HomeMy WebLinkAbout2007/09/25 Agenda Packet
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted this
document on the bulletin board according to , , I
Brown Act re.qUirements. ftJIil~ 1 i?-
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6J-2-J-D7 Signed ~
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C1lY OF
CHULA VISTA
Cheryl Cox, Mayor
Rudy Ramirez, Councilmember David R. Garcia, City Manager
John McCann, Councilmember Ann Moore, City Attorney
Jerry R. Rindone, Council member Susan Bigelow, City Clerk
Steve Castaneda, Councilmember
September 25,2007
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
Eric Sutton, Growth Management Oversight Commission
Vandy Cam, Flavia Casas, Valeria Cuevas, Samuel Culver, Cassie Evans, Kate
Googins, Erika Gracia, Matt Hoffman, Chelsea Rodriguez, Yazmin De Saracho,
Marina De Saracho, John Tessitore and Elizabeth V argas, Youth Action Council
CONSENT CALENDAR
(Items I through 8)
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. WRlTTEN COMMUNICATIONS
A. Memorandum from Deputy Mayor Rindone, requesting excused absences from
the City Council Meetings of September 11 and 18,2007.
Staff recommendation: Council excuse the absences.
2. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE TRANSFER OF CITY-OWNED PARCELS AND EASEMENTS
AND THE RELINQUISHMENT OF ACCESS RIGHTS TO THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE FINAL
ALIGNMENT OF STATE ROUTE 125 AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE
THE TRANSFERS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING THE TRANSFER OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) OWNED PARCELS TO THE CITY FOR THE
FINAL ALIGNMENT OF STATE ROUTE 125 AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO
COMPLETE THE TRANSFERS
The construction of State Route 125 is nearing completion. Because of the design-build
nature, minor alterations in alignment and/or design of the toll road have been made.
These alterations require that some adjustments in the right-of-way configuration be
made prior to opening. It is necessary for the City of Chula Vista to grant to the
Department of Transportation (Caltrans) portions of certain City-owned parcels in fee,
several easements, and will need to relinquish access rights to Caltrans in several areas.
Conversely, Caltrans will need to grant to the City two parcels of excess land that ended
up outside of the final right-of-way. (Engineering and General Services Director)
Staff recommendation: Council adopt the resolutions.
3. REPORT REGARDING THE ANNUAL RATE ADJUSTMENT OF SOLID WASTE
SERVICE RATES PER THE TERMS AND CONDITIONS OF THE AMENDED AND
RESTATED RECYCLING AND SOLID WASTE FRANCHISE AGREEMENT
City Council previously approved the continuation of the solid waste General Service
Rates adjustment formula, and requested staff return with a report when the evaluation of
the rate adjustment was complete for Fiscal Year 2007/2008. Rate adjustments are
effective July 1 for Large Quantity Generators (commercial and industrial service
customers) and September 1 for Small Quantity Generators (cart service customers),
annually. (Engineering and General Services Director/Public Warks Operations
Director)
Staff recommendation: Council accept the report.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN
CONJUNCTION WITH OBTAINING LOANS THROUGH THE CALIFORNIA
ENERGY COMMISSION AND THE SDG&E ON-BILL FINANCING PROGRAM,
NOT TO EXCEED A TOTAL OF TWO MILLION DOLLARS (4/5THS VOTE
REQUIRED)
Adoption of the resolution authorizes staff to enter into a combination of agreements for
loans with the California Energy Commission and "On Bill Financing" with SDG&E.
The agreements would bridge the financial gap between energy conservation project
capital costs and the available rebates for energy conservation equipment. (Conservation
and Environmental Services Director)
Staffrecommendation: Council adopt the resolution.
Page 2 - Council Agenda
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September 25, 2007
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $412,000 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY
FOR THE DUI ENFORCEMENT AND AWARENESS PROGRAM, ADDING ONE
PEACE OFFICER TO THE AUTHORIZED STAFFING LEVEL OF THE POLICE
DEPARTMENT AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE
REQUIRED)
The Police Department has received additional funding from the Office of Traffic Safety
to enhance its existing DUI program, which focuses on traffic enforcement strategies to
reduce persons killed and injured in alcohol-involved collisions. This funding will create
a dedicated Officer position in the Traffic Unit to oversee the DUI Enforcement and
Awareness Program. (Police Chief)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $42,660 FROM THE GOVERNOR'S OFFICE OF EMERGENCY
SERVICES AND APPROPRIATING FUNDS THEREFOR, WAIVING THE
CONSULTANT SELECTION PROCESS AND APPROVING THE CONTRACTUAL
AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE
SERVICES FOR DOMESTIC VIOLENCE CASES (4/5THS VOTE REQUIRED)
The Police Department and South Bay Community Services have been working in
partnership for the past ten years providing domestic violence services to the community.
Adoption of the resolution will accept a grant amendment from the Governor's Office of
Emergency Services to extend the Domestic Violence Response Team funding from June
30,20067 to December 31, 2007 and approve a contractual agreement with South Bay
Community Services to provide domestic violence case services. (police Chief)
Staffrecommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A REQUEST FROM THE BONITA BUSINESS AND PROFESSIONAL
ASSOCIATION TO CONDUCT THE BONITAFEST AND BONITAFEST PARADE
ON SATURDAY SEPTEMBER 29, 2007 AND WAIVING ASSOCIATED FEES FOR
POLICE SERVICES
The Bonita Business and Professional Association will be conducting their annual
Bonitafest event on September 29,2007 and is seeking to waive fees for Police services.
(police Chief)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT
REHABILITATION PROGRAM FISCAL YEAR 2006/2007 DIG-OUTS & CHIP
SEAL (STL-340A)" PROJECT TO BOND BLACKTOP, INC. IN THE AMOUNT OF
$3,202,378.60 AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE
FUNDS IN THE PROJECT
Page 3 - Council Agenda
hlm:/ /'Www.chulavistaca.gov
Septemher 25, 2007
On September 12, 2007, the General Services Director received sealed bids for the
"Pavement Rehabilitation Program Fiscal Year 2006/2007 Dig-Outs and Chip Seal (STL-
340A)" project. The work consists of the application of removal and replacement of
damaged asphalt concrete pavement "dig-outs" and as an alternative bid item, chip seal
pavement coatings, on various pavement locations in the City of Chula Vista. Project
work also includes striping, traffic control, and other miscellaneous work, all labor,
material, equipment, and transportation necessary for the project. (Engineering and
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 on any subject
matter within the Council's jurisdiction that is not listed as an item on the agenda. State
law generally prohibits the Council from taking action on any issue not included on the
agenda, but, if appropriate, the Council may schedule the topic for future discussion or
refer the matter to staff. Comments are limited to three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law. 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.
9. CONSIDERATION OF AMENDMENT TO THE FISCAL YEAR 2007/2008 ANNUAL
ACTION PLAN TO REALLOCATE $35,000 OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS
The 2007/2008 Annual Action Plan for the Community Development Block Grant, Home
Investment Partnership Program and the Emergency Shelter Grant Programs must be
amended in order to reallocate $35,000 of unencumbered funds. This process requires a
30-day review period as well as a public hearing. (Acting Community Development
Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2007/2008 ANNUAL ACTION PLAN TO
REALLOCATE $35,000 OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS TO THE SAN DIEGO REGIONAL REVOLVING LOAN
FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
NECESSARY DOCUMENTS; AND ESTABLISHING THE SAN DIEGO
REVOLVING LOAN PROJECT AND AUTHORIZING INTERPROJECT
TRANSFERS AS NECESSARY (4/5THS VOTE REQUIRED)
Page 4 - Council Agenda
http://www.chulavistaca.gov
September 25,2007
ACTION ITEMS
The Item listed in this section of the agenda will be considered individually by the
Council, and is expected to elicit discussion and deliberation. If you wish to speak on
any item, please fill out a "Request to Speak" form (available in the lobby) and submit it
to the City Clerk prior to the meeting.
10. CONSIDERATION OF CAMPAIGN CONTRIBUTION ORDINANCE REPORT
On August 14, 2007, the City Council directed the City Attorney to return to Council
with a report outlining the ambiguities with the existing Campaign Contribution
Ordinance and recommend changes to clarify the existing ordinance. (City Attorney)
Staff recommendation: Council hear the report and provide direction.
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
12. MAYOR'S REPORTS
A. Recommendation from the Legislative Subcommittee regarding appointment
process for members of the Board of Ethics.
B. Ratification ofthe appointment of Neisha Glen to the Cultural Arts Commission.
C. Ratification ofthe appointment of Bianca Brodbeck to the Youth Action Council.
13. 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).
14. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Attorney
ADJOURNMENT to the Regular Meeting of October 2, 2007 at 4:00 p.m. in the Council
Chambers.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
Page 5 - Council Agenda
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September 25, 2007
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CllY Of
(HUlA VISTA
September 10, 2007
TO: The Honorable Mayor and City Council
FROM: Deputy Mayor Rindone
SUBJECT: Absence from the City
I will be traveling out of the country from September 8th through September 23rd,
Therefore, I respectfully request to be excused from the Council meetings of September
11 th and 18th .
Thank you for your consideration.
I
CITY COUNCIL
AGENDA STATEMENT
9/25/07, Item _7_
ITEM TITLE:
RESOLUTION APPROVING THE TRANSFER OF
CITY -OWNED PARCELS AND EASEMENTS AND THE
RELINQUISHMENT OF ACCESS RIGHTS TO THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE
FINAL ALIGNMENT OF STATE ROUTE 125 AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
ALL DOCUMENTS NECESSARY TO COMPLETE THE
TRANSFERS
REVIEWED BY:
RESOLUTION ACCEPTING THE TRANSFER OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) OWNED PARCELS TO THE CITY FOR THE
FINAL ALIGNMENT OF STATE ROUTE 125 AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ALL DOCUMENTS NECESSARY TO COMPLETE
THE TRANSFERS
DIRECTOR OF ENGINEERING AND GENERAL SERVICES C\~
~'7rs=gWv MANAGER ~ "
4/5THS VOTE: YES 0 NO ~
SUBMITTED BY:
BACKGROUND
The construction ofSR-125 is nearing completion. Because of the design-build nature ofSR125,
minor alterations in the aligmnent and/or design of the toll road have been made. These
alterations require that some adjustments in the right-of-way configuration be made prior to
opening. It is necessary for the City of Chula Vista to grant to the Department of Transportation
(Caltrans) portions of certain City-owned parcels in fee as well as several easements.
Additionally, the City will need to relinquish access rights to Caltrans in several areas.
Conversely, Caltrans will need to grant to the City of Chula Vista two parcels of excess land that
ended up outside of the final right-of-way of SR-125.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that there is no possibility
that the activity may have a significant effect on the environment; therefore, pursuant to Section
l506l(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
2-1
9/25/07, Item~
Page 2 of 3
environmental review is necessary. Although environmental review is not necessary at this time,
if development is proposed for the parcels being acquired by the City, environmental review will
be required and a CEQA determination completed prior to commencing any development
activities on the subject property."
RECOMMENDATION
Council adopt the Resolutions authorizing the transfer of City-owned parcels, grants of
easements, and relinquishment of access rights to Caltrans and the acceptance of parcels from
Caltrans to complete the final right-of-way for SR-125.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On April 16, 2002, the City of Chula Vista entered into the "City of Chula Vista Toll Road
Agreement with San Diego Expressway Limited Partnership and Agreement Affecting Real
Property" to facilitate development of the SR-125 toll road through the city ofChula Vista. This
agreement set forth the terms and conditions for the City's transfer to Caltrans of title to City-
owned property that had been set aside for the toll road. Most of this land was acquired by the
City through dedication by developers of land within the city. Pursuant to this Agreement, the
City has previously transferred title to the City-owned parcels to Caltrans.
Construction of the toll road is nearing completion, and South Bay Expressway (SBX), the
franchise operator, has advised the City that it is scheduled to open soon. In order to complete
the project and open the road to public traffic, the right-of-way must be finalized to comply with
the as-built condition of the road and Caltrans right-of-way requirements. SBX and Caltrans have
identified certain minor adjustments that are needed prior to the opening of the toll road.
Transferring of Citv-owned parcels to Caltrans
As stated above, part of the clean up action to facilitate the ultimate right-of-way of SR-125
involves the deeding of several parcels owned by the City of Chula Vista in fee to Caltrans.
These parcels were previously reserved for transportation purposes or are fragments of open
space lots along the freeway corridor. There are four small parcels and two larger parcels being
deeded to Caltrans. The two larger parcels include the area of the East "H" Street undercrossing
and comprise 4.58 acres total. The combined area for all six of these parcels is 4.69 acres.
There are also several easements that need to be granted as part of this action. These easements
are for retaining wall purposes or temporary construction. The temporary construction easements
are needed to facilitate the construction ofSR-125 and expires on December 31, 2008. The total
area for these easements is 0.17 acre.
There are also several areas wherein the access rights along the right-of-way must be
relinquished. The relinquishment of access rights means that the City gives up its right of access
over the areas defined on the exhibit. See Attachment "A" for details of these parcels.
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9/25/07, Item 2-
Page 3 of 3
Caltrans Parcels to the Citv of Chula Vista
There are two parcels that will be deeded to the City of Chula Vista in fee. These two parcels are
excess land that fall outside of the SR-l25 right-of-way and are no longer needed for the purpose
intended. Parcel 32019-03-01 falls entirely within Birch Road and the other parcel runs along
the northbound easterly right-of-way within Parcel 3 of Parcel Map 18481. The combined area of
these two parcels is 0.96 acre. See Attachment "A" for details of these parcels.
FUTURE ACTION
Due to the "design-build" nature of this project, there is still on-going work on the sound walls,
the installation of temporary-power generators and the Eastlake Parkway over-crossing area that
affects the right-of-way. Once the installation of improvements is completed and the mapping is
revised accordingly, staff will return to Council on these items. Staff anticipates returning to
Council within a few months.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property that is the subject of this action.
fiSCAL IMPACT
There is no impact to the General Fund as a result of this action. All costs associated with the
maintenance of those parcels being transferred to Caltrans will be borne by Caltrans. Those
parcels that are coming to the City already fall within current Community Facilities Districts and
will continue to be maintained by those districts.
ATTACHMENTS
1. Attachment "A"
Prepared by: Rick Ryals, Real Property Manager, Engineering and General Services Department
J:IEngineerIAGENDA\CAS2007109-25-07lSRI25 Excess Land .doc
2-3
ATTACHMENT
A
Citv of Chula Vista Parcels, Easements, and Relinquishment of Access Ri!!:hts
to Caltrans - See Exhibit sheets 1 and 2 of 3.
33171
This parcel is located along the southbound side of the toll road at Otay Lakes Road. This
parcel is currently within the State of California right-of-way and will have a
relinquishment of the access rights for the City of Chula Vista to the benefit of the State
of California, as shown on Caltrans drawing number 52024m.
33172-1
This parcel is located along the southbound side of the toll road lying +/- 950 feet
southerly of East "H" Street. This parcel is owned in fee by the City of Chula Vista,
together with existing access rights. Since this parcel is needed within the State of
California right-of-way, it will be granted to the State of California in fee and have a
relinquishment of access rights from the City of Chula Vista to the benefit of the State of
California, as shown on Caltrans drawing number 52027m-A. This parcel is
approximately 0.04 acres in size.
33172-2
This parcel is located along the southbound side of the toll road along East "H" Street.
This parcel is within the State of California right-of-way and an easement will be granted
to Caltrans for a retaining wall as shown on Caltrans drawing number 52028m. This
parcel is approximately 0.10 acres in size.
33173-1
This parcel is located along the northbound side of the toll road at East "H" Street. This
parcel is owned in fee by the City of Chula Vista, together with existing access rights.
Since this parcel is needed within the State of California right-of-way, it will be granted
to the State of California in fee and have a relinquishment of access rights from the City
of Chula Vista to the benefit of the State of California, as shown on Caltrans drawing
number 52028m-B. This parcel is approximately 0.05 acres in size.
33173-2
This parcel is located along the northbound side of the toll road at East "H" Street. This
parcel is owned by the City of Chula Vista, and in order to facilitate construction of the
State of California right-of-way, a temporary construction easement for the benefit of the
State of California is needed. The easement shall expire on December 31, 2007 and is
shown on Caltrans drawing number 52028m-B. This parcel is approximately 0.03 acres
m sIze.
33173-3
This parcel is located along the northbound side of the toll road at East "H" Street. This
parcel is owned by the City of Chula Vista, and in order to facilitate construction of the
State of California right-of-way, a temporary construction easement for the benefit of the
State of California is needed. The easement shall expire on December 31, 2007 and is
shown on Caltrans drawing number 52028m-B. This parcel is approximately 0.02 acres
mSlze.
2-4
33248
This parcel is located along the southbound side of the toll road lying +/- 1000 feet
southerly of East "H" Street. This parcel is owned in fee by the City of Chula Vista,
together with existing access rights. Since this parcel is needed within the State of
California right-of-way, it will be granted to the State of California in fee and have a
relinquishment of access rights from the City of Chula Vista to the benefit of the State of
California, as shown on Caltrans drawing number 52027m-A. This parcel is
approximately 0.01 acres in size.
33249
This parcel is located on the East "H" Street undercrossing of the toll road. This parcel is
owned in fee by the City of Chula Vista. Since this parcel is needed within the State of
California right-of-way, it will be granted to the State of California in fee from the City
of Chula Vista to the benefit of the State of California, as shown on Caltrans drawing
number 52028m-B. This parcel is approximately 2.47 acres in size.
33250-1
This parcel is located along the northbound side of the toll road at East "H" Street. This
parcel is owned in fee by the City of Chula Vista, together with existing access rights.
Since this parcel is needed within the State of California right-of-way, it will be granted
to the State of California in fee and have a relinquishment of access rights from the City
of Chula Vista to the benefit of the State of California, as shown on Caltrans drawing
number 52028m-B. This parcel is approximately 0.01 acres in size.
33250-2
This parcel is located along the northbound side of the toll road at East "H" Street. This
parcel is owned by the City of Chula Vista, and in order to facilitate construction of the
State of California right-of-way, a temporary construction easement for the benefit of the
State of California is needed. The easement shall expire on December 31,2007 and is
shown on Caltrans drawing number 52028m-B. This parcel is approximately 0.01 acres
in size.
33251-1
This parcel is located along the northbound side of the toll road at East "H" Street. This
parcel is owned by the City of Chula Vista, together with existing access rights. The City
of Chula Vista will relinquish the access rights along this parcel to the benefit of the State
of California, as shown on Caltrans drawing number 52027m.
33251-2
This parcel is located along the northbound side of the toll road at East "H" Street. This
parcel is owned by the City of Chula Vista, and in order to facilitate construction of the
State of California right-of-way, a temporary construction easement for the benefit of the
State of California is needed. The easement shall expire on December 31, 2007 and is
shown on Caltrans drawing number 52027m. This parcel is approximately 0.01 acres in
Size.
2-5
33255
This parcel is located on the East "H" Street overpass of the toll road. This parcel is
owned in fee by the City of Chula Vista. Since this parcel is needed within the State of
California right-of-way, it will be granted to the State of California in fee from the City
of Chula Vista to the benefit of the State of California, as shown on Caltrans drawing
number 52028m. This parcel is approximately 2.11 acres in size.
Caltrans Parcels to the City of Chula Vista - See Exhibit sheet 3 of 3
32019-03-01
This parcel is located along the northbound side of the toll road at Birch Road. This
parcel will be granted in fee simple to the City of Chula Vista as shown on Caltrans
drawing number 52016m and is 0.71 acres in size.
32019-03-02
This parcel is located along the northbound side of the toll road lying +/- 650 feet
southerly of Bob Pletcher Way. This parcel will be granted in fee simple to the City of
Chula Vista as shown on Caltrans drawing number 52015m and is 0.25 acres in size.
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RESOLUTION NO.
RESOLUTION APPROVING THE TRANSFER OF CITY-
OWNED PARCELS AND EASEMENTS AND THE
RELINQUISHMENT OF ACCESS RIGHTS TO THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) FOR THE FINAL ALIGNMENT OF STATE
ROUTE 125 AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO
COMPLETE THE TRANSFERS
WHEREAS, in 2002, the City of Chula Vista (City) entered into the City of Chula Vista
Toll Road Agreement with San Diego Expressway Limited Partnership and Agreement Affecting
Real Property to facilitate development of the SR 125 toll road through the City; and
WHEREAS, construction of the SR 125 is almost complete and the right-of-way must be
finallzed; and
WHEREAS, it is necessary for the City to grant portions of certain City-owned parcels to
the California Depatiment of TranspOliation (CAL TRANS) in fee as well as several easements
in order to finalize the right-of-way.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
as follows:
~
1. That it approves the transfer of Parcel 33171, as described in the Grant Deed, which is
attached to this Resolution as Exhibit 1, to the California Department of Transportation.
2. That it approves the transfer of Parcels 33172-1 and 33172-2, as described in the Grant
Deed, which is attached to this Resolution as Exhibit 2, to the California Depatiment of
Transportation.
3. That it approves the transfer of Parcels 33173-1 and 33173-2,3, as described in the Grant
Deed, which is attached to this Resolution as Exhibit 3, to the California Department of
Transportation.
4. That it approves the transfer of Parcel 33248, as described in the Grant Deed, which is
attached to this Resolution as Exhibit 4, to the California Department of Transportation.
5. That it approves the transfer of Parcel 33249, as described in the Grant Deed, which is
attached to this Resolution as Exhibit 5, to the California Depatiment of Transportation.
6. That it approves the transfer of Parcels 33250-1 and 33250-2, as described in the Grant
Deed, which is attached to this Resolution as Exhibit 6, to the California Depatiment of
Transportation.
2-10
7. That it approves the transfer of Parcels 33251-1 and 33251-2, as described in the Grant
Deed, which is attached to this Resolution as Exhibit 7, to the California Department of
Transportation.
8. That it approves the transfer of Parcel 33255, as described in the Grant Deed, which is
attached to this Resolution as Exhibit 8, to the California Department of Transportation.
BE IT FURTHER RESOLVED by the City Council of the City ofChula Vista that it
authorizes the Mayor and City Clerk to execute these Grant Deeds and all other documents
necessary to complete these transfers.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
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Ann Moore
City Attorney
Attachments: Exhibits 1-8
H:\ENGINEER\RESOS\Res052007\09~25-07\SRI25 Grant tJ'om City to CAL TRANS.doc
2-11
&h~bl+ 1
STATE OF CALIFORNIA HIGHWAY USAGE
STATE SUSINESS FREE GOVT CODE 6103
DEPARTMENT OF TRANSPORTATION
DISTRICT 11
When recorded mall to:
Slate 01 Calltornia
Dept. at Transportation
Artn: Office of Right of Way
4050 Taylor Street, M.S. 31D
San Diego, Ca 92110
Space above this Una for Recorder's Use
APN: 595-070-38 E.A.232302
GRANT DEED
(CORPORATION)
District Countv I Route i Post Number
11 SO I 12:-r KP 10.3 RIW 33171
, j
THE CITY OF CHULA VISTA. being the owner(s) of the rea) property in the County of San Disgo, STATE OF
CALIFORNiA, described as:
PARCEL 33171
Lot "A" of Chula Vista Tract No. 93-03, Telegraph Canyon Estates, Neighborhood 2, Unit No.1, in
the City of Chula Vista, County of San Diego, State of California, according to map thereof no.
13069, filed in the Office of the County Recorder of said County on Novernber 22, 1993, for open
space, transportation and other public uses, excepting therefrom that portion granted to the State of
California in document no, 2003-0604634, recorded May 22, 2003 in the Office of said County
Recorder
Do hereby release and relinquish to the STATE OF CALIFORNIA, any and all abutter's rights of
access, appurtenant to the above-described property more particularly described as follows:
Beginning at the intersection of the Northerly line of Otay Lakes Road, as said road is shown on
said Map No. 13069 with the Westerly line of right of way parcel 32034 granted to the State of
California in Document No. 2003-0604634, recorded May 22, 2003 in the Office of said County
Recorder; thence along said Northerly line of Otay Lakes Road 40.376 meters to the Point of
Terminus.
Coordinates, bearings and distances, as stated hereon, are based on the California Coordinate
System of 1983, HPGN Epoch 1991.35, Zone VI as shown on Record of Survey No. 15374. Multiply
distances by 0.999999 to obtain ground level distances.
FOll.l-l IlW 6-1.(A) (lu:vrSED 4/96)
1<lnCO-J3'l71ravised. DOC 0,/25/05 SE
2-12
~
Number
RiW 33171
~
This legal description has been prepared by me or under my direction in conformance with the Land
Surveyor's Act.
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B. SCOTT KINS
LS 7696
EXPIRATION DATE 12/31/06
c..' IZ-c>G.
DATE
FOR"'! RW 6~1 (1',) (REVrSlID 4/95)
l-'19:.!OD-nl71reviaeQ.COC OS/26/06 511:
2-13
-
Number
A/W 33171
The grantor further undersfands that the present intention of the grantee is to construct and maintain a public highway on the
lands hereby conveyed in fee and the grantor, for the grantor and the grantor's successors and assigns, hereby waives any claims for
any and alf damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location,
construction, randscaping, or maintenance af said highway.
(As used above, the term "grantor" shall Include the plural as weil as the singular number.)
Dated this
day of
,20_
STATE OF CALIFORNIA
} 88
PERSONAL ACKNOWLEDGM ENT
County of ______._
On this lhe .__ day of .___._____.20_. before me,
Name, Title at Officer, e.g.. ~Jane Doe, Notary Public"
Personally appeared
Name(sl ot Slgner(s)
o personally known to me
o proved to me on the basis of satIsfactory evidence
to be the person(s) whose name(s)_ is/are subscribed 10 the within instrumer1t and acknqwledged to me that _ helshelthey executed the same in_
hiSlherll:neir authorized capacity{les), and that by hiS/her/their sfgnature(s) on the instrument the person(s), or Iheentlty upon behalf 01 wl1rch
the person(s) acted. executed this instrument.
~
WITNESS my hand and official seal.
(Notary PUblic's Signature in and tor said County and State)
(for notary sea! or stamp)
THIS IS TO CERTIFY, That the State of California, acling by and through the Department of Transportation (pursuant to
Government Code Section 2na1), hereby accepts for public purposes the real property described in the within deed and
consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand
this
day a!
,20_
Director of Transportation
By
Attorney in Fact
FORM R'W 6-1 (Al (REVISE;) -4/961
HnGD-:>31nr"evised.DOC 05/16/06 SE
2-14
E')<lllbi+ 2.
STATE OF CALIFORNIA HIGHWAY USAGE
STATE BUSINESS FREE GOVT COOE 6103
OEPARTMENT OF TRANSPORT A TlON
DISTRICT 11
When recorded mail to:
State of California
Dept. of Transportation
Attn: Office of Right 01 Way
4050 Taylor Street, M.S. 310
San Diego, Ca 92110
Space above this line for Recorder's Use
APN: 595.030-24 EA 232302 ClO 52027m.A, 52026m
GRANT DEED
(MUNICIPAL CORPORATION)
District Coun~~-- Aoute Post Number t
11 SO 125 i KP 11.8 R/W 33172.1,2
THE CITY OF CHULA VISTA. a municiaal corooration oroanized and existino under and bv virtue of the laws of the
State of California does hereby GRANT to the STATE OF CALIFORNIA all that real property in the County of San Oieoo,
State of California, described as:
PARCEL 33172-1
A portion of Parcel 4 of Parcel Map No. 16537, in the City of Chula Vista, County of San Diego, State
of California, filed in the Office of the County Recorder of San Diego County, July 8, 1991 lying
Northeasterly of the following described line:
Beginning at a nail and disc stamped "L.S. 4838", said disc marking the Southeasterly corner of
Parcel 3 of Parcel Map No. 16537, recorded July 8th, 1991 in the Office of said County Recorder;
thence North 39048'59" West 53.093 meters to a nail and disc stamped "L.S. 4838", said disc
marking an angle point in the Northeasterly boundary of Map No. 11652, recorded November 12,
1986 in the Office of said County Recorder; thence continuing along said Northeasterly boundary
North 50045'11" West 56.284 meters; thence North 57018'50" West 41.910 meters; thence leaving
said Northeasterly boundary North 30031 '32" East 2.132 meters to the Point of Terminus, said point
bearing North 55057'54" West 50.305 meters from the Southeasterly terminus of that certain course
in deed to the State of California recorded May 22, 2003 in Document No. 2003-0604655 described
as North 55'57'54" West 60.840 meters.
Containing 157 square meters more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases and
relinquished to the grantee any and all abutter's rights including rights of access, appurtenant to
grantor's remaining property in and to said freeway.
POa."I RN 6.~ 1."'1 (?E:vrSED 4./96)
149:aGO-33112.DOC QIl"O.QiO;i S~;
2-15
Number
RNl33172'1,2
PARCEL 33173-2 RETAINING WALL EASEMENT
To the State of California, its successors or assigns, a portion of Parcel 4 of Parcel Map No. 16537,
in the City of Chula Vista, County of San Diego, State of California, filed in the Office of the County
Recorder of San Diego County, July 8, 1991 lying Northwesterly of the following described line:
Commencing at a 2" iron pipe with disc stamped "L.S. 5669" marking the most Southerly corner of
Lot "A" of Map No. 11467, recorded February 28,1986 in the Office of said County Recorder, said
pipe bearing South 56049'25" East 31.102 meters from a 2" iron pipe with disc stamped "L.S. 4838"
per Map No, 11403, recorded December 26,1985, marking the comer common to Lots "C", 30 and
31 per said Map No. 11403; thence South 48032'15" East 36.935 meters; thence North 31004'49"
East 23.845 meters to the beginning of a 590.094 meter radius curve concave Southeasterly; thence
Northeasterly along said curve through a central angle of 02020'48" a distance of 24.170 meters;
thence non-tangent to said curve South 54030'39" East 9.207 meters; thence North 47014'11" East
3.080 meters to the True Point of Beginning, said paint being the beginning of a non-tangent
191.000 meter radius curve concave Southeasterly a radial bearing to said beginning bears North
52024'02" West; thence Southwesterly along said curve through a central angle of 05049'20" a
distance of 19.409 meters to the beginning of a 67.044 meter radius reverse curve concave
Northwesterly; thence Southwesterly along said curve through a central angle of 10053'48" a
distance of 12.751 meters; thence non-tangent to said curve South 42034'11" West 1 0.117 meters;
thence South 45024'16" West 13.506 meters; thence North 58055'02" West 2.714 meters to the
Point of Terminus.
Containing 395 square meters more or less.
Except therefrom that portion lying within East "H" Street as shown on said Parcel Map No. 16537.
This conveyance is made for the purpose of a freeway and the grantor hereby releases and
relinquishes to the grantee any and all abutter's rights including rights of access, appurtenant to
grantor's remaining property in and to said freeway. Together with the right of access, in and to the
grantor's remaining property adjacent to the Southeasterly right of way line of East "H" Street more
particularly described as follows:
Beginning at the above-mentioned Point of Terminus, said point being on a 18.410 meter radius
curve concave Northwesterly, a radial bearing to said point bears South 55057'48" East; thence
Southwesterly along said curve through a central angle of 08027'50" a distance of 13.643 meters ta
the beginning of a 18.410 meter radius reverse curve concave Southeasterly; thence Southwesterly
along said curve through a central angle of 10010'10" a distance of 16.392 meters ta the Point of
Terminus.
l'URM .'<w 6.t(Al (REVISED 4)95)
1492GC-1J:72 DOC Oa!lQ!~5 S~
2-16
Number
RN/33172-1,2
This legal description has been prepared by me or under my direction in conformance with the Land
Surveyor's Act.
~~LAND~
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B. SCOTT EDKINS
LS 7696
EXPIRATION DATE 12/31/06
'0-3""- G:lc;,.
DATE
FORM RW 6-1(A) (REVISED ~/H)
1492GD-JJl72.DOC 09/10/0&.sF:
2-17
Number
AiW 33172-1,2
The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the
lands hereby conveyed in fee and the grantor, for the grantor and the grantor's successors and assigns, hereby waives any claims for
any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the lceation,
construction, landscaping, or maintenance of said highway.
(As used above, the temn "grantor' shail include the plural as well as the singular number.)
Dated this
day of
,20_
STATE OF CALIFORNIA
} 58
PERSONAL ACKNOWLEDGMENT
County of
On this the _ day of
,20_, before me,
Name, Title of Officer, ag., "Jane Doe. Notary Public.
Personally appeared
Name(s) of Signer(s}
o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(st_ isfara subscribed to the within instrument and acknowledged to me that _ helshe/they executed the same in_
his/her/their authorized capacity(les), and that by _. hfsJherltheir signature(s) on the instrument the person(s), or the entity upon behalf 01 which
the person(s) acted. executed thIs instrument.
WITNESS my hand and official seal.
l' I
---___________J
(for nota!y seal or stamp)
(Notary Public's Signature In and for said County and State)
THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to
Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and
consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand
this
day at
,20_
Director of Transportation
By
Attorney in Fact
,,-ORM RWS-l (A) 1l<E',rrSED 4/96)
IH2Gll-1Jl72 DOC Oil/lO/06 SF.
2-18
E~h\DI+3
STATE OF CALIFORNIA HIGHWAY USAGE
STATE BUSINESS FREE GOVT CODE 6103
DEPARTMENT OF TRANSPORTATiON
DISTRICT 11
When recorded mail to:
State of California
Dept. of Transportation
Atln; OffIce of Right of Way
4050 Taylor Stree~ M.S. 310
San Diego. Ca 92110
Space above this line for Recorder's Use
APN: 595-400-59 EA 232302 CLO 52028m-B
GRANT DEED
(MUNICIPAL CORPORATION)
District Countv Route Post Number
11 SO 125 KP 12.1 I RJW 33173-1,2,3
,
THE CITY OF CHULII, VISTA. a municioal corooration oraanlzed and existinq under and bv virtue of the laws of the State
of California does hereby GRANT to the STATE OF CALIFORNIA all that real property In the County of San Dleao, State
of California, described as:
PARCEL 33173-1
A portion of Lot "A", of Chula Vista Tract No. 89-9, Salt Creek I, Unit No.3, in the City of Chula Vista,
County of San Diego, State of California, according to map thereof No. 12829, and a portion of Lot
"0", of Chula Vista Tract no. 89-9, Salt Creek I, Unit No. I, in the City of Chula Vista, County of San
Diego, State of California, according to ma~ thereof No. 12827, both filed in the Office of the County
Recorder of San Diego County on June 18 h, 1991, lying Southeasterly of the following described
line:
Commencing at a brass disc in a standard street survey monument stamped "L.S. 5669", said brass
disc marking the centerline of East "H" Street, as said street is dedicated on said Map No. 12827 and
being the beginning of a 609.601 meter radius curve concave Southeasterly, having a central angle
of 30034'38" and being 325.328 meters along said centerline curve Northeasterly from a 3" brass disc
stamped "L.S. 16583" per said Map No. 12827, a radial bearing to said beginning bears North
15029'51" West; thence Southwesterly along said curve through a central angle of 12044'45", a
distance of 135.610 meters; thence non-tangent to said curve North 27051 '30" West 23.275 meters
to a point on the Northwesterly right of way line of said East "W street, said point being on a 720.887
meter radius curve concave Southeasterly, a radial bearing to said point bears North 27051'30" West;
thence Northeasterly along said right of way and said curve through a central angle of 00020'38" a
distance of 4.327 meters to a lead and disc stamped "L.S. 5669" per Certificate of Correction for said
Map No. 12827 recorded June 4,1996 as document no. 1996-0279685, said lead and disc marking
the Easterly corner of said Lot "A"; thence continuing along said curve through a central angle of
01055'32" a distance of 24.226 meters to the True Point of Beginning; thence leaving said right of
F'QP!<l Ri'l t-l ,;'.j tR!CV1Stt 4/9;:.)
14928D-33173,C~C 09!17!~~ ~z
2-19
Number
RlW 33173-1, 2, 3
way and said curve South 72'34'42" West 3.344 meters to a point herein referred to as Point "A";
thence continuing South 72'34'42" West 11.288 meters to the beginning of a non-tangent 634,776
meter radius curve concave Southeasterly, a radial bearing to said beginning bears North 26'48'52"
West; thence along said curve Southwesterly through a central angle of 03'55'52" a distance of
43.553 meters to a 195.552 meter radius reverse curve concave Northwesterly; thence along said
curve Southwesterly through a central angle of 05'17'31" a distance of 18.061 meters; thence non-
tangent to said curve South 63'20'04" West 14.917 meters; thence South 64'53'44" West 51.739
meters to a point in the Easterly line of land described as Parcel 32043 conveyed to the State of
California recorded May 22, 2003 as document no. 2003-0604648, said point being the Point of
Terminus and bearing South 83059'23" West 10,954 meters from the Northeasterly terminus of that
certain course described in said State land as South 83'59'23" West 32.674 meters.
Containing 189 square meters more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases and
relinquishes to the grantee any and all abutler's rights including rights of access, appurtenant to
grantor's remaining property in and to said freeway.
PARCEL 33173-2, 3 TEMPORARY CONSTRUCTION EASEMENT
A portion of Lot "A", of Chula Vista Tract No. 89-9, Salt Creek I, Unit No.3, in the City of Chula Vista,
County of San Diego, State of California, according to map thereof No. 12829, filed in the Office of
the County Recorder of San Diego County on June 18th, 1991, lying Southeasterly of the following
described line:
Beginning at the above-mentioned Point "A", thence along a radial bearing North 25048'23" West
3.344 meters to a 636.376 meter radius curve concave Southeasterly; thence Southwesterly along
said curve through a central angle of 04 '56'21" a distance of 54.859 meters to the beginning of a
193.952 meter radius reverse curve concave Northwesterly, thence Southwesterly along said curve
through a central angle of 05'17'31" a distance of 17,913 meters; thence South 64'32'47" West
12.407 meters; thence South 27'10'08" West 3,155 meters; thence South 73'30'17" West 12.301
meters; thence South 64'32'47" West 44.120 meters to a point in the Easterly line of land described
as Parcel 32043 conveyed to the State of California recorded May 22, 2003 as document no. 2003-
0604648, said point being the Point of Terminus and bearing South 83'59'23" West 15,761
meters from the Northeasterly terminus of that certain course described in said State land as South
83'59'23" West 32.674 meters.
Containing 187 square meters more or less.
Excepting therefrom that portion lying within Parcel 33173-1 described above,
It is understood that said temporary construction easement described above shall terminate either on
completion of said construction on State Highway Route 125 lying adjacent to said parcel or on
December 31,2008, whichever date occurs first. It is also understood that upon said termination
date the State shall have no further obligation or liability in connection with said Parcel.
F(,-Re1 EH 6~'i 'A) U<.f.V::ssr: ~/96;
) 19;:.,D-13'1 'f.;, DC'C D"n.~/C, 31:";
2-20
Number
RNV 33173-1,2,3
This legal description has been prepared by me or under my direction in conformance with the Land
Surveyor's Act.
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15, -L ~4
B. SCOTT EDKINS
LS 7696
EXPIRATION DATE 12/31108
7j!7/o7
DATE
~~iG;~3j~;j~~~E~~j~;!~~9;~
2-21
Number
RIW 33173-1,2,3
The grantor further understands that the present intention of the grantee is to construct and maintain a public highway antMa
lands hereby conveyed in fee and the grantor, for the grantor and the grantor's successors and assigns, hereby waives any claims for
any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location,
construction, landscaping, or maintenance of said highway>
(As used above, the term "grantor" shall include the plural as well as the singular numbeL)
Dated this
day of
,20_
STATE OF CALIFORNIA
} 55
PERSONAL ACKNOWLEDGMENT
County of
On this the _' day of
.20_, before me,
Name, Title of Officer, e.g., "Jane Doe, Notary Pubiic~
Personally appeared
Name(s) of Signer(s)
o personally known to me
o proved to me en the basis of satisfactory evidence
to be the person(s) whose name(s)_ is/are subscribed to the within instrument and acknowledged to me that _ he/shelthey executed the
same in _ his/her/thelr authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s}, or the entlt'j upon
behalf of which the person(s) acted, executed this instrument.
WITNESS my hand and official seal.
(Notary Public's Signature in and for said County and State)
(for notary seal or stamp)
THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to
Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and
consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand
this
day of
,20
Director of Transportation
By
Attorney In Fact
F()P.H RN &-t P,i (R~\!:sn] 4f9'5j
l'142GCJ.~3J113.t'0C 0)il-!/Q~ s;;;
2-22
E~h;b\+4
STATE OF CALIFORNIA HIGHWAY USAGE
STATE BUSINESS FREE GOVT CODE 6103
DEPARTMENT OF TRANSPORTATION
DISTRICT 11
When recorded mail to:
State of California
Dept. of Transportation
Attn: OfIIce of RighI of Way
4050 Taylor Stree~ M.S. 310
San Diego, C. 92110
Space above this line for Recorders Use
APN: 595-030-24 E.A. 232302 CLO 52027m-A
GRANT DEED
(MUNICIPAL CORPORATION)
District Coufih-;- I Route Post Number
11 SD 125 KP 11.8 R/W 33248
THE CITY OF CHULA VISTA. a municiDal corporation oreanized and existino under and bv virtue of the laws of the
State of California does hereby GRANT to the STATE OF CALIFORNIA all that real propertY in the County of San Dieoo,
State of California, described as:
PARCEL 33248
A portion of Parcel 3 of Parcel Map No. 16537, in the City of Chula Vista, County of San Diego, State
of California, filed in the Office of the County Recorder of San Diego County, July 8, 1991 lying
Northeasterly of the following described line:
Beginning at a nail and disc stamped "L.S. 4838", said disc marking the Southeasterly comer of
Parcel 3 of Parcel Map No. 16537, recorded July 8th, 1991 in the Office of said County Recorder;
thence North 39048'59" West 53.093 meters to a nail and disc stamped "L.S. 4838", said disc
marking an angle point in the Northeasterly boundary of Map No. 11652, recorded November 12,
1986 in the Office of said County Recorder; thence continuing along said Northeasterly boundary
North 50045'11" West 56.284 meters; thence North 57"18'50" West 41.910 meters; thence leaving
said Northeasterly boundary North 30031 '32" East 2.132 meters to the Point of Terminus, said point
bearing North 55057'54" West 50.305 meters from the Southeasterly terminus of that certain course
in deed to the State of California recorded May 22, 2003 in Document No. 2003-0604655 described
as North 55057'54" West 60.840 meters.
Containing 61 square meters more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases and
relinquished to the grantee any and all abutter's rights including rights of access, appurtenant to
grantor's remaining property in and to said freeway.
FORl"l P.W 5-l(A) (REVISED 4/S6"1
14!12G:l-B24S,DOC oa/10/05 se:
2-23
~
Number
~
ANI 33248
This legal description has been prepared by me or under my direction in conformance with the Land
Surveyor's Act.
~~l"N~S
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B. SCOTT EDKINS
LS 7696
EXPIRATION DATE 12/31/06
'8-3"".6>.
