with the removal of the old power plant from the
bayfront, but was concerned that stating a position to the Port District would eliminate the option
that would ensure the removal of the RMR status.
Councilmember McCann stated he was ready to take action, citing that at the prior workshop, the
CALISO (California Independent System Operator Corporation) representative stated that a new
power plant on the bayfront was not needed to get the RMR status removed, but the power
provided needed to state that it had enough power in its plan to provide for the needs of the
region; SDG&E (San Diego Gas & Electric Company), who put the plan together, stated that a
new plant did not fit in its plans and they were not going to buy power from the plant; and LS
Power stated it did not have long-term contracts to sustain the power plant. Thus, if there are no
contracts, no revenue would be generated, and no pass-through revenue would come to the City.
Councilmember McCann thanked LS Power and said he was willing to work on reviewing other
alternatives within the City and region, but would not support any power plant on the bayfront.
Councilmember Ramirez expressed his interest in making a definitive statement immediately, as
well.
Councilmember Castaneda reaffirmed his intent that although there would be a new plant or
source of energy somewhere in the County, the alternative would not be placed on the Chula
Vista bayfront.
Deputy Mayor Rindone stated that he could only support a motion that would ensure that the
RMR status would be removedy.
ACTIONS: Mayor Cox moved that the City Council reaffirm its formal position that the
South Bay Power Plant be decommissioned by January 2010 and demolished
immediately thereafter. Councilmember Castaneda seconded the motion, and it
carried 5-0.
Mayor Cox moved that the San Diego Unified Port District be requested to
immediately initiate such steps as may be necessary to accomplish the
decommissioning and demolition of the South Bay Power Plant by January 2010.
Councilmember Castaneda seconded the motion, and it carried 5-0.
Mayor Cox moved to recommend that the San Diego Unified Port District be
requested to not enter into any contracts or contract extensions that would violate
the above (prior motion referring to the decommissioning and demolition of the
South Bay Power Plant by January 2010). Councilmember Castaneda seconded
the motion, and it carried 5-0.
Councilmember Ramirez moved that the Council ask the Port not to extend the lease for LS
Power for a new plant/project, and state that the applicant's project is unacceptable for the
bayfront and would not be suitable for Chula Vista under any circumstances. The motion died
for the lack of a second.
Page 9 - Council Minutes
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February 20, 2007
OTHER BUSINESS (Continued)
Mayor Cox commented that since the Port District was the recipient of the EIR (Environmental
Impact Report), they were well aware of the plans the City Council has for the bayfront; and with
representatives from LS Power present at this meeting, they heard the testimony and unanimous
actions taken by the Council.
Councilmember McCann suggested tasking the Council subcommittee with working to remove
the RMR status on the South Bay Power Plant by taking the planned trip to Sacramento/San
Francisco and working with the necessary people to gain assistance for removing the RMR.
ACTION:
Councilmember Castaneda moved that the City Council of Chula Vista take a
formal position that it does not want a power plant, old or new, on its bayfront.
Councilmember Ramirez seconded the motion, and it carried 5-0.
Mayor Cox thanked Michael Meacham for being extraordinarily helpful, as well as City staff
who had helped in the power plant site search.
13. COUNCIL COMMENTS
. Councilmember Ramirez: Discussion on making the City Manager deliberations in
public.
Councilmember Ramirez asked that the City Manager discussions be held in the public arena so
that the public would have the opportunity for input on the kind of City Manager best suited for
the City. Additionally, he felt the Council should express the criteria it felt was important, and
the public could then judge the Council on its selection. He asked for a report from the Interim
City Manager and City Attorney on what could and could not be discussed in public.
Councilmember Castaneda confirmed that Councilmember Ramirez' intent was to have a
community discussion about the qualities the public felt an effective City Manager should have,
but not inquire of the applicants directly.
] ose Preciado, Chula Vista resident and president of the South Bay Forum, stated that he had sent
the Mayor and Council an e-mail requesting that the City Manager hiring process be more
transparent, but it was not clear what kind of administrative leader the City Council was looking
for. He asked if there was a job description that listed qualifications and said he personally
would like to have a better understanding of all aspects of the process. Mayor Cox asked that the
recruitment brochure, which responded to many of Mr. Preciado's questions, be provided and
possibly placed on the City website.
ACTION:
Councilmember Ramirez moved to direct City staff, along with the City Attorney,
to recommend a process or forum at the next meeting whereby the Council could
discuss what is or is not appropriate to discuss in public. Councilmember
Castaneda seconded the motion, and it carried 3-2, with Councilmember Rindone
and Mayor Cox opposed.
Page 10 - Council Minutes
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February 20, 2007
CLOSED SESSION
Mayor Cox convened Closed Session at 8:41 p.m.
14. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957(b)(l)
Title: City Manager
No reportable action was taken on this item.
15. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE 54957.6(a)
Unrepresented employee:
City Manager
No reportable action was taken on this item.
16. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (b) OF
GOVERNMENT CODE SECTION 54956.9
. Six cases
No reportable action was taken on this item.
ADJOURNMENT
At 12:00 a.m., Mayor Cox adjourned the meeting to the adjourned regular meeting of March 1,
2007, at 6:00 p.m. in the Council Chambers, and thence to the regular meeting of March 6, 2007,
at 4:00 p.m.
~~~y~
Lori Anne Peoples, MMC, Senior Deputy City Clerk
Page 11 - Council Minutes
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February 20,2007
DRAFT
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
February 27, 2007
6:30 P.M.
A Special Meeting of the City Council of the City ofChula Vista was called to order at 6:37 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
ABSENT: Councilmembers: None
ALSO PRESENT:
City Attorney Moore and Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
PUBLIC COMMENTS
Jack Stanley spoke about Voit Development's interest in developing the property located at 3525
Main Street. He asked that the City repair the storm drain at that location; place a cul-de-sac at
the end of Reed Court; close Britton Avenue and pass that real estate back to the property owners
on each side; and take care of the large overhead power lines in the area, all of which he believed
would enable easier development and public access in the area. He understood through
discussions with the City that funding was not available to repair the storm drain, and he
proposed to pay for the repair against the value of a portion of the City's greenbelt property that
he had an interest in acquiring, which would increase the size of his property parcel. Mayor Cox
referred the matter to staff to come back with a report in a couple of weeks.
Israel Garza, president of the Chula Vista Rangers Soccer Club, spoke about the recent soccer
tryout sessions at Montevalle Park. He thanked the Council for working hard and planning for
the construction of the many citywide recreation facilities. He also expressed thanks to the Parks
and Recreation Commission, the Parks and Recreation Department, and the Park Rangers for
their hard work in keeping the facilities running smoothly. He gave special recognition and
thanks to Recreation Supervisor Ted Nelson for his hard work with the City's Youth Sports
Council.
John Humiston stated that his two sons were present with him at the meeting to meet their
communications merit badge requirement. He then thanked Mayor Cox for successfully running
for Mayor and for restoring the moral tone of leadership that the City should have. He
complimented the Council for its vision in implementing buses run on compressed natural gas,
suggested consideration of a public natural gas station located on Maxwell Road, and encouraged
residents to pursue the use of natural gas.
:1'0-1
DRAFT
PUBLIC COMMENTS (Continued)
Peter Watry spoke about the upcoming Presidential and local elections and rumors in
Sacramento about the passage of Senate Bill 113 that would move the Presidential primary
election to February 5, 2008. He stated that he had received clarification from the Registrar of
Voters that this would not automatically cause a change in date for local elections on June 3rd.
He urged the Council to issue a definitive statement that no matter what the outcome of Senate
Bill 113, Chula Vista's election would be conducted on June 3rd, as scheduled. Mayor Cox
asked the City Attorney's Office to post a statement on the City's website.
Councilmember Castaneda invited the public to attend the public safety subcommittee meeting to
discuss safety in the southwestern portion of the City. The meeting will be held on February 28,
2007, at 6:45 p.m..
CLOSED SESSION
At 6:55 p.m., Mayor Cox recessed the meeting to Closed Session.
I. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957(b)(I)
Title: City Manager
No reportable action was taken on this item.
2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE 54957.6(a)
Unrepresented employee:
City Manager
No reportable action was taken on this item.
ADJOURNMENT
At 8:00 p.m., Mayor Cox adjourned the meeting to an adjourned regular meeting on March I,
2007, at 6:00 p.m. at the John Lippitt Public Works Operations Center, 1800 Maxwell Road.
~w~R~~
Lorraine Bennett, CMC, Deputy City Clerk
Page 2 - Council Minutes
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February 27, 2007
DRAFT
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
March I, 2007
6:00 p.m.
A Special Meeting of the City Council of the City of Chula Vista was called to order at 7:39
p.m., in the John Lippitt Public Works Operations Center, 1800 Maxwell Road, Chula Vista,
California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor
Cox
ABSENT: Councilmembers: None
OTHERS PRESENT: City Attorney Moore, City Clerk Bigelow, Senior Deputy City Clerk
Peoples
CLOSED SESSION
Mayor Cox convened the Closed Session at 7:40 p.m.
I. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957(b)(I)
Title: City Manager
No reportable action was taken on this item.
2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE 54957.6(a)
Unrepresented employee:
City Manager
No reportable action was taken on this item.
ADJOURNMENT
At 9:30 p.m., Mayor Cox adjourned the meeting to the regular meeting of March 6, 2007 at 4:00
p.m. in the Council Chambers.
a~~f~
Lori Anne Peoples, MMC, Senior Deputy City Clerk
dE; - /
CITY COUNCIL
AGENDA STATEMENT
~\~ CITY OF
-~ CHUlA VISTA
3/20/2007
Item ---3-
SUBMITTED BY:
REVIEWED BY:
RESOLUTION ApPROVING THE SECOND AMENDMENT TO THE
COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORT A T10N (CAL TRANS) REGARDING THE 1-
80S/OLYMPIC PARKWAY-ORANGE AVENUE INTERCHANGE, AND
AUTHORIZING THE MAYOR TO SIGN THE SECOND AMENDMENT.
CITY ENGINEER S J /
INTERIM CITY MANAGER (jl
ITEM TITLE:
4/5THS VOTE: YES
NO X
BACKGROUND
In order for roadway improvements related to the 1-805 Interchange at East Orange
A venue/Olympic Parkway to occur within the state right-of-way, a Cooperative Agreement (COOP)
between Caltrans and the City was required per the Streets and Highways Code. Caltrans and the
City signed a COOP for the construction of the interchange improvements, which was approved on
May 6,2003, by Resolution No. 2003-175. The COOP identified the roles and responsibilities of
Caltrans and the City as well as associated financial responsibilities. In order to complete additional
work at Main Street, as part of a construction change order, the COOP was amended on May 24,
2005 to extend the project limits further to the south. Caltrans and the City recommend that the
COOP agreement be further amended to modify the landscape maintenance period from 36-months
to 20-months.
ENVIRONMENTAL REVIEW
The I-80S/Olympic Parkway Orange Interchange Project, construction change orders and
previously approved COOP agreement have been reviewed and evaluated pursuant to the
requirements of the California Environmental Quality Act (CEQA) and the National
Environmental Policy Act (NEP A). The following environmental documents have been
approved in reference to previous actions associated with the proj ecl:
On May 6, 2003, the City of Chula Vista City Council adopted a Mitigated Negative
Declaration/Environmental Assessment (IS-00-49) for the overall I-80S/Orange Avenue
3-1
3/20/2007 , Item .3
Page 2 of5
project. In accordance with NEP A, the Federal Highway Administration (FHW A) also
issued a Finding of No Significant Impact (FONSI) on May 27,2003.
. On January 22, 2004, both Caltrans and the FHW A determined the northbound on-ramp
work to be Categorically Exempt, under Class I Section 15301 of the California State
Resources Guidelines. The project also met the criteria for Categorical Exclusion under
NEPA, Section 771.117 (d) (I).
. The proposed construction change order for the southbound on-ramp at I-805/Main
Street! Auto Park Drive interchange and under-crossing was evaluated under an
Environmental Reevaluation/Addendum for the I-805/East Orange Avenue/Olympic
Parkway Interchange Project Final Mitigated Negative DeclarationlFinding of No
Significant Impact dated May 2005 that was approved by Caltrans and FHW A.
. The original COOP was determined to be Categorically Exempt pursuant to the State
CEQA Guidelines Section 15061(b)(3). The first amendment to the COOP was
determined to be covered under the above mentioned previous environmental approvals.
Based on the above, the City's Environmental Review Coordinator has reviewed the proposed
second amendment to the COOP agreement and determined that there are no substantial adverse
changes in the project, the setting, or circumstances surrounding the project. The proposed
amendment will modify the landscape maintenance period, however overall construction and
landscaping standards will continue to be met pusuant to Caltrans state standards. No further
environmental review or documentation is necessary.
RECOMMENDATION
That Council adopt the Resolution approving the Second Amendment to the Cooperative
Agreement with the State of California Department of Transportation (Caltrans) regarding the 1-
805/01ympic Parkway-Orange Avenue interchange and authorizing the Mayor to sign the
Second Amendment.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The Streets and Highways Code sections 114 and 130 require a COOP in order for the City to
perform work within the state's right-of-way. The COOP must identify the roles and
responsibilities of the participating agencies (Caltrans and the City of Chula Vista in this case),
and include related funding arrangements. The work on the I-805/East Orange Avenue/Olympic
Parkway interchange project required both work within the state right-of-way and work outside
of the state's right-of-way. Since the City is considered to be the project applicant and
administrator with Caltrans providing oversight at a projected cost of approximately $2.0
million, Caltrans and the City signed a COOP for the construction of the interchange
3-2
3/20/2007 , Item3
Page 3 of 5
improvements (see Attachment I), which was approved on May 6, 2003, by Resolution No.
2003-175 (see Attachment 2).
First Amendment to Cooperative Agreement approved on May 24, 2005
As part of the I-805/East Orange Avenue/Olympic Parkway interchange project, some of the
construction work at the southerly limits extended onto Main Street and the Main Street
interchange area. The original project added a southbound auxiliary lane on the freeway
between East Orange Avenue and the southbound off-ramp at Main Street, in part due to Coors
Amphitheatre events. The project also provided for widening the southbound off-ramp and
traffic signal modifications. The original contract did not include any work on the two Main
Street on-ramps, only the southbound off-ramp.
Since the northbound and southbound intersections of Main Street with I-80S ramps were
operating at a poor level of service due to the high number of left-turns and right-turns onto the
freeway, both Caltrans and the City were interested in constructing interim improvements on the
two on-ramps until such time as the ultimate improvements could be determined and financed.
In the interim, the Main Street under-crossing and on-ramp improvement construction change
order to the I-80S/Orange Avenue project required some widening to the north curb line of Main
Street east of I-80S in order to provide for an additional westbound-to northbound right-turn lane
onto northbound I-80S. In addition, the Main Street under-crossing of I-80S was re-striped to
provide an additional westbound-to-southbound left-turn lane onto southbound I-80S within the
existing curb-to-curb paved roadway. Both the northbound on-ramp and the southbound on-
ramp were widened to accept the dual lanes. Recent traffic studies show that the ramps are
operating at improved levels of service even with the recent completion of the Crossings
Shopping Center and several automobile dealerships over the past year. Without these interim
improvements at Main Street, traffic studies for these recent projects would have shown that
threshold standards had been exceeded and these large commercial projects would likely have
been delayed significantly or not approved.
In order to complete the work on the southbound on-ramp to Main Street, the COOP was
amended on May 24, 2005 (see Attachment 3), per Council Resolution #2005-167 (see
Attachment 4) to extend the project limits further to the south in order to incorporate all of this
southbound on-ramp work area. The existing limits of work as shown on the original plans did
not anticipate this ramp work and consequently, the COOP limits needed modification.
Therefore, in order to be consistent with the revised plans and allow the contractor to work in the
area not originally identified, Caltrans recommended that the southerly project limits be revised
an additional 0.6-mile further south in order to include all the revised area of work and traffic
control devices. All other terms and conditions of the original COOP remain in full force and
effect.
By constructing these improvements as part of the I-805/East Orange Avenue/Olympic Parkway
interchange, the City, Caltrans and SANDAG received the benefit of reduced construction costs
in comparison to a stand alone project, and of accommodating existing traffic volumes so that the
local street traffic and the on/off-ramp traffic queues would be reduced. SANDAG provided a
post-authorization augmentation to the project of approximately $l.4M toward funding the work
related to the northbound on-ramp.
3-3
3/20/2007 , Item~
Page 4 of5
Proposed Second Amendment
In the current COOP, the City is responsible for:
. Maintenance of Project landscape within State's right-of-way for 36 months from date of
completion of construction;
. Maintenance of existing facilities within construction disturbance limits that service areas
within the Project limits but are outside of the construction disturbance limits;
. Paying all costs for Project related landscape maintenance costs including water costs for
36 months from date of completion of construction;
. Repairing any deficiency during that 36 months that is within the Project's disturbance
limits or damaged by construction or landscape maintenance activities.
The City is NOT responsible for landscape within the state's right-of-way that is not within the
construction disturbance limits.
To that end, during development of the COOP, Caltrans and the City separated out the project
landscaping limits to identify project-related landscaping (located within the construction
disturbance areas) and unaffected landscaping (located in existing facilities area).
Approximately 55% of the landscaping located within the project limits on 1-805 was replaced
(disturbed) with the City's project making the City responsible for 55% of the costs and Caltrans
responsible for 45% of the costs during the 36-month landscape maintenance period ending on
February 28, 2009. The fiscal impact to the City remains unchanged.
It has proven difficult to separate Caltrans maintenance work with City contractor plant
establishment work according to the originally agreed upon 55%/45% split during the 36-month
landscaping maintenance period that commenced on March I, 2006. Caltrans and City staff have
agreed that it is preferable to reduce the landscape establishment period to 20-months (55% of
the original 36-month period) with the City assuming 100% of the costs for a prorated shorter
amount of time. Caltrans would then assume 100% of the costs earlier thereby achieving the
55%/45% split in a more practical way. This modification allows the City to close out this
project l6-months sooner with the landscaping maintenance period ending on October 31, 2007
rather than February 28,2009.
Caltrans has prepared and tentatively approved the second amendment, which reduces the
maintenance period from 36 months to 20 months (see Attachment 5).
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 which is the subject of this action.
FISCAL IMPACT
These actions have no impact on the General Fund. The project is funded with local
development impact fees, state and federal funds. Total costs associated with this responsibility
3-4
3120/2007 , Item 3
Page 5 of 5
do not change, but rather are compacted into the amended landscape maintenance period
(originally 55% for 36 months amended to 100% for 20 months).
ATTACHMENTS
I. Cooperative Agreement No. 11-0601 dated May 6, 2003
2. Resolution 2003-175 dated May 6,2003
3. Amendment to Cooperative Agreement No. 11-060 II Al
4. Resolution 2005-167 dated May 24, 2005
5. Second Amendment to Cooperative Agreement
Prepared by: Frank Rivera, Principal Civil Engineer, Engineering Department
J:IEngineerIAGENDAICAS2007103-13-07ISTM 328 Cn-Op Agreement rev.doc
3-5
ATTACHMENT
.....
'. ~
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015563
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KP 5.9/8.1 (pM 3.7/5.0)
EA 1565831234000
Agr==tNo.11-j)60~
. Ic80510rarige Avenue
Construction
COOPERATIVE AGREEMENT .
TIllS AGREEMENT, EN'I'EREO INTO AND.EFFECTIVE ON tvto.. Y co,::2CO;3; is between
the S1:'ATE OF CALIFORNIA; acting by and thrOUgh its Department ofTni.nspOrtation, refen:edto
herein as "STATE" .and - .
, .
CITY OF CHULA VISTA, a body politic and a
municipal corporation of the State - of . California,
referred foherein as "CITY\
RECITALS
1. STATE and CITY pursuant to Streets and High..;yays Code Sections 114 and 130, are
authorized. to enter into a Cooperanve Agreement for improvements to State highways
within City of Chula Vista. .
2. CITY desires to construct STATE highway improvements consistiUg of a modification of
the Orange A veriue Interchange, traffic signals and sound barrierS on Interstate 805 froni
Mllin Street/Auto Park Drive to EaSt Palomar SU:eet, r,eferred to Jiereinas "PROJECT" and
is responsible to identify and provide Olle hundIed percent (100% Jof fun,diog for ail capitai
outlay and staffing costs, asset forth in ~ Agreement. -
3. CITY desires to prepare c6ntractdocumeilts, advertise, award and.;uimini<rter a cQnstruction.
contract for PROJECT. . .
4. The project development, indl,ldingbut. not limited to, Project ReportlEnYironmental
DO'cument (pRJED) and Plans, SpecificationS and Estima;te (PS80E), were coverediri.
Cooperative Agreement No. il-8232, executed by STATE and 'CITYon April 9,2002,
STATE Document No. 015322 (CITY Resolution No. 2002-099).- - .
5. The parties hereto intend to define herein terms ari.d conditions under which PROJECT is
to be constructed, financed and maintained. .
.
.
.
3-6
11-0601
015563
SECTIoN I
CITY AGREES: .
L To provide all necessaxy engineering including plans,specificatio:os .and utility
identification, location, relocation plans, and. "As-BUilt" plans for PROJEcr and be
responsible to identify and proVide Qne hundred p=erit (leO %)6f expense thereof, sul;lject. .
to approval by STATE. . .
2. To secure all required permits, including but not limited to Regional Water Quality Control
Board number 401, U.S. Corps of En~rs number 4G4, Department. of Fish and Game
nllinber 160.1, and Coastal Zone, prior. to issuing a Notice to Proceed to Conlractor selected
to.construct PROJECT.
3. To advertise, award arid administer constrilctioi:1 contract foiPROJECT in accordance with
requirements of state ~Contr~ct Act, Local Agency PUblic. Constl'licti.an Act and California
Lab6; Code, including its.PEevailing wage proyisions. Workers employed in perfcirmance of
werk contracted for by CITY, and/or performed under encr<XICbmentpemllt, are cciveredby
provisionS of Labor Codem S1lIlle IIlanner as arewbrkers emPlOYed. by STATE's
Contractors. CITY shall obtain applicable wage rates fro'm.Staj:eDepartment of Industrial
Relations and shall adhere to appliCable. proViSions of State Labor Code. Violations shall be .
reported to the State Department ofInclu,strial Relations.
4. To .awardacoritract for construction of PROJECT to the lowest responsible bidder. CITY
will not award a contract Without written concurrence.by STATR:
5. To advertise and award PROJECT in. accordance with mest cUrrent published Local
Assistance Procedures Manual and amendments thereof. .. .
6. To forward, within 10 days of .contract award to SlA1B, District 11 Local Assistance
Program Manager, all official ~imtiact ioformation; including .contract award amouot,
contract award date and bid summary.of successfurbidder. Failure to comply.will cause.
delays in the STATE processing invoices for the construction phase: Please refer to Section.
15 .7- Awards Package of the Local Assistance Procedures Manual.. .
7. To comply with Disadvantaged Business Entel:ppse (DBE) prognui1Guidelines io
ad,vertLsing, awarding, and reportiiig DBE utiljzation for PRoJECT io accordance with the
Annual DBEPTogram approved by STATE's District 11 Local Assistance EngiD.eer.
8. To apply for a necessary, fee exempt, encroachment permit(s) for required work within.
STATE highway right cifway in accordance with STATE's standard peimitprocedwis, as
more specifically defined io Articles (3),(4), (5) and (6) of Section ill of this Agreement.