DATE
?ORM RW 5-1(A) (R-~SED 4/95)
1492GD-3J248.POC oa/la/D6 SE
2-24
~
Number
RiW 33248
~
ThE! grantor further understands thaI the present inlention of the grantee is 10 construct and maintain a pubiic highway on the
iands hereby conveyed in fee and thE! grantor, for the grantor and the grantor's successors and assigns, hereby waives any claims for
any and all damages to grantor's remaining property contiguous to Ihe property hereby conveyed by reason of the location,
construction, landscaping, or maintenance of said highway.
(As used above, the term "grantor" shall inciude Ihe plural as well as the singular number.)
Dated Ihis
day of
.20_
STATE OF CAUFORNIA
} SS
PERSONAL ACKNOWLEDGMENT
C<lunty of
On this the
day of
,20_. before me,
Name. Title of Officar, e.g., 'Jane Doe, Nolaly Public"
Personally appeared
Name{s) of 5Igner(s)
o personally known to me
o proved to me on the basis at satisfactory evidence
to be the person{s) whose name(sl-lsIare subscribed to the within Instrument and acknowledged to me that _ helshelthey exacu1ed the same in_
hls/herlthelr authorized capacfty(les), and that by hlslher!thelt signatUre(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted. exectrted this instrument.
WITNESS my hand and offiCial seaL
(Notary Public's Signature in and tor said County and State)
(for notary seal or stamp)
THIS IS TO CERTIFY, That the Slate of California, acting by and Ihrough the Department of Transportation (pursuant to
Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and
consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand
this
day of
.20_
Director of Transportation
By
Attorney in Fact
FORM RW f!j.l(AI iREVISaD 4/S6)
119~GO-)3~4a.DOC 08/~O!06 SE
2-25
t::)<:.h: bi+S
STATE OF CALIFORNIA HIGHWAY USAGE
~TATE BUSINESS FREE GOVT CODE 5103
=PAATMENT OF TRANSPORTATION
<lISTRICT 11
When recorded mall to:
State 01 California
Dept. of Transportation
Attn: OffICe ot RIght of Way
4050 Taylor Slree~ M.S. 310
San Diego, Ca 92110
Space above this line for Recorder's Use
APN: 595-030-19 E.A. 232302 CLO 52028m.B
GRANT DEED
(MUNICIPAL CORPORATION)
District County Route Post , Number
11 SO 125 KP 12.1 I RIW 33249
THE CITY OF CHULA VISTA. a municiDal corooration orcanized and existinc under and bv virtue of the laws of the
State of California does hereby GRANT tc the STATE OF CALIFORNIA all that real property in the County of San Dieco,
State of California, described as:
r'ARCEL 33249
Lot "I", of Chula Vista Tract No. 89-9, Salt Creek I, Unit No. I, in the City of Chula Vista, County of
San Diego, State of California, according to map thereof No. 12827, filed in the Office of the County
Recorder of San Diego County on June 18th, 1991.
Containing 9980 square meters more or less.
This legal description has been prepared by me or under my direction in conformance with the Land
Surveyor's Act.
~Y;:'LAND s
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,/,+"/'::<:.oH to~. ',<--
Ir~ '? /,1 .,I-
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(*( NO. L7596 J*J)
\ Exp. ___ ,
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,----......
r?~
B. SCOTT EDKINS
LS 7696
EXPIRATION DATE 12/31/06
b/~ft."
DATE
FORM RW 6-1{A) (RS/!SEO 4/S6)
14S2GD-D249.00C 06/01/06 SE
2-26
~
Number
ANI 33249
,
The grantor further understands that the present intention of the grantee is to construct and maintain a public highway 011 the
'ands hereby conveyed in fee and the grantor, for the grantor and the grantor's successors and assigns, hereby waives any claims for
,ny and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location,
construction, landscaping, or maintenance of said highway.
(As used above, the term "grantor" shall include the plural as well as the singular number.)
Dated this
dayo!
,20_
STATE OF CALIFORNIA
} 88
PERSONAL ACKNOWLEDGMENT
County of
On this the
day of
,20
I before me,
Name, Trtle of Officer, e.g,. ~Jane Doe, Notary Public"
Personally appeared
Name(s) of Signer(s)
o personally known to me
o proved to me on the basis of satis1actory evidence
be the person{s} whose name(s)_ is/are subscribed to the within instrument and acJ.tnowledged to me that_ Me/she/they executed the same In_
..s1herlthek authorized capacity(ies}, and that by hislherltheir signature(s) an the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed this jnstrument.
WITNESS my hand and official seal.
(Notcuy Public's Signature in and tor said County and State)
(for notary seal or stamp)
THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant t6
Government Code Section 27261), hereby accepts for public purposes the real property described in the within deed and
consents to the recordation thereof.
IN WITNESS WHEREOF, t have hereunto set my hand
this
day of
,20_
Director of Transportation
By
Attorney in Fact
FORM RW 5-1 (A) iREV!SED 4/95)
l492GD-JJ249.DCC 06/01/06 BE
2-27
b hlb'i+L.
STATE OF CALIFORNIA HIGHWAY USAGE
STATE BUSINESS FREE GOVT CODE 6103
DEPARTMENT OF TRANSPORTATION
DISTRICT 11
When recorded m.ail to:
State of California
Department of Transportation
4050 Taylor Street M.S. 310
San Die 0, CA 92110
Space above this lIne for Recorder's Use
APN: 595-400-60 EA 232302 CLO 52028m-B
GRANT DEED
(MUNICIPAL CORPORATION)
District , Countv Route __ Post Number
..- -
11 SO 125 KP 12.1 RIW 33250-1,2
THE CITY OF CHULA VISTA. a municiDal corporation oroanized and existine under and bv virtue of the laws of the State
of California does hereby GRANT to the STATE OF CALIFORNIA all that real property in the County of San Dieoo. State
of California, described as:
PARCEL 33250-1
A portion of Lot "C", of Chula Vista Tract no. 89-9, Salt Creek I, Unit No. I, in the City of Chula Vista,
County of San Diego, State of California, according to map thereof No. 12827, filed in the Office of
the County Recorder of San Diego County on June 18th, 1991, lying Southeasterly of the following
described line:
Commencing at a brass disc in a standard street survey monument stamped "L.S. 5669", said brass
disc marking the centerline of East "H" Street, as said street is dedicated on said Map No. 12827 and
being the beginning of a 609.601 meter radius curve concave Southeasterly, having a central angle
of 30034'38" and being 325.328 meters along said centerline curve Northeasterly from a 3" brass disc
stamped "LS. 16583" per said Map No. 12827, a radial bearing to said beginning bears North
15029'51" West; thence Southwesterly along said curve through a central angle of 12044'45", a
distance of 135.610 meters; thence non-tangent to said curve North 27051'30" West 23.275 meters
to a point on the Northwesterly right of way line of said East "H" street, said point being on a 720.887
meter radius curve concave Southeasterly, a radial bearing to said point bears North 27"51 '30" West;
thence Northeasterly along said right of way and said curve through a central angle of 00020'38" a
distance of 4.327 meters to a lead and disc stamped "LS. 5669" per Certificate of Correction for said
Map No. 12827 recorded June 4, 1996 as document no. 1996-0279685, said lead and disc marking
the Easterly corner of said Lot "A"; thence continuing along said curve through a central angle of
01055'32" a distance of 24.226 meters to the True Point of Beginning; thence leaving said right of
way and said curve South 72034'42" West 1.814 meters to a point herein referred to as Point "AU;
thence continuing South 72034'42" West 11.288 meters to the beginning of a non-tangent 634.776
FO"M t<.W ~'-1 {Ai (F!':'n::;;::n 4n6~
,1~nG:ti-3J:::5f;_r,{y:: 09!1~!07 SE
2-28
Number
RJW 33250-1, 2
meter radius curve concave Southeasterly, a radial bearing to said beginning bears North 26"48'52"
West; thence along said curve Southwesterly through a central angle of 03"55'52" a distance of
43.553 meters to a 195.552 meter radius reverse curve concave Northwesterly; thence along said
curve Southwesterly through a central angle of 05"17'31" a distance of 18.061 meters; thence non-
tangent to said curve South 63"20'04" West 14.917 meters; thence South 64"53'44" West 51.739
meters to a point in the Easterly line of land described as Parcel 32043 conveyed to the State of
California recorded May 22, 2003 as document no. 2003-0604648, said point being the Point of
Terminus and bearing South 83"59'23" West 10.954 meters from the Northeasterly terminus of that
certain course described in said State land as South 83059'23" West 32.674 meters.
Containing 35 square meters more or less.
This conveyance is made for the purpose of a freeway and the grantor hereby releases and
relinquishes to the grantee any and all abutter's rights including rights of access, appurtenant to
grantor's remaining property in and to said freeway. Together with the right of access, in and to the
grantor's remaining property adjacent to the Northeasterly right of way line of East "H" Street more
particularly described as follows:
Beginning at the True Point of Beginning of the above-described parcel; thence continuing along
said right of way and said curve through a central angle of 04019'38" a distance of 54.443 meters to
the Point of Terminus.
PARCEL 33250-2 TEMPORARY CONSTRUCTION EASEMENT
A portion of Lot "C", of Chula Vista Tract No. 89-9, Salt Creek I, Unit No. I, in the City of Chula Vista,
County of San Diego, State of California, according to map thereof No. 12827, filed in the Office of
the County Recorder of San Diego County on June 18th, 1991, lying Southeasterly of the following
described line:
Beginning at the above-mentioned Point "A", thence along a radial bearing North 25"48'23" West
3.344 meters to a 636.376 meter radius curve concave Southeasterly; thence Southwesterly along
said curve through a central angle of 04"56'21" a distance of 54.859 meters to the beginning of a
193.952 meter radius reverse curve concave Northwesterly, thence Southwesterly along said curve
through a central angle of 05'17'31" a distance of 17.913 meters; thence South 64032'47" West
12.407 meters; thence South 27010'08" West 3.155 meters; thence South 73030'17" West 12.301
meters; thence South 64"32'47" West 44.120 meters to a point in the Easterly line of land described
as Parcel 32043 conveyed to the State of California recorded May 22, 2003 as document no. 2003-
0604648, said point being the Point of Terminus and bearing South 83"59'23" West 15.761
meters frorn the Northeasterly terminus of that certain course described in said State land as South
83'59'23" West 32.674 meters.
Containing 46 square meters more or less,
Excepting therefrom that portion lying within Parcel 33173-1 described above.
F':iR"! P'(;; 6-1 (Ji..l iRF.\l:Jl!'.1) ~/%)
1B2Gfi-:)J:::'5Q.;)()C :19/1.'107 :52
2-29
Number
RIW 33250-1, 2
It is understood that said temporary construction easement described above shall terminate either on
completion of said construction on State Highway Route 125 lying adjacent to said parcel or on
December 31, 2008, whichever date occurs first. It is also understood that upon said termination
date the State shall have no further obligation or liability in connection with said Parcel.
This legal description has been prepared by me or under my direction in conformance with the Land
Surveyor's Act.
/:f$~S;~I~;~
/:,.p/,a,' CA' '~A
!r}~Y"""';~~ '~\
Ii: NO l7596 'I
, \ * , EAp. _____ . *, i
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'",^II'" '''---'''_,,(','<'- /
~;~,.,
Pk~~
B. SCOTT EDKINS
LS 7696
EXPIRATION DATE 12/31/08
",.;1 7/tP7
DATE
E'DF1>\ RW f:-i. jA) iRSVISED <1/961
14~2GD-J32~v.GCC 00/17!01 gS
2-30
Number
RiW 33250-1,2
The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the
lands hereby conveyed in fee and the grantor, for the grantor and the grantor's successors and assigns, hereby waives any claims for
any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location,
construction, landscaping, or maintenance of said highway.
(As used above, the term "grantor" shall Include the plural as well as the singular number,)
Dated this
day of
,20_
STATE OF CALIFORNIA
County of
} 55
PERSONAL ACKNOWLEDGMENT
On this the _ day of
,20_, before me,
Name, Title of Officer, e.g" ~Jane C){)e, Notary Public"
Personally appeared
Name(s} of 5igner(s)
o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person{s) whose name(s)_ is/are subscribed to the within instrument and acknowledged to me that _ heJshelthey executed the
same in _ hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person{s), or the entity upon
behalf of which the person(s) acted, executed this instrument
WITNESS my hand and official seal.
(Notary Public's Signature in and for said County and State)
(for notary seal or stamp)
THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to
Government Code Section 27281). hereby accepts for public purposes the real property described in the within deed and
consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand
this
day of
,20_
Director of Transportation
By
Attorney in Fact
Fi)?M 811 ci-1 i.;'~ n,;::VBi'::) <! fSl'-"
14?C:GD-J3J;,O.lY-.JC 09/17/(;" N.
2-31
~~b~+- 7-
STATE OF CALIFORNIA HIGHWAY USAGE
STATE BUSINESS FREE GOVT CODE 6103
DEPARTMENT OF TRANSPORTATION
DISTRICT 11
When recorded mail to:
State of California
Dept. of Transportation
Attn: Office of Right of Way
40511 Taylor Street, M.S. 310
San Diego, Ca 92110
Space above this line for Recorder's Use
APN: 595-410-14 EA 232302 CLO 52027m
GRANT DEED
(MUNICIPAL CORPORATION)
District County , Route Post I Number -...,
, I I
11 SO 125 KP 12.1 I RlW 33251-1,2
, !
THE CITY OF CHULA VISTA a municipal conooration omanized and existine under and bv virtue of the laws of the State
of California being the owner(s) of the real property in the County of San Diego, STATE OF CALIFORNIA, described as:
PARCEL 33251-1
Lot "N of Chula Vista Tract No. 89-9, Salt Creek I, Unit No.4, in the City of Chula Vista, County of
San Diego, State of California, according to Map thereof No. 12917, recorded February 4,1992 in
the Office of the County Recorder of said County.
Do hereby release and relinquish to the STATE OF CALIFORNIA, any and all abutter's rights of
access, appurtenant to the above-described property more particularly described as follows:
Beginning at the intersection of the Southerly line of East "H" Street, as shown on Map No. 12827,
recorded June 18th, 1991, in the Office of said County Recorder, with the Easterly line of right of way
parcel 32039 granted to the State of California in Document No. 2003-0609736, recorded May 23,
2003 in the Office of said County Recorder; thence along said Southerly line of East "H" street
108.655 meters to the Point of Terminus.
PARCEL 33251-2 TEMPORARY CONSTRUCTION EASEMENT
Lot "N of Chula Vista Tract No. 89-9, Salt Creek I, Unit No.4, in the City of Chula Vista, County of
San Diego, State of California, according to Map thereof No. 12917, recorded February 4,1992 in
the Office of the County Recorder of said County:
FORM r:.vi (1-: {Al (Fi:"J'L~SD 4nl~~
14e2GD-132::'1.~":X: (",':l'!i('~ :;E
2-32
Number
RIW 33251-1,2
Do hereby grant to the STATE OF CALIFORNIA, a portion of the above-described property more
particularly described as follows:
Commencing at the Northwesterly terminus of that certain course in the Easterly line of said State
land described as North 29043'13" West 38,577 meters; thence along said Easterly line North
32006'28" West 4,846 meters to the True Point of Beginning; thence continuing North 32006'28"
West 9,601 meters to a point on the Southerly right of way of said East "H" Street, said point being
on a 586,437 meter radius curve concave Southeasterly, a radial bearing to said point bears North
31023'10" West; thence Northeasterly along said Southerly right of way, being a curve through a
central angle of 00057'25" a distance of 9,794 meters; thence leaving said Southerly right of way
South 14007'28" West 13,559 meters to the True Point of Beginning,
Containing 47 square meters more or less.
It is understood that said temporary construction easement described above shall terminate either on
completion of said construction on State Highway Route 125 lying adjacent to said parcel or on
December 31,2008, whichever date occurs first. It is also understood that upon said termination
date the State shall have no further obligation or liability in connection with said Parcel.
This legal description has been prepared by me or under my direction in conformance with the Land
Surveyor's Act. '
&~p
B. SCOTT EDKINS
LS 7696
EXPIRATION DATE 12/31/06
rr!:1/c?7
DATE
:-C?~'1 FW 6-1 u;) !fl."2V!SED 4.'9(;'
14~:GL'-~j:;;:~S'j .UX7 oj,,/1"'!'J'7 erE
2-33
Number
R/W 33251-1.2
The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the
lands hereby conveyed in fee and the grantor, for the grantor and the grantor's successors and assigns, hereby waives any claims for
any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location.
construction, landscaping, or maintenance of said highway.
(As used above, the term "grantor" shall include the plural as well as the singular numbeL)
Dated this
day of
.20_
STATE OF CALIFORNIA
} SS
PERSONAL ACKNOWLEDGMENT
County of
On this the _ day of
,20_. before me,
Name, Title of Officer, e.g., "Jane Doe, Notary Pub!jG~
Personally appeared
Name(s) of Slgner(s)
o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)_ islare subscribed to the wtthln Instrument and acknowledged to me that._ he/shelthey executed the
same in _ his/her/their authorized capacitY(les), and that by his/her/their signature(s) on the Instrument the person(s), or the emity upon
behalf of which the person(s) acted, executed this instrument.
WITNESS my hand and official sea!.
(Notary Public's Signature in and for said County and State)
(for notary seal or stamp)
THtS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to
Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and
consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand
this
day of
,20
Director of Transportation
By
Attorney in Fact
?0"?.M P.W 6-1U,) (Rf,'flSED ~/'j6~
U~2GD-:D,D'X 09(17/07 SE
2-34
C:)(h~b;+e>
STATE OF CALIFORNIA HIGHWAY USAGE
STATE BUSINESS FREE GOVT CODE 5103
DEPARTMENT OF TRANSPORTATION
DISTRICT 11
When recorded mail to:
State of California
Oept. of Transportation
AlIn: Office of Right of Way
4050 Taylor Street. M.S. 310
San Diego, Ca 92110
Space above this line for Recorder's Use
APN: 595.030.25 E.A. 232302 CLO 52028m-B
GRANT DEED
(MUNICIPAL CORPORATION)
District Countv I Route i Post Number
11 SO I 125 KP 12.1 RIW 33255
;
THE CITY OF CHULA VISTA. a municioal corporation oreanized and existino under and bv virtue 01 the laws of the
State 01 California does hereby GRANT to the STATE OF CALIFORNIA all that real property in the County 01 San Dieeo,
State 01 California, described as:
PARCEL 33255
ParcelS, of Parcel Map No. 16537, in the City of Chula Vista, County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego County, July 8, 1991.
Containing 8534 square meters more or less.
This legal description has been prepared by me or under my direction in conformance with the Land
Surveyor's Act.
-_.~
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"11':------ ,,'<'
CCFCA~
- -
B4~
B. SCOTT EDKIN
LS 7696
EXPIRATION DATE 12/31/06
e -3::?-c?G
DATE
FCRMRW 5-1lA) (REV1SEO 4/~6)
14,2GO-JJ255.DOC 01/13/00 SE
2-35
~
Number
RIW 33255
ij
The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the
lands hereby conveyed in fee and the grantor, for the grantor and the grantor's successors and assigns, hereby waives any claims for
any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location,
construction, landscaping, or maintenance of said highway.
(As used above, the term "grantor" shall include the plural as well as the singular number.)
Dated this
day of
,20_
STATE OF CALIFORNIA
} 55
PERSONAL ACKNOWLEDGMENT
County of
On this the
day of
.20
. before me,
Name, Tltle of Officer, e.g., "Jane Doe, Notary Public.
Personally appeared
Name{s) of Slgner(s)
o personally known to me
o proved to me on the basis of satlsfactoly evidence
to be the person(s) whose name(s)_ Is/are subscribed to the within instrument and acknowledged to me that_ helsheJthey executed the same In_
hlslherltheir authorized capacfty(Jes), and that by his/herltheir slgnature(s) on the instrument the person(s), or the entity upon behalf of which
the person{s) acted. executed this instrument.
WITNESS my hand and officlaJ seal.
(Notary Public's Signature In and for said Counly and Stale)
(for notal)' seal or stamp)
THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to
Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and
consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand
this
day of
,20_
Director of Transportation
By
Allorney In Fact
roRM RW 6-1 (];.) C!i.EV1SEn 4/96}
1492GD-33255.DOC 07/13/06 SE
2-36
RESOLUTION NO.
RESOLUTION ACCEPTING THE TRANSFER OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) OWNED PARCELS TO THE CITY FOR
THE FINAL ALIGNMENT OF STATE ROUTE 125 AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE ALL DOCUMENTS NECESSARY TO
COMPLETE THE TRANSFERS
WHEREAS, in 2002, the City of Chula Vista (City) entered into the City of Chula
Vista Toll Road Agreement with San Diego Expressway Limited Partnership and
Agreement Affecting Real Property to facilitate development of the SR 125 toll road
through the City; and
WHEREAS, constmction of the SR 125 is almost complete and the right-of-way
mllst be finalized; and
WHEREAS, it is necessary for the City to accept the grant of two parcels in fee
from the California Department of Transportation (CALTRANS) in order to finalize the
right-of-way.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista as follows:
1. That it accepts the transfer of Parcel DD 32019-03-01, as described in the
Director's Deed, which is attached to this Resolution as Exhibit 1, from the
California Department of Transportation.
2. That it accepts the transfer of Parcel DD 32019-03-02, as described in the
Director's Deed, which is attached to this Resolution as Exhibit 2, from the
California Department of Transportation.
BE IT FURTHER RESOLVED by the City Council of the City ofChula Vista
that it authorizes the Mayor and City Clerk to execute all documents necessary to accept
these transfers.
Presented by
Approved as to form by
'--!y~ t:tt~!r--
Ann Moore
City Attorney
Jack Griffin
Director of Engineering and General Services
Attachments: Exhibits 1-2
1-I:\EN(jlNEER\RESOS\Rt:soQ007\09-25~07\SR125 Grant ti"om C AL TRANS to City. doc
2-37
&"';0; +.1.
DOCUMENTARY TRANSFER TAX $
COMPUTED ON FULL VALUE OF PROPERTY
CONVEYED, OR
COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING THEREON AT TIME OF
SALE.
Signature of declarant or agent determining tax - firm name
Unincorporated Area City of
When recorded mall to:
Oept. of Transportation
Dlstrict 11 - RfW Excess Lands, MS 54
P.O. Box 85406
San Diego) CA 92186-5406
Space above this Hne for Recorder's Use
E.A. 232302
DIRECTOR'S DEED
District County Route Post Number
11 SO 125 KP 7.4 DO 32019-03-01
The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby
grant to The City of Chula Vista all that real property in the City of Chula Vista, County of San
")iego, State of California, described as:
See exhibit "A" herein attached and made a part of this instrument.
MAIL TAX
STATEMENTS TO:
Form RW 6-1(S) (Revised 4/96)
1492DD-32019~03~01.doc 5/4/2005 7:34 AM
2-38
NUMBER
0032019-03-01
EXHIBIT "A"
That portion of land conveyed to the State of California recorded on May 22, 2003 as Document
No. 2003-0604607 lying Easterly of the following described line:
Commencing at a 2" iron pipe with disc stamped "R.C.E 22606" marking the Northeast corner of
Lot 23 of Rancho Otay, as shown on Record of Survey No. 16504, recorded March 9'h, 2000, in
the office of the County Recorder of San Diego County, said pipe bearing North 71057'57" East.
804.798 meters from a 2" iron pipe with disc stamped "L.S. 5284" marking the Southwest corner of
Lot 1 0 of Map No. 14432, recorded August 30th, 2002, in the office of said County Recorder;
thence along the Northerly line of said Lot 23 South 71057'57" West 6.797 meters; thence North
63024'16" West 42.135 meters to the beginning of a 167.649 meter radius curve concave
Northeasterly; thence Northwesterly along said curve through a central angle of 22039'08" a
distance of 66.281 meters to the beginning of a non-tangent 132.025 meter radius curve concave
Northeasterly, a radial bearing to said point bears South 44015'53" West; thence Northwesterly
along said curve through a centra! angle of 02000'16" a distance of 4.619 meters; thence non-
tangent to said curve North 60045'28" West 9.238 meters to the beginning of a non-tangent
97.660 meter radius curve concave Northeasterly, a radial bearing to said point bears South
46022'51" West; thence Northwesterly along said curve through a central angle of 09043'46" a
distance of 16.584 meters to the beginning of a 1099.231 meter radius curve concave
Northeasterly; thence Northwesterly along said curve through a central angle of 02030'08" a
distance of 48.008 meters to the beginning of a 583.340 meter radius curve concave
,'Jortheasterly; thence Northwesterly along said curve through a central angle of 05038'03" a
distance of 57.361 meters to the beginning of a 2132.999 meter radius curve concave
Northeasterly; thence Northwesterly along said curve through a central angle of 01024'52" a
distance of 52.653 meters to the beginning of a non-tangent 1104.661 meter radius curve concave
Northeasterly, a radial line to said beginning bears South 65027'01" West; thence Northwesterly
along said curve through a central angle of 03014'26" a distance of 62.479 meters; thence North
21018'33" West 62.238 meters; thence North 17029'08" West 25.450 meters to the beginning of a
429.142 meter radius curve concave Easterly; thence Northerly along said curve through a central
angle of 08037'48" a distance of 64.638 meters; thence North 08037'59" West 70.894 meters;
thence North 09011 '35" West 51.795 meters; thence North 08022'34" West 17.141 meters; thence
North 09010'03" West 23.595 meters to the beginning of a 41.836 meter radius curve concave
Easterly; thence Northerly along said curve through a central angle of 13032'35" a distance of
9.889 meters; thence North 04022'32" East 40.173 meters to the beginning of a 86.819 meter
radius curve concave Westerly; thence Northerly along said curve through a central angle of
14016'08" a distance of 21.621 meter to the beginning of a 37.149 meter radius reverse curve
concave Easterly; thence Northerly along said curve through a central angle of 19000'59" a
distance of 12.330 meters; thence North 09007'23" East 48.778' meters to the beginning of a
277.837 meter radius curve concave Southeasterly; thence Northeasterly along said curve
through a central angle of 14039'39" a distance of 71.094 meters to the beginning of a 656.946
meter radius curve concave Southeasterly; thence Northeasterly along said curve through a
central angle of 04035'30" a distance of 52.647 meters; thence North 28022'31" East 36.675
meters; thence North 26032'21" East 51.593 meters to the True Point of Beginning, said point
being the beginning of a 180.898 meter radius curve concave Westerly; thence Northerly along
said curve through a central angle of 33033'34" a distance of 105.956 meters to the beginning of a
384.788 meter radius curve concave Westerly; thence Northerly along said curve through a
Form RW 6-1(8) (Re~sed 4/96)
1492DD-32019-03-01.docS/4/2005 7:34 AM
2-39
NUMBER
0032019-03-01
central angle of Or09'41" a distance of 48.094 meters to the beginning of a 11.241 meter radius
reverse curve concave Southeasterly; thence Northeasterly along said curve through a central
angle of 90039'38" a distance of 17.787 meters; thence non-tangent to said curve North 08018'56"
West 13.985 meters; thence along a radial bearing North 080lO'13"West 19.809 meters to a point
on a 1127.762 meter radius curve concave Southeasterly, said point being the Point of Terminus
and being on the Southerly line of land described as Parcel 32019-1 conveyed to the State of
California recorded on May 22, 2003 as Document No. 2003-0604607; thence Northeasterly along
said curve and said State land through a central angle of 03048'57" a distance of 75.109 meters to
the Southerly terminus of that certain course in said State land bearing North 04021 '16" West
29.236 meters.
Containing 1007 square meters more or less.
There shall be no abutter's rights, including rights of access appurtenant to the above-described
parcel of land in and to the adjacent State highway.
Coordinates, bearings and distances, as stated hereon, are based on the California coordinate
system of 1983, HPGN epoch 1991.35, zone VI as shown on record of survey no. 15374. Multiply
distances by 0.9999938 to obtain ground level distances.
REX S. PLUMMER
LS 6641
EXPIRATION DATE 12/31/05
d~s-
. DATE
Form RW 6-1 (S) (Revised 4/96)
1492DD-32019-03-01.doc5!412005 7:34 AM
2-40
NUMBER
0032019-03-01
Subject to special assessments If any, restrictions, reservations, and easements of record.
This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in
particular, by the Streets and Highways Code.
WITNESS my hand and the seal of the Department of Transportation of the State of California, this
day of 20
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
APPROVED AS TO FORM ANO PROCEDURE
Director of Transportation
ATTORNEY
OEPARTMENT OF TRANSPORTATION
By
Atlorney in Fact
STATE OF CALIFORNIA
} 55
PERSONAL ACKNOWLEDGMENT
County of Sacramento
On this the _ day of
20 -----' before me,
Name, Tille of Officer-E.G., B Jane Doe, Notary Public.
personally appeared
Name of Signer
personally known to me
proved to me on the basis 01 satisiactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to me that _ he/she executed the same in _ his/her
authorized capacity, and that by his/her signature on the instrument the person, or lhe enlHy upon behalf of which the person acted, executed
the instrument.
WITNESS my hand and official seal.
(Notary Public's signature in and for said County and State)
(lor nolary seal orslamp)
(This space reserved for CTC Certification)
Fonn RW 6-1(8) (Revised 4196)
1492DD-3201 9-03-01.doc5/4/2005 7:34 AM
EXHIBIT "A"
That portion of land conveyed to the State of California recorded on May 22, 2003 as Document No.
2003-0604607 lying Easterly of the following described line:
Commencing at a 2" iron pipe with disc stamped "R.C.E 22606" marking the Northeast corner of Lot
23 of Rancho Otay, as shown on Record of Survey No. 16504, recorded March 9th, 2000, in the office
of the County Recorder of San Diego County, said pipe bearing North 71057'57" East 2640.41 feet
from a 2" iron pipe with disc stamped "L.S. 5284" marking the Southwest corner of Lot 1 0 of Map No.
14432, recorded August 30th, 2002, in the office of said County Recorder; thence along the Northerly
line of said Lot 23 South 71057'57" West 22.30 feet; thence North 63024'16" West 138.24 feet to the
beginning of a 550.03 foot radius curve concave Northeasterly; thence Northwesterly along said
curve through a central angle of 22039'08" a distance of 217.46 feet to the beginning of a non-tangent
433.15 foot radius curve concave Northeasterly, a radial bearing to said point bears South 44015'53"
West; thence Northwesterly along said curve through a central angle of 02000'16" a distance of 15.15
feet; thence non-tangent to said curve North 60045'28" West 30.31 feet to the beginning of a non-
tangent 320.41 foot radius curve concave Northeasterly, a radial bearing to said point bears South
46022'51" West; thence Northwesterly along said curve through a central angle of 09043'46" a
distance of 54.41 feet to the beginning of a 3606.39 foot radius curve concave Northeasterly; thence
Northwesterly along said curve through a central angle of 02030'08" a distance of 157.51 feet to the
beginning of a 1913.84 foot radius curve concave Northeasterly; thence Northwesterly along said
curve through a central angle of 05038'03" a distance of 188.19 feet to the beginning of a 6998.01
oat radius curve concave Northeasterly; thence Northwesterly along said curve through a central
angle of 01024'52" a distance of 172.745 feet to the beginning of a non-tangent 3624.21 foot radius
curve concave Northeasterly, a radial iine to said beginning bears South 65027'01" West; thence
Northwesterly along said curve through a central angle of 03014'26" a distance of 204.98 feet; thence
North 21018'33" West 204.19 feet; thence North 17029'08" West 83.50 feet to the beginning of a
1407.94 foot radius curve concave Easterly; thence Northerly along said curve through a central
angle of 08037'48" a distance of 212.07 feet; thence North 08037'59" West 232.59 feet; thence North
09011 '35" West 169.93 feet; thence North 08022'34" West 56.24 feet; thence North 09010'03" West
77.41 feet to the beginning of a 137.26 foot radius curve concave Easterly; thence Northerly along
said curve through a central angle of 13032'35" a distance of 32.44 feet; thence North 04022'32" East
131.80 feet to the beginning of a 284.84 foot radius curve concave Westerly; thence Northerly along
said curve through a central angle of 14016'08" a distance of 70.93 feet to the beginning of a 121.88
foot radius reverse curve concave Easterly; thence Northerly along said curve through a central angle
of 19000'59" a distance of 40.45 feet; thence North 09007'23" East 160.03 feet to the beginning of a
911.54 foot radius curve concave Southeasterly; thence Northeasterly along said curve through a
central angle of 14039'39" a distance of 233.25 feet to the beginning of a 2155.33 foot radius curve
concave Southeasterly; thence Northeasterly along said curve through a central angle of 04035'30" a
distance of 172.73 feet; thence North 28022'31" East 120.32 feet; thence North 26032'21" East 169.27
feet to the True Point of Beginning, said point being the beginning of a 593.50 foot radius curve
concave Westerly; thence Northerly along said curve through a central angle of 33033'34" a distance -.
of 347.62 feet to the beginning of a 1262.42 foot radius curve concave Westerly; thence Northerly
along said curve through a central angle of Or09'41" a distance of 157.79 feet to the beginning of a
.ORH RN 6-10') (:REVISED 4/90)
1492EX,i\.-J2019-0J-Ol.DOC 01!21/05 Sit
2-42
36.88 foot radius reverse curve concave Southeasterly; thence Northeasterly along said curve
through a central angle of 90039'38" a distance of 58.35 feet; thence non-tangent to said curve North
08018'56" West 45.88 feet; thence along a radial bearing North 0801 0'13"West 65.00 feet to a point
on a 3700.00 foot radius curve concave Southeasterly, said point being the Point of Terminus and
being on the Southerly line of land described as Parcel 32019-1 conveyed to the State of California
recorded on May 22, 2003 as Document No. 2003-0604607; thence Northeasterly along said curve
and said State land through a central angle of 03048'57" a distance of 246.42 feet to the Southerly
terminus of that certain course in said State land bearing North 04021 '16" West 95.92 feet.
Containing 0.71 acres more or less.
Coordinates, bearings and distances, as stated hereon, are based on the California Coordinate
System of 1983, HPGN EPOCH 1991.35, Zone VI as shown on Record of Survey No. 15374. Multiply
distances by 0.999 993 8 to obtain ground level distances. To convert U.S. survey feet io meters,
multiply distances by 0.30480061.
This conveyance is made for the purpose of a freeway and the grantor hereby releases and
relinquishes to the grantee any and a/J abutter's rights including rights of access, appurtenant to
grantor's remaining property, in and including said freeway.
This legal description has been prepared by rne or under my direction in conformance with the Land
3urveyor's Act.
REX S. PLUMMER
LS 6641
EXPIRATION DATE 12/31/05
ifY:s
DATE
.--oRl-l RW 5-1(B) (REVI.SED 4!96)
1492E~~-32019-0J-Ol.DOC 01/21/05 SE
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DOC UM EN! ARY TRANSFER TAX $
COMPUTED ON FULL VALUE OF PROPERTY
CONVEYED, OR
COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING THEREON AT TIME OF
SALE.
Signature of declarant or agent determining tax - firm name
Unincorporated Area City ot
When recorded mail to;
Oept. of Transportation
District 11 - R1W Excess Lands, MS 54
P.O. 60x 85406
San Diego, CA 92186-5406
Space above this line for Recorder's Use
EA_232302_
DIRECTOR'S DEED
District Countv' Route Post Number
11 SO 125 KP 6.8 DO 32019-03-02
The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby
grant to The City of Chula Vista all that real property in the City of Chula Vista, County of San
"'liego, State of California, described as:
See exhibit "A" herein attached and made a part of this instrument.
MAIL TAX
STATEMENTS TO:
Form RW 6-1(5) (Revised 4/96)
149200-3201g.03-02.doc 5/4/2005 7;38 AM
2-47
NUMBER
0032019-03-02
EXHIBIT "A"
That portion of land conveyed to the State of California recorded on May 22, 2003 as Document
No. 2003-0604607 lying Easterly and Northeasterly of the following described line:
Commencing at a 2" iron pipe with disc stamped "R.C.E 22606" marking the Northeast corner of
Lot 23 of Rancho Otay, as shown on Record of Survey No. 16504, recorded March 9th, 2000, in
the office of the County Recorder of San Diego County, said pipe bearing North 71057'57" East
804.798 meters from a 2" iron pipe with disc stamped "L.S. 5284" marking the Southwest corner of'
Lot 1 0 of Map No. 14432, recorded August 30th, 2002, in the office of said County Recorder;
thence along the Northerly line of said Lot 23 South 71057'57" West 6.797 meters to the True
Point of Beginning; thence North 63024'16" West 42.135 meters to the beginning of a 167.649
meter radius curve concave Northeasterly; thence Northwesterly along said curve through a
central angle of 22039'08" a distance of 66.281 meters to the beginning of a non-tangent 132.025
meter radius curve concave Northeasterly, a radial bearing to said point bears South 44015'53"
West; thence Northwesterly along said curve through a central angle of 02000'16" a distance of
4.619 meters; thence non-tangent to said curve North 60045'28" West 9.238 meters to the
beginning of a non-tangent 97.660 meter radius curve concave Northeasterly, a radial bearing to
said point bears South 46022'51" West; thence Northwesterly along said curve through a central
angle of 09043'46" a distance of 16.584 meters to the beginning of a 1099.231 meter radius curve
concave Northeasterly; thence Northwesterly along said curve through a central angle of
02030'08" a distance of 48.008 meters to the beginning of a 583.340 meter radius curve concave
Northeasterly; thence Northwesterly along said curve through a central angle of 05038'03" a
distance of 57.361 meters to the beginning of a 2132.999 meter radius curve concave
Northeasterly; thence Northwesterly along said curve through a central angle of 01024'52" a
distance of 52.653 meters to the beginning of a non-tangent 1104.661 meter radius curve concave
Northeasterly, a radial line to said beginning bears South 65027'01" West; thence Northwesterly
along said curve through a central angle of 03014'26" a distance of 62.479 meters; thence North
21018'33" West 62.238 meters; thence North 17"29'08" West 25.450 meters to the beginning of a
429.142 meter radius curve concave Easterly; thence Northerly along said curve through a central
angle of 08037'48" a distance of 64.638 meters; thence North 08037'59" West 70.894 meters to
the Point of Terminus; thence North 09011 '35" West 51.795 meters; thence North 08022'34"
West 17.141 meters; thence North 09010'03" West 23.595 meters to the beginning of a 41.836
meter radius curve concave Easterly; thence Northerly along said curve through a central angle of
13032'35" a distance of 9.889 meters; thence North 04022'32" East 40.173 meters to the beginning
of a 86.819 meter radius curve concave Westerly; thence Northerly along said curve through a
central angle of 14016'08" a distance of 21.621 meter to the beginning of a 37.149 meter radius
reverse curve concave Easterly; thence Northerly along said curve through a central angle of
19000'59" a distance of 12.330 meters; thence North 09007'23" East 48.778 meters to the
beginning of a 277.837 meter radius curve concave Southeasterly; thence Northeasterly along
said curve through a central angle of 14039'39" a distance of 71.094 meters to the beginning of a
656.946 meter curve concave Southeasterly; thence Northeasterly along said curve through a
central angle of 04035'30" a distance of 52.647 meters; thence North 28'22'31" East 36.675
meters; thence North 26032'21" East 51.593 meters to the beginning of a 180.898 meter radius
curve concave Westerly; thence Northerly along said curve through a central angle of 33033'34" a
distance of 105.956 meters to the beginning of a 384.788 meter radius curve concave Westerly;
thence Northerly along said curve through a central angle of 07"09'41" a distance of 48.094
Form RW 6-1(5) (R.~sed 4196)
14920D.3201 9-03-02.doc5/412005 7:38 AM
2-48
NUMBER
0032019-03-02
meters to the beginning of a 11.241 meter radius reverse curve concave Southeasterly; thence
\Jortheasterly along said curve through a central angle of 90039'38" a distance of 17.787 meters;
thence non-tangent to said curve North 08018'56" West 13.985 meters; thence along a radial
bearing North 0801 0'13"West 19.809 meters to a point on a 1127.762 meter radius curve concave
Southeasterly, said point being on the Southerly line of land described as Parcel 32019-1
conveyed to the State of California recorded on May 22, 2003 as Document No. 2003-0604607;
thence Northeasterly along said curve and said State land through a central angle of 03048'57" a
distance of 75.109 meters to the Southerly terminus of that certain course in said State land
bearing North 04021'16" West 29.236 meters.
Containing 1007 square meters more or less.
There shall be no abutter's rights, including rights of access appurtenant to the above-described
parcel of land in and to the adjacent State highway.
Coordinates, bearings and distances, as stated hereon, are based on the California coordinate
system of 1983, HPGN epoch 1991.35, zone VI as shown on record of survey no. 15374. Multiply
distances by 0.9999938 to obtain ground level distances.
~
REX S. PLUMMER
LS 6641
EXPIRATION DATE 12131/05
sfr~r
DATE
Form RW 6-1(8) (Revised4J96)
1492DD.32019~03-02.doc5/412005 7:38 AM
2-49
EXHIBIT "A"
That portion of land conveyed to the State of California recorded on May 22, 2003 as Document No.
2003-0604607 lying Easterly and Northeasterly of the following described line:
Commencing at a 2" iron pipe with disc stamped "R.C.E 22606" marking the Northeast corner of Lot
23 of Rancho Otay, as shown on Record of Survey No. 16504, recorded March 9th, 2000, in the office
of the County Recorder of San Diego County, said pipe bearing North 71057'57" East 2640.41 feet
from a 2" iron pipe with disc stamped "L.S. 5284" marking the Southwest corner of Lot 1 0 of Map No.