9. In recognition that PROJECT construction work done on STATE's' property will not be
directly funded arid paid by STATE, for the pUl:pose of protecting stop notice claimant;s and
. Page 20f 14
.
.
.
3-7
11-0601
015563
the interests of STATE relative to, succ~sful PROJECT completion, CITY agrees to require
the construction contractor furniSh both a. payment SIid pcrfomiance ,bond namitig CITY as
obligee 'With ,both bonds complying 'With thC requirements set forth in Section 3-1.02 of
STATE's cUrrent Standarrl Sped,ficati.ons ,prior to performing any PRO~CT construction
work. CITY.shall defend; .i:p.demDify" and hold bmiJIess' STATE and all its officers and
'employees from all claims by stOP notiCe c1.im''''lB related 1D !he construction of PR-QJECf under
the payment bond. :' ' ' '
Ill. . Contract Administration procedUres. shall conform to requirements set forth in STATE's
Constructio'; Manual, Local AssistanCe Procedures Manlial' and EncrQacliment Permit for
conStruction of PROJECT.
11. Construction within existing or i1!tiniate 8T ATE right of way shall comply with
requirements in HSTA TE's Stimdard Specifications, Standard Plails, PROJECT Special
Provisions and Plans, and in conformance with methods and practices sPecified in STATE's
Construction Manual, and subject to approval of STATE lteSident Engineer for oversight [m
accordance with Articles (2) aild (3) of Section II].
12, CITY desires to use STATE staff to perform surveys as REIMBURSED WORK. Such
surveys performed shall conform' to methods, procedures, and requirements of STATE's
Surveys Manual and ,STATE's Staking Information' Boek1et, and subject to approval of
STATE Resident Engineer for oversight Final project iurveys will incl~e'fuia.iright of
way monumentation in accordance VlithDistrict 11 Survey Branch policy and p~dirres.
13. CITY desires to use STATE ,staff to perform mate~al testing and quality cOJi.trol as
.REIMBURSED woRk 'Such work shall confoim to' S:rATE's Construction Manual and
STATE's MaterialsT estirig ManUal and be performed, at PROJECT's expense. Independent
assurance, testing, 'speciaity testing ,and off"site Source inspectlon' and testing shall, be,
performed by STATE, at PROJECT's expense as REiMBURSED WORK. '. Selection of
asphalt and concrete plants shall be approved by STATE prior to issUance ofNouce to
Proceed to contractor. '
14, CITY is responsible to identify arid provide' one hundred percent. (I"OO%).qfactua! costs of
co~ctionrequired for sa;ti~factory completion ofl'ROJECT, including changes pui:1;uant
to contract change orders, eoD.struction related claims~~d arbitration rulings ancJ..anY "State-
furnished material" required fqrp~oject.' ,
15 . CITY shall perform a system, operatiotial check for 4eficiencies of all exiSting facilities'
within the PROJECT work IiIDits, at CrrY's expense, ilsthe first order of work in the
contract The facilities to be checked include, but are not limited to, all electrical, drillnage,'
irrigation and landscape, and signageelementS. If,deficie';cies 'are found, C;ITY shall not be
responsible for repairing or replacing a deficient facility, unless that deficiency is to be
repaired or replaced as shown in the plalrs. " '
16. To furnish qualified support staff, subject to approVal of-STAIB, including a full time
Resid~nt Engim:er, a;; necessary to assure that construction is beip.g performed in accordance
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with plans and speCifications as !lpproved by ST A,!E. Said quali:fi.ed support slxff shall be
independe~t of design eng:ineeringcompany and construction, con~, except' ~
PROJECT designer may check shop drawings, and prepare constolction change orders. The
Resident Engineer sbaU be a licensed Civil Engineet' in the State- of California and qrust be a
public employee in accordance With Chapter 16 of the Loc;l1 Assistam;e Procedures Mariual. '
17. To include within.construction.conlract documents a'I'cquitementby whiCh contractor shall
provide STATE's and CITY's construction staff with field bfli;ce facilities required to
properly complete inspection, testing and coristruction engineering of project Equipment
shall inclUde, but i$ not limited to desks, chairs, CO):Ilputers, fax machines, copy machines "
and multi-line phones. .' .
18. To make progress payments to contractor, using PRomCT funds as approved by STATE',
Resident EJ1,gineer for oversight . CITY representative shan develop all' contract progress
pay schedules. CITY is 'responSi1:>le for accuracy of iteiDization on progress pay schedules.
19. Upon completion of wmk und,er this Agreement, cm Will assume maintenance and the
'expense thereof for any part of PROJECT located 'outside of STATE's rigb,t of way' until
acceptance of any such part of PROJECT into STATE's highway system by STATE,
approval by Federal Highway Aclministni:ti.on (FHW A), if required, provision of adequa<e
access for mamtenanceto '.existing . and .new STATE right of way and conveyance of
acceptable title,to STATE. .
20. To maintain, or cause to be maintained, PROJECT landscape within. STATE's right of way
for 36 months from date of completion of. construction, in accordance .with landscape
maintenance provisions, to satisfaction of and subject to approval of STATE. CITY S1i.ali not
be responsible for landscape within the' STATE's dghtofWaY, which was not within the
lirrrits of the'. corntruction disturbance shown. on the plarn <Jr included' in an approved'
contract change order. CITY shallinaintqin, or cause to ,be m.i.,t~ined, existing facilities
within the construction <listurbance limits that service areas Y!ithih the' PRO.)ECT limits but
which are outside of the constructicn disturbance limits. '
21. To pay all FRQJECT relatedlm1dscapemaintenance costs inchiding water costs for 36.
months froin date of comple;ion of con.stniction, 'and to -repair or cause to be repaired any ,
deficiency during that period thai is within ,the PROJECT's disturbance lirrrits or damaged.
by the PROJECT's construction or landscape maintenance aCtivities. '
. I . .
22_ If ClTY t=inates PROJECT prior to 'completion of the construction, contract for
PROJECT, STATE may require ciTY to retUmto STATE all STATE funds preViously
paid, or to return STATE's right of 'way to its' qriginal conditi{Jn or,'to a condition of
acceptable permanent .operation. ;If CITY fails to do s6, STATE reserves .the right to finish
PROJECT or place PROJECT in a condition of satiSfactory pemi.anentoperatiori. STATE
will bill CITY for all actual expenses incurred and ClTY agrees to pay said eJCpeoseswithin
thirty (30) days or STATE, actJi+g through the State Controller, may withhOld an. equal
amount from future. apportionment due CITY from the Highway user. Tax Fund or any
other available funds.
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23 . To retain or .cause to be retained for audit by STATE or other gdve=ent auditors for a
period of three (3) years from date of final.payment, all record,S and accounts relating to
construction of PROJECT. .
24. To submit progress invoices for reimburSable project costs of constIvction and construction
support directly to the Office oiLDcal Progr3ms and Accounting or to the Consultant
ServiceSlFunctional Manageme]J.t Support Branch in the case of STIP-RIP noise barrier
construction Invoices. Invoices for reimbursable project costs Will be submitted no more
frequently than once'a month.
25. CITY Will be responsible for requesting a State allocation of SUP-RIP funds ($1,145,000)
for noise barril;r construction. These funds must meet all timelines and requirements under
STIP Guidelines for use of STIP funds. .All allocation requests and amendments must go
through ST ATE's District 11 C,onsUltant Services/FlIDctional Management Support Branch. .
CITY will be responsible for ensuring that billings of CITY's contractors for.this work are
segregated out from interchange moclificati0l1 work,. and CITY will be reimbursed for .
eligible qapital expenditures up to allocated amount of STIP"RIP' funds authorized by the
CTC for PROJECT. .' .
26. CITY will be responsible for requesting State allocation of State-oniy STlP funds which will
be used to match Federal RSTP :fu+ids. All allocation re;quests mUst go through STATE's
District 11 Office of Local Assistance. .' . .
27. City will be responsible foirequesting Federal-AId Project Authorization/Agreement or
AmendmentIModification (E-76) of SUP-RIP funds. for noise battier construction up to
programmed amounts in SANDAG's RTlP/FTIP. CITY shall also subn}it a finance letter
showing the breakdown in funCJing for estimated construction capital and SUPP9rt
expen,ditures (as per C!lltpter,3 of the Local Assistance )'roceduresMariual) with the E-76.
Federal Authorization to P~oceed must be obtaiiied by' STATE's District 11 Consultant
. ServieeSIFi,lnctional Management SJ1pport Branch prior to project being advertised. bY
CITY. All'reqUirements identified in the'II!ost !=Tent published. Local Assistance
Procedures Manual arid amendmentS thereof apply to use or'these funds. CITY shall seek
reimbursement on their reimbursable project costs., by submitting pwgressinvoices in
triplicate to:
Consultant ServiceSIFunctional Management Support Branch
2829 Juan St, Mail Station 92
San Diego, CA 92110
28. CITY will also be responsible for completing a final project cost analysis of expenditures as.
part of their final invoice submittal tq. STATE's District 11 Local Assistance Engineer once
project is completed. CITY will be reimbursed for eligible capital expenditures up to that
authorized amotuit minils required non-Federal match fuI\ds payable by CITY. .
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29. CITY will be responsible for requestitig Federal-Aid Project Authorization/Agreement or
AmendmentiModiiication (E-76) of R&TP and HP-21 (DEMO). funds up to programmed .
amounts in SANDAG's RTIP/fTIP. cITY shall also' submit a finance letter.showing the
breakdown in> funding fot estimated construction. capital and sUpport expenditures (as per
Chapter 3 of the Local Assistance Procedures Manual) with the E- 7 6. . Federal AuthoriZil.tiOIl
to Proceed must be obtained by STATE's District 11 Office of Local Assistance prio)' to
project being advertised by crtY. Allrequh'ements identified in the most cu!reo:t published
Local Assistance Procedures Manual.and amendmeEts thereof apply to USe of these funds.
CITY shall seek reimbursement (mtheir reimbursable project costs by,submitting progress
invoices to: . .
Office ofLocal Programs Accounting Branch
PO Box 942874, Mail Station 33,
Sacramento,CA 94274-0001
30. CITY agrees that the IelmbursO;ment of Federal funds will be limited to amounts approved
by FHW A in the E-76 authorizatioI.l,';;.nd CITY accepts.any resultant increases in CITY
'funds as shown in Local Assistance Finance Letter,. and any modiiication thereof as
approved by STATE's Division of Local'Assistance', Office of Project ImplementatiolL
31. To have an audit in accordance with Single Audit Act O:MB A-133 if CITY receives a total
of $3QO,000 or more in Federal fwtds in a single fiscal yeaI'.
32. To obtain local sales tax funds as necessary for construction "fPROJECT.
33. To deposit with STATE, within twenty.five (25) days of receipt of billing thereof, the
amo\mt of $173,432, which figure represents i months. of CITY's estimated shate of
expense of !(EIMBURSED WORK costs for PROJECT; as shown on Exln1Jit B. CITY's
total obligation for said ;;.nticipatedPROJECT ro;::tMBURSED WORK. costs . shall not
exceed amcnrnl of $2,008,677 (July 20Q2 ,dollars),ptovided that CITY may, at its sole
discretion, in writing; authorize a: greater amount.
. 34. To deposit with 8T ATE not later tiIan ten (10) Wotkingdays preceqmg beginning of each
month, estimated REIMBURSED WORK cost eXpenditUres for that month, and to 60ptinue
making such advance deposit on a. monthly basis until completion of PROJECT
construction. . ,
35. To warranty for a period of 3 years after completion of construction, all new signs furillshed
by CITY's contractor for the PROJECT.
36. To submit all construction change order~ withmSTA1;E's right of way to STATE for pnor
approval, except for change orders necessary for safety of traveling public .or immediate
protection of property. .
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37.
CITY contact:
Martin Phillips, Civil Engil;leer
Engineering Departmeilt
, 1800 Maxwell Road
Chula Vista, CA 91911
619-397-6090
i
SECTION II
STATE AGREES:
1. Upon proper application by CITY and by CITY's contractor, to issue at no cost to CITY and
CITY's contractor, necessary encroachment permits fat required wqrk \V'ithin State highway
right of way, as mole specifically defined in Articles (3),(4), ($) and (6) of Section :o:r of
this Agreement. ' ' , '
2. To provide, at no cost to CITY, a qualified,STATEResideIit Engineer for oversight
, ,
3, To provide, at CITY's cost, REIMBuRsED WORI\: staff [to a ,niaximum of eleven (11)
persons/year] and other resources necessary to ,accompliSh construction' of PROJECT,
including but not limited to, construction surveys, soils and foundation tests, me,asurement
and computation of quantities, testing of construci:ionmaterials, review of shop draWings,
preparation of 'estirilates and reports, review of as-built drawings prepared by CITY, and
other construction inspection and staif services as necessary to assure that construction is
being performed in accordaneewitli plans and specifications, which services shall be
referred to herein as "REIMBURSED' WORK"" REIMBURSED woRK staff shall have
authority to accept' or reject construction work and 'materials or to' order any actions needed
for publiC safety or preserVation of property and, to assure' compliance with project, plans,
special provisions, and all provisions of encroachment permil(s) issUed to CITY and CITY's
contractor for work done within STATE's right of way.
4. STATE's Office of Local Programs Accolinting will review invoices and approve
requests for funding reimbursement for RSTP, State-Only STIP, and HP-21 funds,
prepared by CITY, within ten (10) working days, frOnl date of receipt of submittal fur
costs incurred for construction of PROJECT.
5 , STATE's District 11 Office of ConSultant Services/Functional Management Support
Bra.nch will review invoices and approve requestS for funding reimbursement forSTIP-
RiP funds, prepared by CITY, within fifteen (15) working days, from date ofreceipt of
submittal, for costs incurred for construction of nOls'e barriers for PROJECT.' '
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6. Current budget eS"lilmte and funding 'for PROJECT cci~tJ;uction provided by CITY and
8T A TE is illllSttated on EXhibit A, attached and made part of this Agreement.
. .
7. To not exceed. PROJECT budget for REIMBURSED woRK, as estitnated in ,Exhibit B"
without prior mitten a.uthqrization from CITY. Current budget ~ fbrPROJECT
RETh1BURSED WORK is $2,008,677 (J]Jly 2002 dollars)~ ' ' .
8; To submit an initial billing in amoUJ;lt of $173,432 to CITY immedWtely foUowmg
C)!:ecUtion of this Agreement,'Said initial billing repre~ents eTIY; s share fOr 2 months of
estimated cost of REIMBURSED WORK for PROJECT. .
9. Thereafter to prepiu-e and submit monthly billing stB.tements to. CITY for estimated
expenditures for REJ1.fBURSEp WORK,for PROJECT one, month in advance.
10, To furnish CITY with a fitJal detailed statement ,of REIMBuRsED WORK coSts to be
bomeby PROJECT upon completion and ~pto;val of cOnstrUctioil of PROJECT . .
11. To provide at CITY's eJqJense, ,any "~te"furnished IIiaterial" ,as.shown €lnthe PS&E plans for
PROJECT and asproviG!ed in the Special Provisions for-PROmer. '
12. STATE Contact:
Charles W:Davis .
Project ManagerforOvetsight
2829 Juan Street "
San Diego, CA 92110
, 619-688"3156,
. SECTION ill
ITIS MUTUALLY AGREED:
I. All obligations of STATE under, terms of this Agreement ate subject to appropriation of
resources by Legislature aod allocation of resources 'by CalifQrnia Transportation
ColIJ1Il.ission.
2. Should a portion of PROJECT be financed with Federal funds or State gas tro> funds, all
applicable laws, regulations and policies relating to use' of such funds shall apply
notwithslandip.g other provisions of'this Agreement...
3. . ConstJ:uction of improvements referred to herein which Iii: within STATE's highway right
of way or affect STATE's facilities shall not be coinn;1enced until CITY'.s original contract
plans involving such work and plans for, utility relocations ,have been reviewed and
approved by STATE's District 11 Director of Tnmsportation, or Di.strict 11 Director's
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015563
delegated agent, and until an encroachment permit to CITY allthorizing. such work has been
issued by STATE. Receipt by CITY of STATE's encroachment peImit shall constitute
STATE's acceptance of said pl:an$. CITY shall not issue a Notice to Proceed to contractor
for PROJECT until after encroachment permit has been issued by STATE.
4. CITY shall obtain aforesaid encroachment permit through office of STATE~.s District 11
PeImit Engineer and. CITY's permit application shall be ll,CCompanied by twO (2) full size
construction plan sets (Jnc]llnim; specifications) and twenty-five (25) sets of redUced
construction plans (llxl7) (including specifications) ofl!foresaid STATE accepted contract
plans. Receipt by CITY of approved ericrciachm~ pemrit shall constituteCrrY's
authorization from STATE to proceed, with work te 'be performed by CITY or CITY's
representatives within proposed State right of way or which affects STATE's facilities,
pursuant to work covered by this Agreement. CITY's atithorizatiGll to proceed with said.
work shall be contirigent upon CITY's compliance with all proVisions set forth .in this
Agreement and saidencrQachment permit.
5. cm;s construction contractor shall .obtain a separate encr6achmentpermit from STATE
prio.r to commencing any w.ork within STATE's tights of way or which ,affects STATE's
facilities. The CITY's Contractor's per;mit application shall include pro.of said contractor
has acceptable and valld payment and 'performance' surety bonds covering' PROJECT
construction.
6. CITY sholl proVide a right6f Way certi,ficationprior to grantirig of said encroaChriJ.ent permit
by STATE', to certify that legol and physicalconlrol of rights of way were acquired'in
accordance with applicable State and Federai ,laws and regulations. If preViously
unidentified rights of way are .required during, construction of PROJECT, CITY shall
proVide 'legal and physical control of right of way, and identify all funding required to
acquire such righ(;i of way. cITY: shall provide completed resource agency permits related
tol'ROJECT, including for all mitigation'requir=ents of PROJECT prior to issuance of
Notice to fro.ceed to contractor.
7. If any existing pl.\blic.and/or private utility,facilities'conflict with construcJion of PROJECT
or violate STATE's encroacbnient policy, CITY shall make all necessary arrang=entli with
owners of such facilities for their, protection," "elocation, or removaJ. in accordance with
STATE's policy and procedure for those facilities located within'limits of work providing
for improvement to State highway and in accordance with CITY's policy for those facilities
located outside of limits of work forimprov6ment to State highway. Cost of protection,
relocation, or removal, within STATE right of way, shall be apportioned between owner of
uti,lityfacility and CITY in accordance,~thSTATE's policy' and procedure, CITY shall
require any utility owner performing relocation work iri STATE highway right of way to
obtain an encroacbnient pennit from stATE prior to perfolJ!1ance of said. relocation work.
Requirements of most currimt version of STATE's "Policy on High and Low ~
Underground Facilities Within Highway Rights 'of Way" shall be fully complied with. Any
relocated or new, facilities shall be correctly shown and identified on final "As-Built" plans.
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8. Any hazarq.ous material or contamination of an HM:-I category found within existing 5~e'
highway right of way during construction requiring relIledy or rem:ecilil.! action, asde:fined in
Division 2D, Chapter 6.8 et seq. of HeaJ.thand Safety Code, shall be respOnsibility Qf
5T ATE. Any hazardoUs material or co"t.mi,,"tlon of an IDvf-l ~ory found ,within local
road right of way during oonstruction requiring same defined. remedy or remedial action
shall be responsibility of CITY. ' For tte ,purpose of the A~, haz,ardcus. maIerial of HJ\.H
, category is detIDed. as, that level or type of contan:iination which. $tate or Federal reguiatory COlilrol
agencies haVing jurisdiction have detertnlned must be rcmediated by reaSon of its mere discovery
regardless of whether it is disturbed by PROJECT or not. STATE shall sign, tte HM-I manifest,
and pay all casts far remedy or r'""'f'1lial action wi1hin tjJe existing State highway right of way,
except that if STATE de,terinines, nUts sole judgment, 'that STATE's cost for ,remedy or remedial
action is increased as a result of proceeding '\\Iii!J. construCtion of PROJECf, that additiom1 cbst
identified by STATE sba!l be borne by CITY. CITY shall sign HM"1 manifest and pay all
coSts for required remedy or remedial aCtion outside of STATE right of Way. STATE Will
exert every effort to furici remedy or remedia,l,actian for ""hich S TATE is responsible. In
event STATE is unable to provide funding; CITY will, haye option to, either de1ayfurlher
construction af'PROJECT until STATE is able to proVide funding or CITY may, proceed
with remedy or remedial actiDn atCITY's expe,lSe .rithOut any subsequent reimbur=eut by .
STATE,
9. Remedy or remedial action with respect to any hazardoJ,lSmateriai or contamination of an
HM-2 category found within and outside eXisting STATE highWay right of way during
construction shall be responsibility of CITY, at CITY's expe!,!!>e, as a result of ,proceeding
with construction of PROJECT., For purposes of this Agreement any !wZardous material or
contarirination ofHM-2 category is detinedastha1'level or type of coatarnination which said
regulatory control agen"ies would have ,allowed to remain in place if undisturbed or
otherwise protected in place had the PROJECT not proceeded. cITY' sl:iall sign any. HM'2
manifest if construction of PROJECT proceeds and :A:M:-2 material m~ be removed in lieu
of being treated in place. " " . '
, '
la, If hazardous material or contamin:;ttion of either HM-l or HM-2category.is found during
construction on' new right of w:;ty acqurred bY. or on account ,of CITY for PROJECT, CITY
shall be responsible, at CITY's expense, for all required reIDed)' or ri:miedial action and/or
protection in absence of a generahlr or prior property owner ~ling and prepared to perform
that corrective work" '
II. Locations subject to remedy or remedial action and/or protection include utility relocation
work required for,PROJECT. Costdorremedy and remedial action arid/or protection shall
include but not be limited to, identilication, treatlIlent, protection, removal, packaging,
transportation; storage, and disposal of such materiaL ,
12. The Party responsible for funding any hazardous material ele!inupshall be responsible for
development of necessary remedy anti/or remedial action plans and designs. Remedial
actions proposed by CITY on State high-way. right of way shall be pre-approved by STATE
and shall be perfornied'in accordance with STATE',s s!and.arcis and practices and those
stand.arcis mandated by Federal and STATE regUlatory' agencies;
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13. CITY will not authorize any work withln:the ST A IE right of W"iI:f not included in contract
documents approved by ST A'IE or. required to complete PROJECT without the written
approval of STATE. Any work not aPproved in WJiting and not considered 'as emergency
work as determined by CITY and 8T ATE, sball be sole reSponsibility of CITY.
14. If a previoUsly unidentified sensitive area(s-) is identified d,uring construction of PROJECT,
work shall be stopped m that area until a qualified' archaeologist, biologist, or other
apl?ropriatestaff can evaluate pature and significance of find and recGrnmend mitigation
strategies for the area(s): The CITY, arid STATE, in consultatiOli, sball agree on the
mitigation strategy to be followed and responsibility for costs for the selected mitigation
strategy, if arty.
15. CITY ,construction contractor shall maintain 'in force, until completion artd acceptance of
PROJECT, construction contract, a pcilicy of Contrattual: Liability Insurance, including
coverage of Bodily Xnjury Liability and Property Darriage Liability in accordance with .