14432, recorded August 30'h, 2002, in the office of said County Recorder; thence along the Northerly
line of said Lot 23 South 71057'57" West 22.30 feet to the True Point of Beginning; thence North
63024'16" West 138.24 feet to the beginning of a 550.03 foot radius curve concave Northeasterly;
thence Northwesterly along said curve through a central angle of 22039'08" a distance of 217.46 feet
to the beginning of a non-tangent 433.15 foot radius curve concave Northeasterly, a radial bearing to
said point bears South 44015'53" West; thence Northwesterly along said curve through a central
angle of 02000'16" a distance of 15.15 feet; thence non-tangent to said curve North 60045'28" West
30.31 feet to the beginning of a non-tangent 320.41 foot radius curve concave Northeasterly, a radial
bearing to said point bears South 46022'51" West; thence Northwesterly along said curve through a
central angle of 09043'46" a distance of 54.41 feet to the beginning of a 3606.39 foot radius curve
concave Northeasterly; thence Northwesterly along said curve through a central angle of 02030'08" a
distance of 157.51 feet to the beginning of a 1913.84 foot radius curve concave Northeasterly; thence
Northwesterly along said curve through a central angle of 05038'03" a distance of 188.19 feet to the
Jeginning of a 6998.01 foot radius curve concave Northeasterly; thence Northwesterly along said
curve through a central angle of 01024'52" a distance of 172.745 feet to the beginning' of a non-
tangent 3624.21 foot radius curve concave Northeasterly, a radial line to said beginning bears South
65027'01" West; thence Northwesterly along said curve through a central angle of 03014'26" a
distance of 204.98 feet; thence North 21018'33" West 204.19 feet; thence North 1 r29'08" West 83.50
feet to the beginning of a 1407.94 foot radius curve concave Easterly; thence Northerly aiong said
curve through a central angle of 08037'48" a distance of 212.07 feet; thence North 08037'59" West
232.59 feet to the Point of Terminus; thence North 09011 '35" West 169.93 feet; thence North
08022'34" West 56.24 feet; thence North 09010'03" West 77.41 feet to the beginning of a 137.26 foot
radius curve concave Easterly; thence Northerly along said curve through a central angle of 13032'35"
a distance of 32.44 feet; thence North 04022'32" East 131.80 feet to the beginning of a 284.84 foot
radius curve concave Westerly; thence Northerly along said curve through a centrai' angle of
14016'08" a distance of 70.93 feet to the beginning of a 121.88 foot radius reverse curve concave
Easterly; thence Northerly along said curve through a central angle of 19000'59" a distance of 40.45
feet; thence North 09007'23" East 160.03 feet to the beginning of a 911.54 foot radius curve concave
Southeasterly; thence Northeasterly along said curve through a central angle of 14039'39" a distance
of 233.25 feet to the beginning of a 2155.33 foot radius curve concave Southeasterly; thence
Northeasterly along said curve through a central angle of 04 '35'30" a distance of 172.73 feet; thence
North 28022'31" East 120.32 feet; thence North 26'32'21" East 169.27 feet to the beginning of a
593.50 foot radius curve concave Westerly; thence Northerly along said curve through a central angle
of 33033'34" a distance of 347.62 feet to the beginning of a 1262.42 foot radius curve concave
Westerly; thence Northerly along said curve through a central angle of Or09'41" a distance of 157.79
)R1of l'i.W 6-1 fB) {REVISED 4/96)
l4g2EXA-]2029_0J~02.DOC 01/21/05 SE
2-50
feet to the beginning of a 36.88 foot radius reverse curve concave Southeasterly; thence
Northeasterly along said curve through a centrai angle of 90039'38" a distance of 58.35 feet; thence
non-tangent to said curve North 08018'56" West 45.88 feet; thence along a radial bearing North
0801 0'13'West 65.00 feet to a point on a 3700.00 foot radius curve concave Southeasterly, said point
being on the Southerly line of land described as Parcel 32019-1 conveyed to the State of California
recorded on May 22, 2003 as Document No. 2003-0604607; thence Northeasterly along said curve
and said State land through a central angie of 03048'57" a distance of 246.42 feet to the Southerly
terminus of that certain course in said State land bearing North 04021 '16" West 95.92 feet.
Containing 0.25 acres more or less.
Coordinates, bearings and distances, as stated hereon, are based on the California Coordinate
System of 1983, HPGN EPOCH 1991.35, Zone VI as shown on Record of Survey No. 15374. Multiply
distances by 0.9999938 to obtain ground level distances. To convert U.S. survey feet to meters,
multiply distances by 0.30480061.
This conveyance is made for the purpose of a freeway and the grantor hereby releases and
relinquishes to the grantee any and all abutter's rights including rights of access, appurtenant to
grantor's remaining property, in and including said freeway.
This legal description has been prepared by me or under my direction in conformance with the Land
3urveyor's Act.
aD 1f.1/
DATE
REXS.
LS 6641
EXPIRATION DATE 12/31/05
FORM RW 6-1(B) lREV1SED 4/96)
l492U,A-320l9-03-02.DOC 01/21/05 SZ
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-1c
CITY COUNCIL
AGENDA STATEMENT
:::::~f::.. CITY OF
~~CHULA VISfA
9/25/07, Item~
SUBMITTED BY:
REPORT REGARDING TIIE ANNUAL RATE ADJUSTMENT OF SOLID
WASTE SERVICES RATES PER THE TERMS AND CONDITIONS OF
THE AMENDED AND RESTATED RECYCLING AND SOLID WASTE
FRANCHISE AGREEMENT . ~
DIRECTOR OF PUBLIC WORKS
DIRECTOR OF ENGINEERING GENERAL SERVICESa~,
CITY MANAGER / (JiIJ JL
ASSISTANT CITY ~iGf.R.Y
4/5THS VOTE: YES D NO ~
ITEM TITLE:
REVIEWED BY:
BACKGROUND
Chula Vista ratepayers continue to have the lowest rates in San Diego CoUnty for franchise cities. The
Technical Advisory Committee of SanDAG's Solid Waste Taskforce conducts a Countywide Annual Rate
Survey. Using the information within this survey, staff conducts an evaluation of the City of Chula
Vista's Small Quantity Generators (SQG) service rates to establish that Allied Waste Services' annual rate
adjustment is in compliance with the tenns and conditions of the franchise agreement guaranteeing Chula
Vista residents will have the lowest rates in the County.
On July 24, 2007 Council held a public hearing and approved the continuation of the solid waste General
Service Rates adjustment formula, as defined in the Amended and Restated Recycling and Solid Waste
Franchise Agreement with Allied Waste Services. Council requested that staffretum with a report when
the evaluation of the rate adjustment was complete for 2007-08. Rate adjustments are effective July I for
Large Quantity Generators (commercial and industrial service customers) and September I for Small
Quantity Generators (cart service customers), annually. The full rate schedule for 2007-08 has been
included as an attachment.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that there is no possibility that the
activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of
the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary .
RECOMMENDATION
Accept report regarding the annual rate adjustment of solid waste services rates per the tenns and
conditions of the Amended and Restated Recycling and Solid Waste Franchise Agreement
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
3-1
9/25/07, Item 3-
Page 2 of2
DISCUSSION
Per the Amended and Restated Recycling and Solid Waste Franchise Agreement, Allied Waste Services
is entitled to an annual rate increase for General Service Rates within prescribed terms and conditions.
The City Manager or designee reviews the rates for compliance with these terms, which are:
.
The annual rate adjustment amount for General
Service Rates cannot exceed sixty-six and two-
thirds percent of the increase in the San Diego
Area Consumer Price Index (CPI) for all Urban
Consumers (all items) published by the U. S.
Department of Labor, Bureau of Labor Statistics
for the previous twelve-month period (calendar
year) for which statistics are available (3.4%).
3.4% CPl X 66.66% = 2.27% the rate adjustment
allowed
.
Notwithstanding the foregoing, at no time shall the
Small Quantity Generator Rates (SQG- cart
service) exceed ninety percent (90%) of the
average rate for the County of San Diego for the
same level of service - approximately 60-gallon
cart rate or standard service rate after subtracting
any pass-through fees or local subsidies. This
limitation is to be applied only to determine
whether the Contractor is entitled to the full cpr
adjustment on SQG rates, as described above.
Mean County Average X 90% = Maximum rate for
SQG
The rate adjustment evaluation is complete and Chula Vista
SQG ratepayers continue to have the lowest rates in the
county.
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 l8704.2(a)(I) is not applicable to this
decision.
Comparison Rate is
middle rate or
majority service
level if no middle
rate.
ChuIa
Vista
$12.60 .32 gal
$16.32 - 64 gal
$19.20 - 96 gal
$16.64
$17.32
$17.41
17.67
$ 16.32
$ 16.6
$ 17.32
$ 17.41
$ 17.67
Escondida
EI Cajon
Coronado
Lemon Grove
17.71 standard
14.17 Sr. rate
2.74 silver bag
11.69 - 35 gal
17.84.95 al
$17.87
$17.95
$16.01
$18.32
$18.78
$18.67
13.00 . 35 gal
19.44 . 95 gal
$20.84
19.44
20.64
$ 17.71
Encinitas
$ 17.64
$ 17.67
$ 17.95
Del Mar
La Mesa
Vista
$ 16.01
Santee
$ 16.32
$ 16.76
$ 18.87
San Marcos
Carlsbad
Poway
$
$
Solana Beach
Imperial
Beach
21.19 - 35 gal
21.84 -64 gal
22.59 95 gal
21.84
$
Oceanside
$22.86 $
Non-franchise
Non-franchise
Adjusted Mean Avera e $
90% of Adj. Mean Average $
22.86
18.57
16.71
FISCAL IMPACT
Franchise fees and AB 939 fees collected as a component of the rates provide a positive impact to the
General Fund.
ATTACHMENTS
2007 -2008 Allied Waste Semces Rate Sheets
Prepared by: Lynn France, Environmental Services Program Manager, Public Works Dept.
3-2
M:IGeneral Services\GS Administration\Council Agenda\EnvironmentallAGENDA STATEMENTS\Rate report 2007.08.doc
~ued:~13,2tlO7
CHULA VlSTAFIlANCBISE - 2007 RATE SCHEDUI..E _FORLQG&SQGRATD
LQG and Industrial!f&diye: Jw, 1.1007
SQGKllective:Sept\!lllberl.l007
SERVICE DESCRIPTION: .... RATES 2007 RATES
AutoMATION QR\'lCI ..... AllTOMATlON'SDVICI: ""'"
J1Go1 "GoI 96Go1 -~ 32G81 "G_ 96G_ Senice
A. SMALL OUANTITY GENERATOR: SQO 20()~ RATES EF'FECT1VE SEPT l. 20U1 INCREASED
Residential - single unit 12.04 15.60 18.35 12.60 16.32 19.z<J
Additional cart 5.47 '.72
Trash Exempt 3.83 2.96
Minimum Service Charge 12.04 11.60
Extra trash set out I 32 gal equivll.lent 3.23 3.38
Prepaidextn32gul~bagservices 1.61 1.68
Residential- Senior (On program before 1213VOl) ~,. NA NA 8.87
Residential ~ Multi-family up to 9 units 13.04 1<''' 18.35 12.60 16.33 19.20
Mobile Home Parks - coaeb to coach 12.94 15.60 IUS 12.60 16.32 19.20
CommerciaUIndUlltrial SQG
One time weekly on residential service day for the area 12.04 15.60 18.35 12.60 16.32 19.20
Additional carts 5.47 5.72
Replacement cart cbarg;e (32, 64, or 96 gal cart) due to repeated customer ahuse 7~" 82.52
SQG Bulky Item Pick up free if called in 48 hours in advance of service day for up to 10 items. .~ ."'.
Pet item charge for over the 10 items. Items over 60 Ibs. must be prepared for safe handling with a 3.00 3.13
hand truck. Jinot, maybe mbjectto a 1/2 hourly service fee.Colledion on any day othertban
standard service day is subject to a 1/2 hourly service rate fur the first live items.
Bulky Item Pick Hourly service mte, per V2 hour for non-sch.edu1cd service. lip to S items. Per 26.18 27.38
Up I item charge over S items.
Temporary 3 yd container at resiq.eutial unit (includes 1 dump and 17 day limit) 134.71 140.88
Additional dumps - same as LQG extra pick up rate "'-72 53.lt4
Temporary Bin Rental charges begin ar 18 days. 3.00 3.13
Green Waste Cart Rental (I, 64 gal or 96 gal. Cart- miD. 6 mth. Rental period) 1.00 1.05
Special Bandlillg Charg;cs
Call Backs I Non scheduled. customer requested 10.00 10.46
Customer Requested Special Service ~ ie.caxt cleaning, mise electronic wuste 1~00 10.46
Televisions and Computer Monitors curbside pickup S.OO '.33
Restricted Access 10.00 10.46
City Non-Compliance Fee (City Stafflmposed) .
($3, $3, $10.00 as appropriate fertile situation)
Lf.2007 LQG SQO Eff2007.xlI
EXHIBITG. PAGE
3-3
Pn=lIued: AuIlUSt 13., 2007
CHULA VI5rAFRANCHISE - 1007 RATE SCHEDllLE _FORLQG&SQGRATES
LQGudlDdlI:StriaIEIfective:Julyl,lOO1
SQGEfrective:Septemhert,2OO1
SERVICE DESClUYl10N: 1.0lHiRATES 2007 RATES
A.UTOMATION ~1ClWIC!: ""'" <l.trrOMATIONSERVIC'E 0_
"GoJ "G" "GoJ ,.,.,., lZGaI "G" "GoJ ......
B. LARGE OUANTITY GENERATORS , LQG &: INDUSTRiAL R.4.TES EFFECTIVE JULY L 2007 n-ICREASED
( SEE A TIACRED SCHEDl1LES FOR DETAILED PRICING MA TRl.'( BY BIN SiZES AND SER"1CE LE'lELSl
1 X 2YD X IJWK BASIC SERVICE ....,. 67.14
1 X 2YD X 1/WK EXPANDED SERVICE 76.34 79."
1 X 3YD X lIWK BASIC SERVICE 87.,", 91.04
1 X3YD X lIWKEXPANDEDSERVICE 100.27 104.86
1 X 4YD X 1/WK BASIC SERVICE 138.64 145.00
1 X 4YD X 1JWK EXPANDED SERVICE 156.46 163.62
1 X SYD X 11WK BASIC SERVICE 173.29 181.23
1 X SYD X llWK EXPANDED SERVICE 195.60 '04.56
1 X 6YD X 1/WK BASIC SERVICE 207.94 217.47
1 X 6YD X 1lWK EXPANDED SERVICE 234.70 245.46
Note: "Expanded Service" such as a container push Qut in excess af25 feet.
Extra pick up Charges: Commercial Trash 50.72 53.04
Commerdal Recycling 38.64 40.41
Green Waste Recycling 29.98 31.36
GREEN WASTE RECYCLING 1 X lIWEEK 55.64 58.18
1 X 2lWEEK 100.53 IOS.I5
1 X liBI-WEEKL Y 29.98 31.36
COMl\oIERCIAL RECYCLING
( SEE A TIACHED SCHEDULES FOR DETAILED PRICING l\-L-\ TRIX BY BIN SlZES AND SER"lCE LE"~LS)
up to 8 yard afservice . X lIWEEK ...... 48.13
1 X lIBI-WEKKLY 38.64 40.41
NON-HOSPITALITY 1 X lIWEEK 19.45 20.34
( UP TO 4-96GAL CARTS ) 1 X IIBI-WEEKL Y 16.22 16.96
Residential Multi-family bin service for 6 to 9 units (with City approval)
Trash rates - commercial service as needed, per commercial container rate sch.edules
Recycling only. ch.arge per unit (in addition to the trash rate) 1.77 1.85
Recycling and Greenwaste. charge per unit (in addition to the trash rate) 2.91 3.04
Over weight Bins. Upon approval. by the City.
1. Determine the ratio of pounds per cubic yard. over the 110 pounds average per cubic yard.
2. Ratio establishes the number of bins to use when calculating the charge.
Vertical compactor service rate calculation ~
1. Select the compactor bins size that corresponds with the bin size on the rate table.
2. The compaction ration of the compactor becomes the number ofbins serviced (Example: 4 to 1 = 4 bins)
3. Select the "Weekly Lifts" or service fu:quency chosen by the generator.
4. The commercial ttash rate table identifies the applicable "Basic Service" rate for that level of service.
Lock on carts !bins 5.40 5.65
Container exchange after complementary annual excltanae (30 days notice requested, not 53.48 55.94
required)
Delay wait tlmelSpecial Service (upon cutomer request) per 1/2 hour 48.41 '8.6'
Replacement 3 yd bin container due to repeated wstomer abuse 648.28 678.00
(extra charges may apply for personalized container purchase upon City approval).
Bulky Item Pick up 1/2 Hourly Rate 26.89 28.11
Bulky [tem Pick up CommerdalJIudutrlal- if called in 48 houn in advance of ~ervice day for 3.00 3.13
the SQG route in that area.ltems over 60 Ibs. must be prepared for safe handling with a hand
truck. If not, maybe 5I1bject to a 1/2 hourly service. rate Collection on urt day other than SQG
route day forthe area is cha:rge 112 hourly rate.
Bulky Item Pick up for Multi-family (LQG). 5 item.s for 10 units are free if called in 48 houn 3.00 3.13
in adVllJlce of SQO route day for the area.ltems over 60 Ibs. must be prepared for safe handling
with a hand trw:k. Ifnot, maybe subject to a 1/2 hourly rate service fee.Collection on any day
other than SQG route day for the area is charge per 112 hourly rate. Additional items over the 5 3.00 3.13
per 10 units - Each item
Extra pickup or call back on recycling ~ervice:l (per stop not per eontainer) 10.00 10.46
U-2007 LQG SOO Eff'2007.x1s
EXHIBIT G . Pi-OS: 2
3-'1
~:AU1(DStlJ.:r007
CHULA VlSTAlI'RANCIDSE .1OO1RATESCBEDULE .FORLQG&.SQGRATIS
LQGandlndllstria1Efti=ctive:Julyl.1OIJ7
SQGE~~l.2007
SERVICE DESClUPTlON: """ RATES 2007 RATES
AlITOMATJON smVICI Otber 1,A.fll'OMATIONURVICJC ""'"
3lGol 64Go1 "Go Senicl!l J2Gal 64Gal. 96 Gat s.rn~
C. INDUSTRIAL GENERATORS: LQG &.lNDUSTIUAL RATES EFFECTIVE JULY 1. 2007 INCREASED
Compactor 2~.48 213.85
Roll-off 132.23 138.30
C.O.D. HAUL + DELIVERY + 7 TON DISPOSAL %3.90 485.28
2007 S138.30 + $34.50 + $312.48" $485.28
2006 $132.22 + S32.98 + $198.69 '" $463.89
(Haul charge + Delivery Charge +7 Ton Disposal)
Anything over 7 tons is charged at cunent disposal rate per ton.
. DISPOSAL PER TON (includes Franchise Fee oS: AB939 Tal:) 42.67 44.64
All recycling material processing fees arc passed through to the geD<<ator.
Any disposal charges due to contamination will be passed through to the generator.
A rebate of 50% of the market value minus processing costs is ofE'~d fur clean recycling loads.
Bulky Item Hourly Service Rate. per 1/2 hour 26.89 28.11
Compactor Container Wash Out 81.04 84.7S
Relocation of the Containe!" 81.04 84.75
Dry Run Charge - 50% of the Haul Rate 66.12 69.16
Roll -off Delivery Charj~e (initial delivery only, subsequent exchangell do Dot get c\larged) 32.98 34.5.
RoIl-01fL:ontainer Daily .Kental L:harze {After 17l18yS' J.W J.13
Bulky Item Pick up CommerclallIndustrial- if called in 48 bours in advance of service day for 3.00 3.13
the SQG route in dun: area-Items over 60 Ibs. must be prepared for safe handling with a hand
truck.. Ifnot, maybe subject to S2S perbalfhour service fee. Collection on any day othcr1han
SQG route day for the area is charged Bulky Item Hourly Service rate per 1/2 hour.
Same Day Service RequeIlt until 3:00 pm 49.05 51.30
SDccialEvents:
Trash Bin, each 125.00 130.73
Recycling Bin, each 80.00 83.67
96 or 64 gallon cart 10.00 1D.46
Recycling Red Box '.00 5.22
U_2001LQOSQGEfl'2001.ldl1
EXHlB1T G . PAGE 3
3-5
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY I, 2007
EXHIBIT G
2YD CONTAINER SERVICE
te: "Expanded Service" is defined as a container pushout in excess of 25 feet.
ep! Adjustment is 66.66% of ePl "" 2.270/0
CIty Franchise Fee"" 8.000/0
Ab939 Fee" 5.00%
RATE # WKLY YARDS
LEVEL BINS LIFTS IMO
BIC SERVICE 1 1 9
PANnED SERV 1 1 9
.SIC SERVICE 1 2 17
PANDED SERV 1 2 17
BIC SERVICE 1 3 26
PANnED SERV 1 3 26
.SIC SERVICE 1 4 35
PANnED SERV 1 4 35
BIC SERVICE 1 5 43
PANnED SERV 1 5 43
BIC SERVICE 1 6 52
PANnED SERV 1 6 52
BIC SERVICE 1 7 61
PANnED SERV 1 7 61
BIC SERVICE 2 1 17
PANDED SERV 2 1 17
.SIC SERVICE 2 2 35
PANnED SERV 2 2 35
BIC SERVICE 2 3 52
:PANDED SERV 2 3 52
.SIC SERVICE 2 4 69
PANnED SERV 2 4 69
.SIC SERVICE 2 5 87
PANDED SERV 2 5 87
,SIC SERVICE 2 6 104
PANnED SERV 2 6 104
,SIC SERVICE 2 7 121
:PANnED SERV 2 7 121
,SIC SERVICE 3 I 26
PANnED SERV 3 1 26
,SIC SERVICE 3 2 52
PANnED SERV 3 2 52
.sIC SERVICE 3 3 78
PANnED SERV 3 3 78
.SIC SERVICE 3 4 104
PANDED SERV 3 4 104
.SIC SERVICE 3 5 130
PANDEDSERV 3 5 130
.SIC SERVICE 3 6 156
PANnED SERV 3 6 156
.SIC SERVICE 3 7 182
:PANnED SERV 3 7 182
2006
RATE
AS OF
07/0112006
64.20
76.34
162.36
184.10
230.24
262.77
304.02
344.02
375.29
425.43
449.15
513.68
530.15
597.69
170.18
196.58
318.33
348.10
438.45
486.04
573.24
632.34
716.75
773.67
869.62
939.08
1,022.47
1,096.89
248.10
288.84
448.08
500.69
631.67
748.91
84L15
909.44
1,050.31
1,122.47
1,290.09
1,321.06
1,545.06
1,583.25
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
2.95
3.51
7.45
8.44
10.55
12.05
13.94
15.77
17.20
19.50
20.59
23.54
24.30
27.40
7.81
9.01
14.59
15.95
20.10
22.28
26.28
28.98
32.85
35.46
39.86
43.05
46.86
50.27
11.37
13.23
20.53
22.95
28.96
34.33
38.56
41.68
48.15
51.45
59.13
60.56
70.82
72.57
EXHIBITf"':6AGE 1
2007
RATE
AS OF
07/0112007
67.14
79.85
169.81
192.54
240.79
274.82
317.96
359.79
392.49
444.93
469.74
537.22
554.45
625.09
177.99
205.59
332.92
364.05
458.55
508.32
599.52
661.32
749.60
809.13
909.48
982.13
1,06933
1,147.16
259.47
302.07
468.61
523.64
660.63
783.24
879.71
95L12
1,098.46
1,173.92
1,349.22
1,381.62
1,615.88
1,655.82
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY I, 2007
EXHIBIT G
2YD CONTAINER SERVICE
Note: "Expanded Service" is defined as a container pushout in excess of25 feet.
CPI Adjustment is 66.66% of CPI "" 2.270/0
City Franchise Fee "" 8.0QoA.
Ab939 Fee"" 5.000/0
2006
RATE
AS OF
07/0112006
326.66
378.55
575.16
641.97
833.45
1,000.14
915.91
1,176.40
1,431.21
1,450.52
1,733.39
1 ,802.67
2,035.25
2,104.47
.
402.23
465.20
730.09
792.00
1,063.58
1,074.57
1 ,406.90
1,445.58
1,742.29
1,876.50
2,083.42
2,265.18
2,480.04
2,519.11
477.64
552.57
873.43
931.15
1,263.37
1,320.89
1,647.73
1,737.70
2,035.96
2,200.79
2,441.24
2,699.60
2,869.27
3,137.41
RATE # WKLY YARDS
LEVEL BINS LIFTS /MO
BASIC SERVICE . 4 1 35
EXPANDED SERV 4 1 35
BASIC SERVICE 4 2 69
EXPANDEDSERV 4 2 69
BASIC SERVICE 4 3 104
BASIC SERVICE 4 3 104
EXPANDED SERV 4 4 139
EXPANDED SERV 4 4 139
BASIC SERVICE 4 5 173
EXPANDED SERV 4 5 173
BASIC SERVICE 4 6 208
EXPANDED SERV 4 6 208
BASIC SERVICE 4 7 242
EXPANDED SERV 4 7 242
BASIC SERVICE 5 1 43
EXPANDED SERV 5 1 43
BASIC SERVICE 5 2 87
EXPANDED SERV 5 2 87
BASIC SERVICE 5 3 130
EXPANDED SERV 5 3 130
BASIC SERVICE 5 4 173
EXPANDED SERV 5 4 173
BASIC SERVICE 5 5 217
EXPANDED SERV 5 5 217
BASIC SERVICE 5 6 260
EXPANDED SERV 5 6 260
BASIC SERVICE 5 7 303
EXPANDEDSERV 5 7 303
BASIC SERVICE 6 1 52
EXPANDEDSERV 6 1 52
BASIC SERVICE 6 2 104
EXPANDED SERV 6 2 104
BASIC SERVICE 6 3 156
EXPANDED SERV 6 3 156
BASIC SERVICE 6 4 208
EXPANDED SERV 6 4 208
BASIC SERVICE 6 5 260
EXPANDED SERV 6 5 260
BASIC SERVICE 6 6 312
EXPANDEDSERV 6 6 312
BASIC SERVICE 6 7 364
EXPANDEDSERV 6 7 364
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
14.97
17.36
26.37
29.43
38.20
45.84
41.99
53.93
65.60
66.49
79.46
82.63
93.30
96.46
18.44
21.33
33.46
36.30
48.76
49.25
64.48
66.27
79.86
86.02
95.50
103.83
113.68
115.47
21.89
25.32
40.03
42.68
57.91
60.5 6
75.53
79.66
93.32
100.88
111.90
123.75
13 1.51
143.82
EXHIBITf_i'AGE 2
2007
RATE
AS OF
07/0112007
341.63
395.91
601.53
671.40
871.65
1,045.98
957.90
1,230.33
1,496.81
1,517.01
1,812.85
1,885.30
2,128.55
2,200.93
-
420.67
486.53
763.55
828.30
1,112.34
1,123.82
1,471.38
1,511.85
1,822.15
1,962.52
2,178.92
2,369.01
2,593.72
2,634.58
499.53
577.89
913.46
973.83
1,321.28
1,381.45
1,723.26
1,817.36
2,129.28
2,301.67
2,553.14
2,823.35
3,000.78
3,281.23
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2007
EXHIBIT G
2YD CONTAINER SERVICE
Ite: "Expanded Service" is defined as a container pushout in excess of 25 feet.
CPI Adjustment Is 66.66% ofePI "" 2.27%
CIty Franchise Fee'" 8.000/Q
Ab939 Fee = 5.000/9
RATE # WKLY YARDS
LEVEL BINS LIFTS /MO
~SIC SERVICE 7 1 61
(PANDED SERV 7 I 61
~IC SERVICE 7 2 121
(PANDED SERV 7 2 121
~SIC SERVICE 7 3 182
(PANDED SERV 7 3 182
~SIC SERVICE 7 4 242
(PANDED SERV 7 4 242
~SIC SERVICE 7 5 303
(PANDED SERV 7 5 303
~SIC SERVICE 7 6 364
(PANDED SERV 7 6 364
~SIC SERVICE 7 7 424
(PANDED SERV 7 7 424
2006
RATE
AS OF
07/01/2006
557.27
644.68
1,019.01
1,086.35
1,473.92
1,541.00
1,922.36
2,027.33
2,375.28
2,567.58
2,848.11
3,149.53
3,347.46
3,660.31
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
25.55
29.55
46.70
49.80
67.56
70.64
88.11
92.93
108.88
117.70
130.56
144.36
153.45
167.78
EXHIBIT:f-=SAGE 3
2007
RATE
AS OF
07/0112007
582.82
674.23
1,065.71
1,136.15
1,541.48
1,611.64
2,010.47
2,120.26
2,484.16
2,685.28
2,978.67
3,293.89
3,500.91
3,828.09
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2007
EXHIBIT G
3YD CONTAINER SERVICE
Note: "Expanded Service" is defined as a container pushout in excess of25 feet.
ePI Adjustment is 66.66% of ePI = 2.27%
City Franchise Fee = 8.000/0
Ab939 Fee = 5.00%
RATE # WKLY YARDS
LEVEL BINS LIFTS IMO
BASIC SERVICE 1 1 13
EXPANDED SERV 1 1 13
BASIC SERVICE 1 2 26
EXPANDED SERV 1 2 26
BASIC SERVICE 1 3 39
EXPANDED SERV 1 3 39
BASIC SERVICE 1 4 52
EXPANDED SERV 1 4 52
BASIC SERVICE 1 5 65
EXPANDED SERV 1 5 65
BASIC SERVICE I 6 78
EXPANDED SERV 1 6 78
BASIC SERVICE 1 7 91
EXPANDED SERV 1 7 91
BASIC SERVICE 2 1 26
EXPANDED SERV 2 1 26
BASIC SERVICE 2 2 52
EXPANDED SERV 2 2 52
BASIC SERVICE 2 3 78
EXPANDED SERV 2 3 78
BASIC SERVICE 2 4 104
EXPANDED SERV 2 4 104
BASIC SERVICE 2 5 130
EXPANDED SERV 2 5 130
BASIC SERVICE 2 6 156
EXPANDED SERV 2 6 156
BASIC SERVICE 2 7 182
EXPANDED SERV 2 7 182
BASIC SERVICE 3 1 39
EXPANDED SERV 3 1 39
BASIC SERVICE 3 2 78
EXPANDED SERV 3 2 78
BASIC SERVICE 3 3 117
EXPANDED SERV 3 3 117
BASIC SERVICE 3 4 156
EXPANDED SERV 3 4 156
BASIC SERVICE 3 5 195
EXPANDED SERV 3 5 195
BASIC SERVICE 3 6 234
EXPANDED SERV 3 6 234
BASIC SERVICE 3 7 273
EXPANDED SERV 3 7 273
2006
RATE
AS OF
07/01/2006
87.05
100.27.
184.60
208.48
262.32
298.03
346.49
390.43
427.91
482.99
512.22
583.08
604.31
678.44
193.19
222.17
362.19
394.89
500.51
552.70
654.83
719.72
818.68
881.21
992.88
1,069.18
1,167.08
1,248.78
281.95
326.64
511.05
568.80
722.13
850.81
961.67
1,036.62
1,200.84
1,280.06
1,473.65
1,507.63
1,763.09
1,805.03
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
3.99
4.59
8.46
9.55
12.02
13.66
15.89
17.90
19.62
22.14
23.48
26.72
27.70
31.10
8.85
10.18
16.60
18.10
22.94
25.33
30.02
33.00
37.53
40.40
45.51
49.00
53.50
57.24
12.92
14.97
23.43
26.07
33.09
39.00
44.09
47.52
55.04
58.68
67.55
69.10
80.82
82.74
EXHIBITf_-gAGE 1
2007
RATE
AS OF
07/01/2007
91.04
104.86
193.06
218.03
274.34
311.69
362.38
408.33
447.53
505.13
535.70
609.80
632.01
709.54
202.04
232.35
378.79
412.99
523.45
578.03
684.85
752.72
856.21
921.61
1,038.39
1,118.18
1,220.58
1,306.02
294.87
341.61
534.48
594.87
755.22
889.81
1,005.76
1.084.14
1,255.88
1,338.74
1,541.20
1,576.73
1,843.91
1,887.77
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY I, 2007
EXHIBIT G
3YD CONTAINER SERVICE
te: "Expanded Sen"ice" is defined as a container pushout in excess of25 feet.
CPI Adjustment is 66.66% 'of CPI,. 2.27%
City FraDchise Fee" 8.00%
Ab939 Fee"" 5.000/0
RATE # WKLY YARDS
LEVEL BINS LIFTS IMO
.sIC SERVICE 4 1 52
PANDED SERV 4 1 52
.SIC SERVICE 4 2 104
PANDED SERV 4 2 104
.SIC SERVICE 4 3 156
PANDED SERV 4 3 156
.SIC SERVICE 4 4 208
PANDED SERV 4 4 208
.sIC SERVICE 4 5 260
PANDED SERV 4 5 260
.sIC SERVICE 4 6 312
PANDED SERV 4 6 312
.SIC SERVICE 4 7 364
PANDED SERV 4 7 364
.SIC SERVICE 5 1 65
PANDED SERV 5 1 65
.SIC SERVICE 5 2 130
PANDEDSERV 5 2 130
.SIC SERVICE 5 3 195
PANDED SERV 5 3 195
,SIC SERVICE 5 4 260
PANDED SERV 5 4 260
,SIC SERVICE 5 5 325
PANDED SERV 5 5 325
.SIC SERVICE 5 6 390
PANDED SERV 5 6 390
,SIC SERVICE 5 7 455
PANDED SERV 5 7 455
,SIC SERVICE 6 1 78
PANDED SERV 6 1 78
,SIC SERVICE 6 2 156
PANDED SERV 6 2 156
.sIC SERVICE 6 3 234
PANDED SERV 6 3 234
,SIC SERVICE 6 4 312
PANDED SERV 6 4 312
,SIC SERVICE 6 5 390
PANDED SERV 6 5 390
.sIC SERVICE 6 6 468
PANDED SERV 6 6 468
.SIC SERVICE 6 7 546
PANDED SERV 6 7 546
2006
RATE
AS OF
07/0I/2006
371.36
428.32
656.95
730.27
953.22
1,043.75
1,291.06
1,342.44
1,634.95
1,656.13
1,979.43
2,055.47
2,323.57
2,399.51
457.50
526.64
833.35
901.39
1,215.43
1,227.49
1,608.26
1,650.71
1,992.37
2,139.71
2,382.80
2,582.35
2,834.14
2,877.04
543.50
625.79
997.07
1,060.44
1,444.32
1,507.45
1,885.37
1,984.14
2,330.71
2,511.64
2,794.72
3,078.37
3,283.73
3,578.11
2007 RATE
INCREASE
CPI = 2.27
FF= 8.0%
AB939 = 5.0%
17.02
19.63
30.11
33.47
43.69
47.84
59.18
61.54
74.94
75.91
90.73
94.22
106.5]
109.98
20.98
24.14
38.20
41.32
55.72
56.27
73.72
75.67
91.33
98.09
109.22
118.37
129.91
131.88
24.92
28.69
45.71
48.60
66.21
69.10
86.42
90.95
106.84
115.]4
128.10
141.11
150.52
164.02
EXHIBI1J~ l1tGE 2
2007
RATE
AS OF
07/0112007
388.38
447.95
687.06
763.74
996.91
1,091.59
] ,350.24
1,403.98
1,709.89
1,732.04
2,070.16
2,149.69
2,430.08
2,509.49
478.48
550.78
871.55
942.71
1,271.15
1,283.76
1,681.98
1,726.38
2,083.70
2,237.80
2,492.02
2,700.72
2,964.05
3,008.92
568.42
654.48
1,042.78
1,109.04
1,510.53
1,576.55
1,971.79
2,075.09
2,437.55
2,626.78
2,922.82
3;219.48
3,434.25
3,742.13
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2007
EXHIBIT G
3YD CONTAINER SERVICE
Note: "Expanded SelY'ice" Is defined as a container pushout in excess oi25 feet.
CPIAdjustment is 66.66% olCPI"" 2.27%
City Franchise Fee = 8.00%
Ab939 Fee"" 5.00%
RATE # WKLY YARDS
LEVEL BINS LIFTS /MO
BASIC SERVICE 7 1 91
EXPANDED SERV 7 I 91
BASIC SERVICE 7 2 182
EXPANDED SERV . 7 2 182
BASIC SERVICE 7 3 273
EXPANDED SERV 7 3 273
BASIC SERVICE 7 4 364
EXPANDED SERV 7 4 364
BASIC SERVICE 7 5 455
EXPANDED SERV 7 5 455
BASIC SERVICE 7 6 546
EXPANDED SERV 7 6 546
BASIC SERVICE 7 7 637
EXPANDED SERV 7 7 637
2006
RATE
AS OF
07/0112006
634.07
730.04
1,163.29
1,237.19
1,685.03
1,758.68
2,199.60
2,314.84
2,719.15
2,930.24
3,260.50
3,591.43
3,830.99
4,174.47
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
29.07
33.47
53.32
56.72
77.24
80.62
100.83
106.11
124.64
134.32
149.46
164.62
175.61
191.35
EXHIBI~ ~ iPfGE 3
2007
RATE
AS OF
07/0112007
663.14
763.51
1,216.61
1,293.91
1,762.27
1,839.30
2,300.43
2,420.95
2,843.79
3,064.56
3,409.96
3,756.05
4,006.60
4,365.82
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY I, 2007
EXHlBIT G
4YD CONTAINER SERVICE
[)te: "Expanded Service" is defined as a container pushout in excess of 25 feet.
CPI Adjustment is 66.66% of CPI'" 2.270/0
CIty Franchise Fee = 8.000,/0
Ab939 Fee'" 5.000/0
RATE # WKLY YARDS
LEVEL BINS LIFTS /MO
"SIC SERVICE 1 1 17
(PANDED SERV 1 1 17
"SIC SERVICE 1 2 35
(PANDED SERV 1 2 35
"SIC SERVICE 1 3 52
(PANDED SERV 1 3 52
"SIC SERVICE 1 4 69
(PANDED SERV 1 4 69
"SIC SERVICE 1 5 87
(PANDED SERV 1 5 87
"SIC SERVICE 1 6 104
(PANDED SERV 1 6 104
"SIC SERVICE 1 7 121
(PANDED SERV 1 7 121
"SIC SERVICE 2 1 35
(PANDED SERV 2 1 35
"SIC SERVICE 2 2 69
(PANDED SERV 2 2 69
"SIC SERVICE 2 3 104
(PANDED SERV 2 3 104
"SIC SERVICE 2 4 139
(PANDED SERV 2 4 139
"SIC SERVICE 2 5 173
(PANDED SERV 2 5 173
ASIC SERVICE 2 6 208
(PANDED SERV 2 6 208
"SIC SERVICE 2 7 242
(PANDED SERV 2 7 242
"SIC SERVICE 3 1 52
(PANDED SERV 3 1 52
ASIC SERVICE 3 2 104
(PANDED SERV 3 2 104
ASIC SERVICE 3 3 156
(PANDED SERV 3 3 156
ASIC SERVICE 3 4 208
(PANDED SERV 3 4 208
ASIC SERVICE 3 5 260
XPANDED SERV 3 5 260
ASIC SERVICE 3 6 312
(PANDED SERV 3 6 312
ASIC SERVICE 3 7 364
XPANDED SERV 3 7 364
2006
RATE
AS OF
07/0112006
138.64
156.46
244.02
275.55
346.76
393.91
458.02
516.05
565.69
638.40
677.11
770.67
798.85
896.76
255.36
293.64
478.77
521.93
66\.64
730.58
865.71
951.37
1,082.35
1,164.86
1,312.61
1,413.33
1,542.92
1,650.78
372.65
431.67
675.60
75\.83
954.71
1,124.61
1,271.38
1,370.34
1,587.58
1,692.17
1,948.23
1,993.09
2,330.83
2,386.21
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
6.36
7.16
11.18
12.63
15.89
18.05
2\.00
23.65
25.93
29.26
3\.04
35.33
36.62
41.11
1\.72
13.46
2\.96
23.92
30.33
33.49
39.68
43.61
49.60
53.39
60.16
64.78
70.73
75.67
17.09
19.79
30.97
34.46
43.76
5 \.55
58.28
62.82
72.76
77.57
89.30
91.35
106.84
109.38
EXHIBrs 2f ~GE 1
2007
RATE
AS OF
07/0112007
145.00
163.62
255.20
288.18
362.65
41\.96
479.02
539.70
59\.62
667.66
708.15
806.00
835.47
937.87
267.08
307.10
500.73
545.85
69\.97
764.07
905.39
994.98
1,13\.95
1,218.25
1,372.77
1,478.11
1,613.65
1,726.45
389.74
45\.46
706.57
786.29
998.47
1,176.16
1,329.66
1,433.16
1,660.34
1,769.74
2,037.53
2,084.44
2,437.67
2,495.59
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2007
EXHIBIT G
4YD CONTAINER SERVICE
Note: "Expanded Service" is defined as a container pushout in excess of25 feet
Cl'l Adjustment is 66.66% of CPI '" 2.27%
City Franchise Fee" 8.000/0
Ab939 Fee"" 5.00%
RATE # WKLY YARDS
LEVEL BINS LIFTS IMO
BASIC SERVICE 4 I 69
EXPANDED SERV 4 1 69
BASIC SERVICE 4 2 139
EXPANDED SERV 4 2 139
BASIC SERVICE 4 3 208
EXPANDED SERV 4 3 208
BASIC SERVICE 4 4 277
EXPANDED SERV 4 4 277
BASIC SERVICE 4 5 346
EXPANDED SERV 4 5 346
BASIC SERVICE 4 6 416
EXPANDED SERV 4 6 416
BASIC SERVICE 4 7 485
EXPANDED SERV 4 7 485
BASIC SERVICE 5 1 87
EXPANDED SERV 5 1 87
BASIC SERVICE 5 2 173
EXPANDED SERV 5 2 173
BASIC SERVICE 5 3 260
EXPANDED SERV 5 3 260
BASIC SERVICE 5 4 346
EXPANDED SERV 5 4 346
BASIC SERVICE 5 5 433
EXPANDED SERV 5 5 433
BASIC SERVICE 5 6 520
EXPANDED SERV 5 6 520
BASIC SERVICE 5 7 606
EXPANDED SERV 5 7 606
BASIC SERVICE 6 1 104
EXPANDED SERV 6 1 104
BASIC SERVICE 6 2 208
EXPANDED SERV 6 2 208
BASIC SERVICE 6 3 312
EXPANDED SERV 6 3 312
BASIC SERVICE 6 4 416
EXPANDED SERV 6 4 416
BASIC SERVICE 6 5 520
EXPANDED SERV 6 5 520
BASIC SERVICE 6 6 624
EXPANDED SERV 6 6 624
BASIC SERVICE 6 7 727
EXPANDED SERV 6 7 727
2006
RATE
AS OF
07/0112006
490.88
566.07
868.53
965.29
1,260.23
1,379.75
1,706.89
1,774.72
2,161.46
2,189.43
'2,616.85
2,717.26
3,071.78
3,172.04
604.76
696.04
1,101.71
1,191.44
1,606.88
1,622.80
2,126.21
2,182.28
2,634.09
2,828.56
3,150.32
3,413.76
3,746.90
3,803.54
718.43
827.Q2
1,318.17
1,401.81
1,909.47
1,992.82
2,492.71
2,623.11
3,081.55
3,320.40
3,695.04
4,069.48
4,341.51
4,730.15
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
22.50
25.95
39.81
44.25
57.77
63.24
78.24
81.35
99.07
100.36
119.95
124.55
140.80
145.39
27.71
31.91
50.49
54.62
73.66
74.39
97.46
100.03
120.74
129.66
144.41
156.49
171.75
174.35
32.93
37.90
60.42
64.26
87.53
91.35
114.27
120.25
141.24
152.20
169.38
186.54
199.01
216.82
EXHIB1J2r~AGE 2
2007
RATE
AS OF
07/0112007
513.38
592.02
908.34
1,009.54
1,318.00
1,442.99
1,785.13
1,856.07
2,260.53
2,289.79
2,736.80
2,841.81
3,212.58
3,317.43
632.47
727.95
1,152.20
1,246.06
1,680.54
1,697.19
2,223.67
2,282.31
2,754.83
2,958.22
3,294.73
3,570.25
3,918.65
3,977.89
751.36
864.92
1,378.59
1,466.07
1,997.00
2,084.17
2,606.98
2,743.36
3,222.79
3,472.60
3,864.42
4,256.02
4,540.52
4,946.97
OTY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2007
EXHIBlT G
4YD CONTAINER SERVICE
Ite: "Expanded Service" is defined as a container pushout in excess of 25 feet.
ep] Adjustment is 66.66% of CPI "" 2.27%
City Franchise Fee'" 8.000/0
Ab939 Fee"" 5.00%
RATE # WKLY YARDS
LEVEL BINS LIFTS IMO
.SIC SERVICE 7 I 121
J'ANnED SERV 7 I 121
.SIC SERVICE 7 2 242
J'ANnED SERV 7 2 242
.SIC SERVICE 7 3 364
J'ANDED SERV 7 3 364
.SIC SERVICE 7 4 485
J'ANnED SERV 7 4 485
.SIC SERVICE 7 5 606
J'ANnED SERV 7 5 606
.SIC SERVICE 7 6 727
J'ANDED SERV 7 6 727
.SIC SERVICE 7 7 849
J'ANnED SERV 7 7 849
2006
RATE
AS OF
07/0112006
838.17
964.86
1,537.87
1,635.46
2,227.74
2,324.97
2,908.15
3,060.27
3,595.11
3,873.80
4,310.89
4,747.75
5,065.11
5,518.52
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
38.42
44.23
70.49
74.96
102.11
106.58
133.30
140.29
164.78
177.57
197.61
217.63
232.17
252.97
EXHlBI3 s: 1 ~GE 3
2007
RATE
AS OF
07/0112007
876.59
1,009.09
1,608.36
1,710.42
2,329.85
2,431.55
3,041.45
3,200.56
3,759.89
4,051.37
4,508.50
4,965.38
5,297.28
5,771.49
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY I, 2007
EXHIBIT G
5YD CONTAINER SERVICE
Note: "Expanded Service" is defined as a container pushout in excess of25 feet.
CPI Adjustment is 66.66% of cpr"" 2.27%
City Franchise Fee"" 8.00%
Ab939 Fee"" 5.00%
RATE # WKLY YARDS
LEVEL BINS LIFTS IMO
BASIC SERVICE 1 1 22
EXPANDED SERV 1 1 22
BASIC SERVICE 1 2 43
EXPANDED SERV 1 2 43
BASIC SERVICE 1 3 65
EXPANDED SERV 1 3 65
BASIC SERVl(:;E 1 4 87
EXPANDED SERV 1 4 87
BASIC SERVICE 1 5 108
EXPANDED SERV 1 5 108
BASIC SERVICE 1 6 130
EXPANDED SERV 1 6 130
BASIC SERVICE 1 7 152
EXPANDED SERV 1 7 152
BASIC SERVICE 2 1 43
EXPANDED SERV 2 1 43
BASIC SERVICE 2 2 87
EXPANDED SERV 2 2 87
BASIC SERVICE 2 3 130
EXPANDED SERV 2 3 130
BASIC SERVICE 2 4 173
EXPANDED SERV 2 4 173
BASIC SERVICE 2 5 217
EXPANDED SERV 2 5 217
BASIC SERVICE 2 6 260
EXPANDED SERV 2 6 260
BASIC SERVICE 2 7 303
EXPANDED SERV 2 7 303
BASIC SERVICE 3 1 65
EXPANDED SERV 3 1 65
BASIC SERVICE 3 2 130
EXPANDED SERV 3 2 130
BASIC SERVICE 3 3 195
EXPANDED SERV 3 3 195
BASIC SERVICE 3 4 260
EXPANDED SERV 3 4 260
BASIC SERVICE 3 5 325
EXPANDED SERV 3 5 325
BASIC SERVICE 3 6 390
EXPANDED SERV 3 6 390
BASIC SERVICE 3 7 455
EXPANDED SERV 3 7 455
2006
RATE
AS OF
07/0112006
173.29
195.60
305.03
344.43
433.48
492.40
572.59
645.09
707.09
797.98
846.41
963.34
998.60
1,120.94
319.20
367.03
598.47
652.46
827.05
913.22
1,082.12
1,189.20
1,352.93
1,456.09
1,640.78
1,766.66
1,928.65
2,063.47
465.83
539.59
844.49
939.79
1,193.42
1,405.76
1,589.22
1,712.93
1,984.49
2,115.24
2,435.30
2,491.37
2,913.52
2,982.76
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
7.94
8.96
13.99
15.79
19.86
22.57
26.24
29.57
32.42
36.57
38.80
44.16
45.77
51.39
14.64
16.82
27.43
29.90
37.91
41.86
49.60
54.51
62.01
66.74
75.22
80.98
88.40
94.58
21.36
24.73
38.71
43.08
54.71
64.44
72.85
78.52
90.97
96.95
111.63
114.20
133.55
136.72
EXHlBl'3!::i SAGE 1
2007
RATE
AS OF
07/0112007
181.23
204.56
319.02
360.22
453.34
514.97
598.83
674.66
739.51
834.55
885.21
1,007.50
1,044.37
1,172.33
333.84
383.85
625.90
682.36
864.96
955.08
1,131.72
1,243.71
1,414.94
1,522.83
1,716.00
1,847.64
2,017.05
2,158.05
487.19
564.32
883.20
982.87
1,248.13
1,470.20
1,662.07
1,791.45
2,075.46
2,212.19
2,546.93
2,605.57
3,047.07
3,119.48
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY I, 2007
EXHIBIT G
5YD CONTAINER SERVICE
te: "Expanded Service" is defined as a container pushout in excess of 2S feet.
CPI Adjustment is 66.66% ofCP! "" 2.27%
City Franchise Fee"" 8.000/0
Ab939 Fee "" 5.000/0
RATE # WKLY YARDS
LEVEL BINS LIFTS /MO
,SIC SERVICE . 4 1 87
:PANDED SERV 4 1 87
,SIC SERVICE 4 2 173
:PANDED SERV 4 2 173
,SIC SERVICE 4 3 260
:PANDED SERV 4 3 260
.SIC SERVICE 4 4 346
:PANDED SERV 4 4 346
,SIC SERVICE 4 5 433
:PANDED SERV 4 5 433
,SIC SERVICE 4 6 520
:PANDEDSERV 4 6 520
,SIC SERVICE 4 7 606
:PANDED SERV 4 7 606
.SIC SERVICE 5 1 108
:PANDED SERV 5 1 108
.SIC SERVICE 5 2 217
:PANDED SERV 5 2 217
.SIC SERVICE 5 3 325
:PANDED SERV 5 3 325
,SIC SERVICE 5 4 433
(PANDED SERV 5 4 433
,SIC SERVICE 5 5 541
(PANDED SERV 5 5 541
,SIC SERVICE 5 6 650
(PANDED SERV 5 6 650
,SIC SERVICE 5 7 758
(PANDED SERV 5 7 758
,SIC SERVICE 6 1 130
(PANDED SERV 6 1 130
,SIC SERVICE 6 2 260
<PANDED SERV 6 2 260
,SIC SERVICE 6 3 390
<PANDED SERV 6 3 390
,SIC SERVICE 6 4 520
<PANDED SERV 6 4 520
""SIC SERVICE 6 5 650
<PANDED SERV 6 5 650
""SIC SERVICE 6 6 779
(PANDED SERV 6 6 779
.<\8IC SERVICE I 6 7 909
(PANDED SERV I 6 7 909
2006
RATE
AS OF
07/0112006
613.61
707.61
1,085.62
1,206.62
1,575.31
1,724.69
2,133.59
2,218.41
2,701.85
2,736.84
3,271.07
3,396.59
3,839.73
3,965.07
755.95
870.05
1,377.16
1,489.34
2,008.55
2,028.49
2,657.80
2,727.86
3,292.59
3,535.71
3,937.88
4,267.18
4,683.62
4,754.45
898.05
1,033.77
1,647.72
1,752.26
. 2,386.88
2,491.04
3,115.89
3,278.90
3,851.93
4,150.52
4,618.78
5,086.87
5,426.91
5,912.70
2007 RATE
INCREASE
CPI = 2.27
FF= 8.0%
AB939 = 5.0%
28.13
32.44
49.76
55.31
72.21
79.06
97.80
101.68
123.84
125.45
149.94
155.70
176.QJ
181.75
34.65
39.88
63.13
68.27
92.06
92.98
121.83
125.04
150.93
162.07
180.51
195.60
214.69
217.93
41.16
47.39
75.53
80.33
109.40
114.18
142.83
150.30
176.57
190.25
211.71
233.17
248.75
271.02
EXHIBIg ~ 1 SAGE 2
2007
RATE
AS OF
07/0112007
641.74
740.05
1,135.38
1,261.93
1,647.52
1.803.75
2,231.39
2,320.09
2,825.69
2,862.29
3,421.01
3,552.29
4,015.74
4,146.82
790.60
909.93
1,440.29
1,557.61
2,100.61
2,121.47
2,779.63
2,852.90
3,443.52
3,697.78
4,118.39
4,462.78
4,898.31
4,972.38
939.21
1,081.16
1,723.25
1,832.59
2,496.28
2,605.22
3.258.72
3,429.20
4,028.50
4,340.77
4,830.49
5,320.04
5,675.66
6,183.72
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2007
EXHIBIT G
SYD CONTAINER SERVICE
Note: "Expanded Service" is defined 2S a container pushout in excess of 25 feet.
CPl Adjustment Is 66.66% of CPI '"' 2.270/D
City Franchise Fee'"' 8.000/0
Ab939 Fee - 5.00%
RATE # WKLY YARDS
LEVEL BINS LIFTS IMO
BASIC SERVICE 7 1 152
EXPANDED SERV 7 1 152
BASIC SERVICE 7 2 303
EXPANDED SERV 7 2 303
BASIC SERVICE 7 3 455
EXPANDED SERV 7 3 455
BASIC SERVICE 7 4 606
EXPANDED SERV 7 4 606
BASIC SERVICE 7 5 758
EXPANDED SERV 7 5 758
BASIC SERVICE 7 6 909
EXPANDED SERV 7 6 909
BASIC SERVICE 7 7 1061
EXPANDED SERV 7 7 1061
2006
RATE
AS OF
07/0112006
1,047.72
1,207.41
1,922.32
2,044.32
2,784.68
2,906.22
3,635.22
3,825.36
4,493.90
4,842.24
5,388.59
5,934.68
6,331.39
6,898.16
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
48.02
55.34
88.12
93.71
127.65
133.21
166.63
175.34
206.00
221.96
247.00
272.04
290.22
316.20
EXHIBrs~i ljAGE 3
2007
RATE
AS OF
07/0112007
1,095.74
1,262.75
2,010.44
2,138.03
2,912.33
3,039.43
3,801.85
4,000.70
4,699.90
5,064.20
5,635.59
6,206.72
6,621.61
7,214.36
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2007
EXHIBIT G
6YD CONTAINER SERVICE
Gte: "Expanded Service" is defined as a container pushout in excess of 2S feet.
CPI Adjustment is 66.66% ofCPI = 2.270/0
City Franchise Fee ~ 8.00%
Ah939 Fee = 5.00%
RATE # WKLY YARDS
LEVEL BINS LIFTS IMO
"'-SIC SERVICE I 1 26
ICPANDED SERV 1 1 26
"'-SIC SERVICE. 1 2 52
ICPANDED SERV 1 2 52
"'-SIC SERVICE 1 3 78
ICPANDED SERV 1 3 78
"'-SIC SERVICE 1 4 104
ICPANDED SERV 1 4 104
"'-SIC SERVICE 1 5 130
ICPANDED SERV 1 5 130
"'-SIC SERVICE 1 6 156
ICPANDED SERV 1 6 156
"'-SIC SERVICE 1 7 182
ICPANDED SERV 1 7 182
"'-SIC SERVICE 2 1 52
ICPANDED SERV 2 1 52
"'-SIC SERVICE 2 2 104
ICPANDED SERV 2 2 104
ASIC SERVICE 2 3 156
ICPANDED SERV 2 3 156
ASIC SERVICE 2 4 208
ICPANDED SERV 2 4 208
"'-SIC SERVICE 2 5 260
ICPANDED SERV 2 5 260
ASIC SERVICE 2 6 312
ICPANDED SERV 2 6 312
ASIC SERVICE 2 7 364
ICPANDED SERV 2 7 364
ASIC SERVICE 3 1 78
ICPANDED SERV 3 1 78
ASIC SERVICE 3 2 156
ICPANDED SERV 3 2 156
ASIC SERVICE 3 3 234
ICPANDED SERV 3 3 234
ASIC SERVICE 3 4 312
XPANDED SERV 3 4 312
ASIC SERVICE 3 5 390
XPANDED SERV 3 5 390
ASIC SERVICE 3 6 468
XPANDED SERV 3 6 468
ASIC SERVICE 3 7 546
XPANDED SERV 3 7 546
2006
RATE
AS OF
07/0112006
207.94
234.70
366.04
413.30
520.17
590.90
687.09
774.08
848.51
957.59
1,015.67
1,155.99
1,198.29
1,345.12
383.06
440.44
718.16
782.93
992.44
1,095.87
1,298.54
1,427.06
1,623.55
1,747.31
1,968.93
2,120.01
2,314.40
2,476.17
559.03
647.52
1,013.36
1,127.75
1,432.08
1,686.92
1,907.07
2,055.53
2,381.38
2,538.28
2,922.32
2,989.64
3,496.26
3,579.32
2007 RATE
INCREASE
CPI ~ 2.27
FF ~ 8.0%
AB939 ~ 5.0%
9.53
10.76
16.78
18.95
23.85
27.09
31.49
35.47
38.89
43.90.
46.55
52.99
54.94
61.65
17.56
20.19
32.92
35.88
45.50
50.23
59.53
65.42
74.42
80.10
90.26
97.17
106.08
113.51
25.62
29.68
46.46
51.70
65.64
77.32
87.43
94.23
109.16
116.35
133.95
137.05
160.26
164.06
EXHTB~~; SAGE 1
2007
RATE
AS OF
07/0112007
217.47
245.46
382.82
432.25
544.02
617.99
718.58
809.55
887.40
1,001.49
1,062.22
1,208.98
1,253.23
1,406.77
400.62
46Q.63
751.08
818.81
1,037.94
1,146.10
1,358.07
1,492.48
1,697.97
.1,827.41
2,059.19
2,217.18
2,420.48
2,589.68
584.65
677.20
1,059.82
1,179.45
1,497.72
1,764.24
1,994.50
2,149.76
2,490.54
2,654.63
3,056.27
3,126.69
3,656.52
3,743.38
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2007
EXHIBIT G
6YD CONTAINER SERVICE
Note: "Expanded Service" is dermed as a container pushout in excess of 25 feet.
CPI Adjustment is 66.66% of ePI = 2.27%
City Franchise Fee = 8.000/0
Ab939 Fee'" 5.00%
RATE # WKLY YARDS
LEVEL BINS LIFTS /MO
BASIC SERVICE 4 I 104
EXPANDED SERV 4 1 104
BASIC SERVICE 4 2 208
EXPANDED SERV 4 2 208
BASIC SERVICE 4 3 312
EXPANDED SERV 4 3 312
BASIC SERVICE 4 4 416
EXPANDED SERV 4 4 416
BASIC SERVICE 4 5 520
EXPANDED SERV 4 5 520
BASIC SERVICE 4 6 624
EXPANDED SERV 4 6 624
BASIC SERVICE 4 7 727
EXPANDED SERV 4 7 727
BASIC SERVICE 5 I 130
EXPANDED SERV 5 1 130
BASIC SERVICE 5 2 260
EXPANDED SERV 5 2 260
BASIC SERVICE 5 3 390
EXPANDEDSERV 5 3 390
BASIC SERVICE 5 4 520
EXPANDED SERV 5 4 520
BASIC SERVICE 5 5 650
EXPANDED SERV 5 5 650
BASIC SERVICE 5 6 779
EXPANDED SERV 5 6 779
BASIC SERVICE 5 7 909
EXPANDED SERV 5 7 909
BASIC SERVICE 6 1 156
EXPANDED SERV 6 1 156
BASIC SERVICE 6 2 312
EXPANDED SERV 6 2 312
BASIC SERVICE 6 3 468
EXPANDED SERV 6 3 468
BASIC SERVICE 6 4 624
EXPANDED SERV 6 4 624
BASIC SERVICE 6 5 779
EXPANDEDSERV 6 5 779
BASIC SERVICE 6 6 935
EXPANDED SERV 6 6 935
BASIC SERVICE 6 7 1091
EXPANDED SERV 6 7 1091
2006
RATE
AS OF
0710112006
736.34
849.16
1,302.75
1,447.94
1,890.38
2,069.62
2,560.34
2,662.12
3,242.26
3,284.19
3,925.29
4,075.88
4,607.66
4,758.10
907.11
1,044.06
1,652.59
1,787.19
2,410.28
2,434.17
3,189.34
3,273.45
3,95\.14
4,242.88
4,725.42
5,120.59
5,620.37
5,705.31
1,077.65
1,240.52
1,977.26
2,102.75
2,864.27
2,989.25
3,739.08
3,934.66
4,622.27
4,980.61
5,542.57
6,104.24
6,512.30
7,095.27
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
33.76
38.92
59.71
66.36
86.65
94.87
117.36
122.03
148.62
150.55
179.93
186.83
211.21
218.10
41.57
47.86
75.76
81.92
110.48
111.58
146.19
150.05
18\.11
194.48
216.60
234.72
257.63
261.52
49.40
56.86
90.64
96.39
131.29
137.02
171.39
180.36
211.88
228.31
254.06
279.81
298.50
325.24
EXHIB.rg~-9AGE 2
2007
RATE
AS OF
07/0112007
770.10
888.08
1,362.46
1,514.30
1,977.03
2,164.49
2,677.70
2,784.15
3,390.88
3,434.74
4,105.22
4,262.71
4,818.87
4,976.20
948.68
1,091.92
1,728.35
1,869.11
2,520.76
2,545.75
3,335.53
3,423.50
4,132.25
4,437.36
4,942.02
5,355.31
5,878.00
5,966.83
1,127.05
1,297.38
2,067.90
2,199.14
2,995.56
3,126.27
3,910.47
4,115.02
4,834.15
5,208.92
5,796.63
6,384.05
6,810.80
7,420.51
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY I, 2007
EXHffilT G
6YD CONTAINER SERVICE
Ite: "Expanded Service" is defined as a container pushout in excess of 25 feet.
ePI Adjustment is 66.66% ofCPI '" 2.270/0
City Franchise Fee = 8.00%
Ab939 Fee'" 5.000/0
RATE # WKLY YARDS
LEVEL BINS LIFTS IMO
,SIC SERVICE 7 1 182
:PANDED SERV 7 1 182
,SIC SERVICE 7 2 364
:PANDED SERV 7 2 364
,SIC SERVICE 7 3 546
:PANDED SERV 7 3 546
,SIC SERVICE 7 4 727
:PANDED SERV 7 4 727
,SIC SERVICE 7 5 909
:PANDED SERV 7 5 909
,SIC SERVICE 7 6 1091
:PANDED SERV 7 6 1091
,SIC SERVICE 7 7 1273
:PANDED SERV 7 7 1273
2006
RATE
AS OF
07/01/2006
1,257.24
1,447.27
2,306.82
2,453.21
3,341.62
3,487.46
4,362.25
4,590.45
5,392.66
5,810.69
6,466.34
7,121.64
7,597.68
8,277.79
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
57.63
66.34
105.74
112.46
153.18
159.85
199.96
210.41
247.19
266.35
296.40
326.44
348.27
379.43
EXHmI3~2QAGE3
2007
RATE
AS OF
07/0112007
1,314.87
1,513.61
2,412.56
2,565.67
3,494.80
3,647.31
4,562.21
4,800.86
5,639.85
6,077.04
6,762.74
7,448.08
7,945.95
8,657.22
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2007
EXIDBIT G
COMMERCIAL RECYCLE
2 Yard Container
ll(ate: "Expanded Service" is defined as a c:ontau;,er pushout in excess aflS feet.
CPI Adjustment is 66.66% of CPI "" 2.27%
City Franchise Fee "" 8.000/0
Ab939 Fee:o 5.00%
RATE # WKLY YARDS
LEVEL BINS LIFTS IMO
BASIC SERVICE 1 1 9
3XPANDED SERV 1 1 9
BASIC SERVICE 1 2 17
3XPANDED SERV 1 2 17
BASIC SERVICE 1 3 26
3XPANDED SERV 1 3 26
BASIC SERVICE 1 4 35
3XPANDED SERV 1 4 35
BASIC SERVICE 1 5 43
3XPANDED SERV 1 5 43
BASIC SERVICE 2 1 17
3XPANDED SERV 2 1 IT
BASIC SERVICE 2 2 35
EXPANDED SERV 2 2 35
BASIC SERVICE 2 3 52
EXPANDED SERV 2 3 52
BASIC SERVICE 2 4 69
EXPANDED SERV 2 4 69
BASIC SERVICE 2 5 87
EXPANDED SERV 2 5 87
BASIC SERVICE 3 1 26
EXPANDEDSERV 3 I 26
BASIC SERVICE 3 2 52
EXPANDED SERV 3 2 52
BASIC SERVICE 3 3 78
EXPANDED SERV 3 3 78
BASIC SERVICE 3 4 104
EXPANDED SERV 3 4 104
BASIC SERVICE 3 5 130
EXPANDED SERV 3 5 130
2006
RATE
AS OF
0710112006
46.01
46.01
46.01
46.01
60.45
60.45
80.59
80.59
100.74
100.74
46.01
46.01
46.01
46.01
120.88
120.88
161.17
161.17
201.48
201.48
46.01
46.01
120.88
120.88
181.33
181.33
241.77
241.77
302.21
302.21
EXHlBIT:f-=ztGE 1
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 ~ 5.0%
2.12
2.12
2.12
2.12
2.77
2.77
3.70
3.70
4.62
4.62
2.12
2.12
2.12
2.12
5.53
5.53
7.39
7.39
9.23
9.23
2.12
2.12
5.53
5.53
8.32
8.32
11.09
11.09
13.85
13.85
2007
RATE
AS OF
0710112007
48.13
48.13
48.13
48.13
63.22
63.22
84.29
84.29
105.36
105.36
48.13
48.13
48.13
48.13
126.41
126.41
168.56
168.56
210.71
210.71
48.13
48.13
126.41
126.41
189.65
189.65
252.86
252.86
316.06
316.06
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2007
EXHIBIT G
COMMERCIAL RECYCLE
2 Yard Container
)te; "Expanded Service" is defined as a container pushout in excess of 2S feet.
CPI Adjustment is 66.66% ofCPI "" 2.27%
City Franchise Fee"" 8.000/0
Ab939 Fee - 5.00%
RATE # WKLY YARDS
LEVEL BINS LIFTS IMO
\SIC SERVICE 4 1 35
CPANDED SERV 4 1 35
\SIC SERVICE 4 2 69
CPANDED SERV 4 2 69
\SIC SERVICE 4 3 104
CPANDED SERV 4 3 104
\SIC SERVICE 4 4 139
CPANDED SERV 4 4 139
\SIC SERVICE 4 5 173
CPANDED SERV 4 5 173
\SIC SERVICE 5 1 43
CPANDED SERV 5 1 43
\SIC SERVICE 5 2 87
CPANDED SERV 5 2 87
\SIC SERVICE 5 3 130
CPANDED SERV 5 3 130
\SIC SERVICE 5 4 173
CPANDED SERV 5 4 173
\-SIC SERVICE 5 5 217
CPANDED SERV 5 5 217
\-SIC SERVICE 6 1 52
CPANDED SERV 6 1 52
...SIC SERVICE 6 2 104
CPANDED SERV 6 2 104
...SIC SERVICE 6 3 156
CPANDED SERV 6 3 156
...SIC SERVICE 6 4 208
ICPANDED SERV 6 4 208
...SIC SERVICE 6 5 260
ICPANDED SERV 6 5 260
2006
RATE
AS OF
07/0112006
46.01
46.01
161.17
161.17
241.77
241.77
322.36
322.36
402.95
402.95
100.74
100.74
201.48
201.48
302.21
302.21
402.95
402.95
503.69
503.69
120.88
120.88
241.77
241.77
362.65
362.65
483.53
483.53
604.42
604.42
EXHIBIfSi2AGE 2
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
2.12
2.12
7.39
7.39
11.09
11.09
14.78
14.78
18.47
18.47
4.62
4.62
9.23
9.23
13.85
13.85
18.47
18.47
23.09
23.09
5.53
5.53
11.09
11.09
16.62
16.62
22.16
22.16
27.71
27.71
2007
RATE
AS OF
07/0112007
48.13
48.13
168.56
168.56
252.86
252.86
337.14
337.14
421.42
421.42
105.36
105.36
210.71
210.71
316.06
316.06
421.42
421.42
526.78
526.78
126.41
126.41
252.86
252.86
379.27
379.27
505.69
505.69
632.13
632.13
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY I, 2007
EXHIBIT G
COMMERCIAL RECYCLE
3 Yard Container
Note: "Expanded Service" is defined as a container pushout in excess of25 feet.
ePI Adjustment is 66.66% of ePI s 2.270/0
City FranchJse Fee"" 8.00%
Ab939 Fee "" 5~OO%
RATE # WKLY YARDS
LEVEL BINS LIFTS IMO
BASIC SERVICE I I 13
EXPANDED SERV I I 13
BASIC SERVICE 1 2 26
EXPANDED SERV 1 2 26
BASIC SERVICE I 3 39
EXPANDED SERV I 3 39
BASIC SERVICE I 4 52
EXPANDED SERV I 4 52
BASIC SERVICE I 5 65
EXPANDED SERV I 5 65
BASIC SERVICE 2 I 26
EXPANDED SERV 2 I 26
BASIC SERVICE 2 2 52
EXPANDED SERV 2 2 52
BASIC SERVICE 2 3 78
EXPANDED SERV 2 3 78
BASIC SERVICE 2 4 104
EXPANDED SERV 2 4 104
BASIC SERVICE 2 5 130
EXPANDED SERV 2 5 130
BASIC SERVICE 3 1 39
EXPANDED SERV 3 1 39
BASIC SERVICE 3 2 78
EXPANDED SERV 3 2 78
BASIC SERVICE 3 3 117
EXPANDED SERV 3 3 117
BASIC SERVICE 3 4 156
EXPANDEDSERV 3 4 156
BASIC SERVICE 3 5 195
EXPANDED SERV 3 5 195
2006
RATE
AS OF
07/0112006
46.01
46.01
46.01
46.01
90.66
90.66
120.88
120.88
151.10
151.10
46.01
46.01
108.79
108.79
163.19
163.19
217.59
217.59
271.98
271.98
90.66
90.66
163.19
163.19
244.79
244.79
326.39
326.39
407.99
407.99
EXHlB13~3AGE I
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
2.12
2.12
2.12
2.12
4.16
4.16
5.53
5.53
6.92
6.92
2.12
2.12
4.98
4.98
7.47
7.47
9.97
9.97
12.47
12.47
4.16
4.16
7.47
7.47
11.22
11.22
14.97
14.97
18.70
18.70
2007
RATE
AS OF
07/0I/2007
48.13
48.13
48.13
48.13
94.82
94.82
126.41
126.41
158.02
158.02
48.13
- 48.13
113.77
113.77
170.66
170.66
227.56
227.56
284.45
284.45
94.82
94.82
170.66
170.66
256.01
256.01
341.36
341.36
426.69
426.69
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2007
EXHIBIT G
COMMERCIAL RECYCLE
3 Yard Container
lote: "Expanded Service" is defined as a container pushout in excess of25 feet.
CPI Adjustment is 66.66% ofCPI:;; 2.270/0
City Franchise Fee"" 8.000/0
Ab939 Fee"" 5.00%
RATE # WKLY YARDS
LEVEL BINS LIFTS IMO
IASIC SERVICE 4 1 52
OO'ANDEDSERV 4 1 52
IASIC SERVICE 4 2 104
OO'ANDEDSERV 4 2 104
IASIC SERVICE 4 3 156
iXPANDED SERV 4 3 156
IASIC SERVICE 4 4 208
OO'ANDEDSERV 4 4 208
IASIC SERVICE 4 5 260
:XPANDED SERV 4 5 260
IASIC SERVICE 5 1 65
:XPANDED SERV 5 1 65
IASIC SERVICE 5 2 130
iXPANDED SERV 5 2 130
IASIC SERVICE 5 3 195
iXPANDED SERV 5 3 195
IASIC SERVICE 5 4 260
iXPANDED SERV 5 4 260
IASIC SERVICE 5 5 325
iXPANDED SERV 5 5 325
IASIC SERVICE 6 1 78
:XPANDED SERV 6 1 78
IASIC SERVICE 6 2 156
iXPANDED SERV 6 2 156
IASIC SERVICE 6 3 234
OO'ANDEDSERV 6 3 234
IASIC SERVICE 6 4 312
OO'ANDED SERV 6 4 312
IASIC SERVICE 6 5 390
:XPANDED SERV 6 5 390
2006
RATE
AS OF
07/0112006
108.79
108.79
217.59
217.59
326.39
326.39
435.19
435.19
543.98
543.98
135.99
135.99
271.98
271.98
407.99
407.99
543.98
543.98
679.97
679.97
163.19
163.19
326.39
326.39
489.58
489.58
652.77
652.77
815.96
815.96
EXHlBW_<2-4'AGE 2
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
4.98
4.98
9.97
9.97
14.97
14.97
19.95
19.95
24.93
24.93
6.23
6.23
12.47
12.47
18.70
18.70
24.93
24.93
31.17
31.17
7.47
7.47
14.97
14.97
22.45
22.45
29.92
29.92
37.40
37.40
2007
RATE
AS OF
07/01/2007
113.77
113.77
227.56
227.56
341.36
341.36
455.14
455.14
568.91
568.91
142.22
142.22
284.45
284.45
426.69
426.69
568.91
568.91
711.14
711.14
170.66
170.66
341.36
341.36
512.03
512.03
682.69
682.69
853.36
853.36
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2007
EXHIBIT G
COMMERCIAL RECYCLE
4 Yard Container
Note: "Expanded Service" is defmed as a' container pushout in excess. of 2S feet.
CPI Adjustment is 66.66% of ePI - 2.270/0
City Franchise Fee"" 8.00%
Ab939 Fee"" 5.000/0
RATE # WKLY YARDS
LEVEL BINS LIFTS /MO
BASIC SERVICE 1 1 17
EXPANDED SERV 1 1 17
BASIC SERVICE 1 2 35
EXPANDED SERV 1 2 35
BASIC SERVICE 1 3 52
EXPANDED SERV 1 .3 52
BASIC SERVICE. 1 4 69
EXPANDED SERV 1 4 69
BASIC SERVICE 1 5 87
EXPANDEDSERV 1 5 87
BASIC SERVICE 2 1 35
EXPANDED SERV 2 1 35
BASIC SERVICE 2 2 69
EXPANDED SERV 2 2 69
BASIC SERVICE 2 3 104
EXPANDED SERV 2 3 104
BASIC SERVICE 2 4 139
EXPANDED SERV 2 4 139
BASIC SERVICE 2 5 173
EXPANDED SERV 2 5 173
BASIC SERVICE 3 1 52
EXPANDED SERV 3 1 52
BASIC SERVICE 3 2 104
EXPANDED SERV 3 2 104
BASIC SERVICE 3 3 156
EXPANDED SERV 3 3 156
BASIC SERVICE 3 4 208
EXPANDED SERV 3 4 208
BASIC SERVICE 3 5 260
EXPANDED SERV 3 5 260
2006
RATE
AS OF
07/0112006
46.01
46.01
46.01
46.01
120.88
120.88
16L17
161.17
201.48
201.48
46.01
46.01
145.06
145.06
217.59
217.59
290.12
290.12
362.65
362.65
108.79
108.79
217.59
217.59
326.39
326.39
435.19
435.19
543.98
543.98
EXlllBIS.9zS'AGE 1
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
2.12
2.12
2.12
2.12
5.53
5.53
7.39
7.39
9.23
9.23
2.12
2.12
6.65
6.65
9.97
9.97
13.30
13.30
16.62
16.62
4.98
4.98
9.97
9.97
14.97
14.97
19.95
19.95
24.93
24.93
2007
RATE
AS OF
07/0112007
48.13
48.13
48.13
48.13
126.41
126.41
168.56
168.56
210.71
210.71
48.13
48.13
151.71
151.71
227.56
227.56
303.42
303.42
379.27
379.27
113.77
113.77
227.56
227.56
341.36
341.36
455.14
455.14
568.91
568.91
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2007
EXHIBIT G
COMMERCIAL RECYCLE
4' Yard Container
te: "Expanded Service" is defined as a container pushout in excess of25 feet.
CPI Adjustment is 66.66% of CPI '"' 2.270/0
City Fram:hise Fee = 8.00%
Ab939 Fee = 5.00%
RATE # WKLY YARDS
LEVEL BINS LIFTS IMO
,SIC SERVICE 4 I 69
J>ANDED SERV 4 1 69
,SIC SERVICE 4 2 139
J>ANDED SERV 4 2 139
,SIC SERVICE 4 3 208
J>ANDED SERV 4 3 208
,SIC SERVICE 4 4 277
J>ANDED SERV '4 4 277
,SIC SERVICE 4 5 347
J>ANDED SERV 4 5 347
,SIC SERVICE 5 .1 87
:PANDED SERV 5 1 87
,SIC SERVICE 5 2 173
J>ANDED SERV 5 2 173
,SIC SERVICE 5 3 260
:PANDED SERV 5 3 260
,SIC SERVICE 5 4 347
J>ANDED SERV 5 4 347
.SIC SERVICE 5 5 433
J>ANDED SERV 5 5 433
,SIC SERVICE 6 1 104
J>ANDED SERV 6 1 104
.SIC SERVICE 6 2 208
J>ANDED SERV 6 2 208
.SIC SERVICE 6 3 312
J>ANDED SERV 6 3 312
.SIC SERVICE 6 4 416
J>ANDEDSERV 6 4 416
.SIC SERVICE 6 5 520
:PANDED SERV 6 5 520
2006
RATE
AS OF
07/0112006
145.06
145.06
290.12
290.12
435.19
435.19
580.25
580.25
725.31
725.31
. 181.33
181.33
362.65
362.65
543.98
543.98
725.31
725.31
906.63
906.63
217.59
217.59
435.19
435.19
652.77
652.77
870.36
870.36
1,087.96
1,087.96
EXillBI322 SAGE 2
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
6.65
6.65
13.30
13.30
19.95
19..95
26.59
26.59
33.25
33.25
8.32
8.32
16.62
16.62
24.93
24.93
33.25
33.25
4155
41.55
9.97
9.97
19.95
19.95
29.92
29.92
39.90
39.90
49.87
49.87
2007
RATE
AS OF
07/01/2007
151.71
151.71
303.42
303.42
455.14 .
455:14.
606.84
606.84
758.56
758.56
189.65
189.65
379.27
379.27
568.91
568.91
758.56
758.56
948.18
948.18
227.56
227.56
455.14
455.14
682.69
682.69
910.26
910.26
1,137.83
1,137.83
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY 1, 2007
EXHIBIT G
COMMERCIAL RECYCLE
5 Yard Container
Note: "Expanded Service" is defined as a container pushout in excess of 25 feet.
CPI Adjustment is 66.66% of CPI = 2.27%
City Franchise Fee'" 8.00%
Ab939 Fee = 5.00%
RATE # WKLY YARDS
LEVEL BINS LIFTS IMO
BASIC SERVICE 1 1 22
EXPANDED SERV 1 1 22
BASIC SERVICE 1 2 43
EXPANDED SERV 1 2 43
BASIC SERVICE 1 3 65
EXPANDED SERV 1 3 65
BASIC SERVICE 1 4 87
EXPANDED SERV 1 4 87
BASIC SERVICE 1 5 108
EXPANDED SERV 1 5 108
BASIC SERVICE 2 1 43 I
EXPANDED SERV 2 1 43
BASIC SERVICE 2 2 87
EXPANDED SERV 2 2 87
BASIC SERVICE 2 3 130
EXPANDED SERV 2 3 130
BASIC SERVICE 2 4 173
EXPANDED SERV 2 4 173
BASIC SERVICE 2 5 217
EXPANDED SERV 2 5 217
BASIC SERVICE 3 1 65
EXPANDED SERV 3 1 65
BASIC SERVICE 3 2 130
EXPANDED SERV 3 2 130
BASIC SERVICE 3 3 195
EXPANDED SERV 3 3 195
BASIC SERVICE 3 4 260
EXPANDED SERV 3 4 260
BASIC SERVICE 3 5 325
EXPANDED SERV 3 5 325
2006
RATE
AS OF
07/0112006
46.01
46.01
90.66
90.66
132.74
135.99
181.33
181.33
226.66
226.66
90.66
90.66
181.33
181.33
271.98
271.98
362.65
362.65
453.31
453.31
135.99
135.99
271.98
271.98
407.99
407.99
543.98
543.98
679.97
679.97
EXHIBIS.927AGE 1
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
2.12
2.12
4.16
4.16
6.09
6.23
8.32
8.32
10.39
10.39
4.16
4.16
8.32
8.32
12.47
12.47
16.62
16.62
20.78
20.78
6.23
6.23
12.47
12.47
18.70
18.70
24.93
24.93
31.17
31.17
2007
RATE
AS OF
07/0112007
48.13
48.13
94.82
94.82
138.83
142.22
189.65
189.65
237.05
237.05
94.82
94.82
189.65
189.65
284.45
284.45
379.27
379.27
474.09
474.09
142.22
142.22
284.45
284.45
426.69
426.69
568.91
568.91
711.14
711.14
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES. EFFECTIVE JULY 1, 2007
EXHIBIT G
COMMERCIAL RECYCLE
5 Yard Container
ute: "Expanded Service" is defined as a container pushout in excess of25 feet.
CPI Adjustment is 66.66% of CPI "" 2.27%
City Franchise Fee'" 8.00%
Ab939 Fee'" 5.000/0
RATE # WKLY YARDS
LEVEL BINS LIFTS /MO
ASIC SERVICE 4 1 87
XPANDED SERV 4 I 87
ASIC SERVICE 4 2 173
XPANDED SERV 4 2 173
ASIC SERVICE 4 3 260
XPANDED SERV 4 3 260
ASIC SERVICE 4 4 347
XPANDED SERV 4 4 347
ASIC SERVICE 4 5 433
XPANDED SERV 4 5 433
ASIC SERVICE 5 I 108
XPANDED SERV 5 I 108
ASIC SERVICE ,.... 5 2 217
XPANDED SERV 5 2 217
ASIC SERVICE . 5 3 325
XPANDED SERV 5 3 325
ASIC SERVICE 5 4 433
XPANDED SERV 5 4 433
ASIC SERVICE 5 5 542
XPANDED SERV 5 5 542
ASIC SERVICE 6 I 130
XPANDED SERV 6 1 130
ASIC SERVICE 6 2 260
XPANDED SERV 6 2 260
ASIC SERVICE 6 3 390
XPANDED SERV 6 3 390
ASIC SERVICE 6 4 520
XPANDED SERV 6 4 520
ASIC SERVICE 6 5 650
XPANDED SERV 6 5 650
2006
RATE
AS OF
07/01/2006
181.33
181.33
362.65
362.65
543.98
543.98
725.31
725.31
906.63
906.63
226.66
226.66
453.31
453.31
679.97
679.97
906.63
906.63
1,133.29
1,133.29
271.98
271.98
543.98
543.98
815.96
815.96
1,087.96
1,087.96
1,359.94
1,359.94
EXHIBl}_GzaAGE2
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
8.32
8.32
16.62
16.62
24.93
24.93
33.25
33.25
41.55
41.55
10.39
10.39
20.78
20.78
31.17
31.17
41.55
41.55
51.94
51.94
12.47
12.47
24.93
24.93
37.40
37.40
49.87
49.87
62.33
62.33
2007
RATE
AS OF
07/01/2007
189.65
189.65
379.27
379.27
568.91
568.91
758.56
758.56
948.18
948.18
237.05
237.05
474.09
474.09
711.14
711.14
. 948.18
948.18
1.185.23
1,185.23
284.45
284.45
568.91
568.91
853.36
853.36
1,137.83
1,137.83
1,422.27
1,422.27
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES. EFFECTIVE JULY 1, 2007
EXHIBIT G
COMMERCIAL RECYCLE
6 Yard Container
Note: "Expanded Service" is defined as a container pushout in excess of25 feet.
ePI Adjustment Is 66.66% of CPI .. 2.27%
City Franchise Fee"" 8.000/0
Ab939 Fee"" 5.000/0
RATE # WKLY YARDS
LEVEL BINS LIFrS IMO
BASIC SERVICE 1 1 26
EXPANDED SERV 1 1 26
BASIC SERVICE 1 2 52
EXPANDED SERV 1 2 52
BASIC SERVICE 1 3 78
EXPANDED SERV 1 3 78
BASIC SERVICE 1 4 104
EXPANDED SERV 1 4 104
BASIC SERVICE 1 5 130
EXPANDED SERV 1 5 130
BASIC SERVICE 2 1 52
EXPANDED SERV 2 1 52
BASIC SERVICE 2 2 104
EXPANDEDSERV 2 2 104
BASIC SERVICE 2 3 156
EXPANDED SERV 2 3 156
BASIC SERVICE 2 4 208
EXPANDED SERV 2 4 208
BASIC SERVICE 2 5 260
EXPANDED SERV 2 5 260
BASIC SERVICE 3 1 78
EXPANDED SERV 3 1 78
BASIC SERVICE 3 2 156
EXPANDED SERV 3 2 156
BASIC SERVICE 3 3 234
EXPANDED SERV 3 3 234
BASIC SERVICE 3 4 312
EXPANDED SERV 3 4 312
BASIC SERVICE 3 5 390
EXPANDED SERV 3 5 390
2006
RATE
AS OF
07/0112006
46.01
46.01
108.79
108.79
159.29
163.19
217.59
. .217.59
271.98
27L98
108.79
108.79
217.59
217.59
326.39
326.39
435.19
435.19
543.98
543.98
163.19
163.19
326.39
326.39
489.58
489.58
652.77
652.77
815.96
815.96
EXHIBIS ~2 ~AGE 1
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
2.12
2.12
4.98
4.98
7.29
7.47
9.97
9.97
12.47
12.47
4.98
4.98
9.97
9.97
14.97
14.97
19.95
19.95
24.93
24.93
7.47
7.47
14.97
14.97
22.45
22.45
29.92
29.92
37.40
37.40
2007
RATE
AS OF
07/0112007
48.13
48.13
113.77
113.77
166.58
170.66
227.56
227.56
284.45
284.45
113.77
113.77
227.56
227.56
341.36
341.36
455.14
455.14
568.91
568.91
170.66
170.66
341.36
341.36
512.03
512.03
682.69
682.69
853.36
853.36
CITY OF CHULA VISTA
2007 COMMERCIAL TRASH RATES - EFFECTIVE JULY I, 2007
EXIDBlT G
COMMERCIAL RECYCLE
6 Yard Container
Ite: "Expanded Service" is defined as a container pushout in excess of25 feet.