Section 7-1.12 of State Standard Specifications. Such policy shall contain an 8qditlonal
insured' endorsement naming ST:A TE, its officers, agents artd employees as additional
insured. A Certificate of Insurance shall evidenc,e to'verage'in a form satisfactory to
STATE, which sillill be delivered to STATE before issuance of an encroacbIllent p=i.t to
CIty's contractor.' ",
16. Prior to award of construction centract for PROJECT, CITY may t=inate this Agreement
by written notice. 'Should CITY terminate Agreement, CITY will bear all costs llIld
reimburse applicable costs to STATE for any expenses due ,directly to t=i.nation of
contract:
17. In construction of said PROJECT, repre&entatives. of CITY arid STATE: will ,cooperate and ,
consult with each other, but ,decisions of STATE's Resident Engineer for oversight shall
prevail as final, binding and conclusiv,e .inall niattets concerning PROJECTconstruttion
contracts within STATE right ofway. Decisions ofCITI;'s Resident Engineer sbalI prevail
as final, binding and conclusive in all matters concerning PROJECT construction contracts
within CITY right of way, except where such matters affett safety of the travelling public or
immediate protection of property. All work pursuant.to PROJECT shall be accomplished
according to approved plans; specifications and applicable STATE standards. Satisfactioriof
these requirements ,shall be verified by STATE Resident Engineer for oversight. STATE,
Resident Engineer for oversight and other ST ATE staff are authorized to enter CITY
property during construction at no cost to STATE; for, purpose of monitoring and
, cOordinating construction activities. Representatives of STA 1E shall coordinate all visits
with CITY's Resident Engineer. '
18. Changes to PROJECT plans and specifications s~ b~ implemented by contract change
orders by CITY's Resident Engineer and according to' Section I, Article 36, of this
Agreement. All changes affecting public safety or public, convenience, all design and
specification changes arid all major changes as defined in STATE's Construction Manual
shall be approved by STATE in adyance of perfoi:ming :'york. Urness otherwise directed by
Page 11 of 14
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8T ATE Resident Engineer fot oversight, changes authorized as provided herein will noj:
require an encroachment pemritnder. All changes shall be shown on As.Bclt plans
referred to in Section ~ Article (1), of this Agre=ent. . .
21. Upon completion and acceptance of .PROJECT construction. contract by CITY, to
satisfaction. df STATE representative . and subsequent to execution of a maintenance
agreement, STATE will accept control and maintain, ",t its own east and .expense, those
portions of PROJECT lying Wit:hin STATE's right of way. SIAm willlIiaintain at stATE
expense, entire structure below deck surface of anY cItY lQcal road overcr6ssiogs.
22. CITY will accept control and maintain, at its own cost and expeI;lSe, portions of PROJECT
lying outside STATE's right ofwa.y, including but not liniited to any mitigation hinds, other
agreed areas, and local roads delegated to CITY for maintenance. Also, CITY will
maintain, at CITY expense,'local tQ~ within STATE's right of way .;J.elegated to CITY for
maintenance and remaining portions.of any local road overcrossing struCtures, including
deCk surla,ce of any structures, as well as all traffic service facilities that 1i1ay be required for
benefit or control of CITY local road traffic including landscaped me!;lians and parkWays. .
23. Prior to completion of constructi.on CITY and' STATE' agree t.o execute a maintenance
agreement or agreements for I-80S, traffic COD.!!,ol syStep:lS, safety lighting, and energy costs.
STATE and CITY agree td pay prOp.ortioIllite share of said maintenance costs, including
energy c.osts.
24. Upon completion of all 'work urider this Agreement, ownership. and title to materials,
equipment ~d appurtenances installed within STATE' 5 right of way will automatically Pe
vested in STATE, and materials, equipment and appurtenances installed 9utsideof
STATE's right Dfway will automatically be vested in' CITY. No furthilragreement will be
necessary to transfer ownersIllp 'as herein above stated.
25. Cost of any engineering Dr maintenance referred to herein in this Agreement shall inciude all
direct and indirect costs (fnoctional and administrative overhead assessment) attributable to
such work, applied in accordance with STATE's standard accounting procedures.
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26. Nothing in the provisiol1'j oftbis Agr~ettleD.tis intCnded,to create dutieS or obligations to or
rights in third parties not parties to this Agreement or affect legal liability ~ any party to
Agreement by imposing any standard of care with respect to c6nstruction, operation, or
maintenance of STATE highways different from standani of care imposed by law.
27. Neither STATE nor any offrceror employee thereOf is.responsibte -for aily 9m;oage o~
liability occurring by reason of anytliing done or omitted to be, done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under'this
Agreement It 'is und"rstood and agreed that, pursuant to GoverTItnent Code Section 895.4,'
CITY shall fully defend, indemnify and save harmless STATE of California, all officers lUJ,d
employees from all claims, suits or actions of .,very name,.,kmd and descriptiDu brought for
or on account ofinjury. (as defined in Gove=ent COde Section 810.8) occurring by reason
of lUJ,ything done or omitted' to be done by CITY under or ill cpnnection with any work,
authority or jurisdiction delegated to CITY under this Agreement
28. Neither CITY nor any officer or'employee thereof is responsible for any damage or.liability
oCcurring by reason of anything doneer omitted to be done by STATE under orin
connection with aily work, a1.ltherity or jurisdiction delegated .to S'TATE under this
Agreement. It is understood ind agreed that, putsuant to, Government Codes. Section 895.4,
STATE shall fully defend, indi:mnify and "save hmnless. CITY from all claims, suits or.
actions of every name, kind and description brought for or' 011 account.ofinjury. (as defined'
in Government Code Section 810.8) occurring by reason ofanytbing deme o.r mcitted tb be
done by STATE under or in connection witIiariy work, authoritY qrjurisdiction delegated to
STATE under this Agreement.
29. 'No alteration or variation of terms of this Agreemep.t shall be valid unless made ill writing
and signed by"parties hereto aod nei oral uilderstanding oragre~ent not incorporated here:in
shall be binding on any of parties hereto.
Page 13 of 14
.
.
.
3"':18
11-0601
015563
30. Portions of this Agre=ent perta.inin:g to construction of PROJE(:T sha1l. terminate upon
completion and acceptance of constructioncontract(s) for PROJECT by CITY with.
concurrence of STATE, or on December 31, 2,009 whichever is earlier in time. However,
ownership, operation, maintenance, indemnificatioll; ahdclaims clauses shall remain in
effect until terminated or modified, i1i. writing, by mutual agreement Should a construction-
related claim arising out of PROJECT be asserted against CITY, STATE agrees to extend
the termination date of this Agr\:=ent or execute it subsequent Agreement to' cover those
eventualities.
STATE OF CALIFORNIA
Department of Transportation
JEFF MORALES
Director of Transportation
Certified .:s to funds:
By:
District 11 Budget Manager
Approved as.to form and procedure:
CITY OF CHULAVIST A
B,Ac9~
Mayor '::, , ..
By: C\.. ~9'\J.;.ll.,
City Attorney, ' ' .
~.,
By:.' " .~.
Attorney "
Department of Transportation
Certified as to fmancial terms and conditions:
Page 140f 14
.
.
.
3-19
.. ATTACHMENT
/-;
I
?-
e
I)
015563
RESOLUTION NO. 2003-175
RESOLUTION OF THE" CITY COUNCIL OF THE CITY OF
CHUlA VISTA APPROVING A COOPERATIVE
AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION REGARDING
CONSTRUCTION CONTRACT ADMINISTRATION
ACTIVITIES TO BE UNDERTAKEN BY- THE CITY OF
CHULA VISTA ON THE INTERSTATE 80S/OLYMPIC
PARKWAY-ORANGE AVENUE INTERCHANGE, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the City of Chula VIsta desires to constlUct State highway improvements
consisting of the modification of the Orange Avenue/Olympic Parkway Interchange at Interstate
805 and is responsible to provide one hundred percent of the funding for this project; and
WHEREAS, in order to permit the City to perform these oontract functions, the State of
California Department of Transportation (CALTRANS) requires the City to enter into a
cooperative agre=ent which sets out each agency's responsibilities for the a:mstruction process.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve a cooperative agreement with the State of California Department of
Transportation regarding oonstlUction administration activities to be undertaken by the City of
Chula Vista on the Interstate 80S/Olympic Parkway - Orange Avenue interchange and, a copy of
which shall be kept on file in the office of the City Clerk.
BE iT FURTIffiR RESOLVED that the Mayor of the City of Chula Vista is hereby
authoriied to execute said agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
~~
c~~
Arm Moore
City Attorney
ii-liS INSTRUMENT IS A TRUE ~
~
3-20
n15563
RCsol'u1:ion 2003-175
Page 2
PASSED, APPROVED, and ADOPTED by the Clty Council of the Clty of Chula VISta, I
California, this 6th day of May, 2003, by the following vote:
AYES: Councilmembers:
Davis, Rindone, Salas, McCann and Padilla
NAYS: Counci1members:
None
ABSENT: Coilncilmembers:
None
~rf?~
ATTEST:
~~Ji~:ltW: ~~$' IJ IC\~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
1..-_:
.,~,
'.,'
1, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that' the foregoing
Resolution No. 2003-175 was du1y passed, approved, and adopted by the City Council at a
regu1ar meeting of the Chu1a Vista City Council held on the 6th day of May, 2003.
Executed this 6th day of May, 2003.
-~IJ6-v~~
Susan Bigelow, City Clerk
O.lA :1\,;,H ,\ ;i i/d1>.1\J>lI';"" ~"..
.__~iHT 'lO~.nDJ1os>
........-._.~
-..~.~
. ~ . 1lWU2
4\iil
\~
.
.
.
3-21
ATTACHMENT 'J
I
1l-0601lAl
ll-SD-805
KP 4.7/8.1 (pM 2.915.0)
EA 11-156583/234000
Agreement No. 1l-0601/AI
I-80S/Orange Avenue
Construction
AMENDMENT NO.1 TO AGREEMENT
THIS AMENDMENT NO.1 TO AGREEMENT, ENTERED INTO EFFECTIVE ON
fidf5tr~:J..JXJ5 , is between the STATE OF CALIFORNIA, acting by and through
it pent of Transportation, referted to herein as "STATE",and
CITY OF CHULA VISTA, a body
politic and a municipal corporation of
the State of California, referred to herein
as "CITY".
RECITALS
1. The parties hereto entered into an Agreement (Document No. 015563) on May 6,
2003, said Agreement defIning the terms and conditions of a project in the County of
San Diego and the City of Chula Vista consisting. of a modifIcation of the Orange
Avenue Interchange, traffic signals and sound barriers on Interstate 805 from Main
Street/Auto Park Drive to East Palomar Street, referred to herein as "PROJECT".
2. The purpose of this Amendment is to adjust southerly limit of PROJECT to match the
"Limits of Work" as shown on the Construction Contract Plans.
IT IS THEREFORE MUTUALLY AGREED:
1. The KP 5.9/8.1 (pM 3.7/5.0) specifIed on the Title Page (page 1), of the original
Agreement shallnow be KP 4.7/8.1 (pM 2.9/5.0).
2. All other terms and conditions of said Agreement (Document No.015563) shall
remain in full force and effect.
,
,.
3-22
01:)563.
1l-060l/Al
3. This Amendment No.1 to Agreement is hereby deemed to be part of Document No.
015563. .
STATE OF CALIFORNIA
Department of Transportation
\\lILL KEMPTON
:~~Q:L ~~
Depuly District Direc. r
Certified as to funds:
r~~&fM~~ V
Approved as to form and procedure:
~\ .
Attorney Department of Transportation
Certified as to financial terms and conditions:
3~23
CITY OF CHULA VISTA
Attest: . ~AY) ?/2ud
City ~ney .
.
.
OJ ~56d
ATTACHMENT 4
RESOLUTION NO. 2005-167
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING COOPERATIVE AGREEMENT
WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) REGARDING THE
SOUTHERLY PROJECT LIMITS ON THE I-80S/ORANGE
A VENUE INTERCHANGE IMPROVEMENTS (STM-328) AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT
WHEREAS, on May 6, 2003, the City Council adopted Resolution 2003-175 approving a
Cooperative Agreement with the State of California Department of Transportation (Caltrans)
regarding construction contract administration activities to be undertaken by the City of Chula
Vista on the Interstate 80S/Olympic Parkway-Orange Avenue Interchange; and
WHEREAS, the City of Chula Vista and Caltrans are currently constructing State
highway improvements consisting of the modification of the Orange Avenue/Olympic Parkway
Interchange at Interstate 805; and
WHEREAS, both the City and Caltrans would like to amend the Cooperative Agreement
(Agreement No. 11-0601) to adjust the southerly limit of the project to match the "Limits of
Work" as shown on the construction contract plans; and
WHEREAS, the southerly limit of the project will be revised from K.P 5.9/8.1 (pM
3.7/5.0) as specified on the Title Page (page 1), of the original Agreement to be KP 4.7/8.1 (PM
2.9/5.0); and
WHEREAS, all other terms and conditions of said agreement shall remain in full force
and effect; and
WHEREAS, in order to permit the State and the City to perform these contract functions,
an amendment to the Cooperative Agreement setting out each agency's responsibilities for the
construction phase is necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby approves the Amendment No. I to the Cooperative Agreement with the State of
California Department of Transportation regarding construction contract administration on the
Interstate 80S/Olympic Parkway/Orange Avenue Interchange project, a copy of which shall be
kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of Chula Vista is hereby authorized to
execute said amendment on behalf of the City of ChuJa Vista.
Presented by
Approved as to form by:
~/
Sohaib Al-Agha
City Engineer
\ ..\... ' ./'
Ann Moore
City Attorney
~
.
.
.
3-24
Resulution No. 2005-167
Page 2
PASSED, ApPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 24th day of May, 2005, by the following vote:
AYES: Councilmembers:
Castaneda, Davis, Rindone and Padilla
NAYS: Councilmembers:
None
ABSENT: Councilmembers:
None
ABSTAIN: Councilmembers:
McCann
~6dtL
Stephen . Padilla, Mayor
ATTEST:
~-- ill 1 6 1 J ~ P ,n ..)
Susan Bigelow, MMC, City rk
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. 2005-167 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 24th day of May, 2005.
Executed this 24th day of May, 2005.
:- _ V.t 6...>-';~~ ~
Susan Bigelow, MMC, City Cle
.
3-25
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
'-/~ d L'~
Ann Moore
City Attorney
Dated: 3 / J 'f / n 7
I I
Amendment No.2 to Cooperative Agreement between the State of
California Department of Transportation and the City of Chula Vista
3-26
ATTACHMENT 5
11-SD-805
PM 2.9(5.0
EA 11-156583(234000
Agreement No. 1l-0601(A2
AMENDMENT NO.2 TO AGREEMENT
This AMENDMENT NO. 2 TO AGREEMENT, ENTERED 1NTO EFFECT1VE ON
, is between the STATE OF CALIFORNlA, acting by and through its
Department of Transportation, referred to herein as "STATE", and
CITY OF CHULA VISTA, a body politic and a municipal corporation
of the State of California, referred to herein as "CITY".
RECITALS
1. The parties hereto entered into an Agreement (Document No. 015563, District
Agreement 11-0601) on May 6, 2003, said Agreement defIning the terms and
conditions of a project to construct modifications to the Orange Avenue Interchange,
traIf1c signals and sound walls referred to herein as "PROJECT".
2. The parties hereto also entered into an Amendment No.1 to Agreement on May 2,
2005, to adjust southerly limit of PROJECT to match the "Limits of Work" as shown
on the Construction Contract Plans.
2. It has been determined and agreed upon, to the benefIt of both STATE and CITY, to
amend the terms and conditions specified in Articles 20 and 21 of Section I of the
original agreement.
IT IS THEREFORE MUTUALLY AGREED:
1. Article 20, Section 1 of the original Agreement, Document No. 015563, is hereby
replaced to read as follows:
"To maintain, or cause to be maintained, PROJECT landscape within the STATE's right
of way for twenty (20) months from date of completion of construction, in accordance
with landscape maintenance provisions, to satisfaction of and subject to approval of
STATE. CITY shall be responsible for landscape, including trash removal and storm
water Best Maintenance Practices maintenance, excluding graffiti removal, within the
STATE's right of way within the limit of construction which extends from Main Street to
Palomar Road, as shown on the attached drawing titled "Limit of Construction". CITY
shall maintain) or cause to be maintained, existing facilities within the construction
limits that service areas within the PROJECT limits but which are outside of the
construction disturbance limits.>>
,
.
,
3-27
1l-060lA-2
2. Article 21, Section 1 of 1:."-e original Agreemen t, Document No. 0 15563, is here by
replaced to read as follows:
"To pay all PROJECT related landscape maintenance costs including water for twenty
(20) months from the date of completion of construction., and to repair to cause to be
repaired, any deficiency during that period that is within the PROJECT's limits or
. damaged by the PROJECT's construction or landscape maintenance activities."
3. Article 27 of Section ill of the original Agreement, Document No. 015563, is hereby
replaced to read as follows:
"Neither STATE nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by CITY
under or in connection with any work, authority or jurisdiction conferred upon CITY
and arising under this Agreement. It is understood and agreed that CITY shall fully
defend, indemnify and save harmless STATE and all its officers and employees from
all claims, suits or actions of every name, kind and description brought forth under,
including, but not limited to, tortuous, contractual, inverse condemnation and other
theories or assertions of liability occurring by reason of anything done or omitted to be
done by CITY under this Agreement. >>
4. Article 28 of Section III of the original Agreement, Document No. 015563, is hereby
replaced to read as follows:
"Neither CITY nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
STATE under or in connection with any work, authority or jurisdiction conferred upon
STATE and arising under this Agreement. It is understood and agreed that STATE
shall fully defend, indemnify and save harmless CITY and all its officers and
employees from all claims, suits or actions of every name, kind and description
brought forth under, including, but not limited to, tortuous, contractual, inverse
condemnation and other theories or assertions of liability occurring by reason of
anything done or omitted to be done by STATE under this Agreement.>>
5. All other terms and conditions of said Agreement (Document No. 015563) and
revised under Amendment No.1 shall remain in full force and effect.
.
.
.
20f33-28
6. This Amendment No.2 to Agreement is hereby deemed to be a part of Document No.
015563.
STATE OF CALIFORNIA
DEPARTMENT OF TRAN'SPORTATION
WILL KEMPTON
Director of Transportation
By:
Deputy District Director
By:
Approved rs to F~an Procedure:
~ / (jIJAi",.
EY:~ I,;u..;
Attorney -
Department of Transportation
By:
Certified as to Funds:
By:
District Budget Manager/BK_
Certified as to Financial Terms and Conditions:
w-~
By: \'. ,m,"'- .
~' Accounting A . strator
.
.
.
3-29
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE
COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) REGARDING THE 1-
80S/OLYMPIC PARKWAY-ORANGE AVENUE INTERCHANGE (STM-328)
AND AUTHORIZING THE MAYOR TO SIGN THE SECOND AMENDMENT
WHEREAS, on May 6, 2003, the City Council adopted Resolution 2003-175
approving a Cooperative Agreement (Agreement No. 11-0601) with the State of
California Department of Transpoliation (CAL TRANS) regarding construction contract
administration activities to be undertaken by the City of Chula Vista on the Interstate
80S/Olympic Parkway-Orange Avenue Interchange (Project); and
WHEREAS, on May 24, 2005, the City Council adopted Resolution 2005-167
amending the Cooperative Agreement (Agreement No. 11-0601l1A) to adjust the
southerly limit of the Project to match the "Limits of Work" as shown on the
Construction Contract Plans for additional work to the Main Street southbound on-ramp;
and
WHEREAS, the construction was completed and the 36-month landscape
maintenance period commenced on March 1,2006 and both CALTRANS and the City
would like to amend the landscape maintenance period to end on October 31, 2007, a
period of20-months from commencement; and
WHEREAS, all other Project requirements will still be met and the other tenns
and conditions of the Cooperative Agreement shall remain in full force and effect.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Chula Vista that it approves the Second Amendment to the Cooperative Agreement with
the State of California Department of Transportation (CALTRANS) regarding
construction contract administration on the Interstate 80S/Olympic Parkway-Orange
Avenue Interchange, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOL VED by the City Council of the City of Chula Vista
that it authorizes the Mayor to execute the Second Amendment on behalf of the City of
Chula Vista.
Presented by:
Approved as to form by:
Scott Tulloch
City Engineer
c!~!l A~
Ann Moore
City Attorney
1-I:\ENGINEER\RESOS\Resosl()()7\3-20-07\STl'vl 32X COOP secunu amend revised ec.doc
3-30
11-SD-805
PM 2.9/5.0
EA 11-156583/234000
Agreement No. 11-060 I / A2
AMENDMENT NO.2 TO AGREEMENT
This AMENDMENT NO. 2 TO AGREEMENT, ENTERED INTO
, is between the STATE OF CALIFORNIA, acting by
Department of Transportation, referred to herein as "STATE", and
EFFECTIVE ON
and through its
CITY OF CHULA VISTA, a body politic and a municipal corporation
of the State of California, referred to herein as "CITY".
RECITALS
1. The parties hereto entered into an Agreement (Document No. 015563, District
Agreement 11-0601) on May 6, 2003, said Agreement defIning the terms and
conditions of a project to construct modifications to the Orange Avenue Interchange,
traffIc signals and sound waIls referred to herein as "PROJECT".
2. The parties hereto also entered into an Amendment No. I to Agreement on May 2,
2005, to adjust southerly limit of PROJECT to match the "Limits of Work" as shown
on the Construction Contract Plans.
2. It has been determined and agreed upon, to the benefIt of both STATE and CITY, to
amend the terms and conditions specified in Articles 20 and 21 of Section I of the
original agreement.
IT IS THEREFORE MUTUALLY AGREED:
1. Article 20, Section I of the original Agreement, Document No. 015563, is hereby
replaced to read as follows:
"To maintain, or cause to be maintained, PROJECT landscape within the STATE's right
of way for twenty (20) months from date of completion of construction, in accordance
with landscape maintenance provisions, to satisfaction of and subject to approval of
STATE. CrrY shall be responsible for landscape, including trash removal and storm
water Best Maintenance Practices maintenance, excluding graffiti removal, within the
STATE's right of way within the limit of construction which extends from Main Street to
Palomar Road, as shown on the attached drawing titled "Limit of Construction". CITY
shall maintain, or cause to be maintained, existing facilities within the construction
limits that seroice areas within the PROJECT limits but which are outside of the
construction disturbance limits. >>
3-31
11-0601A-2
2. Article 21, Section 1 of the original Agreement, Document No. 015563, is hereby
replaced to read as follows:
"To pay all PROJECT related landscape maintenance costs including water for twenty
(20) months from the date of completion of construction, and to repair to cause to be
repaired, any deficiency during that period that is within the PROJECT's limits or
damaged by the PROJECT's construction or landscape maintenance activities."
3. Article 27 of Section 1II of the original Agreement, Document No. 015563, is hereby
replaced to read as follows:
"Neither STATE nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by CITY
under or in connection with any work, authority or jurisdiction conferred upon CITY
and arising under this Agreement. It is understood and agreed that CITY shall fully
defend, indemnify and save harmless STATE and all its officers and employees from
all claims, suits or actions of every name, kind and description brought forth under,
including, but not limited to, tortuous, contractual, inverse condemnation and other
theories or assertions of liability occurring by reason of anything done or omitted to be
done by CITY under this Agreement. >>
4. Article 28 of Section 1II of the original Agreement, Document No. 015563, is hereby
replaced to read as follows:
"Neither CITY nor any officer or employee thereof is responsible for any injury,
damage or liability occurring by reason of anything done or omitted to be done by
STATE under or in connection with any work, authority or jurisdiction conferred upon
STATE and arising under this Agreement. It is understood and agreed that STATE
shall fully defend, indemnify and save harmless CITY and all its officers and
employees from all claims, suits or actions of every name, kind and description
brought forth under, including, but not limited to, tortuous, contractual, inverse
condemnation and other theories or assertions of liability occurring by reason of
anything done or omitted to be done by STATE under this Agreement.>>
5. All other terms and conditions of said Agreement (Document No. 015563) and
revised under Amendment No. 1 shall remain in full force and effect.