CPIAdjustment is 66.66% ofCPI "" 2.27%
City Franchise Fee"" 8.00%
Ab939 Fee - 5.000/0
RATE # WKLY YARDS
LEVEL BINS LIFTS /MO
ISIC SERVICE 4 1 104
U'ANDED SERV 4 1 104
ISIC SERVICE 4 2 208
U'ANDED SERV 4 2 208
ISIC SERVICE 4 3 312
U'ANDED SERV 4 3 312
ISIC SERVICE 4 4 416
[PANDED SERV 4 4 416
ISIC SERVICE 4 5 520
[PANDED SERV 4 5 520
ISIC SERVICE 5 1 130
U'ANDED SERV 5 1 130
ISIC SERVICE 5 2 260
U'ANDED SERV 5 2 260
ISIC SERVICE 5 3 390
U'ANDED SERV 5 3 390
ISIC SERVICE 5 4 520
U'ANDED SERV 5 4 520
ISIC SERVICE 5 5 650
U'ANDED SERV 5 5 650
ISIC SERVICE 6 1 156
U'ANDED SERV 6 1 156
ISIC SERVICE 6 2 312
U'ANDEDSERV 6 2 312
ISIC SERVICE 6 3 468
CPANDED SERV 6 3 468
ISIC SERVICE 6 4 624
CPANDED SERV 6 4 624
ISIC SERVICE 6 5 780
(PANDED SERV 6 5 780
2006
RATE
AS OF
07/0112006
217.59
217.59
435.19
435.19
652.77
652.77
870.36
870.36
1,087.96
. 1,087.96
271.98
271.98
543.98
543.98
815.96
815.96
1,087.96
1,087.96
1,359.94
1,359.94
326.39
326.39
652.77
652.77
979.17
979.17
1,305.55
1,305.55
1,631.94
1,631.94
ExmBr~g3BAGE2
2007 RATE
INCREASE
CPI = 2.27
FF = 8.0%
AB939 = 5.0%
9.97
9.97
19.95
19.95
29.92
29.92
39.90
39.90
49.87
49.87
12.47
12.47
24.93
24.93
37.40
37.40
49.87
49.87
62.33
62.33
14.97
14.97
29.92
29.92
44.89
44.89
59.84
59.84
74.80
74.80
2007
RATE
AS OF
07/0112007
227.56
227.56
455.14
455.14
682.69
682.69
910.26
910.26
1,137.83
1,137.83
284.45
284.45
568.91
568.91
853.36
853.36
1,137.83
1,137.83
1,422.27
1,422.27
341.36
341.36
682.69
682.69
1,024.06
1,024.06
1,365.39
1,365.39
1,706.74
1,706.74
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
~f:.. CITY OF
- - (HULA VISTA
SEPTEMBER 25, 2007, Item~
RESOLUTION OF THE CHULA VISTA CITY
COUNCIL AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH
OBTAINING LOANS THROUGH THE CALIFORNIA
ENERGY COMMISSION AND THE SDG&E ON-BILL
FINANCING PROGRAM, NOT TO EXCEED A TOTAL OF
TWO MILLION DOLLARS.
DIRECTOR OF CONSE..RVATION & ENVIRONMENT~
SERVICES 7//1 I / ~
errY MANAGER r
4/5THS VOTE: YES D NO 0
SUMMARY
Staff is requesting authorization to enter into a combination of agreements for loans from the
California Energy Commission (CEC) and "On-Bill Financing" with SDG&E. The loans
would bridge the financial gap between energy conservation project capital costs and the
available rebates for energy conservation equipment.
The estimated annual debt service for all the proposed projects is $90,200, which is less than
the projected annual savings of $137,824. The SDG&E and City of Chula Vista Energy
Conservation Partnership funds the personnel costs to identifY, analyze and administer
implementation of the individual projects. Staff is requesting authorization to use a
combination ofloans and On-Bill Financing for up to two million dollars to: (I) address the
funding gap for the attached list of capital projects; and (2) fund additional energy
conservation and renewable energy projects that staff anticipates adding to the list during the
remaining Partnership Program cycle which ends December 2008.
BACKGROUND
Public Goods Charges are collected from a monthly utility bill surcharge of approximately
$0.05 per gas therm and $0.006 per electric kilowatt consumed by every customer in the
SDG&E service territory. The Public Goods Charges are used to Implement Public Purpose
Programs, including but not limited to residential and commercial energy efficiency and
4-1
SEPTEMBER 25, 2007, Item~
Page 2 of 4
conservation programs. The October 2004 Memorandum of Understanding between
SDG&E and the City provides that SDG&E involve the City more directly in the
development and delivery of up to $2,000,000 in Public Purpose Programs funded by Public
Goods Charges to ensure that Chula Vista residents and businesses have access to their fair
share of Public Goods Programs, and that future programs meet their needs. Both agencies
have worked with the California Public Utilities Commission (CPUC) to directly involve the
City in more effectively delivering energy efficiency, conservation, demand management
and alternative energy programs to Chula Vista residents, businesses and City facilities.
Council approved the agreement that executed the Energy Partnership Program and
appropriated the first calendar year funding for the Conservation & Environmental Services
Department (CES) on September 19, 2006. Council appropriated the 2007 CES funds in
December of 2006 and appropriated the General Services Department funds for 2006 and
2007 in February 2007.
The SDG&E and City Energy Conservation Partnership began providing the City with
$731,075 per calendar vear from October 2006 through December 31, 2008. The
Partnership was a CPUC concept that funded the City and SDG&E to work together to offer
education/outreach and marketing support to reduce the amount of kilowatts (electricity) and
therms (gas) consumed by a targeted group of energy customers that are either not fully
participating or not eligible for existing programs. The Partnership also provides funding to
promote energy conservation at City facilities to increase their participation and provide a
demonstration project for commercial energy consumers. Finally, the Partnership is intended
to establish additional energy management capacity and knowledge in the General Services
and Public Works Departments to extend project savings beyond the grant term, and to
identifY and implement additional savings in the future.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the activity
is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it
involves only the financing of projects that have already been approved for implementation;
therefore, pursuant to Section 15060(c) (3) of the State CEQA Guidelines the activity is not
subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute all documents in conjunction
with obtaining loans from the CEC and the SDG&E On-Bill Financing Program, not to
exceed a total of two million dollars.
BOARDS/COMMISSION RECOMMENDATION
The recommendation provides funding to implement the SDG&E Partnership program that
was submitted to the Resource Conservation Commission in 2006. The RCC did not take
formal action however they supported the programs by general consensus.
4-2
SEPTEMBER 25, 2007, Item~
Page 3 of4
DISCUSSION
Since the beginning of the SDG&E/Chula Vista Partnership in September 2006, CES staff
has visited over 2,000 businesses and residents performing energy assessments and
replacing traditional lighting with compact fluorescent light bulbs that have reduced
electrical demand in the community by approximately 800,000kWh. CES has also worked
with businesses to install approximately 500 energy efficient dish washing spray rinse valves
that have reduced natural gas consumption by approximately 130,000 therms. In addition,
Economic Development and Redevelopment are playing a critical role in expanding and
improving energy efficiency in a number of redevelopment and affordable housing projects
by coordinating energy modeling and rebate assistance funded through the Partnership.
General Services has been using their portion of the Partnership to fund the staff costs
associated with identifYing, analyzing and ranking the cost effectiveness of energy
conservation capital projects that will reduce city energy consumption by more than
1,100,000kWh in 14 City facilities (Attachment I). General Services has completed the first
project which reduces energy consumption by 60,000kWh per year, cost approximately
$600, and saves the City $'500 per year.
The attached list of projects outlines the City's eligibility for rebates that cover $90,959 or
approximately 17% of the total estimated project costs of $525,680. That leaves a funding
gap of $434,721 needed to complete the list of projects. The projects have an average
payback of 2.98 years and will generate an estimated $137,824 in annual savings, which
continues for several years after the projects are repaid. Additionally, these savings are
based on current rates and do not include the additional savings from increased rates if the
proposed electricity and natural gas rate increases currently before the California Public
Utilities Commission (CPUC) are approved.
The On-Bill Financing (Attachment 2) and California Energy Commission (CEC) Loan
Programs (Attachment 3) provide a financial bridge that eliminates the up front costs needed
to implement the projects, and allows the City to fund the projects with the monthly energy
bill savings. The CEC loan option includes a simple 3.95% interest rate with a term equal to
the payback period. If all projects are financed with a CEC loan, fmancing costs are
estimated to be $16,499. The SDG&E On-Bill Financing Program is interest free; however
use of the On-Bill Financing program reduces rebates by 10% or at least $17,379 for the
current list of projects. The On-Bill Financing program is also limited to projects valued at
$50,000 or less per facility electric meter. At least three projects on the current list are not
eligible for On-Bill Financing.
The California Center for Energy Sustainability, formerly the San Diego Regional Energy
Office verifies the rebate eligibility, monthly energy savings and estimates the payback
period for projects. The CEC and SDG&E also verify that the projects are capable of
generating the savings required to repay their program's debt service before they approve
their respective loan or On-Bill Financing program that provides the funding to implement
the project. The City is responsible for paying the debt service whether or not the savings are
realized. Staff is requesting this authority now because SDG&E did not inform General
4-3
SEPTEMBER 25, 2007, Item~
Page 4 of 4
Services that the City could not use Partnership funds to pay for the remaining infrastructure
costs until late July of this year. Therefore, staff may not be able to complete all the projects
initially presented to Council by General Services earlier this year.
The proposed projects will produce immediate environmental benefits by reducing energy
consumption. The Partnership will also fund personnel costs for implementing the
conservation projects. Staff is also working with SDG&E and other City Departments to
identify project priorities for the remaining Partnership funds that meet the state's kilowatt
savings requirements, the City's environmental goals and help reduce general fund costs
whenever possible.
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
Adoption of the resolution will have no negative impact on the general fund. Project costs
will be paid by the general fund but will be immediately reimbursed by the loan. The loan
will be repaid with the monthly electricity bill savings generated by the project, there is no
additional general fund cost. The $137,824 in annual savings outlined in the attached project
list will offset the $90,000 in annual debt service for CEC Loans or the SDG&E On-Bill
Financing costs. The potential for some immediate savings will be subject to the timing of
each project's completion and the term of the CEC loan package. The City will begin to
accrue net savings of approximately $128,000 per year by the end of the fifth year. The
rebates, projected savings and payback period are calculated and verified by an independent
third party and the funding agents, however the City is responsible for payment of the debt
service regardless of whether or not the energy savings are produced. Staff will use the
remaining loan capacity to implement projects that complement Partnership funding, meet
or exceed the State kilowatt reductions goals, produce the greatest general fund savings and
advance the City's renewable energy, energy conservation and sustainability goals.
ATTACHMENTS
Project List
On-Bill Financing Description
CEC Loan Description
Prepared by: Michael Meacham, Director, Conservation & Environmental Services Department
4-4
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A ~ se~~ia ~nergy utility"
On-Bill Financing prbgram
What is On-Bill Financing?
The On-Bill Financing (OBF) program helps
qualified commercial customers pay for
energy-efficient business improvements
through their SOG&E. bill. OBF works in
conjunction with the SOG&E rebate and
incentive programs listed to provide
a zero-percent financing option for
customers eligible to participate in
such rebate and incentive programs.
Who is eligible?
Customers eligible for On-Bill Financing
must receive a rebate through an SOG&E
energy-efficiency program listed and
have an active SOG&E account for the
past two years for the same business.
The account must be in good standing,
with no deposit on record, and no dis-
connect notices in the last twelve months.
The following customers are eligible for
financing through Small Business Super
Saver, Standard Performance Contract,
Energy Savings Bid and Tax Exempt
Customer programs:
. Business customers with an account on
a commercial, industrial or agricultural
rate that has a monthly electric
demand under 100 kW and/or under an
average monthly natural gas usage of
4,166 therms
The following customers are eligible for
financing through Express Efficiency,
Standard Performance Contract, Energy
Savings Bid and Tax Exempt Customer
programs:
. Local government customers (school
districts, city and county ag encies,
water districts, etc.)
4-6
(ATTACHl"1ENT 2)
Owners of multi-family units who do not
live on the premises may qualify for
financing through the Multi-Family Rebate
program.
How is the loan term calculated?
The loan term for the project is
determined by the repayment period of
the equipment selected through the
eligible program(s) and is calculated based
on estimated annual energy savings not to
exceed the maximum loan term. The
maximum loan term is five (5) years.
Funds must be used for the purchase
and installation of qualifying energy
efficiency measures.
What are the loan limits?
The project cost, per meter, per customer
(after reduced rebates or incentives are
applied), must be a minimum of $5,000.
The maximum loan amount is $50,000, and
the maximum length of a loan is five years.
How does On-Bill Financing
affect the measure rebate
amount?
Customers who elect to participate in OBF
will have their rebate/incentive reduced by
10% in exchange for the loan. This allows
SOG&E to provide more rebates to
businesses interested in making energy-
efficient upgrades.
How do I apply?
To find out more about this program,
its details, and its terms and conditions,
(continued)
(ATTACHMENT 3)
EASY
LOANS
No application fees, points, or hidden costs
FINANCING FOR ENERGY EFFICIENCY
& ENERGY GENERATION -PROJECTS
P P II
I
N
Public schools & colleges
public Hospitals
Local Governments
special Districts
public Care Institutions
CEC-400-2007 -010
4-7
Are You Eligible?
. Public Schools and Colleges
. Cities
. Counties
. Special Districts
. Public Hospitals
. Pu blic Care Institutions
Does Your Facility Qualify?
Existing buildings or other energy using
facilities are eligible. Some new buildings
and facilities may also be eligible. Please
call to discuss eligibility.
How Much is Available?
Does Your Project Qualify?
Please call for latest funding availability.
Loans can finance up to 100 percent of the
project costs.
You can purchase and install any
commercially-available energy efficiency
equipment with proven energy and/or
capacity savings. Examples of qualified
projects:
When Should You Submit Your
Application?
. Lighting
. Motors and pumps
. Heating and air conditioning systems
. Automated energy management
systems and controls
. Cogeneration equipment
. Light emitting diode traffic signal
modules
. Renewable energy systems
. Thermal energy storage systems
Nowl This solicitation is open continuously
with no final filing date. Applications for
funding will be accepted on a first come,
first served basis, reviewed by a technical
committee, and awarded based on project
merit. The Energy Commission reserves
the right to close the solicitation period at
any time, so don't delay. Don't miss this
opportunity.
Projects already funded with an existing
loan or already installed are ineligible.
Please call if you have any questions.
Criteria for Loan Approval
Energy efficiency projects must be
technically and economically feasible.
Loans must be repaid from savings within
15 years, including principal and interest.
This results in an approximate 1 a-year
simple payback.
Simple = Amount of Loan ($)
Payback (yrs)
Loans for energy audits and feasibility
studies may be considered. Call for
information regarding eligibility.
When Can You Start Your Project?
Anticipated Annual Energy
Cost Savings ($/yr)
Your application must be on file before you
can start your project, and only project-
related costs that are invoiced and paid
for after Energy Commission approval
may be included in the loan request.
Applicants assume all financial risk should
the Commission disapprove the application
or if all loan documents are not executed. If
the loan is disapproved for any reason, the
Energy Commission is not responsible for
reimbursement of any costs.
Interest Rate
The intmest rate is a fixed 3.95 percent for
the terrn of the loan.
Loan Security Requirements
It's simple. A promissory note, a loan
agreement between you and the Energy
Commission, and a Tax Certificate are all
that is required to secure the loan. Please
call to get a copy of these documents or you
can download them at: htto://www.enerav.
ca. aov/efficiencv/financina/index.html
How Are Funds Disbursed?
The funds are available on a reimbursement
basis. For each reimbursement request,
receipts and invoices for incurred expenses
must be submitted along with payment
verification by your organization. The final
10 percent of the funds will be retained until
the project is completed. Interest is charged
on the unpaid principal computed from the
date of each disbursement to the borrower.
Repayment Terms
The repayment schedule is based on the
estimated annual projected energy cost
savings from the aggregated project(s),
using energy costs and operating schedules
at the time of loan approval. In some cases,
the loan repayment schedule can be
extended up to 15 years.
Applicants will be billed twice a year after
the projects are completed.
4-9
How Do You Apply? Unless otherwise specified in the "Other Information" column,
just submit the information shown below or go to htto:!!enerqY.ca.qoy! efficiency!
financinq!index.html and fill it out on line. Your application must be complete before
processing can begin. For incomplete applications, information must be receiyed within
a specific time or the application will be returned unprocessed.
Application Package Copies Other Information
Items Needed ,
Completed and signed loan Original
plus one
application copy
Completed Summary of
Recommended Energy One copy
Efficiency Measures in Loan
Request Table
The study must contain: a) description of
energy efficiency projects and buildings or
facilities affected by these projects, b)
discussion of baseline energy use for the
Feasibility Study' affected facilities, including annual energy
One copy related utility bills, c) all calculations and
assumptions to support the technical
feasibility and energy savings of the
recommended projects, d) proposed budget
detailing all project costs, and e) proposed
schedule for implementation of the oroiects.
The resolution need not be submitted with
Copy of a signed resolution, the application, but it must be received by
motion, order, etc. from your One copy the time of final loan package signatures.
goveming board (see sample). The title of the official signing the loan
agreement should be the same one named
in the resolution, motion, or order.
. If you are submitting multiple applications, please put each application package in a separate
envelope. If the energy audit/feasibility study is used to justify energy efficiency projects in multiple
applications, submit one copy of the audit/study and indicate the application package that contains the
audit/study. I
4-10
I - -, Where Do I Submit My Application?
Send your application package with the
specified copies to:
c
Who Do I Call?
California Energy Commission
Public Programs Office
Attn: ECAA Loan Program
1516 Ninth Street, MS 42
Sacramento, CA 95814-5512
Call the California Energy Commission
at (916) 654-4147 to discuss project
and facility eligibility, funding
availability, and application
requirements.
Energy Commission staff will review your application and contact you within 15 days. It
may be necessary to arrange a site visit to discuss your project and loan request.
4-11
1. APPLICANT INFORMATION
Applicant:
Mailing ,
Address: City: Zip:
Street City: Zip:
Address:
County:
Contact Title:
Person:
E-mail: I Phone: I Fax:
2. PROJECT INFORMATION
A Have you already applied for utility rebates and incentives for the projects that you are
requesting loan funding?
o Yes, Go to Item 28
o No, we have not applied but plan to do so in the future. Go to Item 28
o No, we do not plan to apply for any utility rebates. Go to Question 3
o Don't know what programs are available. Go to Question 3
8. If you have applied for utility rebates or plan to do so for the projects in your loan application,
please indicate:
Name of
Utility:
Name of Utility
Efficiency Programs:
Estimated Amount
of Rebate, if known:
3. PROJECT SCHEDULE
Tentative project
start date:
Tentative project
compietion date:
4. PROJECT BUDGET
Total project costs
(include all Installation costs):
Amount requested from
the Energy Commission:
t-12
5. WHERE DID YOU HEAR ABOUT OUR PROGRAM?
Please tell us where you heard about our loan program.
o Energy Commission Website
o Energy Commission Staff Presentation
o Literature at Trade Show or Workshop
o Utility Company
o Recommendation by Another Public Agency
o Other (please specify)
6. CERTIFICATION
To the best of my knowledge and belief, the data in this application are correct and complete.
Name of Authorized
Representative:
Title:
Signature of Authorized
Representative:
Date: Phone: I Fax:
4-13
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SAMPLE RESOLUTION
RESOLUTION NO.
Resolution of
Name of Institution or Organization
WHEREAS, the California Energy Commission provides loans to schools, hospitals,
local governments, special districts, and public care institutions to finance energy
efficiency improvements;
NOW THEREFORE, BE IT RESOLVED, that
Governing Body
to apply for an energy efficiency
authorizes
Name of Institution or Organization
loan from the California Energy Commission to implement energy efficiency measures.
BE IT ALSO RESOLVED, that if recommended for funding by the California Energy
Commission, the authorizes
Governing Body
Institution or Organization
to accept a loan up to $
Loan amount requested
BE IT ALSO RESOLVED, that the amount of the loan will be paid in full, plus interest,
under the terms and conditions of the Loah Agreement, Promissory Note and Tax
Certificate of the California Energy Commission.
BE IT FURTHER RESOLVED, that
is hereby
Title of Designated Official
authorized and empowered to execute in the name of
Institution or Organization
all necessary documents to implement and carry out the purpose of this resolution, and
to undertake all actions necessary to undertake and complete the energy efficiency
projects.
Passed, Approved and Adopted this
day of
Month
Year
Governing Board Representatives:
4-15
April 2007
4-16
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL DOCUMENTS IN
CONJUNCTION WITH OBTAINING LOANS
THROUGH THE CALIFORNIA ENERGY
COMMISSION AND THE SDG&E ON-BILL
FINANCING PROGRAM, NOT TO EXCEED A TOTAL
OF TWO MILLION DOLLARS
WHEREAS, the California Energy Commission (CEC) provides loans to local
governments to finance energy efficiency improvements; and
WHEREAS, San Diego Gas & Electric (SDG&E) offers an "On-Bill Financing"
(OBF) Program to help commercial customers pay for energy-efficient business
improvements through their SDG&E bill; and
WHEREAS, staff is requesting authorization to obtain loans through the CEC and
the SDG&E OBF Program; and
WHEREAS, the loans would bridge the financial gap between energy
conservation project capital costs and the available rebates for energy conservation
equipment; and
WHEREAS, the estimated annual debt service for all the proposed projects is
$90,200, which is less than the projected annual savings of $137,824; and
WHEREAS, the SDG&E and City of Chula Vista Energy Conservation
Partnership funds the personnel costs to identify, analyze and administer implementation
of the individual projects; and
WHEREAS, the proposed projects will produce immediate environmental
benefits by reducing energy consumption; and
WHEREAS, staff is also working with SDG&E and other City Departments to
identify project priorities for the remaining Partnership funds that meet the state's
kilowatt savings requirements, the City's environmental goals and help reduce general
fund costs whenever possible; and
WHEREAS, staff is requesting authorization to use a combination of loans and
On Bill Financing for up to two million dollars to: (1) address the funding gap for the
attached list of capital projects; and, (2) fund additional energy conservation and
renewable energy projects that staff anticipates adding to the list during the remaining
Partnership Program cycle which ends December 2008; and
4-17
Resolution No. 2007-
Page 2
WHEREAS, adoption of the resolution will have no negative impact on the
general fund.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Chula Vista authorizes the City of Chula Vista to apply for an energy efficiency loan
from the California Energy Commission to implement energy efficiency measures.
BE IT FURTHER RESOLVED, that if recommended for funding by the
California Energy Commission, the City Council authorizes the City to accept a loan up
to $2 million.
BE IT FURTHER RESOLVED, that the amount of the loan will be paid in full,
plus interest, under the terms and conditions of the Loan Agreement, Promissory Note
and Tax Certificate of the California Energy Commission.
BE IT FURTHER RESOLVED, that the City Manager is authorized to execute all
documents in conjunction with implementing "on-bill financing" agreements with
SDG&E, not to exceed a total of $2 million.
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and
empowered to execute in the name of the City of Chula Vista all necessary documents to
implement and carry out the purpose of this resolution, and to undertake all actions
necessary to undertake and complete the energy efficiency projects.
Presented by
Approved as to form by
~:~~
//
,
ichael Meacham, Director
Department of Conservation
& Environmental Services
J:\AlIomey\RESQ\AGREEMENTS\CaJifornia Ener~y Commission_10-OZ-07.doc
4-18
CITY COUNCIL
AGENDA STATEMENT
09/25/2007
Item 5
SUBMITTED BY:
REVIEWED BY:
RESOLUTION ACCEPTING $412,000 FROM
THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR
THE DUI ENFORCEMENT AND AWARENESS
PROGRAM, ADDING ONE PEACE OFFICER TO THE
AUTHORIZED STAFFING LEVEL OF THE POLICE
DEPARTMENT AND APPROPRIATING FUNDS
THEREFOR. () ~
CHIEF OF POLIC~ II
CITY MANAGER J(iJJ} f..J
!l>'T~VOTE: YES X NO
ITEM TITLE:
BACKGROUND
The California Office of Traffic Safety's (OTS) mission is to obtain and effectively
administer traffic safety grant funds to reduce deaths, injuries and economic losses
resulting from traffic related collisions. The Police Department has been awarded
various OTS grants, including the Serious Traffic Offenders Program (STOP),
Comprehensive Traffic Safety Program, Dill Enforcement Program, and Selective
Traffic Enforcement Program (STEP), which all enhanced the Traffic Unit by funding
new positions. Additionally, OTS administers mini-grants such as the Sobriety
Checkpoint Program and Click It or Ticket, which funds traffic enforcement operations
on an overtime basis.
The Police Department has received additional funding from the Office of Traffic Safety
to enhance its existing DUI program, which focuses on traffic enforcement strategies to
reduce persons killed and injured in alcohol-involved collisions. This funding will create
a dedicated Officer position in the Traffic Unit to oversee the DUI Enforcement and
Awareness Program.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a
"Project" as defmed under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change in the environment; therefore, pursuant to Section
5-1
09/25/2007, Item~
Page 2 00
15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
That Council adopt the resolution accepting $412,000 from the California Office of
Traffic Safety for the DUI Enforcement and Awareness Program, adding one Peace
Officer to the authorized staffmg level of the Police Department and amending the FY
2007/2008 Police Department budget by appropriating $157,251 for personnel costs,
$3,349 for supplies and services and $39,109 for equipment.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
In December 2006, the Police Department completed a DUI enforcement project that was
funded by the Office of Traffic Safety. This project added one Agent and one Officer to
the Traffic Unit, creating a dedicated DUI Enforcement Team. The project was very
successful and definitely made a positive impact of traffic safety in the Chula Vista
community through its enforcement and educational efforts. New funding from the
Office of Traffic Safety for the DUI Enforcement and Awareness Program will enhance
those efforts.
The DUI Enforcement and Awareness Program will enhance the existing traffic unit of
the Police Department by adding one Peace Officer, and employ overtime on various
enforcement operations, with the main goal of reducing fatalities and injuries in alcohol-
involved collisions. Throughout the two-year grant period (10/01/2007 to 09/30/2009),
DUI/driver license checkpoints and DUI saturation patrols will be conducted. Stakeout
operations will also be conducted for officers to concentrate on repeat DUI offenders on
probation who have had their licenses suspended or revoked. Court sting operations will
focus on DUI offenders with suspended or revoked driver licenses who get behind the
wheel after leaving court. Through warrant service details, the Police Department will
target repeat DUI violators who failed to appear in court or violate probation. These
strategies are designed to increase compliance and lower recidivism, thus enhancing the
overall deterrent effect.
As part of an educational initiative, the DUI Enforcement and Awareness Program will
develop a strong community awareness campaign informing the public of our efforts of
creating a safer traffic environment in our city. Radar signs will be posted on major
roadways in the city to alert motorists of their speed. Promotional materials will be
utilized to educate the public of the dangers of driving under the influence.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(I) is not applicable to this decision.
5-2
09/25/2007, Item~
Page 3 on
FISCAL IMP ACT
The grant funding from the Office of Traffic Safety (OTS) in the amount of $412,000
will completely offset the total program costs during FY 2007/2008 and FY 2008/2009.
Along with the salarieslbenefits costs of the Officer to oversee the DUI program and the
overtime for the enforcement operations, there will be one-time equipment expenses of a
fully equipped police motorcycle, a portable radio, a handheld breath tester, a desktop &
laptop computer and radar speed signs, which will be funded by Development Impact
Fees (DIF). When the grant expires in September 2009, the City will absorb the ongoing
costs to continue the program, creating a net fiscal impact to the General Fund as detailed
in the table below.
DUI Program Costs
$199,709
$217,966
$221,268 $229,577
OTS Funding
Funding from DIF
$160,600
$39,109
$217,966
$0
$33,434 $0
$0 $0
Net 1m act to General Fund
$0
$0
$187,834 $229,577
ATTACHMENTS
None.
Prepared by: Jonathan Alegre, Senior Management Analyst, Police Department
5-3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $412,000 FROM THE
CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR THE
DUI ENFORCEMENT AND AWARENESS PROGRAM,
ADDING ONE PEACE OFFICER TO THE AUTHORIZED
STAFFING LEVEL OF THE POLICE DEPARTMENT AND
APPROPRIATING FUNDS THEREFOR.
WHEREAS, the Police Department was awarded a two-year grant from
the California Office of Traffic Safety for the DUI Enforcement and Awareness
Program; and
WHEREAS, the DUI Enforcement and Awareness Program focuses on
traffic enforcement strategies to reduce fatalities and injuries in alcohol-involved
collisions; and
WHEREAS, the grant funds from the Office of Traffic Safety will be used
to create a dedicated traffic enforcement position and add one Peace Officer to
the authorized staffing level of the Police Department; and
WHEREAS, Development Impact Fees in the amount of $39,109 will also
be used to purchase equipment for the DUI Enforcement and Awareness
Program.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accept $412,000 from the California Office of Traffic
Safety for the DUI Enforcement and Awareness Program, add one Peace Officer
to the authorized staffing level of the Police Department and amend the FY
2007/2008 budget by appropriating $157,251 for personnel costs, $3,349 for
supplies and services and $39,109 for equipment.
p;[ie' by
Richard P. Emerson
Police Chief
Approved as to form by:
5-4
CITY COUNCIL
AGENDA STATEMENT
09/25/2007
Item~
SUBMITTED BY;
REVIEWED BY;
RESOLUTION ACCEPTING $42,660 FROM
THE GOVERNOR'S OFFICE OF EMERGENCY
SERVICES AND APPROPRIATING FUNDS THEREFOR,
WAIVING THE CONSULTANT SELECTION PROCESS
AND APPROVING THE CONTRACTUAL AGREEMENT
WITH SOUTH BAY COMMUNITY SERVICES TO
PROVIDE SERVICES FOR DOMESTIC VIOLENCE
CASES. n ~
CHIEF OF POLI~/,l
CITY MANAGER
4/5THS VOTE: YES X NO
ITEM TITLE:
BACKGROUND
The primary goal of the Domestic Violence Response Team (DVRT) Grant is to fund staff
to provide immediate response crisis intervention services following a domestic violence
incident, and to provide advocacy and accompaniment services to domestic violence
victims throughout the criminal justice and civil legal process. The DVRT must also
collaborate with and coordinate efforts with multidisciplinary teams/organizations serving
clients in common to ensure a continuum of care.
DVRT refers to a team that includes a domestic violence advocate and a law enforcement
representative. It may also include a domestic violence deputy district or city attorney, a
probation officer, and a hospital representative or health care provider. The DVRT is
designed to immediately respond to the secured scene of a domestic violence incident in
person or by telephone when requested by law enforcement and provide crisis intervention
services. If law enforcement does not request immediate response, the DVRT advocate
must follow-up with the domestic violence victim within 48 hours of notification of the
incident from law enforcement to provide intervention services.
The Police Department and South Bay Community Services have been working in
partnership for the past ten years providing domestic violence services to the community.
Adoption of this resolution will accept a grant amendment from the Governor's Office of
Emergency Services to extend the Domestic Violence Response Team funding from June
6-1
09/25/2007, Item~
Page 2 00
30, 2007 to December 31, 2007 and approve a contractual agreement with South Bay
Community Services to provide services for domestic violence cases.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines because it will not
result in a physical change in the environment; 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 Council adopt the resolution accepting $42,660 from the Governor's Office of
Emergency Services for the Domestic Violence Response Team Grant, amending the
Police Grant Fund budget by appropriating $40,628 to the 'supplies and services' category
for subcontracted costs and $2,032 to the 'other expenses' category for indirect costs, and
approving the contractual agreement with South Bay Community Services to provide
services for domestic violence cases.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The Chula Vista Police Department (CVPD) has received a grant amendment for the
Domestic Violence Response Team Grant. The Governor's Office of Emergency Services
(OES) has extended the grant from June 30, 2007 to December 31, 2007.
Since 1985, CVPD and South Bay Community Services (SBCS) have partnered to address
issues with juveniles. And since 1997, CVPD has been working in a partnership with
SBCS to provide direct services to domestic violence victims and protect the children from
abuse. The partnership between CVPD and SBCS resulted in the formation of a 24-
hour/7-day per week Domestic Violence Response Team (DVRT). In order to provide
more consistent and intensified follow-up services, the DVRT program was expanded in
October 2003 with the addition of two full-time SBCS Advocates working on site at
CVPD. The OES grant has funded advocacy services since FY 2003/2004, and the grant
extension will continue to do so until December 31, 2007. Continuing services of the two
additional Advocates beyond December 31, 2007, is contingent upon additional grant
funding to support the program.
Because of the established working relationship with SBCS, CVPD is seeking to waive the
consultant selection process and approve the contractual agreement with SBCS to provide
services for domestic violence cases. SBCS has tailored their programs to meet the needs
of the City and their experience, qualifications and community presence make them a
unique service provider.
6-2
09/25/2007, Item~
Page 3 00
The Domestic Violence Response Team consists of detectives from the Family Protection
Unit of the Police Department and Advocates from South Bay Community Services. The
Advocates work closely with the Detectives, provide more intensified follow-up services
after the violent incident, and help prevent the need for further intervention by law
enforcement. SBCS' Advocates are mandated to provide 24-hour immediate mobile crisis
intervention in response to 911 calls to the CVPD on all family violence cases involving
children. Immediate response is construed to mean 20 minutes and current average
response time is 19-22 minutes. SBCS emergency staff meets CVPD officers at the scene
of domestic violence crimes to assess for child abuse as well as offer services to victims.
Additionally, CVPD has dedicated personnel from the Family Protection Unit to arrive in
such cases. This dedicated staffing will allow both CVPD and the SBCS Advocate to have
increased access to victims after the incident. The following business day, the Advocate
will follow-up with victims (alone or with a CVPD Detective), set up home visits with
those not sheltered and provide case management and additional services to those placed in
shelter. These visits will be coordinated with a Detective, depending on the severity of the
abuse and if the perpetrator is still at large. Other SBCS Advocate services include safety
planning, support groups and counseling, Temporary Restraining Order information and
assistance, and transportation to a domestic violence shelter.
FY 2006/2007 DVRT Accomplishments
Investigated 1,787 cases of suspected domestic violence
Made contact and offer advocacy to 100% of victims with cases assigned to the
unit
Provided advocacy, including crisis intervention, resource and referral assistance,
emergency assistance, and/or restraining order assistance to 973 victims
Provided 8 training sessions to officers, highlighting the DVR T process as well as
other agency-wide services available to the community
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 1 8704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT
The grant amendment from the Governor's Office of Emergency Services in the amount of
$42,660 will completely offset the South Bay Community Services subcontracting costs of
two full-time Advocates from July 1,2007 to December 31, 2007. Continuing services of
the two Advocates beyond December 31, 2007 is contingent upon additional grant funding
from the Office of Emergency Services to support the program. This is a one-time
appropriation. As additional grant funds are secured, the Department will bring forward
additional requests for further funding of these positions.
ATTACHMENTS
Agreement with SBCS for Domestic Violence Response and Advocacy Services
Prepared by: Jonathan Alegre, Senior Management Analyst, Police Department
6-3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $42,660 FROM THE
GOVERNOR'S OFFICE OF EMERGENCY SERVICES AND
APPROPRIATING FUNDS THEREFOR, WAIVING THE
CONSULTANT SELECTION PROCESS AND APPROVING
THE CONTRACTUAL AGREEMENT WITH SOUTH BAY
COMMUNITY SERVICES TO PROVIDE SERVICES FOR
DOMESTIC VIOLENCE CASES.
WHEREAS, the Governor's Office of Emergency Services has approved a
grant amendment for the Domestic Violence Response Team; and
WHEREAS, the grant amendment has increased funding by $42,660 and
has extended the end date from June 30, 2007 to December 31, 2007; and
WHEREAS, the Police Department is seeking to waive the consultant
selection process as South Bay Community Services has partnered with the Police
Department since 1985 and tailored their programs to meet the needs of the City;
and their experience, qualifications and community presence make them a unique
service provider; and
WHEREAS, acceptance of this grant amendment will offset the cost of
subcontracting services of two South Bay Community Services Advocates for the
period of July 1,2007 to December 31,2007; and
WHEREAS, the Domestic Violence Response Team will provide advocacy,
crisis intervention, resource and referral assistance, emergency assistance and/or
restraining order assistance to the community.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accept $42,660 from the Governor's Office of Emergency
Services for the Domestic Violence Response Team and amend the Police Grant
Fund budget by appropriating $42,628 to the supplies and services category for
subcontracted costs and $2,032 to the other expenses category for indirect costs.
BE IT FURTHER RESOLVED THAT the Mayor of the City of Chula Vista is
hereby authorized to execute the Agreement on behalf of the City of Chula Vista.
Pr
Approved as to form by:
9~~
;; nri Moore~
. City Attorney
Ichard P. Emerson
Police Chief
6-4
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
~~
/ Ann Moore
! City Attorney
Dated:
q Ilg /UJD7
/ /
Agreement Between the City of Chula Vista
and
South Bay Community Services for
Domestic Violence Response and Advocacy Services
6-5
Agreement between
City of Chula Vista
and
South Bay Community Services
for Domestic Violence Response and Advocacy Services
This agreement ("Agreement"), dated 09/25/2007 for the purposes of reference
only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A,
paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose
place of business and telephone numbers are set forth on Exhibit A, paragraph 6
("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, since 1997, the City has worked with South Bay Community Services
to provide Domestic Violence Response and Advocacy services; and,
Whereas, Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services
required of Consultant to City within the time frames herein provided all in accordance
with the terms and conditions of this Agreement.
Page 1
6-6
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant
shall also perform all of the services described in Exhibit A, Paragraph 8, entitled"
Scope of Work and Schedule", not inconsistent with the General Duties, according to,
and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such
Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth
therein, time being of the essence of this agreement. The General Duties and the work
and deliverables required in the Scope of Work and Schedule shall be herein referred
to as the "Defined Services". Failure to complete the Defined Services by the times
indicated does not, except at the option of the City, operate to terminate this
Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time
reduce the Defined Services to be performed by the Consultant under this Agreement.
Upon doing so, City and Consultant agree to meet in good faith and confer for the
purpose of negotiating a corresponding reduction in the compensation associated with
said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of
services offered by Consultant, Consultant shall perform same on a time and materials
basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless
a separate fixed fee is otherwise agreed upon. All compensation for Additional
Services shall be paid monthly as billed.
Page 2
6-7
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of
care and skill ordinarily exercised by members of the profession currently practicing
under similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed
by it in connection with the Services required to be rendered, are protected against the
risk of loss by the following insurance coverages, in the following categories, and to the
limits specified, policies of which are issued by Insurance Companies that have a Best's
Rating of "A, Class V" or better, or shall meet with the approval of the City:
Consultant must procure insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of the work
under the contract and the results of that work by the consultant, his agents,
representatives, employees or subcontractors and provide documentation of same prior to
commencement of work. The insurance must be maintained for the duration of the
contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001) in the amount set forth in Exhibit A, Paragraph 9.
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability,
Code 1 (any auto) in the amount set forth in Exhibit A, Paragraph 9.
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance in the amount set forth in the attached Exhibit A,
Paragraph 9.
4. Professional Liability or Errors & Omissions Liability insurance appropriate to the
consultant's profession. Architects' and Engineers' coverage is to be endorsed
to include contractual liability in the amount set forth in Exhibit A. Paragraph 9.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either the insurer will reduce or eliminate such deductibles or self-
insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or the consultant will provide a financial guarantee satisfactory to the City
Page 3
6-8
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers
are to be named as additional insureds with respect to liability arising out of
automobiles owned, leased, hired or borrowed by or on behalf of the consultant,
where applicable, and, with respect to liability arising out of work or operations
performed by or on behalf of the consultant's including providing materials, parts
or equipment furnished in connection with such work or operations. The general
liability additional insured coverage must be provided in the form of an
endorsement to the consultant's insurance using ISO CG 20 10 11 85 or its
equivalent.
2. The consultant's insurance coverage must be primary insurance as it pertains to
the City, its officers, officials, employees, agents, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or
volunteers is wholly separate from the insurance of the contractor and in no way
relieves the contractor from its responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that
coverage will not be canceled by either party, except after thirty (30) days' prior
written notice to the City by certified mail, return receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active negligence
of the additional insured in any case where an agreement to indemnify the
additional insured would be invalid under Subdivision (b) of Section 2782 of the
Civil Code.
5. Consultant's insurer will provide a Waiver of Subrogation in favor of the City for
each required policy providing coverage during the life of this contract.
If Errors & Omissions coverage are written on a claims-made form:
1. The "Retro Date" must be shown, and must be before the date of the
contract or the beginning of the contract work.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the contract work.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a "Retro Date" prior to the contract effective
Page 4
6-9
date, the Consultant must purchase "extended reporting" coverage for a
minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City
for review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State
of California with a current A.M. Best's rating of no less than A-V. Ifthe insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible
Surplus Lines Insurers (LESLI) and be A.M. Best's rated A-V.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on insurance
industry forms, provided those endorsements or policies conform to the contract
requirements. All certificates and endorsements are to be received and approved by the
City before work commences. The City reserves the right to require, at any time, complete,
certified copies of all required insurance policies, including endorsements evidencing the
coverage required by these specifications.
Subcontractors
Consultants must include all sub-consultants as insureds under its policies or furnish
separate certificates and endorsements for each sub-consultant. All coverage for sub-
consultants is subject to all of the requirements included in these specifications.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to
the commencement of services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further indicating that the policies
may not be canceled without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under Consultant's Commercial
General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the
City demonstrating same, which shall be reviewed and approved by the Risk Manager.
Page 5
6-10
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond in the form
prescribed by the City and by such sureties which are authorized to transact such
business in the State of California, listed as approved by the United States Department
of Treasury Circular 570, htto://www.fms.treas.Qov/c570, and whose underwriting
limitation is sufficient to issue bonds in the amount required by the agreement, and
which also satisfy the requirements stated in Section 995.660 of the Code of Civil
Procedure, except as provided otherwise by laws or regulations. All bonds signed by
an agent must be accompanied by a certified copy of such agent's authority to act.
Surety companies must be duly licensed or authorized in the jurisdiction in which the
Project is located to issue bonds for the limits so required. Form must be satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
their unfettered discretion by submitting to the bank a letter, signed by the City
Manager, stating that the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and amount satisfactory to
the Risk Manager or City Attorney which amount is indicated in the space adjacent to
the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
Page 6
6-11
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the Defined Services and Schedule therein contained, and to provide
direction and guidance to achieve the objectives of this agreement. The City shall
permit access to its office facilities, files and records by Consultant throughout the term
of the agreement. In addition thereto, City agrees to provide the information, data,
items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the
Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant according to the terms
and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's account number indicated
on Exhibit A, Paragraph 18 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on
Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said
party to represent them in the routine administration of this agreement.