2 of 3
3-32
6. This Amendment No.2 to Agreement is hereby deemed to be a part of Document No.
015563.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
WILL KEMPTON
Director of Transportation
By:
Deputy District Director
By:
APprovedrs to FOITd Procedure:
BYc=--t wci:J,
Attorney
Department of Transportation
By:
Certified as to Funds:
By:
District Budget Manager/BK_
Certified as to Financial Terms and Conditions:
By:"-...~~- ~~\
~' Accounting Administrator
3-33
CITY COUNCIL
AGENDA STATEMENT
~!'f:.. CIIT OF
<<-k CHULA VISTA
3/20/07, ItemL
ITEM TITLE:
RESOLUTION ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "OTAY LAKES ROAD SIDEWALK
IMPROVEMENTS FROM ALLEN SCHOOL LANE TO SURREY
DRIVE AND PAVEMENT REHABILITATION ON OTAY LAKES
ROAD FROM BONITA ROAD TO RIDGEBACK ROAD (STL-
286)" PROJECT TO PORTILLO CONCRETE, INe. IN THE
AMOUNT OF $1,474,864.00 AND AUTHORIZING THE
EXPENDITURE OF ALL AVAILABLE FUNDS IN THE PROJECT
SUBMITTED BY:
REVIEWED BY:
RESOLUTION APPROPRIATING PROPOSITION 42
TRAFFIC CONGESTION RELIEF FUNDS TO THE "OTAY
LAKES ROAD SIDEWALK IMPROVEMENTS FROM ALLEN
SCHOOL LANE TO SURREY DRIVE AND PAVEMENT
REHABILITATION ON OTAY LAKES ROAD FROM BONITA
ROAD TO RIDGEBACK ROAD (STL-286)" PROJECT FROM THE
AVAILABLE FUND BALANCE AND AUTHORIZING
INTERPROJECT TRANSFERS FROM EXISTING CAPITAL
IMPROVEMENT PROJECTS "CASTLE PARK ELEMENTARY
SIDEWALK IMPROVEMENTS (STL-287)" AND "STREET LIGHT
INSTALLATION ALONG OTAY LAKES ROAD AND BONITA
(TF-286) TO STL-286 AS NECESSARY TO COMPLETE THE
PROJECT ,I'
DIRECTOR OF GErL SERV
CITY MANAGER I'
4/STHS VOTE: YES ~ NO D
BACKGROUND
On March 7, 2007, the Director of General Services received sealed bids for the "Otay Lakes Road
Sidewalk Improvements (West Side) from Allen School Lane to Surrey Drive and Pavement
Rehabilitation on Otay Lakes Road from Bonita Road to Ridgeback Road (STL-286)" project. The
project consists of the following scope: removal and replacement of curbs, gutters, sidewalks, and
driveways displaced by differential settling, tree roots, etc., sidewalk installation and retaining wall
installation along Otay Lakes Road (Allen School Lane to Surrey Drive), and pavement
rehabilitation along Otay Lakes Road (Bonita Road to Ridgeback Road).
4-1
3/20/07, Item~
Page 2 of 4
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 I Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State
CEQA Guidelines because the proposed project consists of minor alterations to an existing
public facility involving no expansion of the facility's current use. Thus, no further
environmental review is necessary.
RECOMMENDATION
I. Council approve the resolution accepting bids and awarding contract for the "Otay Lakes
Road Sidewalk Improvements from Allen School Lane to Surrey Drive and Pavement
Rehabilitation on Otay Lakes Road from Bonita Road to Ridgeback Road (STL-286)"
Project to Portillo Concrete, Inc. in the amount of $1,474,864.00 and authorizing the
expenditure of all available funds in the project.
2. Council approve the resolution appropriating Proposition 42 Traffic Congestion Relief
Funds to the "Otay Lakes Road Sidewalk Improvements from Allen School Lane to
Surrey Drive and Pavement Rehabilitation on Otay Lakes Road from Bonita Road to
Ridgeback Road (STL-286)" project from the available fund balance and authorizing
interproject transfers from existing capital improvement projects "Castle Park Elementary
Sidewalk Improvements (STL-287)" and "Street Light Installation Along Otay Lakes
Road and Bonita (TF-286) to STL-286 as necessary to complete the project.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On March 7, 2007, the Director of General Services received sealed bids for the "Otay Lakes
Road Sidewalk Improvements (West Side) from Allen School Lane to Surrey Drive and
Pavement Rehabilitation on Otay Lakes Road from Bonita Road to Ridgeback Road (STL-286)"
project. The project consists of the following scope: removal and replacement of curbs, gutters,
sidewalks, and driveways displaced by differential settling, tree roots, etc., sidewalk installation
and retaining wall installation along Otay Lakes Road (Allen School Lane to Surrey Drive), and
pavement rehabilitation along Otay Lakes Road (Bonita Road to Ridgeback Road). The work
includes excavation and grading, PCC sidewalks, driveways, curbs & gutters, asphalt concrete
pavement overlay along Otay Lakes Road (Bonita Road to Surrey Drive), pavement chip-seal
rehabilitation along Otay Lakes Road (Surrey Drive to Ridgeback Road), 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 pavement rehabilitation of Otay Lakes Road consists of overlay from Bonita
Road to Surrey Drive and chip seal from Surrey Drive to Ridgeback Road. This area was
scheduled for rehabilitation years ago due to the deterioration of the roadway and the pavement
condition of the street. The timing of this project was delayed due to a grant obtained from
SANDAG to construct the missing sidewalk improvements from Allen School Lane to Surrey
Drive (west side). In addition, the undergrounding of the overhead utilities and installation of
the streetlights had to occur prior to the pavement rehabilitation.
4-2
3/20/07, ItemL
Page 3 of 4
The citizens in the vicinity of the project have expressed concerns regarding the removal of trees
within the City's Open Space area along the proposed sidewalk installation. The first phase of
the project involved the removal of trees within the sidewalk installation area, which was
completed in November 2006. The City Landscape Architect will be evaluating the area upon
completion of the sidewalk installation and will determine the appropriate planting scheme for
the Open Space area.
General Services Project Design staff prepared plats, specifications, and advertised the project.
The City received bids from four (4) contractors as follows:
CONTRACTOR BID
Portillo Concrete, Inc. - Lemon Grove, CA $1,474,864.00
Hazard Construction, Inc. - San Diel!o, CA $1,525,692.50
Koch-Armstrong General Engineering, Inc. - Lakeside, CA $1,587,847.70
HMS Construction - San Marcos, CA $2,055,835.55
The low bid by Portillo Concrete, Inc. is below the Engineer's estimate of $1,881,803.50 by
$406,939.50 or 21.6%. Portillo Concrete, Inc. has done many 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 Portillo Concrete, Inc. of Lemon Grove, CA,
for $1,474,864.00.
Approval of tonight's resolution will authorize City staff to expend all available funds and
increase the value of the contract as necessary due to unforeseen circumstances. Unforeseen
circumstances (i.e. poor sub grade, utility conflicts, increase of dig-out quantities, increase in
concrete quantities, etc.) may cause an increase in quantities beyond what was anticipated during
the preparation of the project specifications. A typical "unforeseen circumstance" situation
occurs during the dig-out process as pavement distress areas are repaired (dig-outs). Often times,
additional areas are repaired beyond what is anticipated due to the failing area increasing in size.
As a result, additional material is required to repair the areas and may lead to a necessary
"Change Order" to the contract. This is a typical situation with all pavement rehabilitation
projects. 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 funding available.
Disclosure Statement
Attachment 1 is a copy of the contractor's Disclosure Statement.
Wage Statement
The source of funding for this project is Transnet, TDA, Residential Construction Tax (RCT) and
Proposition 42 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 no property holdings
within 500 feet of the boundaries of the property, which is the subject of this action.
4-3
3/20/07, Item-i-
Page 4 of 4
FISCAL IMPACT
The funds for this project will be primarily provided for by the Proposition 42 Traffic
Congestion Relief funds allocated by the State Controller to cities and counties for street and
road maintenance or reconstruction. Staff is recommending appropriating $2,126,034.77 from
the available balance of the Proposition 42 Traffic Congestion Relief fund to the "Otay Lakes
Road Sidewalk Improvements (West Side) from Allen School. Lane to Surrey Drive and
Pavement Rehabilitation on Otay Lakes Road from Bonita Road to Ridgeback Road (STL-286)"
project for work described above. In addition, staff is recommending transferring existing funds
from two completed projects, "Castle Park Elementary Sidewalk Improvements (STL-287)" and
"Street Light Installation at Otay Lakes Road and Bonita Road (TF-286), to STL-286 as
necessary to complete the project.
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $1,474,864
B. Contingencies (20% of contract) $294,973
C. Staff Time Cost (approx %age of total):
Construction Inspection (4%) $100,000
Design/Construction Management (12%) $270,000
Survey Work (3%) $70,000
Planning/Environmental/Traffic/Landscape/Public Works (I %) $34,000
Soil Testing (2%) $40,000
Right of Way (.5%) $12,000
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,295,837
FUNDS A V AILABLE FOR CONSTRUCTION
A. Interproject Transfer from STL287 (multiple funds)
Gas Tax $63,657
Trans Sales Tax $7,882
Bike Facilities $8,484
B. Interproject Transfer from TF286
RCT $64,988
C. Proposition 42 Traffic Congestion Relief FY 07 $922,525
D. Proposition 42 Traffic Congestion Relief FY 08 $1,228,30 I
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $2,295,837
Upon completion of the project, the improvements will reqUire only routine City street
maintenance.
ATTACHMENTS
I - Contractor's Disclosure Statement
Prepared by: Jeff Moneda, Sr. Civil Engineer, General Services Department
}:\General Services\GS Administration\Council Agenda\STL-286 Otay Lakes Road\STL-286 Award Al13 Mar 2007 Fina1.doc
4-4
ATTilCHME1\1""
/
"""''''''--
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, Plarming Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
tJene
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
_J.J(<)n e..
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 the non-profit organization or as trustee or beneficiary or
trustor of the trust.
_None...
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.
~OA e..-
5. Has any person* associated with this contract had any [mancial dealings with an official** of the
City ofChula Vista as it relates to this contract within the past 12 months? Yes_No-X-
19
-r....f:\General Scr\'ict's'd ksign\STL286\SP ECir I CAT! D7\\STL.28(;-Mln- \Vage-Rl.~\!doc
4-5
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 X 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:
17/07
c/ltzi"L)~
Signature of Contractor! Applicant
J1~o fbl"ml ()
Print or type name of Contractor! Applicant
*
Person is defmed as: any individual, finn, 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.
20
1vl \Genl.:J'a) Sl:rv;ccs\j)(:sign\STL2~6\SPECIF leA T10i\' SI'LZl'5t\-M in- \',/age-REV .doc
4-6
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "OTAY LAKES ROAD SIDEWALK
IMPROVEMENTS FROM ALLEN SCHOOL LANE TO
SURREY DRIVE AND PAVEMENT REHABILITATION ON
OTAY LAKES ROAD FROM BONITA ROAD TO
RIDGEBACK ROAD (STL-286)" PROJECT TO PORTILLO
CONCRETE, INC. IN THE AMOUNT OF $1,474,864.00 AND
AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE
FUNDS IN THE PROJECT.
WHEREAS, on March 7, 2007, the Director of General Services received four (4) sealed
bids for the for the "Otay Lakes Road sidewalk improvements from Allen School Lane to Surrey
Drive and pavement rehabilitation on Otay Lakes Road from Bonita Road to Ridgeback Road
(STL-286)" 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 1 Categorical Exemption pursuant to Section 15301 (Existing
Facilities) of the State CEQA Guidelines because the proposed project consists of minor
alterations to an existing public facility involving no expansion of the facility's current use.
Thus, no further environmental review is necessary.
WHEREAS, the City received bids from four (4) contractors as follows:
CONTRACTOR BID
Portillo Concrete, Inc. - Lemon Grove, CA $1,474,864.00
Hazard Construction, Inc. - San Diego, CA $1,525,692.50
Koch-Armstrong General Engineering, Inc. - Lakeside, CA $1,587,847.70
HMS Construction - San Marcos, CA $2,055,835.55
WHEREAS, the low bid by Portillo Concrete, Inc. is below the Engineer's estimate of
$1,881,803.50 by $406,939.50 or 21.6%, the contractor has done several capital improvement
projects in the city, and its work has been satisfactory; and
WHEREAS, City Council authorizes the Director of Public Works Operations authority
to approve change orders as necessary up to the total funding available.
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 "Otay Lakes Road Sidewalk
Improvements from Allen School Lane to Surrey Drive and Pavement Rehabilitation on Otay
4-7
Lakes Road from Bonita Road to Ridgeback Road (STL-286)" project to Portillo Concrete, Inc.
in the amount of $1,474,864.00.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
~~~~.~'(~,\
Ann Moore
City Attorney
M:\General Services\GS Administration\Council Agenda\STL~295\STL295 Reso for Award.doc
4-8
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING PROPOSITION 42
TRAFFIC CONGESTION RELIEF FUNDS TO THE "OTAY
LAKES ROAD SIDEWALK IMPROVEMENTS FROM ALLEN
SCHOOL LANE TO SURREY DRIVE AND PAVEMENT
REHABILITATION ON OT A Y LAKES ROAD FROM BONITA
ROAD TO RIDGEBACK ROAD (STL-286)" PROJECT FROM
THE AVAILABLE FUND BALANCE AND AUTHORIZING
INTERPROJECT TRANSFERS FROM EXISTING CAPITAL
IMPROVEMENT PROJECTS "CASTLE PARK ELEMENTARY
SIDEWALK IMPROVEMENTS (STL-287)" AND "STREET
LIGHT INSTALLATION ALONG OTAY LAKES ROAD AND
BONITA (TF-286) TO STL-286 AS NECESSARY TO
COMPLETE THE PROJECT
WHEREAS, on March 7, 2007, the Director of General Services received sealed bids for
the "Otay Lakes Road Sidewalk Improvements from Allen School Lane to Surrey Drive and
Pavement Rehabilitation on Otay Lakes Road from Bonita Road to Ridgeback Road (STL-286)"
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 1 Categorical Exemption pursuant to Section 15301 (Existing
Facilities) of the State CEQA Guidelines because the proposed project consists of minor
alterations to an existing public facility involving no expansion of the facility's current use and
no further environmental review is necessary; and
WHEREAS, staff is recommending appropriating $2,150,826.00 from the available
balance of the Proposition 42 Traffic Congestion Relief fund to the "Otay Lakes Road Sidewalk
Improvements (West Side) from Allen School Lane to Surrey Drive and Pavement Rehabilitation
on Otay Lakes Road from Bonita Road to Ridgeback Road (STL-286)" project; and
WHEREAS, staff is recommending transferring existing funds from two completed
projects, "Castle Park Elementary Sidewalk Improvements (STL-287)" and "Street Light
Installation at Otay Lakes Road and Bonita Road (TF-286), to STL-286 as necessary to complete
the proj ect.
WHEREAS, the projects from which the transfers will be made from have been identified
as either complete and/or the scope of work is the same work as described for STL-286.
4-9
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the appropriation of Proposition 42 Traffic Congestion Relief Funds
to the "Otay Lakes Road Sidewalk Improvements (West Side) from Allen School Lane to Surrey
Drive and Pavement Rehabilitation on Otay Lakes Road from Bonita Road to Ridgeback Road
(STL-286)" project from the available fund balance and authorize interproject transfers from
existing capital improvement projects "Castle Park Elementary Sidewalk Improvements (STL-
287)" and "Street Light Installation Along Otay Lakes Road and Bonita (TF-286) to STL-286 as
necessary to complete the project.
Presented by
Approved as to form by
~~~~\\...
Ann Moore -
City Attorney
Jack Griffin
Director of General Services
M:\General Services\GS Administration\Council Agenda\STL-286 Otay Lakes Road\STL286 Reso for Transfer of Funds.doc
4-10
CITY COUNCIL
AGENDA STATEMENT
~I!?::. CITY OF
- f CHUIA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
March 20, 2007, Item~
"THE LANDINGS AT WINDING WALK" AN
AFFORDABLE HOUSING DEVELOPMENT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CONDITIONALLY APPROVING
FINANCIAL ASSISTANCE, SUBJECT TO FUTURE
APPROPRIATION FROM THE HOME INVESTMENT
PARTNERSHIP (HOME) PROGRAM IN AN AMOUNT
NOT-TO-EXCEED $920,000 TO CHELSEA INVESTMENT
CORPORATION, FOR THE DEVELOPMENT OF THE
PROPOSED 92-UNIT "THE LANDINGS AT WINDING
WALK" ~:./
ACTING DIRECTOR OF CO~UNITY DEVELOPMENTP'
INTERIM CITY MANAGER (II
4/STHS VOTE: YES D NO ~
BACKGROUND
On September 5, 2006, the City of Chula Vista and Brookfield Shea Otay, LLC, a California
Limited Liability Corporation, entered into an Affordable Housing Regulatory Agreement
to provide affordable for-sale housing in Neighborhood R-19 ofOtay Ranch Village Eleven.
This Agreement was entered into to satisfy the master developer's affordable housing
obligations to provide 207 total affordable units (92 low-income and 115 moderate-income)
under the City's Balanced Communities Policy of the Housing Element.
Since the execution and subsequent recordation of this Agreement, the master developer has
requested that the City of Chula Vista consider revising the affordable housing development
and the related Agreement to allow the affordable units for low-income households to be
rental rather than for-sale housing, while continuing to provide homeownership
opportunities for moderate-income households. Chelsea Investment Corporation (CIC) has
been selected by the master developer to pursue development of the affordable rental
housing on the R-19 site. CIC is currently in the process of securing financing for the
project and is requesting consideration of fmancial assistance.
5-1
March 20, 2007, Item~
Page 2 of 8
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has determined that the
proposed project was adequately covered in previously adopted Final Second Tier
Environmental Impact Report, EIR 01-02. Thus, no further CEQA review is necessary.
The City's HOME funds will be the source of fmancial assistance. Therefore, as required
by the HOME Program, the project must also be reviewed under NEPA. Funding of the
loan will be conditioned upon the completion of all required review under NEP A.
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Direct staff to bring back to Council for its consideration an amendment to the
Affordable Housing Regulatory Agreement for Neighborhood R-19 in Otay Ranch
Village Eleven replacing the obligation of 92 affordable for-sale units for low-income
households with 92 affordable rental units, concurrently with consideration of all
other agreements and documents necessary for the financing of the proposed rental
housing development.
2. Adopt the resolution conditionally approving financial assistance of $920,000 from
the HOME Investment Partnership Program to Chelsea Investment Corporation for
the development of the proposed The Landings at Winding Walk.
BOARDS/COMMISSION RECOMMENDATION
On February 28, 2007, the Housing Advisory Commission voted to recommend the
development of The Landings at Winding Walk as an affordable rental community and
the conditional approval of HOME funds to assist in its financing.
On August 1, 2005, the Design Review Committee (DRC) reviewed and approved the
proposed site plans and architectural elevations for the 92-unit The Landings at Winding
Walk.
DISCUSSION
Housinl! Element Requirements
The City's State-mandated Housing Element, which was adopted by the City Council in
December 2006, requires the provision of housing for all economic groups and distribution
of affordable housing developments throughout the City. The City's strategy to implement
this mandate is to require 10 percent of any new subdivision in excess of fifty (50) units to
be made affordable for low and moderate-income families (5% low and 5% moderate) and
to balance affordable housing development throughout the City. The primary objective of
5-2
March 20, 2007, ItemL
Page 3 of8
this policy is to increase affordable housing opportunities in the new planned communities
of eastern ChuIa Vista so that residents, particularly low-income households, have equal
housing choices throughout the City.
Affordable Housine: Oblie:ation
Under the City's Affordable Housing Program, the master developer of Otay Ranch
Village 11 ("Winding Walk") has an obligation to provide a total of 207 affordable units:
92 low-income and 115 moderate-income.
The master developer had originally proposed satisfying their affordable housing
obligation through a for-sale project of 239 three-bedroom units, known as "The
Landings," located on the corner of Discovery Falls Road and Crossroads Street. Ninety-
two of the units were to be available as low-income for-sale units, 115 as moderate-
income for-sale units, and 32 as market rate/unrestricted units. On September 5, 2006,
the City and master developer executed and recorded against the property an Affordable
Housing Regulatory Agreement that detailed implementation of this project, as described
above.
Proposed Alternative
At this time, the master developer is proposing an alternative to the original project. The
Landings project would be revised to allow the 92 units for low-income households to be
rental housing rather than pursuing a first time homebuyer project. Chelsea Investment
Corporation (CIC) has been selected by the master developer to develop and construct
The Landings as a rental community. Other than the tenure (rental versus owner-
occupied), all aspects of the project site plan and design will remain as approved by the
Design Review Committee.
The master developer is proposing rental housing for the low-income units based upon
the increasing difficulty in developing and implementing successful homeownership
opportunities for low-income households in Chula Vista and throughout the region. A
variety of reasons can be attributed to this difficulty: housing needs, current market
conditions, and difficulty finding qualified applicants. Rental housing within the
Winding Walk community can also serve to meet a great demand for affordable housing
and offer a variety of housing types in an area dominated by higher priced for-sale
housing.
Actions required by the City to revise the project to 92-units of affordable rental housing
would include the reconveyance of the existing Affordable Housing Regulatory
Agreement on the title of the property, and the recordation of two new agreements (one to
address the 92 low income units and one to address the 115 moderate income units).
These agreements will be brought back to City Council for approval. No further
discretionary actions would be required.
5-3
March 20, 2007, Item~
Page 4 of 8
Housing Needs and Balanced Housing
According to the 2000 Census, over 60% of Chula Vista residents qualified as low- or
very low-income (earning less than $52,000 per year for a family of four). Based upon
their income and current housing prices, market rate homeownership is not affordable for
many lower income households.
While homeownership caiJ be a stepping stone for low-income buyers to gain equity and
provide their family with a better quality of life, owning a home is also a very expensive
and demanding choice for those on a fixed income. In addition to the monthly mortgage
and insurance costs, the continuous expenses for home improvements, repairs, and
maintenance can make homeownership more unaffordable for low-income families. For
many low-income families, rental housing is a more appropriate option.
In addition, the majority of the City's rental housing supply is located in the western
portion of the City (55%), while the east (east of 1-805) offers predominately owner
occupied units (84.2%). In recent years, the City has experienced the conversion of
nearly 900 market rate rental units in the east to condominiums, further impacting the
existing supply of rental housing in this area.
The Winding Walk community, as well as other neighboring Otay Ranch communities,
offers various types of homeownership opportunities, such as single family detached
homes, rowhomes, and condominiums, but has no affordable or market rate rental
housing constructed or planned. The Landings will satisfY the affordable obligation for
Village II. The location of The Landings provides an ideal site for an affordable rental
development, with its close proximity to transportation links, substantial commercial
developments at Eastlake Terrace and Otay Ranch Town Center, middlelhigh school, the
planned Eastern Urban Center and the University/Regional Technology Park site.
The proposal to develop The Landings as an affordable rental community would assist in
meeting goals identified in the recently adopted 2005-2010 Housing Element by
encouraging a balanced housing stock and variety of housing choices in the eastern
portion of the City.
Market Conditions
As of 2006, the average price for a medium density attached home in San Diego County
was approximately $440,000 and $825,000 for a single family home. The overall median
price of a home was $550,000.
5-4
March 20, 2007, Item~
Page 5 of8
To afford a median-priced home in San Diego County, buyers need an annual income of
about $134,000.1 In Chula Vista, the area median income for 2006 was $64,900.
Therefore, it is not surprising that less then 10% of the current population can afford
homeownership.2
As housing prices escalate, subsidy levels to qualify low-income buyers for affordable
for-sale projects also increase. .At the City's most recent affordable for-sale project, City
subsidies ranged from $172,000 to $192,000 per low-income unit, with a market price
ranging from $344,000 to $410,000. Unlike rental units, which may provide housing for
numerous low-income families over the life of the project, for-sale units often benefit
only one family, the initial purchaser.
A recent market study completed by the master developer for The Landings echoed
similar concerns regarding the pricing of homes and the potential pool of qualified low-
income homebuyers. The conclusions in the study raised concerns over the master
developer's ability to sell 92 low-income for-sale units.
Based on a sizeable inventory of new and re-sale units available on the market, the master
developer is projecting "flat" sales price appreciation for the 2007 new-home affordable
market, with 2-4 closings per community per month. Based on this absorption rate and
the lack of a waiting list, it would take approximately 46 months - almost four years - to
sell and close escrow on the 92 low-income units at The Landings.
Finding Qualified Home Buyers
The absorption rates experienced by the master developer for Village Eleven and the
developer of the Mar Brisa development in San Miguel Ranch are symptomatic of a
larger issue: a limited number of qualified buyers. Among the issues that limit the
number of qualified buyers are debt/income ratios, downpayment costs, and total housing
payment.
Today's society is reliant on the use of debt. Experience from past affordable housing
developments has demonstrated that many applicants simply have too much debt (i.e.
student loan debt, car loans, revolving credit) to qualify for loans and/or meet City
debt/income ratio requirements, regardless of subsidy levels. In addition to meeting the
debt to income ratios used for loan qualification, applicants must have sufficient
discretionary cash for a downpayment, closing costs, and reserves.
Unlike rental housing, homeownership costs include the monthly mortgage and
additionally costs for Home Owner Association fees and property taxes (the "Total
Housing Payment"). Potential low-income buyers can barely qualify for a decent
I Homes for All San Diegans, The State of Housing Affordability in the Region, 2006
2 U.S. Department of Housing and Urban Development, March 8, 2006
5-5
March 20, 2007, Item~
Page 6 of8
mortgage amount after Home Owner Association fees and property taxes are factored in.
A recent affordable homeownership project (Mar Brisa) experienced difficulty finding
applicants who could qualify for a $160,000 mortgage.
Financinl?: a Rental Development
Financing and development of The Landings, as a rental community, is proposed as a
joint private-public partnership. CIC will be using Tax Exempt Multi-Family Revenue
Bonds, Low Income Housing Tax Credit financing, and the State Multifamily Housing
Program (MHP) to support the majority of the estimated $33.8 million ($367,300 per
unit) cost of constructing the project (Attachment 2).
Due to the financing programs CIC will be pursuing, the project will provide rents even
lower than the 80% of the Area Median Income (AMI) required by the City's Affordable
Housing Program. Units will be made affordable to families at 30% to 60% of the AMI
and income and rent restrictions will be maintained for a period of 55 years (Attachment
3).
The income and rent restrictions will be incorporated into the various deed restrictions for
The Landings. Compliance with these restrictions will be subject annually to regulatory
audit and annual tax credit certification. Compliance with strict property management
policies and procedures will ensure that income and rent restrictions will be maintained
for the full 55-year compliance period, and will bind all subsequent owners of The
Landings, so that the commitment remains in force regardless of ownership.
With rents restricted at these levels and for this time period, the net operating income is
insufficient to support a loan large enough to cover the project costs. Therefore, there
remains a financing gap of approximately $12 million.
It is proposed that the remaining financing gap will be met by a combination of master
developer land donation, deferred developer fee and City assistance. To close the
financing gap, CIC has requested direct financial assistance of $920,000. The City's
funds would be used to restrict 11 of the units for extremely low-income households at
30% of the AMI. This equates to a per unit subsidy of $83,636.
As specified in the City's Housing Element, the Regional Housing Needs Assessment
estimates a total need of 3,875 new housing units for extremely low and very low-income
households. By using City funds to assist this income category, the City is able to make
progress towards its own Housing Element goals, as well as the Region's.
Staff is recommending that the City conditionally approve financial assistance III an
amount not to exceed $920,000 from its HOME funds to assist the project. The
leveraging of local dollars is necessary to obtain the critical bond/tax credit and MHP
5-6
March 20, 2007, Item~
Page 70f8
fmancing for the project. As proposed, the project would be able to leverage $36 in
private investment for each $1 of our local resources. Financial assistance for the
residential units will be subject to negotiation of satisfactory terms of the Regulatory
Agreement and Loan Agreement and the approval of such terms and documents by the
City at a later date.
Form of Assistance - HOME Funds
City assistance will be provided from funding received from the federal HOME
Investment Partnership Program (HOME). Assistance will be in the form of a loan
secured by a note and deed of trust recorded against the property. The principal and
interest on the loan will be amortized over fifty- five years and repaid from cash surplus in
annual installments. Terms of the loan will be further negotiated and all related loan
documents will be presented to the City for approval at a later date.
The City is required to use its HOME funds solely for the purpose of providing
affordable housing for low-income persons. Federal requirements outline timeframes in
which HOME dollars must be allocated and actually expended. By July 2007, the City
must commit $927,860 to eligible activities. With no current plans for the expenditure
of HOME funds and looming expenditure deadlines, the funding of this project will assist
the City in meeting the allocation and expenditure requirements.
Conditions of Fundinl!
It is recommended that funding approved for The Landings be conditioned on approval of
all other funding necessary to fund the project and execution of all necessary loan
documents.
CONCLUSION
staff has analyzed the issues of an affordable for-sale development and rental housing and
the specific issues related to the Otay Ranch community. As stated within the City's
Housing Element, the more pressing need for the City's lower income population is for
quality affordable rental housing, and a more balanced and varied housing stock is
recommended for eastern Chula Vista. The proposal of 92 affordable rental units for
low-income households in the Winding Walk community of Otay Ranch meets both of
these goals, and provides a variety of benefits such as a preferred location to
neighborhood services, amenities and employment centers, private funding opportunities,
long term affordability, and a balance and variety of housing.
At the request of the master developer, and following staff's review and analysis, staff
recommends changing the project from for-sale affordable housing to a rental community.
Based on the foregoing, staff furthermore recommends approval of the City resolution
conditionally approving financial assistance, subject to future appropriation, in an amount
5-7
March 20,2007, Item-5-
Page 8 of8
not-to-exceed $920,000 from the City's HOME funds for the development and
construction of 92-units for lower income households, particularly II-HOME assisted units
for extremely low-income households, within The Landings at Winding Walk.
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 which is the subject of this
action.
FISCAL IMP ACT
Approval of this resolution indicates an intention by the City to provide financial
assistance for the development and construction of The Landings to provide affordable
rental housing opportunities within the Winding Walk Otay Ranch community, once all
other necessary financing for the project is secured. The loan amount of $920,000 will be
appropriated at the time of execution of the City Loan Agreement from the
unappropriated balance in the HOME Program. Funds for staff services are budgeted in
the staff services portion of the Housing Division budget.
ATTACHMENTS
1. Locator Map
2. Summary of Project Sources & Uses
3. Proposed Income & Rent Levels
Prepared by: Leilani Hines. Senior Community Development Specialist, Community Development
J:\COMMDEV\Shea Homes AffHsg Reg Agreement (Vll).dooc [3/14/07; 3:07 PM]
5-8
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The Landings at Wmding Walk
Attachment 2
PROFORMA SUBSIDY ANALYSIS
Cost Funds
Financing Gap
Project Cost
Land Purchase (Land Value & $10,000 Fee)
Construction
Contingency
Permits & Fees
Interest/Fees, Financing Costs
DesignJEngineering
Developer Fees
Reserves, Legal, Other
Sources of Funds
$10,590,000
$14,269,634
$625,861
$2,684,928
$1,668,887
$755,000
$2,500,000
$695,939
Tax Credit Equity
State MHP Loan
Bond
Subtotal $ 33,790,249 $
Subsidies
City Loan
Land Donation
Deferred Developer Fee
TOTAL
Cost per Unit @ 92 Units)
City/Agency Subsidy per Unit @ II Units
City/Agency Leverage
$ 33,790,249 $
5-10
$9,624,000
$7,216,260
$4,948,000
21,788,260 $
12,001,989
$920,000
$10,580,000
$501,989
33,790,249 $
$ 367,285
$ 83,636
$ 36 to $1 of City Assistance
Attachment 3
The Landings at Winding Walk
PROPOSED INCOME & RENT lEVELS
l nit Description No. of Target Income Croup InclusionaQ Proposed
lInits 'X. of AMI Annuallncolllc Housin~ Rents
(-I Persons) Obli~ation
3 Bd/2 Ba 32 30% $20,700 $1,035 $479
3 Bd/2 Ba 12 50% $34,500 $1,035 $838
3 Bd/2 Ba 22 55% $38,000 $1,035 $928
3 Bd/2 Ba 25 60% $41,400 $1,035 $1,018
MGR 1 N/A N/A N/A N/A
Total Restricted 92
5-11
COUNCIL RESOLUTION NO. 2007-_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CONDITIONALLY APPROVING FINANCIAL ASSISTANCE,
SUBJECT TO FUTURE APPROPRIATION FROM THE HOME
INVESTMENT PARTNERSHIP PROGRAM IN AN AMOUNT NOT-TO-
EXCEED $920,000 TO CHELSEA INVESTMENT CORPORATION FOR
THE DEVELOPMENT OF THE PROPOSED 92-UNIT AFFORDABLE
RENTAL COMMUNITY, KNOWN AS THE LANDINGS AT WINDING
WALK
WHEREAS, the City of Chula Vista is an entitlement/participating jurisdiction for the U.S.
Department of Housing and Urban Development (HUD) funding programs and is awarded on an annual
basis a formula grant from the HOME Investment Partnership Program (HOME); and
WHEREAS, HOME funds are designed exclusively to create affordable housing opportunities for
low-income households through the construction, purchase, and/or rehabilitation of affordable housing for
rent or homeownership or provide direct rental assistance to low-income people; and
WHEREAS, Chelsea Investment Corporation ("Developer") proposes to construct a 92 unit
multifamily rental development, with 25 units affordable to low-income households at 60 percent of the
Area Median Income (AMI), 22 units for low-income households at 55 percent of the AMI, 12 units for very
low-income at 50 percent of the AMI, and 32 units affordable to extremely low-income households at 30
percent of the AM I, within the Otay Ranch Village Eleven (also known as "Winding Walk") master planned
community on a vacant 14 acre (gross) site known as Neighborhood R19 located on the corner of
Discovery Falls Road and Crossroads Street in the City of Chula Vista ("Project"); and
WHEREAS, Developer is applying for an allocation of Multifamily Housing Revenue Bonds from
the California Debt Limit Allocation Committee (CDLAC), four percent (4%) tax credits from the Tax Credit
Allocation Committee (TCAC), and Multifamily Housing Program from the State of California Housing
and Community Development Department; and
WHEREAS, subsidies were obtained in the form of a land donation from the master developer,
Brookfield Shear Otay, LLC, and the Developer is proposing to defer a portion of their development fee to
assist in the financing of the Project; and
WHEREAS, the City's evaluation of the development budget, 45-year operating pro forma,
sources and uses for the Project has determined that additional financing is appropriate and necessary in
order to make the Project feasible; and
WHEREAS, the City wishes to provide Developer with a development loan of nine hundred twenty
thousand dollars ($920,000) from its HOME funds to assist with the financing gap for the construction of
the Project, more particularly for eleven floating "HOME-assisted" units for extremely low-income
households; and
WHEREAS, the City's development loan does not exceed the HOME maximum per-unit subsidy
limits based on the Section 221 (d)(3) limits established by HUD; and
WHEREAS, the City's provision of funds to the Project will directly improve the City's supply of
extremely low, very low and low-income housing within the area of the City east of interstate-805; and
WHEREAS, the City has adopted a Housing Element of the General Plan which sets forth the
objective of providing balanced and varied housing opportunities throughout the City to satisfy the needs
5-12
Resolution No. 2007-_
Page 2
and desires of various age, income and ethnic groups of the community, and which specifically provides
for the construction of new affordable rental housing units through City assistance; and
WHEREAS, the Project furthers the goals of the City set forth in the Housing Element and the
Consolidated Plan as it will facilitate the creation of affordable housing which will serve the residents of
the neighborhood and the City; and
WHEREAS, the City's Housing Advisory Commission did, on the 28th day of February, 2007, hold
a public meeting to consider said request for financial assistance; and
WHEREAS, the Housing Advisory Commission, upon hearing and considering all testimony, if
any, of all persons desiring to be heard, and considering all factors relating to the request for financial
assistance, has recommended to the City that financial assistance be approved on the condition that all
other necessary financing be secured for the Project; and
WHEREAS, the Housing Advisory Commission found that the City's financial participation in the
development of the Project will be a sound investment based upon Developer's ability to effectively serve
the City's housing needs and priorities as expressed in the Housing Element and the Consolidated Plan
and the cost effectiveness of the City's financial assistance based upon the leveraging of such resources;
and
WHEREAS, in accordance with the requirements of NEPA, the proposed project will be reviewed
prior to the appropriation of funds from the HOME Program; and
WHEREAS, the development of the Project implements the affordable housing requirements for
Otay Ranch Village Eleven, impacts were previously analyzed in the certified EIR for the Otay Ranch
Village Eleven GDP and SPA Plan (Final Second Tier EIR-01-02), and the Project is in compliance with
the previously certified EIR, therefore, no further action is required under CEQA.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby
conditionally approve financial assistance subject to future appropriation in an amount not-to-exceed
$920,000 from the City's HOME funds to Developer for the construction ofthe Project subject to the City's
approval of an affordable housing regulatory and loan agreement and, at a minimum, the following terms
and conditions:
1. Certification of the appropriate NEPA documentation prior to appropriation of any HOME funds for the
Project.
2. Developer shall secure all other financing necessary for the acquisition and development of the
Project.
3. Developer shall enter into a regulatory and loan agreement with the City to be considered at a later
date by the City Council The approval of this agreement remains subject to final approval by the City
Council which retains its sole and unfettered discretion as to that decision.
4. The loan repayment will be secured by a Deed of Trust and Promissory note for the property on
behalf of the City of Chula Vista and recorded against the Project property.
5. The term of the loan shall be fifty-five (55) years.
5-13
Council Resolution No. 2007-
Page 3
6. Developer will be required to operate the Project consistent with the Regulatory Agreement required
by the Project's tax credit financing, bond financing, the City's Affordable Housing Program, and the
City's HOME financing, the covenants imposed by these Agreements, and any other project
requirements.
7. The City assistance is based upon the assumptions presented within the sources and uses offunds,
development budget, development proforma and other information filed with the Affordable Housing
Review Application for the project as submitted and reviewed by the Community Development
Department. The City assistance is a maximum level of participation. It is expected that any
substantive revisions in such financing assumptions which would lead to an increase in other
resources available, would therefore reduce the level of City assistance.
8. This conditional approval remains subject to final approval by the City in its sole and unfettered
discretion.
pre'~"dl2 /
~ ~V
Ann Hix
Acting Director of Community Development
Approved as to form by
~4:rM
An oore
City Attorney
5-14
~~f?
-11-
~~=~==
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
CITY OF
CHUlA VISTA
March 9, 2007
TO:
Lorraine Bennett, Deputy City Clerk
FROM:
Jennifer Quijano, Constituent Services Manager
RE:
Board of Appeals & Advisors
Mayor Cox would like to recommend Ben West for appointment to the Board of Appeals
& Advisors.
Please place on the March 20, 2007 council agenda for ratification,
Thank you.
cc:
Mayor Cox
Dan Forster
3~/07-
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SerZ <!!JYI O':J C, //. ),Ie-/e s.
:3) /:s / c '7 - oe:- D..:l i-J-
ry A-I
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
CITY OF 619.691.5044 - 619.476.5379 Fax
CHUlA VISTA
MEMO
March 9, 2007
TO:
Lorraine Bennett, Deputy City Clerk
FROM:
Jennifer Quijano, Constituent Services Manager
RE:
Child Care Commission
Mayor Cox would like to recommend Anna Maria Godinez for appointment to the Child
Care Commission.
Please place on the March 20, 2007 council agenda for ratification.
Thank you.
cc: Mayor Cox
Dan Forster
. /- ~ ~'n~ ,/De'.r ~e:> /
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~=-- .;:~
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
CITY OF
CHUlA VISfA
March 12, 2007
TO:
Lorraine Bennett, Deputy City Clerk
FROM:
Jennifer Quijano, Constituent Services Manager
RE:
Charter Review Commission
Mayor Cox would like to recommend Ron Kelley for appointment to the Charter Review
Commission.
Please place on the March 20, 2007 council agenda for ratification.
Thank you.
cc: Mayor Cox
J/ ,.bcr /1tO;t- C?l~/e-n-fl(
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CllY OF
CHUlA VISTA
OFFICE OFTHE CITY ATTORNEY
MEMORANDUM
TO:
Honorable Mayor Cox
Elizabeth Wagner Hull, Assistant City Attorney a.o~
FROM:
VIA:
Ann Moore, City Attorney y,M
SUBJECT:
Campaign Contribution Ordinance
DATE:
March 14,2007
In light of the recent election, you have indicated a desire to review the implementation
of the Campaign Contribution Ordinance adopted in February 2004. The November 2006
election was the first election cycle since the adoption of the revised ordinance. During
the course of the election members of the community and candidates have raised a
number of questions and issues regarding the implementation of the ordinance.
Attached please find the following documents:
I. The adopted Campaign Contribution Ordinance (Municipal Code
section 2.52).
2. December 22,2003 letter from Mr. John Moot, Esq., Chair of the
2003 Campaign Contribution Ordinance Committee, regarding the
proposed 2004 revisions to the ordinance.
3. The staff report from the February 17,2004, meeting where the
Council placed the revised ordinance on first reading.
\
\
If I can provide additional information please let me know.
J :\AttorneylEHulllMemoslCox Campaign Contribs Ord 031307.doc
ryD"'/
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910' (619) 691-5037' FAX (619) 409-5823
,;;, p""I.C"".ume,RecycledP&j>6'
Chula Vista Municipal Code
2.52.030
Sections:
2.52.010
2.52.020
2.52.030
2.52.040
2.52.050
2.52.060
2.52.070
2.52.080
2.52.090
2.52.100
2.52.11 0
2.52.120
2.52.130
2.52.140
2.52.150
2.52.160
2.52.170
2.52.180
2.52.190
Chapter 2.52
CAMPAIGN CONTRmUTIONS*
Purpose and intent.
Interpretation of this chapter.
Definitions.
Campaign contributions.
Surplus campaign funds.
Organizational contributions.
Contribution in violation of this
chapter.
Written solicitations by caudidates.
Loans.
Notice regarding personal funds.
Family contributions.
Prohibition of contribution in the
name of another individual.
Contributions for legal defense.
Campaign contribution checking
account.
Campaign statements.
Duties of city clerk.
Enforcement.
Penalties.
Severability .
· Prior legislation: Ords. 2298, 2334, 2391, 2434, 2581,
2654,2661,2769 and 2849.
2.52.010 Purpose and intent.
In enacting this chapter, the city council finds
and declares that moderate monetary contributions
to political campaigns are a legitimate form of par-
ticipation in the American political process. It is
the policy of this city to protect the integrity of the
electoral process, and the best interests of the citi-
zens of this city are served by regulating campaign
finance.
Inherent in the high cost of election campaign-
ing is the problem of improper influence, real or
potential, exercised by campaign contributors over
elected officials. It is the purpose and intent of the
city council in enacting this chapter:
A. To preserve an orderly political forum in
which individuals may express themselves effec-
tively;
B. To place realistic and enforceable limits on
the amounts of money that may be contributed to
political campaigns in city elections;
C. To prohibit contributions by organizations
and permit individual contributions only;
ryD-;),
D. To provide full and fair enforcement of all
the provisions of this chapter; and
E. To encourage candidate adherence to elec-
tion regulations by making them easier to under-
stand. (Ord. 2955 ~ 1,2004).
2.52.020 Interpretation of this chapter.
The terms and phrases in this chapter shall be
defined as those terms and phrases are defined in
the Political Reform Act of 1974, as amended
(Government Code, Section 81000 et seq.), unless
otherwise specified in this chapter. (Ord. 2955 ~ I,
2004).
2.52.030 Definitions.
A. "Agent" means a person who acts on behalf
or at behest of any other person or accepts a contri-
bution on behalf of a candidate. If an individual
acting as an agent is also acting as an employee or
member of a law, architectural, engineering or con-
sulting firm, or a similar entity or corporation, both
the entity or corporation and the individual are
"'agents. ..
B. "At the behest" means made under the con-
trol or at the direction of, in cooperation, consulta-
tion, coordination, or concert with, at the request or
suggestion of, or with the express prior consent of.
e. "Candidate" means any individual seeking
any city elective office, the candidate's campaign
co=ittee, committee(s) controlled by the candi-
date, agents of the candidate.
D. "City campaign statement" means the state-
ment which, to the extent practicable, shall be sim-
ilar to or consolidated with that required by state
law.
E. "City elective office" means the offices held
by members of the city council and mayor.
F. "Contributions" are defined in a manner
identical with the definition found in Gove=ent
Code Section 82015 and any related provisions in
the California Code of Regulations.
G. "Enforcement authority" means that special
counsel appointed by the city council pursuant to
CVMC 2.52.170.
H. "General election" is that election identified
by Charter Section 900 which is combined with the
state primary election.
1. "Independent expenditure co=ittee" is as
defined in Government Code Sections 82013 and
82031 which supports or opposes in whole or in
part a candidate for city elective office if contribu-
tions are made to said committee with the intent
that they, or a comparable amount of funds other-
wise owned by, or under the control of, the com-
~_77
2.52.040
mittee be used to support or oppose a particular
candidate for a city elective office. This type of
committee is not controlled by the candidate.
J. "Intermediary" means a person who delivers
to a candidate or committee or committee treasurer
a contribution from another person nnless such
contribution is from the person's employer, imme-
diate family or an association to which the person
belongs. Neither candidate or treasurer is consid-
ered an intermediary.
K. "Organization" means a proprietorship,
labor union, finn, partnership, joint venture, syndi-
cate, business, trust, company, corporation, associ-
ation, or committee, including a political action
committee.
L. "Person" means a natural individnal.
M. "Single election contest" means either a
general or special election.
N. "Special election" defined in Charter Sec-
tion 901, as all other municipal elections that may
be held by authority of the Charter or of any law.
(Ord. 2955 ~ 1,2004).