Page 7
6-12
4. Term.
This agreement shall terminate on December 31,2007 provided however (a) the
effectiveness of this Agreement for the fiscal year commencing July 1, 2007 shall be
contingent upon City's appropriation, in its sole discretion, of the necessary funds
therefore; and (b) Consultant's obligations under Section 7 hereof shall survive such
termination.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion
of this Agreement. It is difficult to estimate the amount of damages resulting from delay
in performance. The parties have used their judgment to arrive at a reasonable amount
to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified
in this Agreement shall result in the following penalty: For each consecutive calendar
day in excess of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City, or have withheld from
monies due, the sum of Liquidated Damages Rate provided in Exhibit A. Paragraph 14
("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted for
delays to minor portions of work unless it can be shown that such delays did or will
delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attorney.
Page 8
6-13
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
shall not make, or participate in making or in any way attempt to use Consultant's
position to influence a governmental decision in which Consultant knows or has reason
to know Consultant has a financial interest other than the compensation promised by
this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and
inventory of Consultant's economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has determined that
Consultant does not, to the best of Consultant's knowledge, have an economic interest
which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City
Attorney of City if Consultant learns of an economic interest of Consultant's that may
result in a conflict of interest for the purpose of the Fair Political Practices Act, and
regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any
property which may be the subject matter of the Defined Services, or in any property
within 2 radial miles from the exterior boundaries of any property which may be the
subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Page 9
6-14
Consultant further warrants and represents that no promise of future
employment, remuneration, consideration, gratuity or other reward or gain has been
made to Consultant or Consultant Associates in connection with Consultant's
performance of this Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or for 12 months
thereafter.
Consultant agrees that Consultant Associates shall not acquire any such
Prohibited Interest within the Term of this Agreement, or for 12 months after the
expiration of this Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this
Agreement, or for any third party that may be in conflict with Consultant's
responsibilities under this Agreement, except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) arising out of or alleged
by third parties to be the result of the negligent acts, errors or omissions or the willful
misconduct of the Consultant, and Consultant's employees, subcontractors or other
persons, agencies or firms for whom Consultant is legally responsible in connection
with the execution of the work covered by this Agreement, except only for those claims,
damages, liability, costs and expenses (including without limitations, attorneys fees)
arising from the sole negligence or sole willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed
to be caused by the active or passive negligent acts or omissions of the City, its agents,
officers, or employees which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
With respect to losses arising from Consultant's professional errors or omissions,
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys fees) except for those claims
arising from the negligence or willful misconduct of City, its officers or employees.
Consultant's indemnification shall include any and all costs, expenses, attorneys fees
and liability incurred by the City, its officers, agents or employees in defending against
such claims, whether the same proceed to judgment or not. Consultant's obligations
under this Section shall not be limited by any prior or subsequent declaration by the
Consultant. Consultant's obligations under this Section shall survive the termination of
this Agreement.
Page 10
6-15
For those professionals who are required to be licensed by the state (e.g. architects and
engineers), the following indemnification provisions should be utilized:
1. Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or
claimed to be caused by the acts or omissions of the Consultant, or Consultant's
employees, agents, and officers, arising out of any services performed involving this
project, except liability for Professional Services covered under Section X.2, the
Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents,
officers, or employees from and against all liability. Also covered is liability arising from,
connected with, caused by, or claimed to be caused by the active or passive negligent
acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Consultant, its
employees, agents or officers, or any third party. The Consultant's duty to indemnify,
protect and hold harmless shall not include any claims or liabilities arising from the sole
negligence or sole willful misconduct of the City, its agents, officers or employees. This
section in no way aiters, affects or modifies the Consultant's obligation and duties under
Section Exhibit A to this Agreement.
2. Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this
Project, the Consultant agrees to indemnify, defend and hold harmless the City, its
agents, officers and employees from and against any and all liability, claims, costs, and
damages, including but not limited to, attorneys fees, losses or payments for injury to
any person or property, caused directly or indirectly from the negligent acts, errors or
omissions of the Consultant or Consultant's employees, agents or officers; provided,
however, that the Consultant's duty to indemnify shall not include any claims or liability
arising from the negligence or willful misconduct of the City, its agents, officers and
employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of
such termination. In that event, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by Consultant shall, at
Page 11
6-16
the option of the City, become the property of the City, and Consultant shall be entitled
to receive just and equitable compensation for any work satisfactorily completed on
such documents and other materials up to the effective date of Notice of Termination,
not to exceed the amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants'
negligence, errors, or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors, omissions, Consultant shall reimburse City for any additional
expenses incurred by the City. Nothing herein is intended to limit City's rights under
other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to Consultant of such termination and specifying the effective
date thereof, at least thirty (30) days before the effective date of such termination. In
that event, all finished and unfinished documents and other materials described
hereinabove shall, at the option of the City, become City's sole and exclusive property.
If the Agreement is terminated by City as provided in this paragraph, Consultant shall
be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or notation), without prior written consent of City.
City hereby consents to the assignment of the portions of the Defined Services
identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as
"Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
Page 12
6-17
properties produced in whole or in part under this Agreement shall be subject to private
use, copyrights or patent rights by Consultant in the United States or in any other
country without the express written consent of City. City shall have unrestricted
authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees
or representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed to be an employee of City, and none of them shall
be entitled to any benefits to which City employees are entitled including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or federal income tax, social
security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the
City unless a claim has first been presented in writing and filed with the City and acted
upon by the City in accordance with the procedures set forth in Chapter 1.34 of the
Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein, and
such policies and procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that
the prevailing party shall be entitled to a judgment against the other for an amount
equal to reasonable attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief sought.
Page 13
6-18
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant
shall include, or cause the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no
authority to act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their
principals is/are licensed with the State of California or some other state as a licensed
real estate broker or salesperson. Otherwise, Consultant represents that neither
Consultant, nor their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant
to this Agreement must be in writing. All notices, demands and requests to be sent to
any party shall be deemed to have been properly given or served if personally served or
deposited in the United States mail, addressed to such party, postage prepaid,
registered or certified, with return receipt requested, at the addresses identified herein
as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any provision
hereof may be amended, modified, waived or discharged except by an instrument in
writing executed by the party against which enforcement of such amendment, waiver or
discharge is sought.
Page 14
6-19
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter into
this Agreement, and that all resolutions or other actions have been taken so as to
enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws
of the State of California. Any action arising under or relating to this Agreement shall
be brought only in the federal or state courts located in San Diego County, State of
California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista.
Page 15
6-20
Signature Page
to
Agreement between City of Chula Vista and South Bay Community Services
for Domestic Violence Response and Advocacy services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated:
,2007
City of Chula Vista
by:
Cheryl Cox, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
South Bay Community Services
Exhibit List to Agreement
(X) Exhibit A.
Page 16
6-21
Exhibit A
to
Agreement between
City of Chula Vista
and
South Bay Community Services
1. Effective Date of Agreement: 07/01/2007
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: South Bay Community Services
5. Business Form of Consultant:
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1124 Bay Blvd, Suite D
Chula Vista, California 91911
Voice Phone (619) 420-5094
Fax Phone (619) 420-8722
7. General Duties: Domestic Violence Response and Advocacy Services
8. Scope of Work and Schedule:
Detailed Scope of Work: The Operational Agreement (Exhibit B)
between South Bay Community Services and the Chula Vista Police
Department signed February 16, 2006 and Office of Emergency
Services grant #LE06046364 shall serve as scope of work for this
agreement.
Page 17
6-22
B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(X) Other: 07/01/2007
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable NO.1:
The Operational Agreement (Exhibit B) between South Bay Community
Services and the Chula Vista Police Department signed February 16,
2006 details time limits and deliverables for this agreement.
D. Date for completion of all Consultant services:
Upon compliance with all executory provisions herein.
9. Insurance Requirements:
1. General Liability:
(Including operations,
products and completed
operations, as applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance with a
general aggregate limit is used, either the general aggregate limit
must apply separately to this project/location or the general
aggregate limit must be twice the required occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
4. Professional Liability or $ 500,000 each occurrence
Errors & Omissions Liability: $1,000,000 policy aggregate
10. Materials Required to be Supplied by City to Consultant:
None.
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
Page 18
6-23
For performance of all of the Defined Services by Consultant as herein required,
City shall pay a single fixed fee in the amounts and at the times or milestones or for the
Deliverables set forth below:
Single Fixed Fee Amount: $40,628, payable as follows:
Quarterly installments of $20.314 each.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the
performance of services herein required, City shall pay Consultant at the rates or
amounts set forth below:
(X) None, the compensation includes all costs.
13. Contract Administrators:
City: Lieutenant Gary Ficacci, Investigations Division
Police Department
315 4th Avenue
Chula Vista, CA 91910 (619)585-5670
Consultant: Kathryn Lembo, Executive Director
1124 Bay Blvd, Suite D
Chula Vista, California 91911
14. Liquidated Damages Rate:
None.
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
16. ( ) Consultant is Real Estate Broker and/or Salesman
Not Applicable
17. Permitted Subconsultants:
None.
Page 19
6-24
18. Bill Processing:
A Consultant's billing to be submitted for the following period of time:
(X) Quarterly
B. Day of the period for submission of Consultant's billing:
(X) First of the Month
C. City's Account Number: 25203-6401
19. Security for Performance
None Required.
Page 20
6-25
~v~
=~:::
~ ~
...
EXHIBITB
em OF
CHUlA VlSfA
POLlCE DEPARTMENT
OPERATIONAL AGREEMENT
This Operational Agreement stands as evidence that the Chula Vista Police Department (CVPD) and
South Bay Community Services (SBCS) intend to work together toward the mutual goal of providing
maximum available assistance for crime victims residing in the City of Chula Vista. Both agencies believe
that implementation of the Domestic Violence Response and Advocacy application, as described
herein, will further this goal. To this end, each agency agrees to participate in the program, IT selected for
funding, by coordinating/providing the following services during the period July 1, 2006 to June 30, 2007:
The Chula Vista Police Department project will closely coordinate the following services with South Bay
Community Services through: . .
SBCS Project staff being readily available to the Chula Vista Police Department for service provision;
Regularly scheduled meetings once per month between SBCS' Family Wellness and Self
Sufficiency Department Director and CVPD's Family Protection Unit Investigator to discuss
strategies, timetables and implementation of mandated services.
. Specifically:
Chula Vista Police Department agrees to:
. Act as lead administrative and fiscal agent for the project;
. Facilitate the provision of domestic violence training for CVPD officers by SBCB staff:
. Prompt notification of SBCS Community A.ssessment Workers by officers at the scene of
domestic violence;
. Participation in joint meetings to ensure optimal project effectiveness and utilization of
resources;
. Provision of information for evaluation and measurement of services.
South Bay Community Services agrees to:
. Provide 24 hourl7days a week services of the Community Assessment workers for the
Domestic Violence Response Team, in response to calls from CVPD officers;
. Pro~ide and coordinate a continuum of services to the families identified by the project which
may include: crisis intervention, assessment, case management, individual group and family
counseling, confidential shelter or transition housing, and a temporary restraining order clinic;
. Provide cooperation and information for evaluation and measurement of components of the
p roj ect.
Fo~
Chula Vista Police Department
South Bav Community Services
We, the undersigned, as authorized representativ of t Chula Vista Police Department and South Bay
e eby approve this doc ment.
Richard P. Emerson, Chief of Police
Date:
2- \'-\ ~ C/,P
Date:
d, . liP .j b
,.$),'dlk.
PR1DE
AT WORK
6-26
CITY COUNCIL
AGENDA STATEMENT
~\~CI1YOF
~CHULA VISTA
09/25/2007
Item~
SUBMITTED BY:
REVIEWED BY:
RESOLUTION APPROVING A REQUEST
FROM THE BONITA BUSINESS AND PROFESSIONAL
ASSOCIATION TO CONDUCT THE BONITAFEST AND
BONITAFEST PARADE ON SATURDAY, SEPTEMBER
29, 2007 AND WAIVING ASSOCIATED FEES FOR
POLICE SERVIC~....:..-
CHIEF OF POLICEf" ^
CITY MANAGER
NO X
ITEM TITLE:
BACKGROUND
The Bonita Business and Professional Association (BBPA) has sponsored the annual
Bonitafest event for the last 35 years. Bonitafest is the longest running street parade and
fair in the County of San Diego.
ENVIRONMENTAL REVIEW
This proposed activity has been reviewed for compliance with the California
Environmental Quality Act (CEQA) and it has been determined that the activity is not a
"Project" as defmed under Section 15378 of the State CEQA Guidelines because it will
not result in a physical change in the environment; 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 Council adopt the resolution approving a temporary street closure of Bonita Road
subject to staff conditions and waiving associated fees for police services.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
7-1
DISCUSSION
The Bonita Business and Professional Association (BBPA) is sponsoring the 35th Annual
Bonitafest event on Saturday, September 29, 2007. They are requesting a temporary
street closure of Bonita Road to stage the parade. The street closure would involve
Bonita Road between Willow Street and Otay Lakes Road. Both Willow Street an Otay
Lakes Road will remain open at all times during the Bonita Road street closure. Streets
intersecting Bonita Road between these points would also be affected during the parade.
The parade is scheduled to take place between 10:00 AM and 12:00 PM; the street
closure would be in effect from approximately 8:00 AM until I :00 PM to allow for
staffmg dispersion of the parade participants. A diagram of the area is attached
(Attachment B).
09/25/2007, Item~
Page 2 of3
The parade will consist of marching units, marching bands, floats and other motor driven
units, as well as equestrian units. All horses will be ridden by their owners. Streamers,
balloons and noise making devices will not be permitted along the parade route. City of
Chula Vista traffic and police units will be provided and the fees waived. City Public
Work crews will hang barmers along Bonita Road and Otay Lakes Road and remove
them after September 29th.
The street closures would have an impact on city bus service in the area. The Transit
Authority has agreed to cancel and re-route bus service in the area during the parade.
Additionally, the Transit Authority has agreed to post signs advising of the intelTllpted
service.
Staff approval is recommended subject to the following conditions:
I. Prior to the event, both the BBP A (the Bonitafest sponsor) and Rotary District
5340 (sponsor of the parade) provide evidence, acceptable to the City, of
insurance for their respective sponsorships in the form of a Certificate of
Insurance and Policy Endorsement in the amount of five mil~ion dollars
($5,000,000) naming the City of Chula Vista as additional insured, and their
insurance as primary.
2. Provide adequate traffic control equipment and "no parking" signs as specified by
the Chula Vista Police Department. This would include provision of adequate
signage, barricades, and traffic control equipment as specified by the County of
San Diego and the Sheriffs Department.
3. Provide adequate Police coverage at the event as determined by the Chula Vista
Police Department through coordination with the Chula Vista Police Department
and the County of San Diego (police services provided by the City of Chula Vista
will be waived).
4. Return all City-owned property to pre-use condition and provide adequate trash
control and disposal throughout the affected area during the event, including
arrangements for professional street sweeping within twenty-four (24) hours after
the event.
7-2
09/25/2007, Item~
Page 3 on
5. Provide a letter acceptable to the City Attorney from the BBPA in which the
BBPA agrees:
(1) Not to sue the City, its agents ad employees for any act arising from
Bonitafest; and
(2) To defend, indemnify, release, protect and hold harmless, the City, its
agents and employees from any and all liability arising from
Bonitafest, excluding only that liability which may arise from the sole
negligence or sole willful conduct of the City.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property
holdings with 500 feet of the boundaries of the property which is the subject to this
action.
FISCAL IMPACT
The Bonita Business Professional Association would be responsible for all additional
costs incurred in conducting the parade including provisions for traffic safety equipment,
street sweeping services, solid waste, recycling and litter abatement services, and other
related and required services and supplies. . The Police Department will be providing
parade route traffic control services. The estimated cost to provide these services is
$6,500 for the Police Department (at straight overtime rate). By authorizing this
resolution, these fees will be waived for this event.
ATTACHMENTS
Attachment: "A" - Letter from BBPA to City Manager
"B" - Parade Route
Prepared by: Edward Chl?W, Administrative Services Manager, Police Department
7-3
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AssoCIation
09/25/2007,llemL
A IT ACHMENT "B"
PARADE ROUTE
7-5
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A
REQUEST FROM THE BONITA BUSINESS AND
PROFESSIONAL ASSOCIATION TO CONDUCT
THE BONITAFEST AND BONITAFEST PARADE
ON SATURDAY, SEPTEMBER 29, 2007 AND
WAIVING ASSOCIATED FEES FOR POLICE
SERVICES.
WHEREAS, the Bonita Business and Professional Association (BBPA) will
be conducting the Bonitafest event on Saturday, September 29, 2007; and
WHEREAS, street closure would involve Bonita Road between Willow
Street and Otay Lakes Road. Both Willow Street and Otay Lakes Road will
remain open at all times during the closure. Streets intersecting Bonita Road
between these points would also be affected during the parade. The parade is
scheduled to take place between 10:00 AM and 12:00 PM; the street closure
would be in effect from approximately 8:00 AM and 5:00 PM.; and
WHEREAS, the Bonita Business and Professional Association will provide
evidence of insurance in the form of a Certificate of insurance and policy
endorsement, acceptable to the City, in the amount of $5 million dollars naming
the City of Chula Vista as additional insured, and their insurance company as
primary; and
WHEREAS, the Bonita Business and Professional Association will provide
adequate traffic control equipment and "no parking" signs as specified by the
Chula Vista Police Department. This would include provision of adequate
signage, barricades, and traffic control equipment as specified by the County of
San Diego and the Sheriff's Department on the portion of Allen School Road
outside the city limits; and
WHEREAS, the Bonita Business and Professional Association will provide
adequate police coverage at the event as determined by the Chula Vista Police
Department through coordination with the Chula Vista Police Department and the
San Diego County Sheriff's Department; City fees for police officers will be
waived; and
WHEREAS, all City-owned property will be returned to pre-use condition;
and
WHEREAS, the sponsor shall develop and implement a solid waste
management plan approved by the Conservation Program to prevent litter,
provide recycling, and disposal throughout the affected area during the event
including arrangements for professional street sweeping immediately following
the event; and
7-6
WHEREAS, a letter of acceptance shall be provided to the City Attorney
from the BBPA in which BBPA agrees to not sue the City, its agents and
employees for any act arising from Bonitafest; and to defend, indemnify, release,
protect and hold harmless, the City, its agents and employees from any and all
liability arising from the Bonitafest, excluding only that liability which may arise
from the sole negligence or sole willful conduct of the City; and
WHEREAS, the event organizers are requesting that the fee's for police
services be waived.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby approve the request from the Bonita Business and
Professional Association to conduct the Bonitafest and Bonitafest parade on
Saturday, September 29, 2007, temporarily closing Bonita Road subject to staff
conditions, and waiving associated fee's for police services.
Presented by
y
fDL ::s;,A,N ~s.otJ
ichard P. Emerson
Chief of Police
~t>i2- Ann Moore
City Attorney
7-7
CITY COUNCIL
AGENDA STATEMENT
9/25/07, Item 8
ITEM TITLE:
RESOLUTION ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "PAVEMENT REHABILITATION
PROGRAM FY 06/07 DIG-OUTS & CHIP SEAL (STL-340A)"
PROJECT TO BOND BLACKTOP, INC. IN THE AMOUNT OF
$3,202,378.60 AND AUTHORIZING THE EXPENDITURE OF ALL
AVAILABLE FUNDS IN THE PROJECT
SUBMITTED BY:
DIRECTOR OF ENGINEERING AND GENERAL SERVICEtjJJ-
CITY MANAGER I~
ASSISTANT CITY ~AGER
4/5THS VOTE: YES 0 NO ~
REVIEWED BY:
BACKGROUND
On September 12, 2007, the Director of General Services received sealed bids for the "Pavement
Rehabilitation Program FY 06/07 Dig-Outs and Chip Seal (STL-340A)" project. The work
consists of the application, removal, and replacement of damaged asphalt concrete pavement
"dig-outs" and as an alternative bid item, chip seal pavement coatings, on various pavement
locations in the City of Chula Vista, California. Work for this project also includes striping,
traffic control, and other miscellaneous work, and all labor, material, equipment, and
transportation necessary for the proj ect.
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 l(c) categorical exemption pursuant to Section 15301, Existing Facilities, ofthe State
CEQA Guidelines. Thus, no further environmental review is necessary.
RECOMMENDATION
Council approve the resolution accepting bids and awarding the contract for the "Pavement
Rehabilitation Program FY 06/07 Dig-Outs and Chip Seal (STL-340A)" project to Bond
Blacktop, Inc. of Union City, CA in the amount of $3,202,378.60 and authorizing the
expenditure of all available funds in the project.
8-1
9/25/07, Item~
Page 2 of 4
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
Included in the FY2006-07 CIP Budget is a project for the rehabilitation of deteriorating
pavement throughout the city. Public Works Operations and Engineering, through the Pavement
Management System, developed a priority list of streets to be included in the program. The total
budget for the Pavement Rehabilitation Program FY 2006/2007 is $11,404,515 from Transnet
Funds and includes overlay, chip seals, and slurry seals as maintenance strategies. The dig-outs
and chip seal project is a component of the Pavement Rehabilitation Program FY 2006/2007 and
will use approximately 34% of the pavement program funds.
The total funding amount of $3,877,735.39 consists of the following: $3,202,378.60 is proposed
to be awarded to the contractor, $40,000.00 shall be used for construction soils and pavement
testing, $155,000.00 for City staff time (survey, inspections, and design), and contingencies in
the amount of $480,356.79 (15% of contract award).
The work for this project consists of the removal and replacement of damaged asphalt concrete
pavement at various locations. As an additive bid item, an application of chip seal pavement
rehabilitation and associated striping at various locations may be included with this contract
should weather permit. This project includes the removal and replacement of asphalt concrete
pavement "dig-outs", preparation and application of chip seal, striping and markings, traffic
control, other miscellaneous work, and all labor, material, equipment, and transportation
necessary for the project as described in these documents. Attachment 1 shows the list of streets
included in the project.
According to City Council Policy No. 574-01, if a change order exceeds the cumulative contract
change order aggregate amount allowable to be approved by the Director of Public Works, City
Council approval is required. That amount totals $183,118.93. However, approval of tonight's
resolution will increase the Director of Public Works authority to approve change orders as
necessary up to the contingency amount of $480,356.79, an increase of $297,237.86, and
authorize staff to expend all available contingencies 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, 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). Oftentimes, 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.
Project Design staff has prepared specifications and advertised the project. Seventeen (17)
contractors purchased copies of the bid documents. Staff received and opened four (4) bids on
September 12,2007. The following bids were received:
8-2
9/25/07, Item e
Page 3 of 4
CONTRACTOR Bm AMOUNT
1. Bond Blacktop, Inc. - Union City, CA $3,202,378.60
2. International Surfacing Systems - Modesto, CA $3,329,090.90
3. Manhole Adjusting, Inc. - Pico Rivera, CA $3,573,040.43
4. Windsor Fuel Company - Windsor, CA $3,629,590.20
The low bid submitted by Bond Blacktop, Inc. of Union City, CA is below the Engineer's
estimate of $4,600,000.00 by $1,397,621.40 (30.38% below the Engineer's estimate). Staffhas
verified the references provided by the contractor and their work has been satisfactory.
Disclosure Statement
Attachment 2 is a copy of the contractor's Disclosure Statement.
Wage Statement
The source of funding for this project is Transnet 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 decision contemplated by this action and has determined that the decision
concerns repairs, replacement, or maintenance of existing streets or similar facilities and,
therefore, there is not a material fmancial effect of the decision on the property holdings of the
City Council Members pursuant to California Code of Regulations sections l8704.2(b)(2) and
l8705.2(b)(1).
Council members McCann and Ramirez each have properties located within 500 feet of the
project vicinity.
FISCAL IMPACT
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $3,202,378.60
B. Contingencies (15% of contract) $480,356.79
C. Staff Time Cost (approx 5% oftOlal): $195,000.00
Construction Inspection (2%) $75,000.00
Design/Construction Management (1.3%) $50,000.00
Survey Work (0.26%) $10,000.00
Planning/Environmental/Traffic/LandscapelPublic Works (0.52%) $20,000.00
Soil Testing (1 %) $40,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $3,877,735.39
8-3
9/25/07, Item~
Page 4 of 4
FUNDS AVAILABLE FOR CONSTRUCTION
A. Transnet (Transfer from STL-340) $3,877,735.39
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $3,877,735.39
Upon completion of the project, the improvements will reqUITe only routine City street
maintenance.
ATTACHMENTS
1. List of streets included in project
2. Contractor's Disclosure Statement
Prepared by: Jeff Maneda, Sr. Civil Engineer, General Services Department
M:\General Services\GS Administration\Council Agenda\STL340A Chip Seal and Dig-Outs\STL-340A Chip Seal Award Al 13.jcm.doc
8-4
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8-5
AiTACHMENT
z"
City of ChuIa VISta Disclosure Statement
Pursuant to Council Policy 101..Dl, prior to IlllY action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclllSlJI'C of
certain ownerslrip or fi:na:ncial interests, paymCDts, or campaign contnbutions for a City of Cbula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a fi:na:ncial interest in the property that is the subject of the
application or the conl\act, e.g., owner, applicant, contractor, subcontractor, material supplier.
MIA
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 (corporationlpartnership) entity.
N/A
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.ofthe trust.
N/A
4. Please identify every person, including any agents, employees, cOIl51l!tants, or independent
contractors you have assigned to represent you before the City in this matter.
N/A
5.
Has any person' associated with this contract bad any fi:na:ncial dealings with an official.... of the
City ofCbula Vista as it relates to this contract within the past 12 months? Yes_No~
16
M:\Gencral Scmces\DesigII\S11.340A Dig.out ContractlS'l'L-340A DIO-oUTS, CHIP SEAL Contract August 2007 final.doc
8-6
---------------------
If Yes, briefly describe the natllre of the financial interest the ~f!icial** =y bave 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 _ Tiyes, which Council member?
7. Have you provided more than $340 (or:m item of equivalent value) to :m official** of the City
of Chula Vista in the past twelve (12) months? ('Ibis includes being a source of income, money to
retire a legal deb~ gift, loan, etc.) Yes _ No..!-
If Yes, which official**:md what was the natere of item provided?
Date: 09/11/07
-&!J'7'IAri iJIJ~
Signature of Contractor! Applicant
~
Edward Dillon
Print or type name of Contractor/Applicant
* Person is defined as: any individual, fum, co-partoersbip, joint venture, association, social
club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county,
city, mUJJieipality, district, or other political subdivision, -or any other group or combination
acting as a UJJit.
** Official includes, but is not limited to: Mayor, Council member, Plamting Commissioner,
Member of a board, commission, or committee of the City, employee, or staff membe:s.
~
17
M:\O<:Ileral SemcesIDesign\STI.340A Dig-Out Contract\STL.340AD!<J..OUTS, CHIP SEAL COl1!ract Angus! 2007 final.doc
8-7
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CON1RACT FOR THE "PAVEMENT REHABILITATION
PROGRAM FY 06/07 DIG-OUTS &; CHIP SEAL (STL-340A)"
PROJECT TO BOND BLACKTOP, INC. IN THE AMOUNT OF
$3,202,378.87 AND AUTHORIZING THE EXPENDITURE OF
ALL AVAILABLE FUNDS IN THE PROJECT
WHEREAS, on September 12,2007, the Director of General Services received four (4)
sealed bids for the "Pavement Rehabilitation Program FY 06/07 Dig-outs & Chip Seal (STL-
340A)" 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 AMOUNT
1. Bond Blacktop, Inc. - Union City, CA $3,202,378.60
2. International Surfacing Systems - Modesto, CA $3,329,090.90
3. Manhole Adjusting, Inc. - Pico Rivera, CA $3,573,040.43
4. Windsor Fuel Company - Windsor, CA $3,629,590.20
WHEREAS, the low bid by Bond Blacktop, Inc. is below the Engineer's estimate of
$4,600,000.00 by $1,397,621.40 or 30.38%. Staff has verified the references provided by the
contractor and their work has been satisfactory.
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 ''Pavement Rehabilitation Program
FY 06/07 Dig-outs & Chip Seal (STL-340A)" project to Bond Blacktop, Inc. in the amount of
$3,202,378.60 and authorize the expenditure of all available funds in the project.
Presented by
Approved as to form by
Jack Griffin
Director of Engineering and General Services
~Cl..(Ql\\\.~~<:J,,~
Ann Moore "-
City Attorney
K:\ENGil"ffiER\RESOS\Resos2007\09-1 8-07\STL340A Reso for Award-completc.doc
. 8-8
CITY COUNCIL
AGENDA STATEMENT
~~ CITY OF
- CHULA VISTA
ITEM TITLE:
09/25/07, Item~
PUBLIC HEARING TO CONSIDER AMENDING THE
FISCAL YEAR 2007-08 ANNUAL ACTION PLAN TO
REALLOCATE $35,000 OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FROM CLOSED OUT PROJECTS
TO THE SAN DIEGO REVOLVING LOAN FUND
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2007-08
ANNUAL ACTION PLAN TO REALLOCATE $35,000 OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
TO THE SAN DIEGO REGIONAL REVOLVING LOAN
FUND; AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY NECESSARY DOCUMENTS; AND
ESTABLISHING THE SAN DIEGO REVOLVING LOAN
PROJECT AND AUTHORIZING INTERPROJECT
TRANSFERS AS NECESSARY
ACTING COMMUN~ITY DpY OPMENT DIRECTO#
CITY MANAGER
ASSISTANT CITY AGER
4/5THS VOTE: YES ~ NO D
BACKGROUND
Community Development Block Grant (CDBG) funds are central to supporting our non-
profit partners in developing affordable housing, supporting essential social services, and
contributing towards community enhancement and economic development programs. On
May 1, 2007, the City Council approved the FY 2007-08 Annual Action Plan ("Action
Plan") for three Federal Grant Programs, including CDBG, and authorized its submittal to
the U.S. Department of Housing and Urban Development (HUD). HUD received the
City's Action Plan on May 15,2007 and approved it in June of2007. The Action Plan is
developed using significant public input and describes the City's spending priorities. It
serves as the local guide for three of the HUD's grant programs (CDBG, HOME
Investment Partnership, and Emergency Shelter Grant).
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Under the prOVlSlons of CFR 570.902 of the Community Development Block Grant
regulations, significant revisions made to the Action Plan require an amendment to the
action plan, utilizing the public participation process outlined by HUD.
Staff is proposing to amend the Action Plan to reallocate unencumbered CDBG funds to an
eligible Economic Development activity.
The purpose of today's public hearing is to solicit public input on the proposed
reallocation and amendment to the 2007-2008 Annual Action Plan.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed project for compliance
with the National Environmental Protection Act due to the use of Federal funds, and has
determined that the proposed project is deemed exempt under the National Environmental
Protection Act (NEP A) Regulations.
RECOMMENDATION
Staff recommends the following:
1. Hold the public hearing;
2. Adopt resolution amending the fiscal year 2007-08 Annual Action Plan and authorize
submission of the Plan to the United States Department of Housing and Urban
Development;
3. Authorize the City Manager to enter into a subrecipient agreement with the San
Diego Revolving Loan Fund; and,
4. Establish a new project entitled San Diego Revolving Loan Fund and authorize the
interproject transfer of$35,000 from Projects 4121314333 and 4124319333.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The City of Chula Vista receives annual entitlement grants from the U.S. Department of
Housing and Urban Development (HUD) for the Community Development Block Grant,
HOME Investment Partnership Act, and Emergency Shelter Grant programs to support
activities, which benefit lower income households.
Annual Action Plan
The City of Chula Vista's Annual Action Plan is a comprehensive planning document
which identifies the City's needs in housing, homelessness, community and economic
development. In addition, it includes the allocation of funds for capital improvements,
community enhancement projects, economic development, public services, affordable
housing, fIrst-time homebuyer programs and administration! planning activities. Any
changes or revisions to the approved Annual Action Plan subsequent constitutes a formal
amendment to the Plan. The City must comply with Citizen Participation Regulations
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which require a 30-day comment period to allow for the public to review the proposed
amendment and make comments or suggestions. The 30-day comment period to review
the draft began on August 24, and ended on September 24, 2007. No comments were
received.
Proposed Amendment
In June of 2007, the City of San Diego (dba San Diego Revolving Loan Fund)
approached the City to discuss the possibility of participating in a revolving loan program
targeted to Chula Vista businesses. The program would help retain or grow existing
businesses, as well as help attract new businesses. The City's contribution of $35,000
will be matched 100% by additional grant funds in the San Diego Revolving Loan Fund.
As a CDBG fund recipient, the Fund will have to adhere to specific beneficial and
fmancial reporting requirements to the City to be provided to BUD. Under the BUD
Regulations in order for the activity to be eligible, permanent full time positions must be
created and made available to low/moderate income persons.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and consequently the 500 foot rule found in California Code of
Regulations section 18704.2(a)(l) is not applicable to this decision.
FISCAL IMPACT
Funds totaling $35,000 will be transferred from Projects 4121314333 and 4124319333 to
thenewly established project entitled San Diego Revolving Loan Fund. The funds were
previously budgeted to other activities which have subsequently been completed or
cancelled, returning the funds back to the City's Line of Credit. Therefore, there will be
no net impact to the General Fund or the CDBG program.
ATTACHMENTS
1. New Project Worksheet
2. Subrecipient Agreement
Prepared by: Angelica Davis, Community Development Specialist II
J:\COMMDEVlSTAFF.REP\2007\09-25-07\CDBG Amendment StaffReport.doc
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Attachment 1
Grantee Name: City of Chula Vista
CPMPVerslon2.0
Project Name: San Die 0 Revolvin
Description: IDIS Project #: UOG Code: CA60720 CHULA VISTA
Funds will be utilized to fund a portion of the San Diego Revolving Loan Program which will assist a ChuJa VIsta business
with a business expansion loan which will ultimately result in the creation of a new full time position.
Location:
Chula Vista
Ex ected Completion Date:
06/30/2009
Objective tegory
o Decent Housing
o Suitable Uving Environment
@ Economic Opportunity
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Attachment 2
01Y OF
CHUlA VISTA
AGREEMENT FOR MANAGEMENT AND IMPLEMENTATION OF
A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
City of San Diego
San Diego Revolving Loan Fund
This Contract Number by and between the City of San
Diego dba San Diego Revolving Loan Fund (hereinafter referred to as
"Subrecipient") and the City of Chula Vista (hereinafter referred to as "City") is
effective on ("Effective Date").
WIT N E SSE T H:
WHEREAS, there has been enacted into law the Housing and Community
Development Act of 1974 (the "Act"), the primary objective of which is the
development of viable urban communities by providing federal assistance for
community development activities in urban areas; and
WHEREAS, the City, is authorized to apply for and accept Community
Development Block Grant funds; and
WHEREAS, City incorporated the Subrecipient's proposal for the project
described in Attachment "A" hereof (hereinafter referred to as the "Project")
into the City's Amendment to the Community Development Block Grant/HOME
Investment Partnership/Emergency Shelter Grant Annual Funding Plan which was
submitted to the U.S. Department of Housing and Urban Development (HUD);
and
WHEREAS, HUD has approved the Amendment to the City's Annual
Funding Plan for Community Development Block Grant funds; and
WHEREAS, it is the desire of the Subrecipient and the City that the Project
be implemented by the Subrecipient; and
WHEREAS, the Subrecipient shall undertake the same obligations to the
City with respect to the Project in the City's aforesaid Annual Funding Plan for
participation in the Community Development Block Grant program;
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1. WORK TO BE PERFORMED: Subrecipient shall implement the scope of work
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("Scope of Work") described in Attachment A, hereof fully and in
accordance with the terms of the Annual Funding Plan approved by the
City and submitted to HUD in application for funds to carry out the Project
and the Certifications which were submitted concurrently with the Annual
Funding Plan. The Annual Funding Plan and Certifications form is hereby
incorporated by reference into this contract fully as if set forth herein.
Subrecipient shall also undertake the same obligations to the City that the
City has undertaken to HUD pursuant to said Annual Funding Plan and
Certifications. The obligations undertaken by Subrecipient include, but
are not limited to, the obligation to as applicable comply with each of the
following as may be amended from time to time:
a. The Housing and Community Development Act of 1974 (Public Law
93-383, as amended, 42 USC S 5301, ef seq.);
b. HUD regulations relating to Community Development Block Grants
(24 CFR 570.1, ef seq.);
c. The regulations in 24 CFR Part 58 specifying other provisions of the
law that further the purposes of the National Environmental Policy
Act of 1969 and the procedures by which grantees (City) must fulfill
their environmental responsibilities;
d. Title VI of the Civii Rights Act of 1964 (42 USC S 2000d); Title VII of the
Civil Rights Act of 1964 (Public Law 88-352); Title VIII of the Civil
Rights Act of 1968 (Fair Housing Act, 42 USC S 3601, ef seq.); Section
109 of the Housing and Community Development Act of 1974;
Executive Order 11246, as amended (equal employment
opportunity); Executive Order 11063 [non-discrimination), as
amended by Executive Order 12259; and any HUD regulations
heretofore issued or to be issued to implement these authorities
relating to civil rights;
e. Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701 u. All section 3 covered contracts shall
include the following clause (referred to as the "section 3 clause"):
i. The work to be performed under this contract is subject
to the requirements of section 3 of the Housing and
Urban Development Act of 1968, as amended, 11
U.S.C. 1701u (section 3). The purpose of section 3 is to
ensure that employment and other economic
opportunities generated by HUD assistance or HUD-
assisted projects covered by section 3, shall. to the
greatest extent feasible, be directed to low- and very
low-income persons, particularly persons who are
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CDBG Contract
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recipients of HUD assistance for housing.
ii. The parties to this contract agree to comply with HUD's
regulations in 24 CFR part 135, which implement section
3. As evidenced by their execution of this contract, the
parties to this contract certify that they are under no
contractual or other impediment that would prevent
them from complying with the part 135 regulations.
Iii. The Subrecipient agrees to send to each labor
organization or representative of workers with which the
Subrecipient has a collective bargaining agreement or
other understanding, if any, a notice advising the labor
organization or workers' representative of the
Subrecipient's commitments under this section 3 clause,
and will post copies of the notice in conspicuous
places at the work site where both employees and
applicants for training and employment positions can
see the notice. The notice shall describe the section 3
preference, shall set forth minimum number and job
titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the
name and location of the person(s) taking applications
for each of the positions; and the anticipated date the
work shall begin.
iv. The Subrecipient agrees to include this section 3 clause
in every subcontract subject to compliance with
regulations in 24 CFR part 135, and agrees to take
appropriate action, as provided in an applicable
provision of the subcontract or in this section 3 clause,
upon a finding that the sub-contractor is in violation of
the regulations in 24 CFR part 135. The Subrecipient will
not subcontract with any sub-contractor where the
Subrecipient has notice or knowledge that the sub
contractor has been found in violation of the
regulations in 24 CFR part 135.
v. The Subrecipient will certify that any vacant
employment positions, including training positions, that
are filled (1) after the Subrecipient is selected but
before the contract is executed, and (2) with persons
other than those to whom the regulations of 24 CFR
part 135 require employment opportunities to be
directed, were not filled to circumvent the
Subrecipient's obligations under 24 CFR part 135.
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vi. Noncompliance with HUD's regulations in 24 CFR part
135 may result in sanctions, termination of this contract
for default, and debarment or suspension from future
HUD assisted contracts.
vii. With respect to work performed in connection with
section 3 covered Indian housing assistance, section
7[b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.c. 450e) also applies to the work
to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible [i)
preference and opportunities for training and
employment shall be given to Indians, and (Ii)
preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian-
owned Economic Enterprises. Parties to this contract
that are subject to the provisions of section 3 and
section 7(b) agree to comply with section 3 to the
maximum extent feasible, but not in derogation of
compliance with section 7(b).
f. The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1979, 42 USC S 4601, et seq., and regulations
adopted to implement that Act in 49 CFR Part 24;
g. Office of Management and Budget ("OMB") Circular A-87 entitled
"Cost Principles for state, Local, and Indian Tribal Governments"
and OMB Circular A-133 entitled "Audits of states, Local
Governments, and Non-Profit Organizations." Referenced is
particularly made to 24 CFR 85 entitled "Administrative
Requirements for Grants and Cooperative Agreements to State,
Local, and Federally Recognized Indian Tribal Governments."
h. Grant administrative requirements as described in 24 CFR 570.504,
which requires Subrecipient to return any program income earned
by the Subrecipient in carrying out the activities of the Contract
with the City of Chula Vista.
Upon expiration of this contract, Subrecipient shall transfer to the
City any Community Development Block Grant funds on hand at
the time of expiration and any accounts receivable attributable to
the use of Community Development Block Grant funds. Any real
property under Subrecipients control acquired or improved in
whole or in part with Community Development Block Grant funds in
excess of $25,000 will either be:
1. Used to meet one of the national objectives outlined by HUD
until five years after the expiration of the contract; or
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COBG Contract
Page 4 of 13
2. Disposed. of in a manner that results in the City being
reimbursed in the amount of the current fair market value of
the property less any portion of the value attributable to
expenditures of non-Community Development Block Grant
funds for acquisition of, or improvement to, the property.
Reimbursement is not required after the five year period
pursuant to CFR 570.505.
Program Income on hand at the time of closeout and subsequently
received shall continue to be subject to all applicable Community
Development Block Grant eligibility requirements, provisions of 24
CFR 570.489, and provisions of this contract.
i. 24 CFR 570.505 concerning use of real property;
j. The following laws and regulations relating to preservation of
historic places: National Historic Preservation Act of 1966 (Public
Law 89-665): the Historical and Archaeological Preservation Act of
1974 (Public Law 93-291); and Executive Order 11593;
k. The Labor Standards Regulations set forth in 24 CFR 570.603;
I. Labor Code section 1771 concerning prevailing wages;
m. The Hatch Act relating to the conduct of political activities (5 U.S.c.
91501.etseq.);
n. The Flood Disaster Protection Act of 1973 (42 U.S.C. 9 4001, et seq.,
and the implementing regulations in 44 CFR Parts 59-78);
o. The Rehabilitation Act of 1973 (Public Law 93-112) as amended,
including Section 504 which relates to nondiscrimination in federal
programs and HUD 24 CFR Part 8;
p. The Clean Air Act (42 U.S.c. 9 7401, et seq.) and the Federal Water
Pollution Control Act, as amended (33 U.S.C. 9 1251. et seq.) and
the regulations adopted pursuant thereto (40 CFR Part 6);
q. The Drug-Free Workplace Act of 1988 (Public Law 100-690);
r. The Lead-Based Paint Poisoning Prevention Act, the Residential
Lead-Based Paint Hazard Reduction Act of 1992, and
implementing regulations at 24 CFR Part 35;
s. No member, officer or employee of the Subrecipient, or its
designee or agents, no member of the governing body of the
locality in which the program is situated, and no other public
official of such locality or localities who exercises any functions or
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Page 5 of 13
9-9
responsibilities with respect to the program during his/her tenure or
for one year thereafter. shall have any interest, direct, or indirect, in
any contract or subcontract, or the process thereof, for work to be
performed in connection with the program assisted under the
Grant, and that it shall incorporate, or cause to be incorporated, in
all such contracts or subcontracts a provision prohibiting such
interest pursuant to the purposes of this certification.
t. The Subrecipient certifies, that in accordance with Section 319 of
Public Law 101-121, to the best of his or her knowledge and belief
that:
i. No federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer
or employee of Congress, in connection with the awarding
of any federal contract, the making of any federal grant,
the making of any federal loan, the entering into of any
cooperative contract, and the extension, continuation,
renewals, amendment, or modifications of ahy federal
contract, grant loan, or cooperative contract.
ii. If any funds other than federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any
agency, a member of Congress, or an employee of a
member of Congress in connection with this federal
contract, grant, loan, or cooperative contract, the
undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its
instructions.
t. The Architectural Barriers Act of 1968 (42 U.S.C. S 4151, et seq.);
u. The Americans with Disabilities Act (42 U.S.c. S 12101 J; and
v. The bonding requirements described in 24 CFR Part 85.36 required
for construction or facility improvement contracts or subcontracts that exceed the
simplified acquisition threshold (defined at 41 U.S.C. 403(11 )). These requirements
are further described in Attachment A, which is attached hereto and
incorporated by reference.
2. COMPLIANCE WITH LAWS: Subrecipient shall comply with all
applicable local, state, and federal laws, regulations, and ordinances when
performing the work required by this Contract.
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CDBG Contract
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3. COMPENSATION: City shall reimburse Subrecipient for the costs it incurs
for work performed under this Contract, not to exceed a maximum
reimbursement of $35,000. Subrecipient shall not submit claims to the City nor
shall City reimburse Subrecipient for costs for which Subrecipient is reimbursed
from a source other than the funds allocated for work under this Contract.
4. COMPENSATION SCHEDULE: City shall pay Subrecipient monthly
progress payments upon submittal by Subrecipient of a certified statement of
actual expenditures incurred. provided. however, that not more than 90% of the
total agreed compensation will be paid during the performance of this Contract.
The balance due shall be paid upon certification by Subrecipient that all of the
required services have been completed. Payment by City is not to be construed
as final in the event HUD disallows reimbursement for the project or any portion
thereof. The 10% retention will not apply to acquisition or service contracts.
5. INDIRECT COSTS: If indirect costs are charged, the Subrecipient will
develop an indirect cost allocation plan for determining the appropriate
Subrecipient's share of administrative costs and shall submit such plan to the City
for approval.
6. EXPENDITURE STANDARD: To insure effective administration and
performance of approved Community Development Block Grant projects and
to meet HUD performance standards, Subrecipient shall demonstrate reasonable
progress on implementation of the project, expending all contracted funds
within the term of the contract. In the event all funds are not expended within
the term period, the City shall notify the Subrecipient of the expenditure
deficiency. Subrecipient will have a total of 60 days from the date of the City's
written notification to correct the deficiency. If the deficiency is not corrected
within that time, Subrecipient agrees that the City may reallocate the amount of
the expenditure deficiency.
7. TERM: This contract shall commence when executed by the parties
and shall continue in effect until terminated as provided herein or until
Subrecipient has carried out all its obligations under the contract. Services of
the Subrecipient shall start on the 25th day of September 2007. The term of this
Agreement is for one year and the provisions herein shall be extended to cover
any additional time period during which the Subrecipient remains in control of
CDBG funds or other CDBG assets, including program income.
8. TERMINATION FOR CONVENIENCE: The City may permit the
agreement to be terminated for convenience in accordance with 24 CFR 85.44.
9. AUTOMATIC TERMINATION: This Contract shall terminate at the
discretion of the City if the United States Government terminates the Community
Development Block Grant Program or terminates the Project that is the subject of
this Contract.
10. TERMINATION OF CONTRACT FOR CAUSE: Subrecipient and City
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9-11
recognize that the City is the governmental entity which executed the grant
agreernent received pursuant to the City's application and that City is
responsible for the proper performance of the Project. If Subrecipient fails to fulfill
in a timely and proper manner its obligations under this Contract to undertake,
conduct or perform the Project identified in this Contract. or if Subrecipient
violates any state laws or regulations or local ordinances or regulations
applicable to implementation of the Project, or if Subrecipient violates any
provisions of this contract, City shall have the right to terminate this contract by
giving at least five days written notice to Subrecipient of the effective date of
termination. Even if City terminates the Contract, Subrecipient shall rernain liable
to City for all damages sustained by City due to Subrecipient's failure to fulfill any
provisions of this Contract, and City may withhold any reimbursement payments
form Subrecipient for the purpose of set-off until the exact amount of damages
due to City from Subrecipient is determined. Subrecipient hereby expressly
waives any and all claims for damages for compensation arising under this
contract except as set forth in this section in the event of such termination.
11. CONTRACT ADMINISTRATION: The City Manager of the City of Chula
Vista, shall administer this Contract on behalf of the City. The President of the San
Diego Regional Revolving Loan Fund shall administer this contract on behalf of
the Subrecipient. Within a reasonable tirne after the City makes a request.
Subrecipient shall give the City progress reports or other documentation as
required by the City's Administrator to audit Subrecipient's performance of this
Contract.
12. RECORDS AND REPORTS: The Subrecipient shall rnaintain records and
make such reports as required by the City of Chula Vista, to enable the City to
analyze Subrecipient's project. All records of the Subrecipient related to this
Contract or work performed under the Contract shall be open and available for
inspection by HUD and/or City monitors and auditors during normal business
hours.
13. USE AND REVERSION OF ASSETS: The use and disposition of real property
and equipment under this Agreement shall be in compliance with the
requirements of 24 CFR Part 84 and 24 CFR 570.502, 570.503, and 570.504, as
applicable. which include but are not limited to the following:
a. The Subrecipient shall transfer to the City any CDBG funds on
hand and any accounts receivable attributable to the use
of funds under this Agreement at the time of expiration,
cancellation, or termination.
b. Real property under the Subrecipient's control that was
acquired or improved, in whole or in part, with funds under
this Agreernent in excess of $25,000 shall be used to meet
one of the CDBG National Objectives pursuant to 24 CFR
570.208 until five (5) years after expiration of this Agreement
[or such longer period of time as the Grantee (City) deems
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CDBG Contract
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appropriate]. If the Subrecipient fails to use CDBG-assisted
real property in a manner that meets a CDBG National
Objective for the prescribed period of time, the Subrecipient
shall pay the City an amount equal to the current fair market
value of the property less any portion of the value
attributable to expenditures of non-CDBG funds for
acquisition of. or improvement to, the property. Such
payment shall constitute program income to the City. The
Subrecipient may retain real property acquired or improved
under this Agreement after the expiration of the five-year
period.
c. In all cases in which equipment acquired, in whole or in part,
with funds under this Agreement is sold, the proceeds shall
be program income (prorated to reflect the extent to that
funds received under this Agreement were used to acquire
the equipment). Equipment not needed by the Subrecipient
for activities under this Agreement shall be (a) transferred to
the City for the CDBG program or [b) retained after
compensating the City [an amount equal to the current fair
market value of the equipment less the percentage of non-
CDBG funds used to acquire the equipment].
14. RETENTION: The Subrecipient shall retain all financial records,
supporting documents, statistical records, and all other records pertinent to the
Agreement for a period of five (5) years. The retention period begins on the date
of the submission of the City's annual performance and evaluation report to HUD
in which the activities assisted under the Agreement are reported on for the final
time. Notwithstanding the above, if there is litigation, claims, audits, negotiations
or other actions that involve any of the records cited and that have started
before the expiration of the five-year period, then such records must be retained
until completion of the actions and resolution of all issues, or the expiration of the
five-year period, whichever occurs later.
15. DATA: The Subrecipient shall maintain data demonstrating eligibility
(low-moderate locations, job creation) for services provided. Such data shall
include, but not be limited to exact location of the work performed, and a
description of service provided. Such information shall be made available to City
monitors or their designees for review upon request.
16.. DISCLOSURE: The Subrecipient understands that client information
collected under this contract is private and the use or disclosure of such
information, when not directly connected with the administration of the City's or
Subrecipient's responsibilities with respect to services provided under this
contract, is prohibited by the state of Federal law privacy laws unless written
consent is obtained from such person receiving service and, in the case of a
minor, that of a responsible parent/guardian.
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Page 9 ot 13
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17. SEMI-ANNUAL REPORTS/ANNUAL REPORT: Subrecipient shall provide
the City with a semi-annual report, submitted no later than 15 days after the last
day of the reporting period, which includes a narrative of the services provided,
progress towards meeting the timeline goals stated in the contract, and an
itemized accounting of the expenditures of CDBG funds during the previous
quarter. Failure to submit quarterly reports in a timely manner will result in
withholding of CDBG funds until the report has been submitted. Performance
Reports are due May 15 and November 15.
18. Close Out: The Subrecipient's obligation to the City shall not end until
all close-out requirements are completed. Activities during this close-out period
shall include, but are not limited to: making final payments, disposing of
. program assets (including the return of all unused materials, equipment, unspent
cash advances, program income balances, and accounts receivable to the
City), and determining the custodianship of records. Not withstanding the
foregoing, the terms of this Agreement shall remain in effect during any period
that the Subrecipient has control over CDBG funds, including program income.
19. Proaram Income: The Subrecipient shall report semi-annually all
program income [as defined at 24 CFR 570.500[a)) generated by activities
carried out with CDBG funds made available under this contract. The use of
program income by the Subrecipient shall comply with the requirements set forth
at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such
income during the contract period for activities permitted under this contract
and shall reduce requests for additional funds by the amount of any such
program income balances on hand. Program income shall be retained by the
Subrecipient to use for additional business loans and direct program delivery
costs. Any interest earned on cash advances from the U.S. Treasury and from
funds held in a revolving fund account is not program income and shall be
remitted promptly to the City.
20. INDEMNIFICATION: City shall not be liable for, and Subrecipient shall
defend, indemnify, and hoid harmless the City and its officers, agents,
employees and volunteers against any and all claims, deductibles, self-insured
retentions, demands, liability, judgments, awards, fines, mechanics' liens or other
liens, labor disputes, losses, damages, expenses, changes or costs of any kind or
character, including attorneys' fees and court costs by this Contract arising
either directly or indirectly from any act, error, omission or negligence of
Subrecipient or its officers, employees, agents, Subrecipients, licensees or
servants, including without limitation, claims caused by the concurrent act, error,
omission or negligence, whether active or passive, of City, and/or its agents,
officers, employees or volunteers. However, Subrecipient shall have no
obligation to defend or indemnify City from a claim if it is determined by a court
of competent jurisdiction that such claim was caused by the sole negligence or
willful misconduct of City or its agents or employees.
Subrecipient and its successors, assigns, and guarantors, if any, jointly and
severally agree to indemnify, defend [with counsel selected by City) reimburse
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CDBG Contract
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and hold City and its officers, employees and agents harmless from any claims,
judgments, damages, penalties, fines, costs, liabilities [including sums paid in
settlement of claims) or loss, including attorneys' fees, consultant's fees, and
experts' fees which arise during or after the contract term for any losses incurred
in connection with investigation of site conditions, or any cleanup, remedial,
removal or restoration work required by any hazardous materials laws because
of the presence of hazardous materials, in the soil, ground water or soil vapors on
the premises, and the release or discharge of hazardous materials by
Subrecipient during the course of any alteration or improvements of the Premises
by Subrecipient, unless hazardous materials are present solely as a result of the
gross negligence or willful misconduct of City, its officers, employees or agents.
The indemnification provided by this section shall also specifically cover costs
incurred in responding to:
a. Hazardous materials present or suspected to be present in the
soil, ground water to or under the Property before the commencement date;
b. Hazardous materials that migrate, flow, percolate, diffuse, or in
any way move on to or under the Property following the commencement date;
c. Hazardous materials present on or under the Property as a result
of any discharge, release, dumping, spilling [accidental or otherwise), onto the
Property during or after the term of this Contract by any person, corporation,
partnership or entity other than City.
The foregoing indemnities shall survive the expiration or termination of the
contract any or any transfer of all or any portion of the Premises, or of any
interest in this Contract and shall be governed by the laws of the state of
California.
21. AUDIT COSTS: Subrecipient shall reirnburse City for all costs incurred to
investigate and audit Subrecipient's performance of its duties under the
Contract if Subrecipient is subsequently found to have violated the terms of the
Contract. Reimbursement shall include all direct and indirect expenditures
incurred to conduct the investigation or audit. City may deduct all such costs
from any amount due Subrecipient under this Contract.
22. ENTIRE AGREEMENT: This Contract constitutes the entire agreement of
the parties and supersedes any previous oral or written understandings or
contracts related to the matters covered herein.
23. MODIFICATION. This Contract may not be modified except by written
amendment executed by each party.
24. ACKNOWLEDGEMENT OF FUNDING: Subrecipient shall identify the City
of Chula Vista and the U.S. Department of Housing and Urban Development as
the source of funding, or, if applicable, one of the sources of funding in public
announcements that are made regarding the Project. Acknowledgement of
CDBG Contract
Page 11 of 13
9-15
the City's funding roles, for example, should be included in publicity materials
related to the Project. In addition, Subrecipient agrees that the City shall be
apprised of any special events linked to the Project so that a review can be
made on what role, if any, the City would assume.
25. INSURANCE: Subrecipient agrees to comply with the insurance
requirement set forth in Attachment "B."
26. NO WAIVER: No failure, inaction, neglect or delay by City in exercising
any of its rights under this Contract shall operate as' a waiver, forfeiture or
abandonment of such rights or any other rights under this Contract.
27. NOTICE: Any notice or notices required or permitted to be given
pursuant to this Contract shall be personally served by the party giving notice or
shall be served by certified mail. Notices shall be sufficient if personally served on
or if sent by certified mail, postage prepaid, addressed to:
Subrecipient:
City:
City of Chula Vista
Community Development Director
Community Development Department
276 Fourth Avenue
Chula Vista, CA 91910
President
San Diego Revolving Loan Fund
1200 3rdAvenue, 14the Floor
San Diego, CA 92101
9-16
CDBG Contract
Page 12 of 13
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first
written above.
CITY OF CHULA VISTA
David R. Garcia,
City Manager, City of Chula Vista
APPROVED AS TO FORM
Ann Moore
City Attorney
ATTEST
City Clerk
CITY OF SAN DIEGO, a municipal
corporation, dba San Diego Regional
Revolving Loan Fund
PrintJ~ame of Executive Director or
Desjgllee,Titl~
Attachment A Scope of Work
Attachment B Insurance Requirements
Attachment C Income Limits City of Chula Vista 2007
Attachment D Disclosure Form
CDBG Contract
Page 13 of 13
9-17
ATTACHMENT A
SCOPE OF WORK
City of San Diego dba San Diego Revolving Loan Fund (Subrecipient) has a
certain project to be implemented with CommUnity Development Block Grant
(CDBG) Program funds. The work to be accomplished includes the following:
San Diego Regional Revolving Loan Program
1. Implement a business loan program within the City of Chula Vista
for neighborhood-serving businesses that meets a CDBG National
Objective of job creation. Funds will be used for direct program
delivery costs of operating the program and for the loan pool that
will assist businesses, as allocated in the estimated budget (Section
B). Program funds are available for the following:
. Working capital
. Furniture, fixtures, equipment
. Machinery
. Supplies, materials, inventory
. Other start-up/expansion expenses (excluding building
renovation)
2. Provide business loans using the proceeds from loan repayments.
Funds shall be used for City of Chula Vista businesses for the types
of activities stated in the City of San Diego's San Diego Revolving
Loan Fund Policies and Procedures. The CDBG-funded businesses
shall comply with all applicable local, State, and federal laws (i.e.
licenses, permits).
3. Reporting requirements shall include a spreadsheet with
information on each loan, including name and address of business,
type of neighborhood-serving business, amount of loan, and
contract terms.
. Subrecipient will identify and track the success and
failure of individual loan/grant recipients.
. Subrecipient will monitor the businesses to ensure
program compliance in accordance with CDBG
regulations
. Subrecipient will handle complaints resulting from loan
recipients.
4. Copies of any subagreement(sj with Chula Vista businesses shall be
forwarded to the City within 30 days of execution.
9-18
Attachment "A"
Scope of Work
5. Completion of Loan Applications: Underwritina assessment:
Subrecipient will assist for-profit businesses in completing loan
applications, and will perform an assessment of each loan request
to: (a) determine the CDBG eligibility of the loan, (b) evaluate the
loan's job creation or job retention potential relative to meeting the
National Objective and Public Benefit standards, and (c) ascertain
that the loan will minimize, to the extent practicable, displacement
of existing businesses and jobs in neighborhoods.
The Subrecipient will perform a front-end assessment to determine
whether each loan and the financing terms associated with it are
appropriate, and as part of this assessment will consider the
business' need for financial assistance, the feasibility of the
proposed venture or business activity, the past business experience
of the applicant, the reasonableness of the proposed costs and
return to the appiicant, the commitment of other sources of funds,
and the ratio of the loan amount to the full-time equivalent jobs
expected to be created.
6. Loan Review Committee: The Subrecipient will establish and
maintain a Loan Review Committee, consisting of a representative
of the Subrecipient, and two representatives of local financial
institutions familiar with business loans. The Loan Review Committee
will review all loan recommendations forwarded to it by the
economic development program staff of the Subrecipient. No loan
will be made under the economic development loan program
without the approval of a majority of the members of the Loan
Review Committee.
7. Proaram Income: The SUBRECIPIENT shall:
(Al Maintain appropriate documentation on the
receipt of Program Income (any principal and
interest received from loans made using CDBG
funds); and, (b) report all such income to the City of
Chula Vista Community Development Department
within 30 days of its receipt.
[B) Implement a Loan Policy [hereinafter referred to as
"Plan"). The Plan will contain guidelines for
implementation of the project. The Plan will include
the mission, objectives, and policies and
procedures, including, eligible. applicants, maximum
loan amount, underwriting guidelines, and eligible
types of activities. Any changes to the Loan Policy
must be reviewed by the City.
8. Eliaibilitv of Activitv- Businesses assisted in this program are limited to
Attachment "A"
Scope of Work
9-19
those Chula Vista businesses that provide goods and services to
City of Chula Vista and result in job creation or job retention for low
and moderate income persons. A low moderate income activity is
one which creates or retains permanent jobs, at least 51 % of which,
on a full time equivalent (FTE) basis, are either held by L/M income
persons or considered to be available to L/M income persons
(Attachment E).
9. Public BenefitTest (570.209):
All HUD CDBG Economic Development Activities must pass the
"public benefit test" in addition to satisfying a national objective.
The economic development public benefit test consists of a ratio
measuring job creation to financial assistance provided.
Assistance to all the businesses must not exceed $35,000 per job
created.
10. Job Creation or Retention Activities
These activities designed to create or retain permanent jobs, at
least 51% of which (computed on a full-time equivalent basis) will
be made available to or held by low-and moderate-income
persons.
The following requirements must be met for jobs to be considered
created or retained:
y" If the activity which creates jobs, there must be
documentation indicating that at least 51 % percent of
the jobs will be held by, or made available to, low and
moderate income persons.
For funded activities which retain jobs, there must be
sufficient information documenting that the jobs would have
been lost without the CDBG assistance and that one or both of
the following applies to at least 51 % of the jobs:
y" The job is held by a low-or moderate-income person: or
y" The job can reasonably be expected to turn over within
the following two years and steps will be taken to ensure
that the job will be filled by, or made available to, a low-
or moderate-income person.
y" The following requirements apply for jobs to be
considered available to or held by low and moderate
income persons.
9-20
Attachment "A"
Scope of Work
. Created or retained are only considered to be available to
low and moderate income persons when:
./ Special skills that can only be acquired with substantial
training or work experience or education beyond high
school are not a prerequisite to fill such jobs, or the
business agrees to hire unqualified persons and provide
training; and
./ The recipient and the assisted businesses take actions to
ensure that low-and moderate-income persons receive
first consideration for filling such jobs.
Create of retain jobs are only considered held by low-or moderate
income households when the job actually held by a low-and
moderate-income person.
11. Written Aareements: SUBRECIPIENT must enter into a written
agreement with the business and must include: (1) a commitment by
the business that at least 51 % of the jobs that are created or retained,
on a full-time equivalent basis, are held by low- and moderate-income
persons; (2) a listing by job title of the permanent jobs that will be
created or retained, which identifies the part-time and full-time
positions: (3) the sources and uses of all funds; and, (4) a specific
timeframe for completion. In addition, the written agreement must
include the loan terms established by the SUBRECIPIENT.
12. HUD Performance Measurements Reoortina:
a. DUNS Number: SUBRECIPIENT must obtain a Data Universal
Numbering System (DUNS) from each business that receives CDBG
assistance.
b. Reoort Outcomes of Economic Develooment Activities:
For activities that involve the creation of iobs, Subrecipient will be
required to report the following information:
. Total number of jobs created for the program year.
. The number of jobs with employer sponsored health care
benefits.
. The number of persons who were unemployed prior to
taking jobs created by the activity.
. The number of jobs created for each job type, using the
Economic Development Administration (EDA) classifications.
For activities that involve the retention of iobs, Subrecipient will be
required to report the following information:
. The total jobs retained for the program year.
. The number of jobs with employer sponsored health care
Attachment "A"
Scope of Work
9-21
benefits.
. The type of jobs retained by the EDA classifications, using the
same categories as above for job creation.
13. Monitorina of Job Creation/Retention: The Subrecipient will monitor
loan recipients on at least a quarterly basis to assess their progress in
creating jobs for low- and moderate-income persons, and will institute
default and foreclosure of the loan (with penalties if appropriate) in
instances where the loan recipient fails to take sufficient action to satisfy
the COBG National Objective requirement.
14. Maintenance of Records: In addition to the financial records
regarding loan repayment cited above, the Subrecipient will maintain
sufficient records to fully document (a) the loan application and
underwriting review, including the front end assessment of COBG
eligibility and appropriateness of the loan, (b) the final terms and
conditions of the loan (c) satisfaction of the COBG National Objective,
and Public Benefit requirements consistent with the requirements of 24
CFR 570.208(a) (4) and 570.209 (Public Benefit Test), and (d) proper
utilization of program income received. All such records will be
maintained according to the general requirements of 24 CFR 570.506
and document that at least 51 percent of the jobs will be available to
low- and moderate-income persons, documentation for each assisted
business shall include:
. A copy of a written agreement, containing:
. A commitment by the business that it will make at least 51
percent of the FTE jobs available to low- and moderate-
income persons and will provide training for any of those
jobs requiring special skills or education;
. A listing by job title of the permanent jobs to be created,
indicating which jobs will be available to low- and
moderate-income persons, which jobs require special skills or
education, and which jobs are part-time; and,
. A description of the actions to be taken by the Subrecipient
and business to ensure that low- and moderate-income
persons receive first consideration for these jobs; and
. A listing by job title of the permanent jobs filled, and which jobs
were available to low- and moderate-income persons, as well
as a description of how first consideration was given to any such
persons for these jobs. The description shall include what type of
hiring process was used; the names of the low- and moderate-
income persons interviewed for each such job; and those hired.
9-22
Attachment "A"
Scope of Work
.
For benefrt based on job creation, the following documentation must
be kept:
Where the Subrecipient chooses to document that at least 51
percent of the jobs will be held by low- and moderate-income
persons, documentation for each assisted business shall include:
. A copy of a written agreement, containing:
. A commitment by the business that at least 51 percent of
the jobs created, on a full-time equivalent basis, will be held
by low- and moderate-income persons; and,
. A listing by job title of the permanent jobs to be created
(identifying which are part-time, if any).
. A listing by job title of the permanent jobs filled and which jobs
were initially taken by low- and moderate-income persons; and
. For each low- and moderate-income person hired, information
on the size and annual income of the person's family prior to the
time the person was hired for the job, or evidence that the
person may be presumed to be low or moderate income
based on the location of the business or the person's residence
[see 3570.208(a) (4) [iv)].
For benefit based on job retention. the following documentation must
be kept:
. Evidence that in the absence of CDBG assistance. the jobs
would be lost; and.
. For each business assisted. a listing by job title of permanent
jobs retained. indicating which of those jobs are part-time and
(where it is known) which are held by low- and moderate-
income persons at the time the assistance is provided; and.
. Where applicable, identification of any of the retained jobs
(other than those known to be held by low- and moderate-
income persons) that are projected to become available to
low- and moderate-income persons through job turnover within
two years of the time CDBG assistance is provided, and
information on how the turnover projections were calculated;
and.
Attachment "A"
Scope of Work
9-23
. For each retained job claimed to be held by a low- and
moderate-income person, information on the size and annual
income of the person's family, or evidence that the person may
be presumed to be low or moderate income based on the
location of the business or the person's residence [see
3570.208(a) (4) [iv)]; and,
. For jobs claimed to be available to low- and moderate-income
persons based on job turnover: a description covering the items
required for "available to" jobs identified above; a listing of
each job that has turned over to date, indicating which of
those jobs were either taken by, or made available to low- and
moderate-income persons; and a description of how "first
consideration" was given to low- and moderate-income
persons for those jobs.
A. ESTIMATED TIME SCHEDULE: SUBRECIPIENT will make all good faith and
reasonable efforts to implement the project in compliance with the
following estimated implementation schedule, or earlier:
June 30, 2008
B. ESTIMATED BUDGET: SUBRECIPIENT shall make all good faith and
reasonable efforts to complete the work under this Contract within the
following estimated budget. In no case shall SUBRECIPIENT be entitled to,
nor shall CITY reimburse SUBREClPIENT, for more than $35,000 for work
performed under this Contract.
. Business Loans and reasonable program delivery costs up $35,000
. 1 % of the loan proceeds and initial grant amount of $35,000 may
be used for program delivery costs.
In addition to the required quarterly reports identified in Section 12 of this
CONTRACT, the Subrecipient shall document job creation/job retention
mentioned above to ensure that at least 51 percent of those served are at or
below 80 percent of the Area Median Income as established by the U.S.
Department of Housing and Urban Development (HUD). This information is to be
coilected and compiled at the end of the each City of Chula Vista fiscal year
(June 30th) for five (5) years, and shall be submitted to the City of Chula Vista
Community Development Department upon receipt of a written request and at
the time of any monitoring of project records.
9-24
Attachment "A"
Scope of Work
ATTACHMENT B - #1
INSURANCE REQUIREMENTS FOR CONTRACTORS
COY OF
CHUlA VISTA
Contractor must procure insurance against claims for injuries to persons or damages to
property that may orise from or in connection with the performance of the work under
the controct and the results of that work by the Contractor, his agents,
representatives, employees or subcontractors and provide documentation of same
prior to commencement or work. The insurance must be maintained for the duration
of the contract.
Minimum Scope of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001)
2. Insurance Services Office Form Number CA 0001 covering Automobile Liability,
codel (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insuronce.
Minimum Limits of Insurance
Contractor must maintain limits no less than:
1. General Liability:
(Including operations,
products and completed
operotions, as
applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
$1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial Generol Liability
insurance with a general aggregate limit is used, either
the general aggregate limit must apply separately to this
project/location or the general aggregate limit must be
twice the required occurrence limit.
$1,000,000 per accident for bodily injury and property
damage.
statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
Deductibles and Seff-/nsured Retentions
Any deductibles or self-insured retentions must be declored to and approved by the
City. At the option of the City, either the insurer will reduce or eliminate such
deductibles or self-insured retentions as they pertain to the City,-its officers, officials,
employees and volunteers; or the Contractor will provide a financial guorantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration, and defense expenses.
Attachment "B"
Insuronce Requirements
9-25
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's
compensation policies are to contain, or be endorsed to contain, the following
provisions:
1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers
are to be named as additional insureds with respect to liability arising out of
automobiles owned, leased, hired or borrowed by or on behalf of the
contractor, where applicable, and, with respect to liability arising out of work or
operations performed by or on behalf of the contractor including providing
materials, parts or equipment furnished in connection with such work or
operations. The general liability additional insured coverage must be provided
in the form of an endorsement to the contractor's insurance using ISO CG 2010
(11/85) or its equivalent. Specifically, the endorsement must not exclude
Products / Completed Operations coverage.
2. The contractor's insurance coverage must be primary insurance as it pertains to
the City, its officers, officials, ernployees, agents, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or
volunteers is wholly separate from the insurance of the contractor and in no
way relieves the contractor from its responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that
coverage will not be canceled by either party, except after thirty (30) days'
prior written notice to the City by certified mail, return receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active
negligence of the additional insured in any case where an agreement to
indemnify the additional insured would be invalid under Subdivision (b) of
Section 2782 of the Civil Code.
5. Contractor's insurer will provide a Waiver of Subrogation in favor of the City for
each required policy providing coverage during the life of this contract.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the
State of California with a current A.M. Best's rating of no less than A V. If insurance is
placed with a surplus lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best's rating of no iess than AX.
Exception may be made for the State Compensation Fund when not specifically
rated.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements should
be on insurance industry forms, provided those endorsements conform to the contract
requirements.
All certificates and endorsements are to be received and approved by the City before
9-26
Attachment "B"
Insurance Requirements
work commences. The City reserves the right to require, at any time, complete,
certified copies of all required insurance policies, including endorsements evidencing
the coverage required by these specifications.
Subcontractors
Contractor must include all subcontractors as insureds under its policies or furnish
separate certificates and endorsements for each subcontractor. All coverage for
subcontractors are subject to all of the requirements included in these specifications.
Attachment "B"
Insurance Requirements
9-27
ATTACHMENT C
HUe INCOME LIMITS 2007-CITY OF CHULA VISTA
$ 39,300.00
24,550.00
14.750.00
2
44,950.00
28,100.00
16,850.00
3
50,550.00
$
31,600.00
18,950.00
4
56,150.00
35,100.00
21,050.00
5
60,650.00
37,900.00
$
22.750.00
6
65,150.00
40,700.00
24.400.00
7
69,650.00
43,500.00
26,100.00
8
$ 74,1000.00
$
46,350.00
$
27,800.00
9-28
Attachment "e"
HUD Income Limits
ATTACHMENT C (Continued)
CDBG FUNDED PROJECTS QUALIFYING ON THE JOB CREATION/JOB RETENTION
Your cooperation in filling out this form is requested. Record keeping on income of participants in the
program is a condition of receipt of federal funds for the program. The information
provided on this form will remain confidential but may be subjected to verification by responsible
local and federal agencies. Self-identification of race and ethnicity is voluntary.
1. What is the total number of persons in your household?
2. What is the total combined annual income of all members of your household? [Please check
one line below.)
_Below $39,300 _$60,651-$65,150
_$39,301-$44,950 _$65,151-$69,650
_$44,951-$50,550 _$69,651-$74,100
_$50,551-$56,150 _Over $74,101
_$56,151-$60,650
(NOTE: The above information is for 2007 and changes each calendar year. To obtain updated
information go to http://www.huduser.ora/datasets/il.htmland search for income limits for the
San Diego area:)
3. Please check the ox be ow a es escn es vour amllv.
RACE CATEGORIES HISPANIC/
ETHNICITY
Check One Race Category Only Check Only If Also
Hispanic
White
Black/African American
Asian
American Indian/Alaska Native .
Native Hawaiian/ Other Pacific Islander
Multi-Racial:
American Indian/Alaska Native AND White
Asian AND White
Asian AND Pacific Islander
Black/African American AND White
American Indian/Alaska Native AND Black/African American
Other Multi Racial
b
th t b t d
'b
f '1
Name:
Household Address:
Signature:
(Print)
Telephone Number:
Note: Name, address, telephone and signature are optional. An unique identifier may be used to
trace client served to meet CDBG limited clientele requirement.
Attachment "e"
HUD Income Limits
9-29
Attachment "0"
Disclosure Statement
Attachment "D"
Disclosure Form
9-30
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2007-08
ANNUAL ACTION PLAN TO REALLOCATE $35,000 OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO
THE SAN DIEGO REGIONAL REVOLVING LOAN FUND;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
NECESSARY DOCUMENTS; AND ESTABLISHING THE SAN
DIEGO REVOLVING LOAN PROJECT AND AUTHORIZING
INTERPROJECT TRANSFERS AS NECESSARY
WHEREAS, on May I, 2007, the City Council approved submittal of the Community
Development Block Grant (CDBG) and the HOME Investment Partnership (HOME) Program
Annual for Fiscal Year 2007-08, respectively, to the U.S. Department of Housing and Urban
Development; and,
WHEREAS, the City desires to amend the CDBG, HOME, and ESG Program to reallocate
$35,000 of unallocated CDBG funds from closed activities to a new 2007-08 Economic
Development Project, entitled San Diego Revolving Loan Fund; and,
WHEREAS, Federal regulations governing the CDBG, HOME and ESG Programs state that
significant programmatic and funding changes to the Plan constitute an amendment to the Plan; and,
WHEREAS, in compliance with HUD regulations and the City's Citizen Participation Plan, a
Plan Amendment requires a 30-day public review and comment period; and,
WHEREAS, pursuant to HUD regulations City's Citizen Participation Plan, the City began a
review and comment period on August 24, 2007, which ended on September 24 with no comments
received; and,
WHEREAS, on July 25, 2007. City Council held a noticed public hearing to consider the
Plan Amendment and the reallocation of CDBG funds; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby amend the 2007-08 Annual Action Plan and a\lthorizes the submission of the Amendment to
the United States Department of Housing and Urban Development; and,
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute a
Subrecipient agreement and any necessary minor amendments with the San Diego Revolving Loan
Fund; and,
BE IT FURTHER RESOLVED, that the City Council of the City Of Chula Vista does hereby
establish a new project entitled San Diego Revolving Loan Fund and authorize the interproject
transfer of$35,000 from Projects 4121314333 and 4124319333.
Ann Hix
Acting Director of Community Development
Presented by
9-31
~~f?
ii!lIIliiiii
~~~~
-::.,..- -~
ClN OF
CHUlA VISTA
OFFICE OFTHE CITY ATTORNEY
REPORT TO THE HONORABLE MAYOR
AND CITY COUNCIL
TO:
Honorable Mayor and City Council
VIA:
City Attorney Ann Moore Q. (V\ .
Joan F. Dawson, Deputy City Attorney9~
September 25, 2007
FROM:
DATE:
RE:
Campaign Contribution Ordinance
INTRODUCTION
On August 14, 2007, the City Council directed the City Attorney to return to
Council with a Report outlining the ambiguities with the existing campaign contribution
ordinance, found at Chula Vista Municipal Code Chapter 2.52, and proposing language to
clarify these ambiguities without making any substantive changes or adding any new
concepts. As requested by the City Council, the City Attorney's Office has prepared this
Report, which discusses questions raised by the existing campaign contribution ordinance
and analysis of those questions. Attached to this Report, as Exhibit A, are recommended
changes in ordinance form, with explanatory notes included. As directed, the City
Attorney's Office has worked to make language changes to the 2004 ordinance to clarify
its existing intent, and not to add any new concepts. The recommended changes are
highlighted in blue. The portions of the proposed ordinance that are underlined and in red
highlight policy questions that require Council determination. Also, attached at Exhibit B
is a summary of the existing campaign contribution ordinance, approved by the Council
in 2004. Attached at Exhibit C is the actual 2004 ordinance, for reference.
BACKGROUND
In 2004, the City Council amended the Chula Vista Municipal Code to add a
revised Chapter 2.52 regarding campaign contributions. This amendment was the result
of a process started in November 2001, when the City Council asked then-City Attorney
John Kaheny to return to the Council with a revised campaign contribution ordinance. In
2001, the San Diego County Board of Supervisors appointed a nine-member San Diego
Election Campaign Finance and Control Commission to create a model ordinance and use
it as a tool in drafting local ordinances. City Attorney Kaheny recommended a complete
276 FOURTH AVENUE. CHULA VISTA. CALI~iJIA 91910. (619) 691-5037. FAX (619) 409-5823
~ Po.t-Conaume. Reoyd.d p....,
Honorable Mayor and City Council
September 25, 2007
Page 2
review of Chula Vista's campaign contribution provisions, in part as a result of the work
of the County Commission.
The City's 2004 ordinance revisions were based on the model ordinance
developed by the County Commission and modified to meet the needs of Chula Vista.
The revised ordinance also included provisions adopted from other jurisdictions. Prior to
its approval by the Council, the 2004 ordinance was prepared and reviewed by an Ad Hoc
Committee, which included a member of the Charter Review Commission, the Ethics
Commission, then-Councilmember Patty Davis, and former Councilmember John Moot.
The 2004 ordinance is summarized in Exhibit B to this Report. The ordinance itself is
contained in Exhibit C.
In 2007, it was brought to the Council's attention that the revised 2004 campaign
ordinance had areas of ambiguity that needed review and possible revision. The revised
ordinance had been in place for two elections, the general election in June 2006 and the
special election in November 2006.
On March 20, 2007, the City Council voted to form a new Ad Hoc Committee to
review the 2004 campaign contribution ordinance. The Council determined that the
Committee should be composed of one member each from the previous Ad Hoc
Committee on campaign finance, the Charter Review Commission, and the Board of
Ethics. The Council directed the Ad Hoc Committee to review implementation of the
2004 ordinance. Councilmember Ramirez stated he wanted to limit discussions on
increasing campaign contribution limits, allowing others besides individuals to contribute
to candidates, or on anything else that would expand the ordinance.
The new Ad Hoc Committee was formed with former Councilmember John Moot,
who served on the prior campaign finance committee, serving as the Chair. Also on the
Committee were Michael German from the Board of Ethics and Humberto Peraza from
the Charter Review Commission. City staff members assisting the Ad Hoc Committee
were City Clerk Susan Bigelow, Assistant City Clerk Donna Norris, Deputy City
Attorney Joan Dawson, and Legal Assistant Cheryl Ponds. The Committee thoroughly
reviewed the existing ordinance, including information on implementation from City
Clerk Susan Bigelow.
In preparing this Report, the City Attorney's Office has done a thorough review of
the language of the ordinance, gathered information from the City Clerk on questions
raised during the 2006 election cycle, considered the discussion of the Ad Hoc
Committee, and responded to the City Council's request of the City Attorney in August
2007. The City Attorney's Office has prepared a draft ordinance, attached as Exhibit A,
10-2
CITY OF CHULA VISTA
Honorable Mayor and City Council
September 25, 2007
Page 3
with recommended changes to clarify the existing provisions of the 2004 ordinance, and
not to change existing intent or add new concepts.
DISCUSSION
A. Areas of Ambil!:uitv
The City Attorney's Office has reviewed the 2004 campaign contribution
ordinance on its face, meaning the actual words used, and as it has been applied to issues
raised during the general election in June 2006 and the special election in November
2006. As noted above, a summary of the 2004 ordinance is attached to this Report as
Exhibit B. The existing ordinance is attached as Exhibit C.
As reported by the City Clerk, portions of the 2004 ordinance have caused
confusion for candidates and for the City Clerk's Office. The areas of concern are related
to (I) the noticing provisions and (2) suspension of contribution and loan limits. The
City Attorney's review of the ordinance also found inconsistencies related to (3) the
written notice to contributors, (4) the intent required for a violation of the ordinance,
and (5) the terminology used in the ordinance that could be clarified in certain
provisions. These five areas of concern and/or inconsistency are discussed in detail, as
follows.
1. Noticing Provisions
Questions Presented: As reported by the City Clerk, the following questions have
been raised by candidates regarding the noticing provisions for personal loans (meaning
personal funds a candidate loans himself or herself) and personal funds spent by a
candidate:
. Does a personal loan (a loan by a candidate to himself or herself) require
noticing?
. Is notification for the use of personal funds in excess of$5,000 required more
than once, if a candidate continues to contribute to him or herself amounts of
more than $5,000? As an example, if a candidate contributes $6,000 to his or
her campaign and provides notice, must the candidate provide new notice ifhe
or she contributes another $1,000 or $5,000?
. During what period of time does the $5,000 threshold for noticing apply,
during a campaign for a single election contest, meaning the general/primary
election or the special/run-off election, or during the entire campaign for a
single elective office, including both the general/primary election and the
special/run-off election?
CITY Of-I~H~LA VISTA
Honorable Mayor and City Council
September 25, 2007
Page 4
. What if a candidate spends or loans himself or herself personal funds that
requires noticing, but the candidate fails to provide notice, can his or her
opponents suspend contribution limits?
Analysis: The answer to the first question, whether a candidate has to give notice
to his or her opponents if the candidate plans to loan him or herself personal funds, is not
clearly provided on the face of the ordinance. However, the ordinance clearly requires a
candidate to give notice to opponents when the candidate intends to spend or contribute
more than $5,000 in personal funds "in connection with an election campaign." CVMC
92.52.100(A). This ambiguity regarding noticing of personal loans is further caused by
the fact that a candidate may suspend the $300 campaign contribution limit ifhis or her
opponent lends himself or herself any amount of money. CVMCS 2.52.090(D). If a
candidate can suspend the $300 contribution limit when an opponent loans himself or
herself money, how is the candidate to know about the opponent's loan without a
noticing requirement?
As a general rule, statutory provisions should be read and construed as a whole in
harmony with other provisions relating to the same general subject. Lubey v. City and
County of San Francisco, 98 Cal. App. 3d 340, 347-48 (1979). See also Moyer v.
Workmen's Camp. Appeals Bd., 10 Cal. 3d 222, 230 ("the various parts ofa statutory
enactment must be harmonized by considering the particular clause or section in the
context of the statutory framework as a whole").
Existing section 2.52.100 requires a candidate to provide notice to opponents and
the City Clerk when the candidate intends to spend or contribute more than $5,000 in
personal funds. The purpose of this notice is to allow opponents to suspend the $300
contribution limit, as allowed by section 2.52.1 OO(B), up to the amount of personal funds
used. The Council's intent with this provision was to level the playing field, to allow a
candidate who does not have the ability to contribute personal funds to seek more money
from supporters. Section 2.52.090(D) provides a candidate with the same ability to level
the playing field when an opponent has made a loan of personal funds to a campaign,
allowing a candidate to suspend the $300 contribution limit up to the amount of the
opponent's personal loan. When reading the 2004 ordinance as a whole, the noticing
requirement for the use of personal funds should be read to apply to personal loans. A
candidate should be required to provide notice when he or she loans himself or herself
any amount of money because the suspension of the contribution limits is triggered by "a
candidate who has made a loan to his or her campaign," pursuant to section 2.52.090(D).
The recommended change to clarify the noticing provision is contained at proposed
section 2.52.060, attached at Exhibit A.
Honorable Mayor and City Council
September 25, 2007
Page 5
Regarding the second question on noticing, it is clear that a candidate must
provide notice when he or she spends or contributes more than $5,000 of personal funds
"in connection with an election campaign." CVMC S 2.52.1 OO(A). However, it is not
clear whether a candidate must provide new notice with each additional contribution
above the $5,000 threshold. If the intent is to level the playing field, it follows that once a
candidate has reached the $5,000 threshold, each contribution thereafter should require
separate notice. This would allow the candidate's opponents to lift the contribution limits
to keep up with the candidate's use of personal funds. This ambiguity should be
addressed by adding clarifying language. Suggested language is found in section 2.52.060
of the proposed ordinance, at Exhibit A.