2.52.040 Campaign contributions.
A. No person, other than a candidate, shall
make a contribution in excess of $300.00 to a can-
didate for a single election contest. No candidate
shall solicit or accept a contribution in excess of
$300.00 from a contributor for a single election
contest. A candidate may receive up to $300.00
from a contributor in each of the general and spe-
cial elections.
B. The terms of this chapter are applicable to
any contributions made to a candidate or commit-
tee hereunder, whether used by such candidate or
committee to fmance a current campaign or to pay
debts incurred in prior campaigns.
C. No person shall make a contribution to any
candidate for city elective offices and no such can-
didate shall accept from any person such a contri-
bution sooner than 11 months preceding a single
election contest.
D. A contribution for an election may be
accepted by a candidate for elective city office
after the date of the election only to the extent that
the contribution does not exceed net debts out-
standing from the election, and the contribution
does not otherwise exceed the applicable contribu-
tion limit for that election.
E. A candidate for city elective office may not
solicit or accept contributions for a special election
prior to the holding of the general election for that
office. A candidate for city elective office may
carry over contributions raised in connection with
one election for elective city office to pay cam-
paign expenditures incurred in connection with a
subsequent election for the same elective city
office. (Ord. 2955 ~ 1,2004).
2.52.050 Surplus campaign funds.
A. Upon leaving any elected office, or at the
end of the post-election reporting period following
the defeat of a candidate for elective office, which-
ever occurs last, campaign funds under the control
of a candidate shall be considered surplus cam-
paign funds.
1-0- j
Chula Vista Municipal Code
2.52090
B. Surplus campaign funds shall be used only
for the following purposes:
I. To repay contributions.
2. To make a donation to any bona fide char-
itable, educational, civic, religious, or nonprofit
organization, where no substantial part of the pro-
ceeds will have a material financial effect on the
candidate, any member of his or her immediate
family, or his or her campaign treasurer.
3. To pay for professional services reason-
ably required by the candidate or committee to
assist in the performance of its administrative func-
tions, including payment for attorney's fees for lit-
igation that arises directly out of a candidate's
activities or his or her status as a candidate, includ-
ing, but not limited to, an action to enjoin defama-
tion, defense of an action brought of a violation of
state or local campaign, disclosure, or election
laws, and an action from an election contest or
recount. (Ord. 2955 9 1,2004).
2;52.060 Organizational contributions.
. A. No organization shall make a contribution to
any candidate or candidate campaign committee.
This chapter shall not apply to contributions made
to a committee which is organized solely for the
purpose of supporting or opposing the qualification
for the ballot or adoption of one or more city mea-
sures.
B. No officer, employee, agent or attorney or
other representative of a person covered by this
chapter shall aid, abet, advise or participate in a
violation of this chapter. All contributions made by
a person whose contribution activity is financed,
maintained or controlled by an organization or any
other person shall be deemed to be made by that
organization or other person. If the contribution is
deemed made by an organization, it is prohibited.
C. No candidate shall knowingly accept a pay-
ment or contribution made in violation of this
chapter. (Ord. 2955 9 I, 2004).
C. A contribution shall not be considered to be
received if it has not been negotiated, deposited, or
utilized, and is returned to the donor within three
business days of discovery of receipt. (Ord. 2955 9
I, 2004).
2.52.080 Written solicitations by candidates.
Any candidate making a written solicitation for
a contribution for his or her campaign for city elec-
tive office shall include the following written
notice in no less than six point type on each such
solicitation:
NOTICE
Ordinance No. 2955 of the City of Chula
Vista limits contributions to campaigns for
City elective office, either to candidate
controlled committees orto regulated inde-
pendent expenditure committees, to three
hundred dollars per contributor.
(Ord. 2955 9 I, 2004).
2.52.090 Loans.
A. A loan or extension of credit shall be consid-
ered a contribution from the maker of the loan or
extender of credit and shall be subject to the contri-
bution limitations of this chapter.
B. The provisions of this chapter apply to per-
sonalloans or extensions of credit, but do not apply
to loans made to a candidate by a commercial lend-
ing institution in the lender's regular course of
business on terms available to members of the gen-
eral public for which the candidate is personally
liable,
C, A candidate for elective city office may not
personally loan to his or her campaign an amount
in excess of $20,000.
D. Each opponent of a candidate who has made
a loan to his or her campaign pursuant to this sec-
tion shall be permitted to solicit and receive, and
contributors to such opponent may make, contribu-
2.52.070 Contribntion in violation of this tions in excess of the limits contained in CVMC
chapter. 2.52,040. The limitation contained in CVMC
A. If a contribution is tendered and would be in 2.52.040 shall be suspended from the date candi-
violation of this chapter, it shall be returned within date made said loan so that the opponent may
three business days of discovery. receive contributions in excess of the limitation up
B. Ifa contribution which is in violation of this to the amount loaned by the candidate. Those con-
chapter is received by a candidate, the candidate tributions received within or in excess of the limi-
shall report in writing within three business days of tation shall count toward equaling the amount
discovery of the receipt of the contribution to the loaned.
city clerk the facts surrounding such contribution E. Each opponent of a candidate or other person
and shall return such contribution to the contributor who has given notice pursuant to CVMC 2.52.100
within 24 hours of discovery. shall not be bound by the loan limitation within this
q i)... Y.
2.52.100
section to the extent the amount of personal funds
expended or contributed exceeds $20,000. (Ord.
2955 ~ 1,2004).
2.52.100 Notice regarding personal funds.
A. No candidate or other persou shall expend or
coutribute more than $5,000 in persoual funds in
connection with an election campaign unless and
until the following conditions are met:
1. Written notice of the candidate's or other
persou's inteut to so expeud or contribute in excess
of$5,000 shaH be provided to the city clerk and all
opponent candidates. The notice shall be delivered
personaHy or sent by registered mail to the last
known address of the opponent candidates as
shown in the records of the city clerk and shall
specifY the amount intended to be expended or
contributed; and
2. All personal funds to be expended or con-
tributed by the candidate shaH first be deposited in
the candidate's campaign contribution checking
account. The required notice shall be given no later
than 21 days prior to the election. If the expendi-
ture or contribution occurs during the 21 days pre-
ceding the election, the required notice shaH be
provided within 24 hours.
E. Each opponent of any candidate who has
complied with the above conditions shall be per-
mitted to solicit and receive, and contributors to
each such opponent may make, contributions in
excess of the limits established in CVMC
2.52.040(A). The limitation contained in CYMC
2.52.040 shall be suspended from the date candi-
date deposited said funds so that the opponent may
receive contributions in excess of the limitation up
to the amount of personal funds deposited by the
candidate in his or her campaign contribution
checking account. Those contributions received
within orin excess of the limitation shaH count
toward equaling the amount of personal funds
deposited by the candidate in his or her campaign
contribution checking account. (Ord. 2955 ~ I,
2004).
2.52.110 Family contributions.
Contributions by a husband and wife shaH be
treated as separate contributions and shall not be
aggregated where the checks are drawn separately
and signed by the spouse making the contribution.
Contributions by a husband and wife shall be
treated as separate even if combined into one check
but presented with two signatures. (Ord. 2955 ~ I,
2004).
2.52.120 Prohibition of contribution in the
name of another individual.
It is unlawful for any individual, or combination
of individuals acting jointly, to make directly or
indirectly a contribution in the name of another
individual or combination of individuals. (Ord.
2955 ~ I, 2004).
2.52.130 Contributions for legal defense.
Notwithstanding anything contained herein to
the contrary, a payment to or for the benefit of a
councilinember and mayor or candidate made and
used for the express purpose of offsetting costs
already incurred by that councilinember and mayor
or candidate in the defense of a criminal or admin-
istrative prosecutorial action against said coun-
cilinember and mayor, and not made or used for the
purpose of aiding in the election of said coun-
cilinember and mayor or candidate, and not made
within (before or after) 100 days of an election in
which the councilmember and mayor or candidate
is competing for a seat or office, shaH not be
deemed to be a contribution for the purposes of this
chapter. (Ord. 2955 ~ 1,2004).
2.52.140 Campaign contribution checking
account.
The campaign account required by Government
Code Section 85201(a) shall be established at a
financial institution located in San Diego County.
(Ord. 2955 ~ I, 2004).
2.52.150 Campaign statements.
Each candidate and committee shall file cam-
paign statements in the time and manner required
by the Political Reform Act of 1974 as amended
(Government Code Section 84100 et seq.). Com-
pliance with the requirements of that Act shaH be
deemed to be compliance with this chapter. (Ord.
2955 ~ 1,2004).
2.52.160 Duties of city clerk.
In addition to other duties required of the city
clerk under the terms of this chapter and city Char-
ter, the clerk shall:
A. Supply appropriate forms and manuals pre-
scribed by the California Fair Political Practices
Commission. These forms and manuals shall be
furnished to aH candidates and committees, and to
all other persons required to report.
B. Determine whether required documents
have been filed and, if so, whether they conform on
their face with the requirements of state law.
i"Jb-5
Chula Vista Municipal Code
2.52. I 90
C. Notify promptly all person and known com-
mittees who have failed to file a document in the
form and at the time required by state law.
D. Report apparent violations of this chapter
and applicable state law to the enforcement author-
ity.
E. Compile and maintain a current list of all
statements or parts of statements filed with the
clerk's office pertaining to each candidate and each
measure.
F. Cooperate with the enforcement authority in
the performance of the duties of the enforcement
authority as prescribed in this chapter and applica-
ble state laws. (Ord. 2955 Ii 1,2004).
2.52.170 Enforcement.
A. The city attorney shall not investigate or
prosecute alleged violations of this chapter, but
shall defend the constitutionality and legality of
this chapter in any civil proceeding in which the
city or the city council is a party.
B. Special counsel shall investigate or prose-
cute alleged violations of this chapter.
C. The city attorney shall solicit proposals from
attorneys in accordance with Section 503 of the
city Charter and Chapter 2.56 CVMC to act as spe-
cial counsel 180 days prior to a city election. As
part of the annual budget process, city council shall
appropriate no less than $ I 00,000 to fund the reten-
tion of special counsel. Said funds shall be separate
from the city attorney's budget and used solely for
the investigation and prosecution of alleged viola-
tions ofthis chapter.
D. The city attorney shall appoint a panel of no
less than three attorneys to act as special counsel.
Said attorneys shall be compensated by the city and
shall serve as the enforcement authority for this
chapter. Should the appointment of additional spe-
cial counsel become necessary or appropriate, the
city attorney shall appoint such additional special
counsel as may be required. A single member of
the special counsel panel will be assigned to each
case. Assignments will be made on a rotating basis.
E. Complaints of violation ofthis chapter shall
be submitted in writing, under penalty of perjury,
by a resident ofthe city to the city clerk. Said com-
plaint shall state the full allegation of facts that
would constitute a violation of the code. The com-
plaint must be filed within 90 days of discovery of
the alleged violation, but no later than 180 days
from the date ofthe election.
F. The city clerk shall forward the complaint to
the randomly assigned special counsel from the
panel of attorneys appointed by the city attorney
ill)-
within five working days of receipt for a probable
cause determination. If no probable cause is deter-
mined to exist the complaint shall be dismissed
summarily and interested parties shall be notified
in writing.
G. If probable cause is determined to exist, spe-
cial counsel shall take further investigatory and
procedural steps necessary to resolve the matter.
H. Violations of this chapter may be pursued
either through a civil or criminal action at the dis-
cretion of the special counsel. Special counsel may
also commence and prosecute any necessary
administrative proceedings or civil litigation to
compel compliance with this chapter. No enforce-
ment or prosecution or action of special counsel
shall be subject to the review or control of the city
attorney or city council.
I. Special counsel may investigate and may
institute legal action to prevent further violations.
The special counsel may decline to investigate if
the allegation is also a violation of state law and is
the subject of a complaint filed with the fair politi-
cal practices commission.
J. Special counsel shall be immune to liability
for enforcement of chapter. (Ord. 2955 Ii I, 2004).
2.52.180 Penalties.
A. Any person who willfully violates any pro-
vision of this chapter is guilty of a misdemeanor.
Any person who willfully causes or solicits any
other person to violate any provisions of this chap-
ter, or who aids and abets any other person in the
violation of this chapter shall be guilty of a misde-
m€(anor.
B. Any person who intentionally or negligently
violates any provision of this chapter shall be liable
in a civil action brought by special counsel for an
amount not more than three times the amount the
person failed to report properly or unlawfully con-
tributed, expended, gave or received, or $5,000 per
violation, whichever is greater.
In determining the amount ofliability, the court
may take into account the seriousness of the viola-
tion and the degree of culpability of the defendant.
If a judgment is entered, the funds recovered shall
be deposited into the city's general fi.md. (Ord.
2955 Ii I, 2004).
2.52.190 Severability.
If any provision of this chapter, or the applica-
tion of any such provision to any person or circum-
stances, shall be held invalid, the remainder of this
chapter to the extent it can be given effect, or the
application of those provisions to persons or cir-
~
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2.52.190
curnstances other than those as to which it is held
invalid, shall not be affected thereby, and to this
end the provisions of this chapter are severable.
(Ord. 2955 9 1,2004).
'7).)-,
0.'-/'-2003 II :23am Fr..-SULLIVAN WERT! McDADE & WALLACE
SI9-mO-OIOT
T-304 P.002/002 F-7Z6
;: f.v-:>u I ~
1~ S. Moo'
785 River Rocl<
Chula Vista. CA 91914
(619) 838-6668
December 22, 2003
Hon. M'Iyot <ind City Councilmembers
City of Chula Vista
Ch~la Vista, CA
Dear Honorable Mayor and COlU1Cil:
Over the past few yellN lhe City Council bas raised concerns llbout the City's Cllmpaign
Contribution Or4inllllce ("CCO"). To a4dress those concerns me Cii)' Council appointed a
commin~ comprised of Councilmember Palty Davis, TWO representatives of the Charter Review
Commission, one represenTBtive of the Erbics Commission and myself. Tbe Chan"r Review
Commission .appointed Ch.:ryl Cox lllId Amlida MIatin del Campo lllld the Ethics Commission
appointed Ricardo Gilbert to participate in the comminee On behalf of the rnembt:rs comminee,
thank you for the opponunity to review and suggeST modifications to the CCo.
The corominee has met over the past few months to reView lllId revise: the onlinllnc". DLII'ing
the course of our meetings lUld discussions several recommendations were proposed to simplity i1Ild
clarify the CCO. These recommendations include increasing the contribution limit'lrion to $500 in
th" general and special election "'<Ich; to allow contributions from inc1ivillLlil1s only; to proville a
wai ver of contribution limits for 1llI opponent if a canl\i4are lolUlS or gives himself over $1 0,000; lllId
the retention of special counsel fa review lUld pllNllC alleged violations l,Iftheorllinance_ We believe
the recommended modifications fa The ceo will result in an orclinance that is easier for both
~anJilhtes and those charged with interpreting lUlll etlforcing it to use, while protecting the integrity
ofth" "ketion process.
We believe we have accomplisbt:d what was requested of the committe" and are pleased to
present a c1raft ordinance for YOUr review_
S~
"1-1-
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CAMPAIGN ORDINANCE COMPARISON MATRIX
DEL MAR CHULA VISTA (current) CHULA VISTA (Proposed)
Contribution Limit $50.00 $250 $500
Time Limit for contributions Not Addressed II months prior to election or II months preceding a single
upon holding of election election contest.
becomi~ certain
Loans Not Addressed Subject to contribution limit. Loan subj ect to contribution
Loan from commercial lending limit.
institution not subject to Candidate may not personally
contribution limit loan more than $10,000
Contribution limits suspended
for opponent if candidate makes
- personal loan
Use of Personal Funds Disclosure as required by Can't expend more than $5,000 Contribution limits suspended
Political Reform Act until notice provided and funds for opponent of candidate who
deposited 21 days prior to expends personal funds
election
Enforcement City Attorney does not City Attorney does not City Attorney does not
investigate or prosecute alleged investigate or prosecute investigate or prosecute
violations violations; investigated and violations. Panel of Special
Special Counsel appointed by prosecuted by District Attorney. Counsel are retained and alleged
City Council prosecutes IfDA refuses or fails to pursue violations are investigated and
violations complaint referred to Attorney pursued either criminally or
Resident may bring civil action General; if AG fails or refuses, civily by Special Counsel.
to enjoin violation City Attorney appoints Special
Six month Statue of Limitations. Counsel
Finance Director may perform
investigations or audits of
campaign statements
J:AttomcyfEhull/Campaign Ordinance Comparison Matrix
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CAMPAIGN ORDINANCE COMPARISON MATRIX
COUNTY OF SAN DIEGO ESCONDIDO HUNTINGTON BEACH
Contribution Limit $500.00 (including all $250.00 $300 per election cycle
contributions to committees $200 per recall election
supporting or opposing such
candidate)
Time Limit for contributions Candidate may raise money for Consistent with Political Reform Election cycle defined as year of
general election prior to primary. Act as may be amended election and two preceding years.
Candidate can only accept funds
after election up to amount of
debt.
Loans Candidate may not loan $20,000 personal loan limit per Loan subject to contribution
himlherselfmore than $100,000 election. limit and must have written
Candidate may not charge agreement.
interest on personal loan. Loan from commercial lending
institution not subject to
contribution limit
No limit on loan from candidate
to him or herself
Use of Personal Funds Candidate may not expend or Not Addressed Not Addressed
contribution more than $100,000
in personal funds without
providing notice and funds must
be deposited prior to 21 days
before election.
Opponent is nO longer bound by
contribution limits
Enforcement Criminal penalties prosecuted by City Attorney does not Civil and criminal penalties;
District Attorney investigate or prosecute. prosecuted by City Attorney or
Special Counsel appointed 180 citizen with consent of City
days prior to election and shall Attorney
investigate and file appropriate
civil action. If violation of
ordinance is willful than it may
be prosecuted as a misdemeanor.
If convicted then election is void
J:Attomcy/EhullJCampaign Ordinance Comparison Matrix
2
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CAMPAIGN ORDINANCE COMPARISON MATRIX
I ~_seat is deemed vacant. I
LONG BEACH CITY OF SAN DIEGO MODESTO
Contribution Limit $250 for Primary and $250 for $250 for any single election $99 in week proceeding election.
run-off for City Council, $350
for primary and $350 for run-off
for City Attorney, City Auditor,
City Prosecutor
$500 for primary and $500- for
run off for Mayor
Time Limit for contributions During an election cycle - Not Addressed Not Addressed
January I of odd number year
through September I of
following year
Loans Subject to contribution limits No limitation but has disclosure Not Addressed
Loan from Commercial Lending requirement.
Institution not subject to limit.
Candidate may only make a loan
for City Council up to $ I 0,000
for primary & $ 10,000 for run-
off. Mayor - $25,000 for each
Attorney/Auditor/Prosecutor
$15,000 for each.
Use of Personal Funds Not Addressed Not Addressed Not Addressed
Enforcement Criminal and civil penalties Enforced by Ethics Commission City Clerk is responsible for
investigate and prosecuted by and/or City Attorney prosecutes investigation and enforcement.
City Attorney, unless conflict civil or criminal penalties.
and then Special Counselor If convicted in criminal court,
citizen if City Attorney or election is void and seat is
Special Counsel has failed to act. vacated.
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A
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J:Attomey/Ehull/Campaign Ordinance Comparison Matrix
3
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
REPEALING CHAPTER 2.52 AND ADOPTING
CHAPTER 2.52 OF THE CHULA VISTA MUNICIPAL
CODE REGULATING CAMPAIGN CONTRIBUTIONS
WHEREAS, there have been many changes in the law of campaign finance since
the City ofChula Vista's campaign contribution ordinance was adopted; and
WHEREAS, the current ordinance requires clarification of certain provisions that
are ambiguous and difficult to implement; and
WHEREAS, the City Council of the City ofChula Vista has expressed a desire to
amend the municipal code regulating election campaign finance and control; and
WHEREAS, at the October 23,2001 City Council meeting staff was directed to
return to Council with recommendations for establishing a campaign finance reform
committee; and
WHEREAS, on November 20, 2001 the City Council accepted a report from staff
and formed a subcommittee to review the campaign contribution ordinance; and
WHEREAS, the Council directed the committee to review the campaign
contribution ordinance in its entirety and redraft it to ensure consistency with state and
federal law; and
WHEREAS, the Council appointed to the campaign contribution ordinance
committee Councilmember Patty Davis, former Council member John Moot, one member
of the Ethics Commission and two members of the Charter Review
Commission;("Committee") and
WHEREAS, the Ethics Commission appointed Ricardo Gibert and the Charter
Review Commission appointed Cheryl Cox and Armida Martin del Campo; and
WHEREAS, the Committee has prepared an ordinance for presentation to the
Council; and
WHEREAS, 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) ofthe State CEQA
Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
J .AllomcylEhull/cul'npuib'll contribution ordinalll.:c tinal
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NOW, THEREFORE, the City Council ofthe City of Chula Vista does hereby
ordain:
SECTION I.
Chapter 2.52 of the Chula Vista Municipal Code is hereby repealed
in its entirety.
SECTION n.
Revised Chapter 2.52 of the Chula Vista Municipal Code is hereby
added to read as follows:
2.52.010. Purpose and Intent.
In enacting this chapter, the City Council finds and declares that moderate monetary
contributions to political campaigns are a legitimate form of participation in the American
political process. It is the policy ofthis City to protect the integrity of the electoral process;
and the best interests of the citizens of this City are served by regulating campaign finance.
Inherent in the high cost of election campaigning is the problem of improper influence,
real or potential, exercised by campaign contributors over elected officials. It is the
purpose and intent of the City Council in enacting this chapter:
A. To preserve an orderly political forum in which individuals may express
themselves effectively;
B. To place realistic and enforceable limits on the amounts of money that may be
contributed to political campaigns in City elections;
C To prohibit contributions by organizations and permit individual contributions only;
D. To provide full and fair enforcement of all the provisions of this chapter; and
E. To encourage candidate adherence to election regulations by making them easier to
understand.
2.52.020 Interpretation of this Ordinance.
The terms and phrases in this chapter shall be defined as those terms and phrases are
defined in the Political Reform Act of 1974, as amended, (Government Code, section
81000 et seq.) unless otherwise specified in this chapter.
J:^ttorncy/Ehullfcarnpaigll cnnlrihutioll on.lin<lncc Iinal
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2
2.52.030 DeimitioDs.
A. "Agent" means a person who acts on behalf or at behest of any other person or
accepts a contribution on behalf of a candidate. If an individual acting as an Agent is also
acting as an employee or member of a law, architectural, engineering or consulting firm, or
a similar entity or corporation, both the entity or corporation and the individual are
"Agents".
B. "At the behest" means made under the control or at the direction of, in cooperation,
consultation, coordination, or concert with, at the request or suggestion of, or with the
express prior consent of.
C. "Candidate" means any individual seeking any city elective office, the candidate's
campaign committee, committee(s) controlled by the candidate, agents of the candidate.
D. "City Campaign Statement" means the statement which, to the extent practicable,
shall be similar to or consolidated with that required by state law.
E. "City Elective Office" means the offices held by members of the City Council and
Mayor.
F. "Contributions" are defined in a manner identical with the definition found in
Govemment Code Section 82015 and any related provisions in the California Code of
Regulations
G. "Enforcement Authority" means that Special Counsel appointed by the City Council
pursuant to Section 2.52.160.
H. "General Election" is that election identified by Charter Section 900 which IS
combined with the State primary election.
I. " Independent Expenditure Committee" is as defined in Government Code Sections
82013 and 82031 which supports or opposes in whole or in part a candidate for city
elective office if contributions are made to said committee with the intent that they, or a
comparable amount of funds otherwise owned by, or under the control of, tho committee be
used to support or oppose a particular candidate for a city elective office. This type of
committee is not controlled by the Candidate.
J. "Intermediary" means a person who delivers to a candidate or committee or
committee treasurer a contribution from another person unless such contribution is from the
person's employer, immediate family or an association to which the person belongs.
Neither candidate or treasurer is considered an intermediary.
J:AUomey/Ehull/campaign contribution ordinance tlnal
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3
K. "Organization" means a proprietorship, lahor union, firm, partnership, joint venture,
syndicate, business, trust, company, corporation, association, or committee, including a
political action committee.
L. "Person" means a natural individual.
M. "Single Election Contest" means either a general or special election.
N. "Special Election" defined in Charter Section 901, as all other Municipal elections
that may be held by authority of the Charter or of any law.
2.52.040. Campaign Contributions.
A. No person, other than a candidate, shall make a contribution in excess of five
hundred dollars ($500) to a candidate for a single election contest. No candidate shall
solicit or accept a contribution in excess of $500 from a contributor for a single election
contest. A candidate may receive up to $500 from a contributor in each of the general and
special elections.
B. The terms of this chapter are applicable to any contributions made to a candidate or
committee hereunder, whether used by such candidate or committee to finance a current
campaign or to pay debts incurred in prior campaigns..
C. No person shall make a contribution to any candidate for city elective offices and no
such candidate shall accept from any person, such a contribution sooner than eleven
months preceding a single election contest.
D. A contribution for an election may be accepted by a candidate for elective City
office after the date of the election only to the extent that the contribution does not exceed
net debts outstanding from the election, and the contribution does not otherwise exceed
the applicable contribution limit for that election.
E. A candidate for City elective office may not solicit or accept contributions for a
special election prior to the holding of the general election for that office. A candidate for
City elective office may carry over contributions raised in connection with one election
for elective City office to pay campaign expenditures incurred in connection with a
subsequent election for the same elective City office.
2.52.050 Surplus Campaign Funds
A. Upon leaving any elected office, or at the end ofthe post-election reporting period
following the defeat of a candidate for elective office, whichever occurs last, campaign
funds under the control of a candidate shall be considered surplus campaign funds.
B. Surplus campaign funds shall be used only for the following purposes:
J:Attoll1cy/Ehulllr:arnpaigll conlrihutinll mdinance lillal
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1. To repay contributions
2. To make a donation to any bona fide charitable, educational, civic,
religious, or nonprofit organization, where no substantial part of the
proceeds will have a material financial effect on the candidate, any
member of his or her immediate family, or his or her campaign treasurer.
3. To pay for professional services reasonably required by the candidate or
committee to assist in the performance of its administrative functions,
including payment for attorney's fees for litigation that arises directly out
of a candidate's activities or his or her status as a candidate, including, but
not limited to, an action to enjoin defamation, defense of an action brought
of a violation of state or local campaign, disclosure, or election laws, and
an action from an election contest or recount.
2.52.060. Organizational Contributions.
A. No organization shall make a contribution to any candidate or candidate campaign
committee. This chapter shall not apply to contributions made to a committee which is
organized solely for the purpose of supporting or opposing the qualification for the ballot
or adoption of one or more City measures.
B. No officer, employee, agent or attorney or other representative of a person
covered by this chapter shall aid, abet, advise or participate in a violation of this chapter.
All contributions made by a person whose contribution activity is financed, maintained or
controlled by an organization or any other person shall be deemed to be made by that
organization or other person. If the contribution is deemed made by an organization, it is
prohibited.
C. No candidate shall knowingly accept a payment or contribution made in violation
of this chapter.
2.52.70. Contribution in Violation of this Ordinance
A. If a contribution is tendered and would be in violation of this chapter it shall be
returned within three business days of discovery.
B. If a contribution which is in violation of this chapter is received by a candidate,
the candidate shall report in writing within three business days of discovery of the receipt
of the contribution to the City Clerk the facts surrounding such contribution and shall
return such contribution to the contributor within 24 hours of discovery.
C. A contribution shall not be considered to be received if it has not been
negotiated, deposited, or utilized, and is returned to the donor within three
business days of discovery of receipt.
J:AltOnlcy/Ehull/cumpaigll contribution ordinance final
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2.52.080 Written Solicitations by Candidates.
Any candidate making a written solicitation for a contribution for his or her campaign for
city elective office shall include the following written notice in no less than six point type
on each such solicitation:
NOTICE
Ordinance No. _ tlf the City of ('hula Vista limits contributions to campaigns for city elective ofl1ce,
eilher 10 c4Indidute cOl1trolled C0l111l1Jttt.~S or to tegulatt.'t! independent expenditure cOlllmil1et:s. III live
hundred dollars per contributor.
2.52.090 Loans.
A. A loan or extension of credit shall be considered a contribution from the maker of
the loan or extender of credit and shall be subject to the contribution limitations of this
chapter.
B. The provisions of this chapter apply to personal loans or extensions of credit, but
do not apply to loans made to a candidate by a commercial lending institution in the
lender's regular course of business on terms available to members of the general public
for which the candidate is personally liable.
C. A candidate for elective City office may not personally loan to his or her
campaign an amount in excess of $10,000.
D Each opponent of a candidate who has made a loan to his or her campaign
pursuant to this section shall be permitted to solicit and receive, and contributors to such
opponent may make, contributions in excess of the limits-contained in Section 2.52.040
of the Municipal Code until such opponent has raised contributions in amounts above
sllch limits equal to the amount personally loaned by the candidate to his or her own
campaign or controlled committee.
E. Each opponent of a candidate or other person who has given notice pursuant to
2.52.100 shall not be bound by the loan limitation within this section to the extent the
amount of personal funds expended or contributed exceeds $10,000.
2.52.100 Notice Regarding Personal Funds.
A. No candidate or other person, , shall expend or contribute more than $5,000 in
personal funds in cOlmection with an election campaign unless and until the following
conditions are met:
I. Written notice of the candidate's or other person's intent to so expend or
contribute in excess of $5,000 shall be provided to the city clerk and all opponent
J:Altomcyf[~hu!l!(.ampaign contribution ordinance tin..!
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6
candidates. The notice shall be delivered personally or sent by registered mail to
the last known address of the opponent candidates as shown in the records of the
City Clerk and shall specify the amount intended to be expended or contributed;
and
2. All personal funds to be expended or contributed by the candidate shall first be
deposited in the candidate's campaign contribution checking account. The
required notice shall be given no later than twenty-one days prior to the election.
If the expenditure or contribution occurs during the twenty-one days preceding
the election, the required notice shall be provided within twenty- four hours.
B. Each opponent of any candidate who has complied with the above conditions
shall be permitted to solicit and receive, and contributors to each such opponent may
make, contributions in excess of the limits established in subdivision (a) of Section
2.52.040 of the Municipal Code until such opponent has raised contributions in amounts
above such limits equal to the amount of personal funds deposited by the candidate in his
or her campaign contribution checking account.
2.52.110 Family Contributions.
A. Contributions by a husband and wife shall be treated as separate contributions and
shall not be aggregated where the checks are drawn separately and signed by the spouse
making the contribution. Contributions by a husband and wife shall be treated as separate
even if combined into one check but presented with two signatures.
B. Contributions by children under the age of eighteen shall be treated as contributions
by their parents and attributed proportionately to each parent (one-half to each parent or the
total amount to a single custodial parent).
2.52.120 Contributions for Legal Defense
A. Notwithstanding anything contained herein to the contrary, a payment to or for
the benefit of a councilmember and mayor or candidate made and used for the express
purpose of offsetting costs already incurred by that councilmember and mayor or candidate
in the defense of a criminal or administrative prosecutorial action against said
councilmember and mayor, and not made or used for the purpose of aiding in the election
of said councilmember and mayor or candidate, and not made within (before or after) 100
days of an election in which the councilmember and mayor or candidate is competing for a
seat or office, shall not be deemed to be a contribution for the purposes ofthis chapter.
2.52.130 Campaign Contribution Checking Account.
The campaign account required by Goverrunent Code section 85201(a) shall be
established at a financial institution located in San Diego County.
J:^Uorncy/Ehull/cumpaign contribution ordinance final
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2.52.140 Campaign Statements.
Each candidate and committee shall file campaign statements in the time and manner
required by the Political Reform Act of 1974 as amended (Government Code Sections
84100 et seq.). Compliance with the requirements of that act shall be deemed to be
compliance with this chapter.
2.52.150 Duties of City Clerk.
In addition to other duties required of the City Clerk under the terms of this chapter and
City Charter, the Clerk shall:
A. Supply appropriate forms and manuals prescribed by the California Fair Political
Practices Commission. These forms and manuals shall be furnished to all candidates and
committees, and to all other persons required to report.
B. Determine whether required documents have been filed and, if so, whether they
conform on their face with the requirements of state law.
C. Notify promptly all person and known committees who have failed to file a
document in the form and at the time required by state law.
D. Report apparent violations of this chapter and applicable state law to the
Enforcement Authority.
E. Compile and maintain a current list of all statements or parts of statements filed
with the Clerk's office pertaining to each candidate and each measure.
F. Cooperate with the Enforcement Authority in the performance of the duties of the
Enforcement Authority as prescribed in this chapter and applicable state laws.
2.52.150 Enforcement.
A. The City Attorney shall not investigate or prosecute alleged violations of this
chapter, but shall defend the constitutionality and legality of this chapter in any civil
proceeding in which the City or the City Council is a party.
B. Special Counsel shall investigate or prosecute alleged violations of this chapter.
C. City Attorney shall solicit proposals from attorneys in accordance with Section 503
of the City Charter and Section 2.56 of the Municipal Code to act as Special Counsel.
D. A panel of no less than three attorneys acting as Special Counsel and
compensated by City shall serve as the Enforcement Authority for this Ordinance.
Special Counsel shall be recommended by the City Attorney and approved with
considering counsel availability by the City Council. Should the appointment of
additional Special Counsel become necessary or appropriate, the City Attorney shall
J:Altn11lcy/l:hull!cal1lp.lign contl'ibulillll oniinancc lil1<.l1
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recommend and City Council shall appoint, such additional Special Counsel as may be
required. A single member of the Special Counsel panel will be assigned to each case.
Assignments will be made on a rotating basis.
E. Complaints of violation of this chapter shall be submitted in writing, under
penalty ofpetjury, by a resident of the City to the City Clerk. Said complaint shall state
the full allegation of facts that would constitute a violation of the code. The complaint
must be filed within 90 days of discovery of the alleged violation, but no later than 180
days from the date of the election.
F. City Clerk shall forward the complaint to the randomly assigned Special Counsel
from the panel of attorneys appointed by the City Council within 5 working days of
receipt for a probable cause determination. If no probable cause is determined to exist the
complaint shall be dismissed summarily and interested parties shall be notified in writing.
G. If probable cause is determined to exist, Special Counsel shall take further
investigatory and procedural steps necessary to resolve the matter.
H. Violations of this chapter may be pursued either through a civil or criminal action
at the discretion of the Special Counsel. Special Counsel may also commence and
prosecute any necessary administrative proceedings or civil litigation to compel
compliance with the chapter. No enforcement or prosecution or action of Special Counsel
shall be subject to the review or control of the City Attorney or City Council.
1. Special Counsel may investigate and may institute legal action to prevent further
violations. The Special Counsel may decline to investigate if the allegation is also a
violation of state law and is subject of a complaint filed with the Fair Political Practices
Commission.
J. Special Counsel shall be immune to liability for enforcement of chapter.
2.52.170 Penalties
A. Any person who willfully violates any provlston of this Chapter is guilty of a
misdemeanor. Any person who willfully causes or solicits any other person to violate any
provisions of this Chapter, or who aids and abets any other person in the violation of this
Chapter shall be guilty of a misdemeanor.
B. Any person who intentionally or negligently violates any provision of this Chapter
shall be liable in a civil action brought by Special Counsel for an amount not more than
three times the amount the person failed to report properly or unlawfully contributed,
expended, gave or received, or $5000 per violation which ever is greater.
In determining the amount of liability, the court may take into account the seriousness
of the violation and the degree of culpability of the defendant. If a judgment is entered the
funds recovered shall be deposited into the City's General Fund
.I:^lIomey/Ehull/campaign contribution ordinance final
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2.52.180 Severability.
If any provision of this chapter, or the application of any such provision to any person
or circumstances, shall be held invalid, the remainder of this chapter to the extent it can be
given effect, or the application of those provisions to persons or circumstances other than
those as to which it is held invalid, shall not be affected thereby, and to this end the
provisions of this chapter are severable.
f:\Attomey\Ehull\Campaign Contribution Ordinance 12 1003
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CI1Y Of
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
January 30.2004
TO:
FROM:
The Honorable Mayor and City Council
Ann Moore. City Attorney (1'i""
( if'tJ<
Elizabeth Wagner Hull, Deputy City Attorney)
VIA:
SUBJECT:
Campaign Contribution Ordinance
John Moot, Chair of the Campaign Contribution Ordinance Committee, has requested that the
attached infonllation be included in your packet for Item # 8 on the February 3, 2004 Agenda.
r; 7)-;;;)-
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691.5037. (619) 409-5823
@ PQll.(ONumerRecycledPaper
COMPARISON OF ONE COUNCIL SEAT CONTEST (SEAT 2)
Election Year 1990 1998 2002 (Primary)
!$ 7,475.00 $ 33,297.35 $ 67,554.54
$ 10,665.00 I $ 24,993.00 $ 58,145.77
$ 16,253.00
I I
Average 1$
Contributions 9,070.00 $ 29,145.18 ; $ 47,317.77
I
i
Percentage of I
change from 1990 221.34%1 421.70%
I i
Percentage of I j
change from 1998 I 62%
APPROXIMATE I I
POPULATION . 135,1631 162,047: 190,900
.
(1)
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NOVEMBER 1990 ELECTION
07f01f89 . 01f01f90 . 07f01f90 - 10f01f90 - 10121190 -
COUNCIL CANDIDATES 12f31f89 06130190 09130190 10f20f90 12f31f90 TOTAL
RINDONE (SEAT 1) $ 657.61 $ 6,578.00 $ 7,117.62 $1,436.58 $8,799.99 $ 24,589.80
BATARA (SEAT 1) $1,100.00 $ 6,004.00 $ 6,449.50 $ 3,605.00 $4,745.00 $ 21,903.50
FOX (SEAT 2) $ - $ 3,176.00 $ 3,248.00 $ 425.00 $ 626.00 $ 7,475.00
DREW (SEAT 2) Less than $1,000
MOORE (SEAT 21 $ - [ $ 8,774.00 i $1,268.00 I $ 199.00 $ 424.00 $ 10,665.00
oJ({).o 'YY" e c. +tJ
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JUNE 1998 ELECTION I I
! 05/17/98. i
I 12/10/97. 01/01/98 . 03118/98 -
CANDIDATES ; 12/31/97 03117/98 05/16/98 06/30/98 TOTAL
HORTON (MAYOR) $8.976.00 $30.869.75 $11,307.64 $51,153.39
MALCOLM (MAYOR) $700.00 $2,769.00 $1.097.22 $4,566.22
PIANTEDOSI (MAYOR) Less than $1,000
BARAJAS (MAYOR) Less than $1,000
BORHA (MAYOR) Less than $1,000
DAVIS (SEAT 1) $0.00 $1,650.00 $8,078.00 $9,490.00 $8,167.00 $27,385.00
SALGANICK (SEAT 1) $4.700.00 $75,000.00 $0.00 $79,700.00
PERMAN (SEAT 11 $6,093.00 $19,886.00 $3,335.00 $29,314.00
GONZALES (SEAT 1) I Less than $1,000
! I
PADILLA (SEAT 2) ! ! $5,796.00 $16.301.351 $11,200.00 $33.297.35
SANDOVAL (SEAT 2\ I ! $6.985.00 $9,990.001 $8,018.00 $24,993.00
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MARCH 2002 ELECTION : I !
! I . I '
01/01/01 (orl i I I '
07/01101)-/10/01/01 -: 01/01/02. I 01/20/02- . 02117102-1
CANDIDATES 09130101 12/31/01 i 01/19102 02116/02 I 06130102 TOTAL
BARAJAS (MAYOR) Less than $1,000
PADILLA (MAYOR) $5,523.00 $40,012.00 $17 ,846.00 $29,285.21 $30,195.50 $122,861.71
SAI.AS (MAYOR) $21,365.11 $46.003.52 $9,018.89 $20,852.00 $60,125.48 $157,365.00
i
GRIEGO (SEAT 2) I $3,427.97 $38.285.57 $2,025.00 $4,330.00 $19,486.00 $67,554.54
MCCANN (SEAT 2) $10,352.77 $18,731.00 $1.755.00 $23,193.00 $4,114.00 $58,145.77
MORENO (SEAT 2) $0.00 $7.210.00 $2,300.00 $2,165.00 $4,578.00 $16,253.00
DAVIS (SEAT 1) I $13,426.00 $13,245.00 $250.00 $2,825.00 $4,548.00 $34,294.00
MONGE (SEAT 1) Less than $1,000
PINA (SEAT 1) Less than $1,000
! , I
, I
NOVEMBER 2002 (run-off) ELECTION I
I 07101102- 10101102 - 10120/02 - [ i
CANDIDATES , 09/30102 10/19102 12/31/02 i , TOTAL
I
PADILLA (MAYOR) $85,680.00 $18,903.00 $ 5,336.00 I i $109,919.00
SALAS (MAYOR) $38,817.90 $17,849.37 $ 40,962.15 I i $97,629.42
BARAJAS (MAYOR) Less than $1,000
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CHULA VISTA DEMOGRAPHIC TRENDS
Population [ Age [ Housing [Income \"'I't (!) = \ ~ 5 > \ b ~
9000'" \7a. sS6
POPULATION
Annual Growth
[percentage difference]
U.s. Census 135,243
[percentage difference] 22.1% 37,9%
. These estimates are as of Jan 1, 2003.
Population Projections
tt = 10,000
II1S1l tt ti ~.f;'
tt tt tt tt I ~~
1970 tt tt tt tt tt tt tt (f~~
tt tt tt tt tt tt tt tt t <G>~
1990 tt tt tt tt tt tt tt tt tt tt tt tt tt t1 ~f'
tt tt tt tt tt tt tt tt tt tt tt tt tt tt .t tt tt t ~.,,<!f
2010 tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt ~tt tt tt tt tt tt t ~'?""
tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt tt ttlt tt ~.,
2030 tt t. t. tt tt .t .t tt tt tt tt tt tt tt tt .t tt tt tt .t .t .t tt tt tt tt tt tf t ~.f
SOURCE: SAIlDAG PCEJdBER 2OO3J
AGE
SOURCE: SAM>AG IDECEMIlER 2OCl3]
Median Age
HOUSING
Units
Persons Per Un~
INCOME
Mlldisn Household
SOURCE:: CITY OF CHUlAVlSTA. SANlJAGIWoY2OO3l
Community Development Dapartment
(619) 691-5047
VNIW,cLchula-vista.ca,us
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OlY Of
CHUIA VISI'A
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Community Development Depallment 276 Fourth Avenue Chula Vista, CA 91910 1619) 691-5047 Fax 16191 476.5310
.
CITY COUNCIL AGENDA STATEMENT
Item: IP
Meeting Date: 2/17/04
ITEM TITLE: Ordinance of the City Council of the City ofChula Vista amending Chapter
2.52 of Title 2 of the Chula Vista Municipal Code regarding campaign
finance reform.
Ordinance ofthe City Council of the City ofChula Vista amending Section
2.56.110 (F) delegating to the City Attorney additional authority in entering
into agreements for the retention of special counsel to enforce Section 2.52 of
the Chula Vista Municipal Code.
SUBMITTED BY: City Attorney u... -:.r'" 4/5ths Vote: (Yes:_ No:-XJ
The Campaign Contribution Ordinance Committee ("CCO") presented a draft campaign contribution
ordinance to the City Council at the February 3,2004 meeting. At that time, the Council identified a
number of issues with the draft ordinance and requested the CCO meet again to review those issues.
The CCO met on February 9, 2004 and presents for Council consideration a revised ordinance
reflecting modifications designed to address the issues raised at the February 3, 2004 Council
meeting.
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:
That the City Council adopt the ordinance amending Chapter 2.52 of Title 2 of the Chula Vista
Municipal Code regarding campaign finance reform and adopt the ordinance amending 2.56.1 10(F)
of the Chula Vista Municipal Code delegating additional authority to the City Attorney to enter into
contracts up to $100,000 to retain special counsel without Council approval.
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Page 2, Item No.:
Meeting Date:
10
2/17/04
DISCUSSION:
Since March 2000 the Council has raised issues regarding Municipal Code Section 2.52, Campaign
Contributions. In August 2000 the Council, on the motion of then Councilmember Moot, referred the
issue of campaign financing to the Charter Review Commission. In November 2001 staff returned to
Council with a report regarding the formation of a subcommittee to review the Campaign
Contribution ordinance. Council accepted the report and created the subcommittee to review the
ordinance in its entirety. Appointed to the subcommittee were Councilmember Davis, John Moot,
one representative from the Ethics Commission and two representatives from Charter Review
Commission. The Ethics Commission appointed Ricardo Gilbert. The Charter Review Commission
appointed Cheryl Cox and Armida Martin Del Campo.
After many months of work the CCO presented a draft ordinance to the Council on February 3,2004.
At that time the Council discussed a number of provisions of the ordinance and specifically referred
back to the committee and staff the following issues:
I. Delete language regarding contributions by minors.
2. ClarifY language regarding the suspension of contribution limitations.
3. Modify language regarding the hiring of outside counsel to ensure funding and increase
the independence of special counsel.
The CCO met again on February 9 to discuss those identified issues. The draft ordinance before you
this evening is presented in a strikeout and underline format to highlight the modifications proposed
by the CCO following their February 9 meeting.
Minors Provision
Consistent with the discussion at the February 3 Council meeting, the CCO recommends deleting
2.52.11 O(B) regarding contributions by minors. In addition, to address the concern raised that
some people may try to contribute additional funds beyond the contribution limit by funding
their minor children's contribution, the Committee recommends adding a new section prohibiting
contributions in the name of another. Please see new section 2.52.120 in the revised ordinance.
Suspension of Contribution Limits
Council raised questions about and suggested clarifYing the language within the Loan provision
(2.52.090) and the Personal Funds provision (2.52.100) regarding the suspension of contribution
limits. As proposed on February 3 section 2.52.090 (D) read as follows:
D. Each opponent of a candidate who has made a loan to his or her campaign pursuant to
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Page 3, Item No.:
Meeting Date:
10
2/17/04
this section shall be pennilted to solicit and receive, and contributors to such opponent may
make, contributions in excess of the limits contained in Section 2.52.040 ofthe Municipal Code
until such opponent has raised contributions in amounts above such limits equal to the amount
personally loaned by the candidate to his or her own campaign or controlled committee.
As identified on February 3, the underlined language is subject to different interpretations. For
example: if Candidate A loaned himself $60,000, contribution limits will then be suspended for
Candidate B until Candidate Braises $60,000. The question is whether the $60,000 contributed
to Candidate B includes contributions both within and in excess of the contribution limit or are
only contributions in excess of the contribution limit counted toward that $60,000?
The language within the Personal Funds provision, 2.52.100 (B) is very similar and presented the
Same question of interpretation.
After a lengthy discussion the CCO chose to present the Council with draft language to allow
either interpretation. The draft ordinance contains the language as originally presented on
February 3 and two alternatives depending on the direction given by the Council. The first option
provides that contributions within and in excess of the limitation are applied toward the amount
of funds a candidate may raise without regard for the contribution limit. The second option only
applies to those contributions taken in excess of the contribution limit.
Enforcement Provisions
Council referred a number of issues regarding the enforcement provisions back to the CCO for
further review. Specifically, modify the enforcement provisions to require the Council to
appropriate funds for the retention of special counsel during the annual budget cycle; include a
time frame for the retention of special counsel; if consistent with the City Charter, remove the
Council from the process for the appointment and retention of the special counsel; and
incorporate provisions to increase the independence of special counsel.
The revised ordinance before Council this evening includes a requirement for the City Attorney
to solicit proposals from attorneys to act as special counsel 180 days prior to an election. It also
requires the Council to appropriate, into a separate account under the City Attorney's control, no
less than $100,000 for retention of special counsel and vests the authority to appoint the panel of
special counsel solely in the hands of the City Attorney.
Also before you this evening is a modification to the Purchasing Ordinance to delegate to the
City Attorney authority to enter into contracts for up to $100,000 to retain special counsel
without Council approval. '
..fu -~]) ~30
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Page 4, Item No.: 10
Meeting Date: 2/17/04
Amoun t of Contribution Limitation
The CCO also revisited the contribution limit issue. Though the CCO believes $500.00 is an
appropriate contribution limit, they indicated putting in place viable enforcement measures and the
other changes to the ordinance was of primary importance. The CCO would support a minimal
increase and/or delayed implementation of that provision if necessary.
CONCLUSION: CCO recommends Council adopt the two ordinances amending Chapters 2.52 and
2.56 of the Chula Vista Municipal Code.
FISCAL IMP ACT: The Campaign Contribution Ordinance requires an appropriation of$1 00,000
from the General Fund with each budget cycle to fund the investigation and prosecution, where
appropriate, of alleged violations of the ordinance.
J:\Attorney\ElluII\Carnpaign Contribution\A 1132 17 114.doc
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ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING CHAPTER 2.52 OF
TITLE 2 OF THE CHULA VIST A MUNICIPAL CODE
REGARDING CAMPAIGN FINANCE REFORM
WHEREAS, there have been many changes in the law of campaign finance since
the City ofChula Vista's campaign contribution ordinance was adopted; and
WHEREAS, the current ordinance requires clarification of certain provisions that
are ambiguous and difficult to implement; and
WHEREAS, the City Council of the City ofChula Vista has expressed a desire to
amend the muiricipal code regulating election campaign finance and control; and
WHEREAS, at the October 23, 2001 City Council meeting staffwas directed to
return to Council with recommendations for establishing a campaign finance reform
committee; and
WHEREAS, on November 20, 2001 the City Council accepted a report from staff
and formed a subcommittee to review the campaign contribution ordinance; and
WHEREAS, the Council directed the committee to review the campaign
contribution ordinance in its entirety and redraft it to ensure consistency with state and
federal law; and
WHEREAS, the Council appointed to the campaign contribution ordinance
committee Councilmember Patty Davis, former Council member John Moot, one member
of the Ethics Commission and two members of the Charter Review Commission
("Committee"); and
WHEREAS, the Ethics Commission appointed Ricardo Gilbert and the Charter
Review Commission appointed Cheryl Cox and Armida Martin del Campo; and
WHEREAS, the Council accepted a report and draft ordinance from the
Committee on February 3, 2004; and
WHEREAS, 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
CEQAGuidelines; 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.
C:\WJNDOWS\TcmponlfY Internet FiIe5\OLKC0D5\Campaign Contribution Ordinance 2 17 04.doc ~
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NOW, THEREFORE, the City Council of the City ofChula Vista does hereby
ordain:
SECTION I:
That Chapter 2.52 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.52.010. Purpose and Intent.
In enacting this chapter, the City Council finds and declares that moderate monetary
contributions to political campaigns are a legitimate form of participation in the American
political process. It is the policy of this City to protect the integrity of the electoral process;
and the best interests of the citizens of this City are served by regulating campaign finance.
Inherent in the high cost of election campaigning is the problem of improper influence,
real or potential, exercised by campaign contributors over elected officials. It is the
purpose and intent of the City Council in enacting this chapter:
A. To preserve an orderly political forum in which individuals may express
themselves effectively;
B. To place realistic and enforceable limits on the amounts of money that may be
contributed to political campaigns in City elections;
C. To prohibit contributions by organizations and permit individual contributions only;
D. To provide full and fair enforcement of all the provisions of this chapter; and
E. To encourage candidate adherence to election regulations by making them easier to
understand.
2.52.020 Interpretation of this Ordinance.
The terms and phrases in this chapter shall be defined as those terms and phrases are
defined in the Political Reform Act of 1974, as amended, (Government Code, section
81000 et seq.) unless otherwise specified in this chapter.
2.52.030 Definitions.
A. "Agent" means a person who acts on behalf or at behest of any other person or
accepts a contribution on behalf of a candidate. If an individual acting as an Agent is also
acting as an employee or member of a law, architecturaI, engineering or consulting firm, or
a similar entity or corporation, both the entity or corporation and the individual are
UAgents".
C:\WINDOWS\Temporary Internet Files\OlKCODS\Campaign Contribution Ordinance 2 17 04.doc I tJ W 2
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B. "At the behest" means made under the control or at the direction ot: in cooperation,
consultation, coordination, or concert with, at the request or suggestion of, or with the
express prior consent of.
C. "Candidate" means any individual seeking any city elective office, the candidate's
campaign committee, committee(s) controlled by the candidate, agents of the candidate.
D. "City Campaign Statement" means the statement which, to the extent practicable,
shall be similar to or consolidated with that required by state law.
E. "City Elective Office" means the offices held by members of the City Council and
Mayor.
F. "Contributions" are defined in a manner identical with the definition found in
Government Code Section 82015 and any related provisions in the California Code of
Regulations
G. "Enforcement Authority" means that Special Counsel appointed by the City Council
pursuant to Section 2.52.160.
H. ''General Election" is that election identified by Charter Section 900 which IS
combined with the State primary election.
1. " Independent Expenditure Committee" is as defined in Government Code Sections
82013 and 82031 which supports or opposes in whole or in part a candidate for city
elective office if contributions are made to said committee with the intent that they, or a
comparable amount of funds otherwise owned by, or under the control ot: the committee be
used to support or oppose a particular candidate for a city elective office. This type of
committee is not controlled by the Candidate.
J. "Intermediary" means a person who delivers to a candidate or committee or
committee treasurer a contribution from another person unless such contribution is from the
person's employer, immediate family or an association to which the person belongs.
Neither candidate or treasurer is considered an intermediary.
K. "Organization" means a proprietorship, labor union, firm, partnership, joint venture,
syndicate, business, trust, company, cotporation, association, or committee, including a
political action committee.
L. "Person" means a natural individual.
M. "Single Election Contest" means either a general or special election.
N. "Special Election" defined in Charter Section 901, as all other Municipal elections
that may be held by authority of the Charter or of any law.
C:\WJNDOWS\Tef11)Orary Internet Files\OLKCOD5\Carnpaign Contribution Ordinance 2 17 04.doc /tSl ? 3
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2.52.040. Campaign Contributions.
A. No person, other than a candidate, shall make a contribution in excess of five
hundred dollars ($500) to a candidate for a single election contest. No candidate shall
solicit or accept a contribution in excess of $500 from a contributor for a single election
contest. A candidate may receive up to $500 from a contributor in each of the general and
special elections.
B. The terms of this chapter are applicable to any contributions made to a candidate or
committee hereunder, whether used by such candidate or committee to finance a current
campaign or to pay debts incurred in prior campaigns..
C. No person shall make a contribution to any candidate for city elective offices and no
such candidate shall accept from any person, such a contribution sooner than eleven
months preceding a single election contest.
D. A contribution for an election may be accepted by a candidate for elective City
office after the date of the election only to the extent that the contribution does not exceed
net debts outstanding from the election, and the contribution does not otherwise exceed
the applicable contribution limit for that election.
E. A candidate for City elective office may not solicit or accept contributions for a
special election prior to the holding of the general election for that office. A candidate for
City elective office may carry over contributions raised in connection with one election
for elective City office to pay campaign expenditures incurred in connection with a
subsequent election for the same elective City office.
2.52.050 Surplus Campaign Funds
A. Upon leaving any elected office, or at the end of the post-election reporting period
following the defeat of a candidate for elective office, whichever occurs last, campaign
funds under the control of a candidate shall be considered surplus campaign funds.
B. Surplus campaign funds shall be used only for the following purposes:
1. To repay contributions
2. To make a donation to any bona fide charitable, educational, civic,
religious, or nonprofit organization, where no substantial part of the
proceeds will have a material financial effect on the candidate, any
member of his or her immediate family, or his or her campaign treasurer.
3. To pay for professional services reasonably required by the candidate or
committee to assist in the performance of its administrative functions,
including payment for attorney's fees for litigation that arises directly out
of a candidate's activities or his or her status as a candidate, including, but
C:\WINOOWS\Temporary Internet Pjles\OLKCODS\Campaign Contribution Ordinance 217 04.doc ~ 4
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not limited to, an action to enjoin defamation, defense of an action brought
of a violation of state or local campaign, disclosure, or election laws, and
an action from an election contest or recount.
2.52.060. Organizational Contributions.
A. No organization shall make a contribution to any candidate or candidate campaign
committee. This chapter shall not apply to contributions made to a committee which is
organized solely for the purpose of supporting or opposing the qualification for the ballot
or adoption of one or more City measures.
B. No officer, employee, agent or attorney or other representative of a person
covered by this chapter shall aid, abet, advise or participate in a violation of this chapter.
All contributions made by a person whose contribution activity is financed, maintained or
controlled by an organization or any other person shall be deemed to be made by that
organization or other person. If the contribution is deemed made by an organization, it is
prohibited.
c. No candidate shall knowingly accept a payment or contribution made in violation
of this chapter.
2.52.70. Contribution in Violation ohhIs Ordinance
A. If a contribution is tendered and would be in violation of this chapter it shall be
returned within three business days of discovery.
B. If a contribution which is in violation of this chapter is received by a candidate,
the candidate shall report in writing within three business days of discovery of the receipt
of the contribution to the City Clerk the facts surrounding such contribution and shall
return such contribution to the contributor within 24 hours of discovery.
c. A contribution shall not be considered to be received if it has not been
negotiated, deposited, or utilized, and is returned to the donor within three
business days of discovery of receipt.
2.52,080 Written Solicitations by Candidates.
Any candidate making a written solicitation for a contribution for his or her campaign for
city elective office shall include the following written notice in no less than six point type
on each such solicitation:
NOTICE
Ordinance No. _ of the City of ChuIa Vista limits contributions to can{Jaigns for city elective office,
either to candidate controlled comminees or to regulated independent CJl;penditure committees, to five
hundred dollus per contributor.
C:\WINDOWS\Temporary Internet Files\OLKCOD5\Campaign Contribution Ordinance 217 04.doc 7(} -1 5
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2.52.090 Loans.
A. A loan or extension of credit shall be considered a contribution from the maker of
the loan or extender of credit and shall be subject to the contribution limitations of this
chapter.
B. The provisions of this chapter apply to personal loans or extensions of credit, but
do not apply to loans made to a candidate by a commercial lending institution in the
lender's regular course of business on terms available to members of the general public
for which the candidate is personally liable.
C. A candidate for elective City office may not personally loan to his or her
campaign an amount in excess of$IO,ooO.
Originally Presented
D. Each opponent of a candidate who has made a loan to his or her campaign
pursuant to this section shall be permitted to solicit and receive, and contributors to such
opponent may make, contributions in excess of the limits-contained in Section 2.52.040
of the Municipal Code until such opponent has raised contributions in amounts above
such limits equal to the amount personally loaned by the candidate to his or her own
campaign or controlled committee.
Option 1
D. Each opponent of a candidate who has made a loan to his or her campaign
pursuant to this section shall be permitted to solicit and receive, and contributors to such
opponent may make, contributions in excess of the limits contained in Section 2.52.040
of the Municipal Code. The limitation contained in Section 2.52.040 shaH be suspended
so that the opponent may receive contributions in excess of the limitation up to the
amount loaned by the candidate. Those contributions received within or in excess of the
limitation shall count toward equaling the amount loaned.
Option 2
D. Each opponent of a candidate who has made a loan to his or her campaign
pursuant to this section shall be permitted to solicit and receive, and contributors to such
opponent may make, contributions in excess of the limits-contained in Section 2.52.040
of the Municipal Code. The limitation contained in Section 2.52.040 shall be suspended
so that the opponent may receive contributions in excess of the limitation up to the
amount loaned by the candidate. Only those contributions received in excess of the
limitation shall count toward equaling the amount loaned.
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E. Each opponent of a candidate or other person who has given notice pursuant to
2.52.100 shall not be bound by the loan limitation within this section to the extent the
amount of personal funds expended or contributed exceeds $10,000.
2.52.100 Notice Regarding Personal Funds.
A. No candidate or other person shall expend or contribute more than $5,000 in
personal funds in connection with an election campaign unless and until the following
conditions are met:
I. Written notice of the candidate's or other person's intent to so expend or
contribute in excess of$5,000 shall be provided to the city cieri<: and all opponent
candidates. The notice shall be delivered personally or sent by registered mail to
the last known address of the opponent candidates as shown in the records of the
City Clerk and shall specifY the amount intended to be expended or contributed;
and
2. All personal funds to be expended or contributed by the candidate shall first be
deposited in the candidate's campaign contribution checking account. The
required notice shall be given no later than twenty-one days prior to the election.
If the expenditure or contribution occurs during the twenty-one days preceding
the election, the required notice shall be provided within twenty-four hours.
Originally Presented
B. Each opponent of any candidate who has complied with the above conditions shall be
permitted to solicit and receive, and contributors to each such opponent may make,
contributions in excess of the limits established in subdivision (a) of Section 2.52.040
of the Municipal Code until such opponent has raised contributions in amounts above
such limits equal to the amount of personal funds deposited by the candidate in his or
her campaign contribution checking account.
Option I
B. Each opponent of any candidate who has complied with the above conditions shall be
permitted to solicit and receive. and contributors to each such opponent may make,
contributions in excess of the limits established in subdivision (a) of Section 2.52.040
of the Municipal Code. The limitation contained in Section 2.52.040 shall be
suspended so that the opponent may receive contributions in excess of the limitation up
to the amount of personal funds deposited by the candidate in his or her campaign
contribution checking account. Those contributions received within or in excess of the
limitation shall count toward equaling the amount of personal funds deposited by the
candidate in his or her campaign contribution checking accOWlt.
Option 2
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B. Each opponent of any candidate who has complied with the above conditions shall be
permitted to solicit and receive, and contributors to each such opponent may make,
contributions in excess of the limits established in subdivision (a) of Section 2.52.040
of the Municipal Code. The limitation contained in Section 2.52.040 shall be
suspended so that the opponent may receive contriblitions in excess of the limitation up
to the amount of personal funds deposited by the candidate in his or her campaign
contribution checking account. Only those contributions received in excess of the
limitation shall count toward equaling the amount of personal funds deposited by the
candidate in his or her campaign contribution checking account.
2.52.110 Family Contributions.
A---Contributions by a husband and wife shall be treated as separate contributions and
shall not be aggregated where the checks are drawn separately and signed by the spouse
making the contribution. Contributions by a husband and wife shall be treated as separate
even if combined into one check but presented with two signatures.
B. CentFilnilieRs II)' eililllTeR Wloer tile age of eiglftoe.. shall lie lFeatea as eBfltrillalioRs
II)' tileir parentG IlJIO attrillllleli proportioRately 10 eaeh parent (eRe ileIfte eaeilpareRt OT tile
tatal amount te a siRgle 8Hsladial plll'ORt).
2.52.120 Prohibition of Contribution in the Name of Another Individual
It is unlawful for anv individual. or combination of individuals acting iointlv. to make
directlv or indirectlv a contribution in the name of another individual or combination of
individuals.
2.52.130 Contributions for Legal Defense
A. Notwithstanding anything contained herein to the contrary, a payment to or for
the benefit of a councilmember and mayor or candidate made and used for the express
purpose of offsetting costs already incurred by that councilmember and mayor or candidate
in the defense of a criminal or administrative prosecutorial action against said
councilmember and mayor, and not made or used for the purpose of aiding in the election
of said councilmember and mayor or candidate, and not made within (before or after) 100
days of an election in which the councilmember and mayor or candidate is competing for a
seat or office, shall not be deemed to be a contribution for the purposes of this chapter.
2.52.140 Campaign Contribution Checking Account.
The campaign account required by Government Code section 85201(a) shall be
established at a financial institution located in San Diego County.
2.52.150 Campaign Statements.
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Each candidate and conunittee shall file campaign statements in the time and manner
required by the Political Reform Act of 1974 as amended (Government Code Sections
84100 et seq.). Compliance with the requirements of that act shall be deemed to be
compliance with this chapter.
2.52.160 Duties of City Clerk.
In addition to other duties required of the City Clerk under the terms of this chapter and
City Charter, the Clerk shall:
A. Supply appropriate forms and manuals prescribed by the California Fair Political
Practices Commission. These forms and manuals shall be furnished to all candidates and
committees, and to all other persons required to report.
B. Determine whether required documents have been filed and, if so, whether they
conform on their face with the requirements of state law.
C. Notify promptly all person and known committees who have failed to file a
document in the form and at the time required by slate law.
D. Report apparent violations of this chapter and applicable state law to the
Enforcement Authority.
E. Compile and maintain a current list of all statements or parts of statements filed
with the Clerk's office pertaining to each candidate and each measure.
F. Cooperate with the Enforcement Authority in the performance ofthe duties of the
Enforcement Authority as prescribed in this chapter and applicable state laws.
2.52.170 Enforcement.
A. The City Attorney shall not investigate or prosecute alleged violations of this
chapter, but shall defend the constitutionality and legality ofthis chapter in any civil
proceeding in which the City or the City Council is a party.
B. Special Counsel shall investigate or prosecute alleged violations of this chapter.
C. City Attorney shall solicit proposals from attorneys in accordance with Section 503
of the City Charter and Section 2.56 of the Municipal Code to act as Special Counsel 180
days Drior to a City election. As Dart of the annual budlret DroCesS. City Council shall
aDDroDriate no less than $100.000 to fund the retention ofSDecial Counsel. Said funds
shall be seDarate from the City Attorney's budget and used solely for the investigation
and Drosecution of alleged violations of this chaDter.
D. City Attornev shall aDDOint sA panel of no less than three attorneys to acting as
Special Counsel. Said attorneys shall be -lIIMl compensated by the City and shall serve as
the Enforcement Authority for this Ordinance. SJleeial COllBSel shalllJe reeofftRl.eIIIlell
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by the City ~A1L-KefRey aM ftftI3fe~:ed ":lith. eeR6iEleRRg e8HIlsel availahility BY the City
COllHeil. Should the appointment of additional Special Counsel become necessary or
appropriate, the City Attorney shall reeefftlRefl8 aR8 City Celllleil shall appoint, such
additional Special Counsel as may be required. A single member of the Special Counsel
panel will be assigned to each case. Assignments will be made on a rotating basis.
E. Complaints of violation of this chapter shall be submitted in writing, under
penalty of peJjury, by a resident of the City to the City Clerk. Said complaint shall state
the full allegation of facts that would constitute a violation of the code. The complaint
must be filed within 90 days of discovery of the alleged violation, but no later than 180
days from the date of the election.
F. City Clerk shall forward the complaint to the randomly assigned Special Counsel
from the panel of attorneys appointed by the City AttornevCellReil within 5 working days
of receipt for a probable cause determination. If no probable cause is determined to exist
the complaint shall be dismissed summarily and interested parties shall be notified in
writing.
G. If probable cause is determined to exist, Special Counsel shall take further
investigatory and procedural steps necessary to resolve the matter.
H. Violations of this chapter may be pursued either through a civil or criminal action
at the discretion of the Special Counsel. Special Counsel may also commence and
prosecute any necessary administrative proceedings or civil litigation to compel
compliance with the chapter. No enforcement or prosecution or action of Special Counsel
shall be subject to the review or control of the City Attorney or City Council.
I. Special Counsel may investigate and may institute legal action to prevent further
violations. The Special Counsel may decline to investigate if the allegation is also a
violation of state law and is subject of a complaint filed with the Fair Political Practices
Commission.
J. Special Counsel shall be immune to liability for enforcement of chapter.
2.52.180 Penalties
A. Any person who willfully violates any provision of this Chapter is guilty of a
misdemeanor. Any person who willfully causes or solicits any other person to violate any
provisions of this Chapter, or who aids and abets any other person in the violation of this
Chapter shall be guilty of a misdemeanor.
B. Any person who intentionally or negligently violates any provision of this Chapter
shall be liable in a civil action brought by Special Counsel for an amount not more than
three times the amount the person failed to report properly or unlawfully contributed,
expended, gave or received, or $5000 per violation which ever is greater.
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In detennining the amount of liability, the court may take into account the seriousness
of the violation and the degree of culpability of the defendant. If a judgment is entered the
funds recovered shall be deposited into the City's General Fund
2.52.190 Severability.
If any provision of this chapter, or the application of any such provision to any person
or circumstances, shall be held invalid, the remainder of this chapter to the extent it can be
given effect, or the application of those provisions to persons or circumstances other than
those as to which it is held invalid, shall not be affected thereby, and to this end the
provisions of this chapter are severable.
SECTION II: This Ordinance shall take effect and be in full force on the thirtieth day
from and after its adoption.
Submitted by
~
/laP
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ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING SECTION 2.56.110(F)
DELEGATING TO THE CITY ATTORNEY
ADDITIONAL AUTHORITY IN ENTERING INTO
AGREEMENTS FOR THE RETENTION OF SPECIAL
COUNSEL TO ENFORCE SECTION 2.52 OF THE
CHULA VISTA MUNICIPAL CODE
The City Council of the City ofChula Vista does hereby ordain:
SECTION I:
That Section 2.56.1 IO(F) of the Chula Vista Municipal Code is
hereby amended to read as follows:
F. Legal Services
In accordance with Section 503 ofthe City Charter, the City Attorney oversees
contracts for legal and related professional service. Whenever practical, and in
consultation with the Purchasing Agent, requests for outside attorney or
professional services shall be based on a competitive solicitation of proposals.
Otherwise, justification shan be provided based on unique qualifications or
performance characteristics of the attorney or consultant recommended. Excent
for contracts lor the retention of sIJeciaJ counsel pursuant to Section 2.5~,
~'Contracts for legal and related professional services in excess of $50,000 -shall
be approved by the City Councit_CQDln_\ft>_-IQrJI1,...!,t,,[!.tiQ!LoJ~p-'~ci1!L"~L!.!lQ91
1'.'~rsuant to Section .L~lin...e-,cess oL$1QOJ~)() shall be anDroved by the Ci!y
Council.
SECTION [1: This Ordinance shan take effect and be in fun force on the thirtieth
day from and after its adoption.
Submitted by
~+-1~
nn oore
. Attorney
J:Anomcy/Ehull/Campaign Contribulion/Purchasing Ordinance
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