The third question relates to whether the $5,000 threshold applies to a campaign
for a single election contest.or a campaign for a single elective office (meaning for both
the general/primary and the special/run-off elections). The language of existing section
2.52. I OO(A) states, "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. . . ." Election campaign appears to imply the entire
campaign for a single elective office, rather than each individual election (or "single
election contest"). This interpretation would mean that a candidate could not spend more
than $5,000 during the entire election cycle without providing notice. However, the
majority of the rules regarding contributions contained in the ordinance relate to limits
for a single election contest, not the entire campaign. As an example, a candidate may
receive $300 from a contributor in the general/primary election and another $300 in the
special/run-off election. The Council should clarify the meaning of "election campaign,"
contained within existing section 2.52.l00(A), in order for the City Attorney's Office to
make the appropriate changes in the ordinance. This policy question is highlighted in red
and underlined in the proposed ordinance, at sections 2.52.040(1) and 2.52.060, in
Exhibit A.
The fourth question regarding noticing is whether a candidate may suspend the
contribution limits ifhis or her opponent has not provided proper notice of the use of
personal funds as required by the ordinance. The answer based on the plain language of
existing section 2.52. 1 OO(B) appears to be "no." However, this interpretation does not
capture the intent ofthe suspension provisions, which is to level the playing field. It is
recommended that the Council add a provision allowing a candidate to suspend limits if
there has been notice provided by an opponent or if the candidate discovers the use of
personal funds and/or personal loans by an opponent through a campaign disclosure
statement. The recommended language is added in the attached proposed ordinance, at
sections 2.52.040(1) and 2.52.050(C) in Exhibit A.
CITY oF18.:;aLA VISTA
Honorable Mayor and City Council
September 25, 2007
Page 6
2. Suspension of Limits
Questions Presented: The 2004 ordinance allows candidates to suspend the
campaign contribution and loan limits under certain circumstances. As reported by the
City Clerk, the following questions have been raised by candidates regarding the
suspension oflimits:
. Can a candidate suspend contribution limits if he or she knows that his or her
opponent has failed to provide the required notice? If so, when can the
candidate suspend the limits? Does he or she have to wait until the next filing
deadline to find out before suspending the limits?
. When there is a suspension of limits, what portion of a contribution counts
toward leveling the playing field, the entire amount of the contribution, or the
amount in excess of$300?
. Should the suspension oflimits be limited to the single election contest
(general or special election) in which an opponent contributes more than
$5,000 in personal funds or any amount in personal loans, or for the entire
election cycle (general and special elections)? In other words, should the
ability to suspend the limits carryover from the general to the special
election?
· Does the personal loan limit of $20,000 apply to both a general/primary
election and a special/run-off election together, or does the loan limit apply to
each single election contest?
Analysis: Regarding the first question of what a candidate can do if there is a
failure by an opponent to properly notice a use of personal funds, this question was also
raised and discussed in the subsection regarding noticing, above. The intent of the
suspension provisions is to level the playing field. If a candidate were only permitted to
suspend the limits with proper notice by an opponent, the candidate would be penalized
for failure of an opponent to comply with the noticing requirements. It is recommended
that the Council clarify this provision, by allowing a candidate to suspend limits when
there has been actual notice, as required by the ordinance, or when there has been
discovery through a campaign filing statement. The recommended language is added in
the proposed ordinance, at sections 2.52.040(I) and 2.52.050(C), at Exhibit A.
The second question that has been raised is what portion of a contribution counts
toward leveling the playing field, under a suspension of limits, the entire amount of the
contribution or only the amount in excess of $300? One provision in existing sections
2.52.090(0) and 2.52.1 OO(B) states that a candidate can receive contributions "in excess"
of the $300 limit up to the amount of the personal loan or personal funds deposited by an
opponent. The next sentence in each of these sections states that the contributions that
CITY OFI8HBLA VISTA
Honorable Mayor and City Council
September 25, 2007
Page 7
count toward leveling the playing field are those "within or in excess" of the limitation.
This second sentence is conceptually flawed. There is no limit to the number of $300
contributions a candidate may receive. Therefore, conceptually, the use ofthe
phrase"within or" does not make sense and should be deleted from existing sections
2.52.090(D) and 2.52.1 OO(B). This deletion has been made in the proposed ordinance, at
Exhibit A.
Regarding the third question on the period of time permitted for a suspension of
the loan and/or contribution limits, the existing ordinance states that the suspension shall
continue from the date an opponent makes a loan of any amount or contributes personal
funds of more than $5,000 until the candidate receives contributions equaling the amount
of the personal loan or personal funds deposited into the opponent's campaign
contribution account. Does this mean the suspension of limits carries over from a
general/primary election to a special/run-off election for the same elective office? This
question requires analysis of the language in relation to other provisions of the existing
ordinance.
Certain provisions in the ordinance relate limits to a "single election contest." The
ordinance defines "single election contest" as either a general or special election. CYMC
9 2.52.030(M). The campaign contribution limit of $300 applies to a single election
contest, allowing a candidate to accept $300 from a contributor for the general/primary
election and another $300 from the same contributor in a special/run-off election. CYMC
9 2.52.040(A).
In existing section 2.52.090(C), the $20,000 personal loan limit applies to the
"campaign" of a "candidate for elective city office," which implies it is an aggregate limit
for the entire election cycle. Further, the notice requirement for personal contributions of
more than $5,000 is "in connection with an election campaign," as contained in existing
section 2.52.l00(A). However, "campaign" and "election campaign," as used in existing
sections 2.52.090(C)(loan limit) and 2.52. I OO(A)(noticing provision), are not defined.
A candidate running for city office may have to participate in both a
general/primary election and a special/run-off election. Both elections are for a single
elective office, and both will require a campaign. Therefore, it follows that when the
2004 ordinance refers to a "campaign" for city office or an "election campaign," the
intended meaning is the entire election cycle. Further, the 2004 ordinance allows a
candidate to carryover contributions from the general election to a special election
(CYMC 2.52.040(D)). Taken together, these provisions imply the Council's intent was to
allow a candidate to continue suspension oflimits for the entire campaign, including both
the general election and the special election. If it is the Council's intent that a candidate
be permitted to carryover a suspension of limits from a general to a special election, this
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CITY OF~CHOLA VISTA
Honorable Mayor and City Council
September 25, 2007
Page 8
provision should be clearly set forth. This policy clarification by the Council is needed, as
highlighted in red and underlined, at sections 2.52.040(1) and 2.52.050(C) of the
proposed ordinance, at Exhibit A.
Regarding the fourth question on the loan limit of $20,000, the existing ordinance
states, "A candidate for elective city office may not personally loan to his or her
campaign an amount in excess of$20,000." Given the plain language of this provision
and the analysis provided above, it appears the Council's intent was to place the $20,000
loan limit on the entire campaign, meaning both the general and special elections. It is
requested that the Council address this policy question by reviewing the proposed
language at section 2.52.050(A) of the proposed ordinance, at Exhibit A.
3. Written Notice to Contributors
Existing section 2.52.080 requires candidates to provide written notice to
contributors regarding the contribution limits. Pursuant to the 2004 ordinance, the
required notice must provide that Chula Vista's ordinance limits contributions to both
candidates and candidate-controlled committees, and independent expenditure
committees, to $300 per contributor. However, the ordinance does not regulate
independent expenditure committees, such as the Republican or Democratic Parties.
According to the City Clerk, some independent expenditure committees are local
committees, some are state committees, and most are multi-purpose committees. A
candidate has no control over these committees. It is recommended that the notice be
changed by deleting reference to independent expenditure committees to reflect the intent
of the existing 2004 ordinance.
4. Intent
The City Attorney's review of the 2004 ordinance found that the existing
ordinance is inconsistent as to the intent required to prove a violation. At current section
2.52.060(C), it states a candidate must "knowingly" accept a payment or contribution to
be in violation. "Knowingly" as used there is a specific intent, meaning to violate the
chapter a candidate must not only accept and expend a contribution in violation of the
chapter, but must know that accepting and expending the contribution is in violation.
Elsewhere, at section 2.52. I 80(A), the criminal violation requires a "willful" act, which
means purposeful, without the specific intent of "knowingly." To prove a civil violation,
a candidate must "intentionally or negligently" violate the provisions of the chapter. It is
recommended that the City Council consider changing the intent language so that it is
consistent throughout the ordinance.
CITY OFI&i:lbLA VISTA
Honorable Mayor and City Council
September 25, 2007
Page 9
5. Terminology
Throughout the 2004 ordinance, there are inconsistencies with use of terminology.
There are extra words that could be deleted. Further, there are ways to make the
ordinance more reader-friendly. Analysis of the inconsistencies identified by the City
Attorney's Office, as well as proposed changes, is set forth more fully below. Also,
please refer to the notes attached to the proposed ordinance, at Exhibit A, for specific
details on words that have been deleted or sections that have been moved and/or
renumbered.
B. Recommended Chanl!:es
Upon review of the 2004 ordinance, the City Attorney's Office has restructured
the existing ordinance to clarify existing provisions and address the areas of concern
discussed above as well as the other issues described below. Most of the recommended
restructuring involves moving provisions that relate to the same subject matter under
consolidated section headings. The goal is to have all of the rules regarding contributions,
loans, and noticing requirements grouped together.
A proposed amendment to the 2004 ordinance is attached as Exhibit A with notes
indicating the proposed changes. New language, which is either re-written or added to
clarify provisions, is highlighted in blue in the proposed ordinance. Language highlighted
in red and underlined in the proposed ordinance requires a policy decision by the
Council. Please refer to the notes attached to Exhibit A for specific and detailed
information on renumbered provisions and on terminology that has been deleted because
it is redundant or inconsistent.
Analysis of the recommended changes is as follows:
1. Section 2.52.020IInterpretation of chapter
Subsection C is new language, adding a "grandfather provision" to address how
any new provisions will relate to existing councilmembers with campaign accounts,
funds, or debts and existing candidates with campaign accounts, funds, or debts.
2. Throughout the ordinance, reference to "candidate for city elective office"
should be replaced with "candidate." The extra words are not necessary because
"candidate" is presently defined at section 2.52.030(C), as "any individual seeking any
city elective office, the candidate's campaign committee, committee(s) controlled by the
candidate, agents of the candidate."
1(}.9
CITY OF CHtlLA VISTA
Honorable Mayor and City Council
September 25, 2007
Page 10
3. Section 2.52.030/Definitions
Add definition for "campaign contribution account." This term is used in the 2004
ordinance at section 2.52.140. The term should be added to the definition section because
that is good legislative drafting practice. The proposed definition is consistent with
existing section 2.52.140, and Government Code section 8520 I.
4. Section 2.52.030/Definitions
Delete definition for "intermediary" because it is not used elsewhere in the
ordinance.
5. Section 2.52,040/Campaign contributions
Recommend title change to be more reader friendly. Also, all ofthe provisions
regarding the same subject matter of contributions to candidates have been moved from
elsewhere in the chapter and brought under this section. The purpose is to have all ofthe
rules regarding campaign contributions in one section for ease of reading and
understanding.
6. Section 2.52.040(I)(proposed subsection)/Campaign contributions
Recommend adding this subsection regarding suspension of the campaign
contribution limits here. The rules regarding suspension are taken from sections
2.52.090(D) and 2.52.100(8) of the 2004 ordinance.
7. Section 2.52.090 (proposed number change)/Return of prohibited
contributions
Existing sections 2.52.070(A) and (8) are inconsistent in that subsection A calls
for return of prohibited contributions within three business days and subsection 8 calls
for return of prohibited contributions within 24 hours of discovery. The recommended
change incorporates the "three business days" timeline. Also, it is recommended that
subsections A and 8 of the existing 2004 ordinance be combined into one subsection for
ease of reading because both subsections deal with the time frame for return of
contributions. Existing section C then would become the new subsection B. The entire
existing section is moved to section 2.52.090.
WilO
CITY OFLtk .A VISTA
Honorable Mayor and City Council
September 25, 2007
Page 11
8. Section 2.52.100 (proposed number change)/Written solicitation by
candidates
The 2004 ordinance requires candidates making written solicitations to include a
notice on all solicitations. The requisite notice states that the City's campaign
contribution ordinance limits contributions to both candidate-controlled committees and
"to regulated independent expenditure committees." However, candidates cannot control
independent expenditure committees. Further, the existing campaign contribution
ordinance does not intend to place limits on independent committees. It is recommended
that the language of the requisite notice be revised to accurately reflect the legal
provisions and intent of the existing ordinance.
9. Section 2.52.090 (existing)/Loans and Section 2.52.100 (existing)!
Notice regarding use of personal funds
Under the 2004 ordinances, certain provisions within these two sections are
inconsistent; therefore, these sections will be addressed together in this Report. It is
recommended that all provisions regarding loans be moved into a new section 2.52.050,
and the noticing provisions for both personal funds and loans be moved into a new
section 2.52.060.
The existing rules regarding loans are as follows:
. A loan or extension of credit from the maker ofthe loan, other than a
commercial lending institution, is considered a contribution subject to the
$300 limit. (CYMC S 2.52.090).
. A candidate may not personally loan to his or her campaign more than
$20,000. (CYMC S2.52.090(C)). Presently, it is not clear whether a candidate
who loans himself or herself money is required to notify opponents. Noticing
is required when a candidate expends or contributes more than $5,000 in
personal funds.
. If a candidate loans himself or herself funds, each opponent can solicit and
receive, and contributors to the opponent may make, contributions in excess
of the $300 limit contained in CYMC 2.52.040 up the amount of the
candidate's loan. The limits shall be suspended from the date the candidate
made a loan. (CYMC S 2.52.090(D)).
. If a candidate gives notice of use of personal funds in an amount of more than
$5,000, as required by CYMC 2.52.100, then each opponent is not bound by
the loan limitation of $20,000, to the extent the amount of personal funds
contributed exceeds $20,000. (CYMC S 2.52.090(E)).
10-11
CITY OF CHULA VISTA
Honorable Mayor and City Council
September 25, 2007
Page 12
Simply put, all loans equal contributions, except when from a commercial lending
institution; a candidate may not make a personal loan of more than $20,000 to his or her
campaign; if a candidate makes a personal loan of any amount, the other candidates may
suspend the $300 contribution limit up to the amount of the loan; and a candidate may
suspend the loan limit of $20,000 if an opponent is using personal funds in an amount of
more than $20,000 and provides notice.
The existing rules regarding personal funds are as follows:
. There is no limitation on personal funds a candidate may contribute; however,
if a candidate contributes more than $5,000 in personal funds in connection
with an election campaign, there is a notice requirement. (CVMC S
2.52.100(A)). Written notice must be provided to all opponents and the City
Clerk within a specified time, and the funds must first be deposited into the
candidate's campaign contribution account.
. If a candidate provides notice of the use of personal funds of more than
$5,000, each opponent may solicit and receive, and contributors may make,
contributions in excess of $300.00 up to the amount of personal funds.
The City may not restrict a candidate's use of personal funds because to do so
would be an infringement of the candidate's First Amendment right to free speech (see
Buckley v. Valeo, 424 U.S. I, 57 (1976); however, reporting and disclosure requirements
placed upon a candidate may be imposed.
The 2004 ordinance places a disclosure requirement on a candidate who intends to
spend more than $5,000 in personal funds in connection with an election campaign. As
explained in sections A (1) and (2) ofthis Report, an issue was raised in the 2006 election
as to whether the 2004 ordinance places a disclosure requirement on a candidate who
intends to loan himself or herself personal funds with the intent to repay the loan to
himself or herself. The ambiguity is one of the reasons for the City Council's referral to
the Ad Hoc Committee earlier this year for review of the 2004 ordinance. For the reasons
set forth in Sections A (1) and (2) of this Report, it is recommended that this ambiguity
be clarified by clearly stating that the notice requirement now applies to both situations
involving the use of personal funds (outright contributions and personal loans). The
recommended changes are found in the proposed section 2.52.090(C).
Also, within existing sections 2.52.090/Loans and 2.52.1 OOINotice regarding use
of personal funds, there are provisions related to lifting ofthe $300 campaign
contribution limit. This was the provision added in 2004 to give candidates the
opportunity to level the playing field when an opponent uses personal funds or a personal
loan. If the Council intends to maintain the ability of candidates to suspend the $300
CITY o~<t~aLA VISTA
Honorable Mayor and City Council
September 25, 2007
Page 13
contribution limit under certain circumstances, it is recommended that the rules regarding
suspension be incorporated into the section regarding campaign contribution limits so it is
easier for the reader to follow and understand. The recommended revision is found at
proposed section 2.52.040(1).
The City Attorney is also recommending that the Council review the language
regarding what amount of contributions count toward leveling the playing field when
there has been a suspension of the limits. The current ordinance provides that all
contributions received within or in excess of the $300 contribution limit count. As noted
in section A of this Report, the use ofthe phrase "within" does not make sense because a
candidate may collect as many $300 contributions as the candidate is able. It is
recommended that the words "within or" be deleted.
Finally, in proposed section 2.52.040(I), it is recommended that the Council
clarify whether the suspension of the $300 contribution limit carries over from a general
to a special election. In proposed sections 2.52.050(A) and 2.52.050(C), it is
recommended that the Council clarify whether the loan limit of $20,000 and the ability to
suspend this limit apply to a campaign fOr a single election contest (one election) or
single elective office (the general/primary and the special/run-off elections together).
10. Section 2.52.100(A)( existing)
This section begins with the provision: "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. . . ." (italics added). It is
recommended that the Council delete the words "or other person." These words are
inconsistent with other provisions of the 2004 ordinance. Pursuant to the 2004 ordinance,
no person can expend or contribute more than $300 to a candidate for a single election
contest, unless there has been a suspension of the contribution limit. Contributions from
other people to a candidate are reported in campaign statements. CVMC Ii 2.52.100. If
the Council's inclusion of "or other person" was intended to require a candidate to notice
opponents of any contributions accepted pursuant to suspended limits, it seems that this
notice requirement can be accomplished through the campaign reporting provisions. If
the Council desires that candidates provide opponents with more immediate notice of
contributions accepted in excess of limits, the language "or other person" should be
clarified because the noticing is done by a candidate, not a contributor.
11. Section 2.52.130 (proposed number change)/Duties of City Clerk
Recommend changing word "apparent" to "alleged" in reference in subsection
(D) and adding reference to existing section 2.52.170, that it is the duty of the City Clerk
CITY On-~aLA VISTA
Honorable Mayor and City Council
September 25, 2007
Page 14
to report "alleged violations of this chapter filed pursuant to CVMC 2.52.140(E) and
applicable state law to the enforcement authority." "Alleged" is used elsewhere in the
ordinance and more properly refers to allegations brought pursuant to the complaint
process that have not been proven to be true at that point in the process. Using "apparent"
violations requires the City Clerk to exercise judgment in making referrals to the
enforcement authority. Under the 2004 ordinance only, it is the sole authority ofthe
"enforcement authority" to make determinations of probable cause and take enforcement
action.
12. Section 2.52.140 (proposed number change)/Enforcement
Recommend replacing words "special counsel" with "enforcement authority," a
defined term in the 2004 ordinance, where reference is intended to refer to the
"enforcement authority."
13. Section 2.52.150 (proposed number change)/Penalties
Recommend that the City Council consider changing the criminal intent to be
consistent. At current section 2.52.060(C), it states a candidate must "knowingly" accept
a payment. "Knowingly" as used there is a specific intent, meaning to violate the chapter
a candidate must not only accept a contribution in violation of the chapter, but must also
know accepting the contribution is in violation. Elsewhere, at section 2.52. I 80(A), the
criminal violation requires a "willful" act, which means purposeful, without the specific
intent of "knowingly." Further, a civil violation may be brought against any person "who
intentionally or negligently" violates any provision. "Intentional" is similar to the
criminal intent of "knowingly." "Negligently" is a lower standard. It is recommended that
the City Council consider amending the intent language to be consistent throughout the
ordinance.
CONCLUSION
As directed by the City Council, the City Attorney's Office will prepare an
ordinance for first reading that incorporates any or all of the proposals set forth in this
Report.
Exhibit A:
Exhibit B:
Exhibit C:
Proposed Revisions to 2004 Ordinance
Summary of2004 Ordinance
Actual 2004 Ordinance (Chula Vista Municipal Code Chapter 2.52)
CITY on-~dLA VISTA
EXHIBIT A
10-15
City Attorney's Office
Proposed Revisions to Existing Ordinance
2.52.010
Purpose and intent[JDl].
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 contributions by
individuals 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 chapter.
A.
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,
J:\AllomeyVDAWSON\campaignfinanceordinancerevised9.10rloc
10-16
Ordinance No.
Section 81000 et seq.) and in regulations adopted by the Fair Political Practices
Commission[102], unless otherwise specified in this chapter.
B. The [103]terms of this chapter are applicable to any contributions made to a
candidate or candidate-controlled committee, whether used by the candidate to finance a
current campaign or to pay debts incurred in prior campaigns.
C.
Revisions [104]to this chapter take effect on
and are
applicable to all contributions received by candidates seeking City elective office in the
general election of June 2008 and any election thereafter. Any candidate for City elective
office participating in the general election of June 2008 shall have a grace period of 60
days from the effective date, as stated in this paragraph, to repay any campaign
contributions made or received prior to the effective date of the revisions in conflict with
or in violation of any provisions of this chapter. A candidate repaying any campaign
contributions or loans during this 60-day grace period shall provide written notice to the
City Clerk of the repayment within three business days of the repayment.
2.52.030
A.
Definitions.
"Agent" means a person who acts on behalf or at the 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."
10-17
Ordinance No.
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. [JD5]"Campaign contribution account" is that account in which all
contributions or loans made to the candidate shall be deposited, as required by
Government Code section 8520l.
D. "Candidate" means any individual seeking any City elective office, the
candidate's campaign committee, committee(s) controlled by the candidate, agents of the
candidate.
E. "City campaign statement" means the statement which, to the extent
practicable, shall be similar to or consolidated with that required by state law.
F. "City elective office" means the offices held by the Mayor or members of
the City Council.
G. "Contribution" is defined in a manner identical with the definition found
in Government Code Section 82015 and any related provisions in the California Code of
Regulations.
H. . "Enforcement authority," under this chapter, means that special counsel
appointed by the City Attorney pursuant [JD6]to CVMC 2.52.140.
I. "General election" is that election identified by Charter Section 900 that is
combined with the California State primary election.
J. "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
10-18
Ordinance No.
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, 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[JD7].
K. "Organization" means a proprietorship, labor union, firm, partnership,
joint venture, syndicate, business, trust, company, corporation, association, or committee,
including a political action committee.
1. "Person" means a natural individual.
M. "Single election contest" means either a general or special election.
N. "Special election" defined in Charter Section 901, means a municipal
election other than a general election that may be held by authority of the Charter or of
any law.
2.52.040
A.
Campaign contribution limits/rules and suspension[JD8].
No person, other than a candidate, shall make a contribution in excess of
$300.00 to a candidate 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 special
elections. This $300.00 limit on contributions by individuals may be suspended only on
the conditions set forth in CVMC 2.52.040(1).
B[JD9]. No organization shall make a contribution to any candidate or candidate-
controlled 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
10-19
Ordinance No.
qualification for the ballot or adoption of one or more city measures. 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 [JDIO]individual, or combination of individuals acting jointly, shall
make directly or indirectly a contribution in the name of another individual or
combination of individuals.
D. Contributions [JDll]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.
E. No [JDI2]perSOn shall make a contribution to any candidate, and no such
candidate shall accept from any person such a contribution earlier than eleven months
preceding a single election contest.
F. A [JDI3]contribution for an election may be accepted by a candidate 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.
G. A [JDI4]candidate may not solicit or accept contributions for a special
election prior to the holding of the general election for that office.
10-20
Ordinance No.
H. A [JDI5]Candidate may carry over contributions raised in connection with
one election for City elective office to pay campaign expenditures incurred in connection
with a subsequent election for the same City elective office.
r. A [JDI6]candidate who has received notice of an opponent's use of personal
funds of more than $5,000 aggregate and any amount thereafter, or a personal loan of any
amount, either pursuant to CVMC 2.52.060 or as discovered in any campaign filing
statement, [for a single election contest. or campaign for single elective office 1 shall
[JDI7]be permitted to solicit and receive, and contributors to each such opponent may
make, contributions in excess of the $300.00 per person limit set forth in CVMC
2.52.040(A).[JDI8] The $300.00 limit for individual contributions contained in CVMC
2.52.040(A) shall be suspended from the date the candidate's opponent deposits the
personal funds, including a personal loan, into his or her campaign contribution account.
The suspension of the $300.00 limit shall continue until the candidate receives
contributions, in excess of the $300.00 limit, up to the amount of personal funds,
including a personal loan, deposited by the candidate's opponent in his or her campaign
contribution account. Those contributions received in [JDI9]eXCeSS of the $300.00 per
person limit shall count toward equaling the amount of personal funds, including a
personal loan, deposited by the candidate's opponent in his or her campaign contribution
account.
10-21
Ordinance No.
2.52.050
A.
Loans/rules and suspension.
A [JD2o]candidate shall not loan to his or her campaign personal funds in an
amount in excess of $20,000 lliQte: $20,000 per campaign for single election contest or
single elective office??l, except as set forth in CVMC 2.52.050(C).
B. A [JD21]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 limit of
$300.00 per person, pursuant to CVMC 2.52.040. The [JD22]$300.00 contribution limit
does not apply to loans made to a candidate for the purpose of a campaign by himself or
herself or 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 [JD23]candidate shall not be bound by the loan limit of $20,000 where the
candidate has received notice by an opponent, pursuant to CVMC 2.52.060, or has
discovered in any campaign filing statement that the opponent intends to spend or
contribute personal funds of more than $20,000 [in a campaign for a single election
contest or for a single elective office??l.lf a candidate's opponent spends or contributes
personal funds of more than $20,000 in a campaign [for a single election contest or for a
single elective office?l, the candidate may loan himself or herself personal funds in an
amount of more than $20,000 up to the amount of personal funds spent or contributed by
the opponent in excess of $20,000.
10-22
Ordinance No.
2.52.060
Notice regarding personal funds and loans[lD24].
If a candidate spends [JD25]Or contributes personal funds of more than $5,000, or
loans himself or herself personal funds of any amount, in connection with a campaign for
[single election contest or single elective office?l, a candidate shall do all of the
following:
A. Provide written notice of the candidate's intent to spend or contribute
more than $5,000 of personal funds, or to loan himself or herself any amount of personal
funds, to the City Clerk 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 of personal funds
intended to be expended, contributed, or loaned. The notice shall also provide the date
the personal funds shall be deposited into the candidate's campaign contribution account,
as required by CYMC 2.52.070(B). Separate notice is required for anv separate deposit
of personal funds of anv amount that is a loan from a candidate to his or her campaign.
Separate notice is also required for anv separate deposit of personal funds that is a
contribution from a candidate to his or her campaign, once the candidatc has spent or
contributed more than $5,000 in personal funds in connection with the campaign for fa
single election contest or for single elective office.l
B. The required notice shall be given no later than 21 days prior the election,
unless the expenditure or contribution occurs during the 21 days preceding the election,
in which case the required notice shall be provided 24 hours prior to deposit into the
candidate's campaign contribution account.
10-23
Ordinance No.
2.52.070
A.
Campaign contribution account[JD26].
The campaign contribution account required by Government Code section
85201(a) shall be established at a financial institution located in San Diego County.
B. All [JD27]personal funds to be expended, contributed, or loaned by a
candidate shall first be deposited in the candidate's campaign contribution account.
2.52.080
A.
Surplus campaign funds[JD28].
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 candidate-controlled 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
10-24
Ordinance No.
of state or local campaign, disclosure, or election laws, and an action from an election
contest or recount.
2.52.090
A.
Return of prohibited contributions[JD29].
If a contribution is tendered and would be in violation of this chapter, it
shall be returned by a candidate to the contributor within three business days of discovery
of receipt of the contribution by the candidate, or his or her representative. The candidate
shall also report in writing to the City Clerk within three business days of discovery the
facts surrounding the contribution.
B. A contribution shall not be considered to be received if it has not been
negotiated, deposited, or utilized, and is returned by the candidate to the contributor
within three business days of discovery of receipt.
2.52.100
Written solicitations by candidates[JD3o].
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
The City ofChula Vista Municipal Code limits contributions to campaigns for City
elective office to three hundred dollars per person.
2.52.110
Campaign statementS[JD31]
Each candidate shall file campaign statements with the City Clerk in the time and
marmer as required by the Political Reform Act of 1974 as amended (Government Code
10-25
Ordinance No.
Section 84100 et seq.). Compliance with the requirements of that Act shall be deemed to
be compliance with this chapter.
2.52.120
Contributions for legal defense[JD32].
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, Mayor, or candidate
in the defense of a criminal or administrative prosecutorial action against said
Councilmember, Mayor, or candidate and not made or used for the purpose of aiding in
the election of said Councilmember, Mayor, or candidate, and not made within (before or
after) 100 days of an election in which the Council member, Mayor, or candidate is
competing for a seat or office, shall not be deemed to be a contribution for the purposes
of this chapter.
2.52.130 Duties of City Clerk[JD33].
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 persons and known committees who have failed to file
a document in the form and at the time required by state law.
10-26
Ordinance No.
D. Report alleged [JD341 violations ofthis chapter filed pursuant to CYMC
2.52.140(E) 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 City 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.
2.52.140
A.
Enforcement[JD35].
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. The enforcement authority, as defined by this chapter, shall investigate or
prosecute alleged violations ofthis chapter.
C. The City Attorney shall solicit proposals from attorneys in accordance
with Section 503 of the City Charter and Chapter 2.56 CYMC to act as the enforcement
authority eleven months [JD36] prior to a general election. As part of the annual budget
process, the City Council shall appropriate no less than $100,000 to fund the retention of
special counsel to serve as the enforcement authority. These funds shall be separate from
the City Attorney's budget and used solely for the investigation and prosecution of
alleged violations of this chapter.
D. The City Attorney shall appoint a panel of no less than three attorneys to
act as the enforcement authority. These attorneys shall be compensated by the City.
Should the appointment of additional special counsel become necessary or appropriate,
10-27
Ordinance No.
the City Attorney shall appoint additional special counsel as may be required. A single
member of the special counsel panel shall be assigned to each case. Assignments shall be
made on a rotating basis.
E. Complaints [JD37]ofviolations of this chapter shall be submitted in writing,
under penalty of perjury, by a resident of the City to the City Clerk. The complaint shall
state a full recitation of all facts that are alleged to constitute a violation of this chapter.
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. The City Clerk shall forward the complaint to the enforcement authority
within five working days of receipt for a probable cause determination. If no probable
cause is determined to exist, the complaint shall be dismissed summarily and interested
parties shall be notified of the dismissal in writing.
G. If probable cause is determined to exist, the enforcement authority 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 enforcement authority. The enforcement authority may also
commence and prosecute any necessary administrative proceedings or civil litigation to
compel compliance with this chapter. No enforcement or prosecution or action by the
enforcement authority shall be subject to the review or control of the City Attorney or
City Council.
1. The special counsel, serving as the enforcement authority, may investigate
and may institute legal action to prevent further violations. The special counsel may
10-28
Ordinance No.
decline to investigate if the allegation is also a violation of state law, and is the subject of
a complaint filed with the Fair Political Practices Commission.
J. Special counsel, serving as the enforcement authority, shall be immune to
liability for enforcement of chapter.
2.52.150 PenaltieS[JD38].
A. No [JD39]candidate shall knowingly accept a payment or contribution made in
violation of this chapter.
B. No officer[JD4o], 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.
C. Any person who willfully [JD41]violates any provision ofthis chapter is guilty of a
misdemeanor. Any person who willfullv causes or solicits any other person to violate
any provisions ofthis chapter, or who aids and abets any other person in the violation of
this chapter shall be guilty of a misdemeanor.
D. Any person who intentionallv or negligentlv 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 $5,000 per violation, whichever 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.
10-29
Ordinance No.
2.52.160
Severability[JD42] .
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.
10-30
Page: I
[JD I]N 0 change to this section.
Page: 2
[JD2]Added reference to the Fair Political Practices Commission to be consistent with
state law.
Page: 2
[JD3]This subsection is moved from existing section 2.52.040(B) and renumbered here.
Page: 2
[JD4]This subsection is a necessary "grandfather" provision.
Page: 3
[JD5]Added this definition, which is consistent with state law and other references in this
chapter.
Page: 3
[106] The reference here to City Council in the existing ordinance is inconsistent with
existing section 2.52.l70(D), which states that the City Attorney shall appoint the
attorneys to act as the enforcement authority. The City Council authorizes an
appropriation of no less than $100,000 for payment of the attorneys.
Page: 4
[JD7]Deleted definition of "intermediary" because it is not used elsewhere in the chapter.
Page: 4
[JD8]Renamed chapter to make it easier for the reader to understand.
Page: 4
[JD9]This is existing sections 2.52.060(A) and (B) moved and renumbered here.
Page: 5
[JDIO]This is existing section 2.52.120 moved and renumbered here. The language has
been edited to make it easier to read. The existing language states, "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."
Page: 5
[JDII]This is existing section 2.52.110 moved and renumbered here.
Page: 5
[JDI2]This is existing section 2.52.040(C) moved and renumbered here, with the word
"earlier" replacing "sooner."
Page: 5
[JD13]This is existing section 2.52.040(D) moved and renumbered here.
Page: 5
[JDI4]This is existing section 2.52.040(E) moved and renumbered here. The second
sentence of the existing section has been broken up into the next subsection for ease in
reading.
Page: 6
[JD 15]This is the second sentence of existing section 2.52.040(E) moved and renumbered
here.
Page: 6
[JDI6]This is existing sections 2.52.090(D) and 2.52.100(B) consolidated, moved and
renumbered here. The existing sections have been re-written to simplify them, but the
intent has not changed.
10-31
Page: 6
[JD 17] Existing section 2.52.100 provides that no candidate shall expend or contribute
more than $5,000 in personal funds in connection with an election campaign unless
notice is provided. "Election campaign" appears to mean a single election contest, the
language used throughout the ordinance. It is recommended that "election campaign" be
clarified. Also, it appears that notice is required even where the use of personal funds
totals $5,000, but is contributed by a candidate in lesser increments.
Page: 6
[JD18]There is no "cut-off time" for the suspension of the $300.00 limits contained in the
existing ordinance, but it is recommended that one be established to be consistent with
existing section 2.52.040(E), which states that a candidate may not solicit or accept
contributions for a special election prior to the holding of the general election. Also, the
$300.00 loan limit applies to a single election contest, so to limit the suspension period to
the end of the current election is consistent with other provisions of the chapter.
Page: 6
[JD19]Existing section 2.52.100(8) has an inconsistency written into the section. It
states the opponent may receive contributions "in excess" of limits up the amount of
personal funds deposited by the candidate. It then states contributions received "within
or in excess" of the limits count toward equaling the amount of personal funds. This
ambiguity and inconsistency has created substantial confusion by candidates and the City
Clerk's Office, and should be clarified.
Page: 7
[JD20]This is existing section 2.52.090(C) moved and renumbered here.
Page: 7
[JD21]This is existing section 2.52.090(A) moved and renumbered here.
Page: 7
[JD22]This is existing section 2.52.090(8) moved and renumbered here.
Page: 7
[JD23]This is existing section 2.52.090(E) moved and renumbered here, with additional
language added to clarify the existing provision.
Page: 8
[JD24]This is existing section 2.52.100 moved and renumbered here, with new language
that adds a notice requirement for the use of loans of any amount.
Page: 8
[JD25] The existing ordinance states, "No candidate or other person shall expend or
contribute more than $5,000 in personal funds in connection with an election campaign. .
. ." Use of the word "other person" is inconsistent with the other existing provisions, in
that it is in conflict with the campaign contribution limit of $300 per contributor that
forms the basis of the existing ordinance. The reference to "other person" has been
deleted in the recommended changes here.
Page: 9
[JD26]Existing section 2.52.140 moved and renumbered here, with subsections 8 and C
added to be consistent with state law.
Page: 9
[JD27]Existing provision from section 2.52.1 00(A)(2) moved and renumbered here.
Page: 9
[JD28]Existing section 2.52.050 moved and renumbered here.
10-32
Page: 10
[JD29]Existing section 2.52.070 moved and renumbered here. Also, existing sections
2.52.070(A) and (B) are inconsistent in that section A calls for return of prohibited
contributions within three business days and section B calls for return of prohibited
contributions within 24 hours of discovery. This inconsistency is corrected here by
making it "within three business days." Existing sections A and B have been combined
into one section.
Page: 10
[JD30]Existing section 2.52.080 moved and renumbered here. Also, reference to a limit
to contributions for independent expenditure committees is removed because this
ordinance did not intend to regulate those contributions.
Page: 10
[JD31] Existing section 2.52.150 moved and renumbered here.
Page: II
[JD32]Existing section 2.52.150 moved and renumbered here.
Page: II
[JD33]Existing section 2.52.160 moved and renumbered here.
Page: 12
[JD34]Changed word in existing section 2.52.160(D) from "apparent" to "alleged" to be
consistent with existing section 2.52. I 70(E).
Page: 12
[JD35]Existing section 2.52.170 moved and renumbered here. Recommend changing use
of phrase "special counsel" to "enforcement authority" where intent is to refer to the three
attorneys acting as the "enforcement authority" to be consistent with definitions at the
beginning of the chapter.
Page: 12
[JD36]Recommend changing from 180 days in existing section 2.52.170(C) to eleven
months to coincide with the period in which candidates may collect contributions (see
existing section 2.52.040(C)).
Page: 13
[JD37]This subsection is rewritten from existing section 2.52.170(E).
Page: 14
[JD38]Existing section 2.52.180 moved and renumbered here.
Page: 14
[JD39]Existing sections 2.52.060(B) and (C) moved and renumbered here.
Page: 14
[JD40] Portion of existing section 2.52.060(B) regarding criminal violations moved and
renumbered here.
Page: 14
[JD41]Intent is inconsistent in existing chapter. Knowledge requirement from section
2.52.060(C) is added here.
Page: 15
[JD42]Existing section 2.52.190 moved and renumbered here.
10-33
EXHIBIT B
10-34
Summary of the Campaign Contribution Ordinance
Approved by the City Council in 2004
· $300 campaign contribution limit per single election (single election is defined as
general/primary or special/run-off) (CYMC 92.52.040(A))
· Contributions of a husband and wife are treated separately (CYMC 92.52.110)
. Contributions may not be made earlier than 11 months before an election (CYMC
92.52.040(C))
· Candidates may collect contributions after an election only to repay debts (CYMC
92.52.040(D))
. Candidates may carryover contributions from one election to pay campaign
expenses in subsequent election for same office (CYMC 92.52.040(E))
. Surplus funds can be used to repay contributions/debt, make donations to a
charitable organization, or pay for professional services related to a campaign
(CYMC 92.52.050)
· Contributions to a legal defense fund are not considered contributions under the
ordinance, as long as certain factors are met (CYMC 92.52.130)
. Candidates must open a campaign contribution account in San Diego and deposit
contributions into the account before expending them (CYMC 992.52.100,
2.52.140)
. Organizations may not contribute to candidates (CYMC 92.52.060)
. Contributions collected in violation of the ordinance must be returned (CYMC
92.52.070)
. Candidates must provide written notice of $300 contribution limit on written
solicitations (CYMC 92.52.080)
· Loans are considered contributions subject to the $300 limit, except for loans
from a commercial lending institution (CYMC 992.52.090(A), (B))
. Candidates may not loan themselves more than $20,000 (CYMC 92.52.090(C));
however, this loan limit does not apply to the extent a candidate's opponent
contributes more than $20,000 to himself or herself, in which a candidate may
increase the loan limit up to the amount of personal funds contributed by an
opponent (CYMC 92.52.090(E))
. A candidate must give written notice to his or her opponents if the candidate
intends to contribute or expend more than $5,000 in personal funds (CYMC 9
2.52.100); if a candidate gives this notice, an opponent may suspend the $300
contribution limit and receive contributions in excess of the $300 limit up to the
amount of personal funds contributed by the candidate (CYMC 92.52. 1 OO(B)); a
candidate may also suspend the $300 limit ifhis or her opponent loans himself or
herself money, up to the amount of the loan (CYMC 92.52.090(D)).
. Candidates must file campaign statements as required by state law (CYMC
92.52.160)
· Alleged violations of the ordinance are to be reported to the City Clerk, to be
investigated and/or prosecuted by special counsel designated as the "enforcement
authority" (CYMC 992.52.160, 2.52.170)
10-35
. Yiolations may be prosecuted criminally as misdemeanors and/or through a civil
action, with specified fines; monetary judgments from a civil action are to be
deposited into the general fund (CYMC 92.52.180)
10-36
EXHIBIT C
10-37
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
2.52.110
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 CONTRIBUTIONS'
Purpose and intent.
Interpretation of this chapter.
Definitions.
Campaign contributions.
Surplus campaign funds.
Organizational contributions.
Contribution in violation of this
chapter.
Written solicitations by candidates.
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;
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 S 1,2004).
2.52.020 Interpretation ofthis 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 S 1,
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.
C. "Candidate" means any individual seeking
any city elective office, the candidate's campaign
committee, 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 electi ve 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
CVMC 2.52.170.
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 SUppOlts 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-
!i@HS-77
(Revised 7/05)
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 unless 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, firm, partnership, joint venture, syndi-
cate, business, trust, company, corporation, associ-
ation, 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 Sec-
tion 901, as all other municipal elections that may
be held by authority of the Charter or of any law.
(Ord. 2955 S 1,2004).
2.52.040 Campaign contribntions.
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 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 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 S 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.
(Revised 7/05)
2-7fu_39
Chula Vista Municipal Code
2.52.090
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 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, Of 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. COrd. 2955 ~ 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. COrd. 2955 ~ 1,2004).
2.52.070 Contribution in violation of this
chapter.
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. COrd. 2955 ~
1,2004).
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 iimits contributions to campaigns for
City elective office, either to candidate
controlled committees or to regulated inde-
pendent expenditure committees, to three
hundred dollars per contributor.
COrd. 2955 ~ 1,2004).
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-
tions in excess of the limits contained in CVMC
2.52.040. The limitation contained in CVMC
2.52.040 shall be suspended from the date candi-
date made said loan so that the opponent may
receive contributions in excess of the limitation up
to the amount loaned by the candidate. Those con-
tributions received within or in excess of the limi-
tation shall count toward equaling the amount
loaned.
E. Each opponent of a candidate or other person
who has given notice pursuant to CVMC 2.52.100
shall not be bound by the loan limitation within this
1O.,ro-79
(Revised 8/04)
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 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:
1. 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 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 con-
tributed by the candidate shall 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 shall be
provided within 24 hours.
B. 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 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 account. (Ord. 2955 ~ 1,
2004).
2.52.110 Family contributions.
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. (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 ~ 1,2004).
2.52.130 Contributions for legal defense.
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 admin-
istrative prosecutorial action against said COlID-
cilmember and mayor, and not made or used for the
purpose of aiding in the election of said coun-
cilmember 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. (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 ~ 1,2004).
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 shall 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 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.
(Revised 8/04)
2-8'1:0-41
Chula Vista Municipal Code
2.52.190
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 ~ 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 $100,000 to fund thereten-
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 of this 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 appointtnent 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 of the 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 of the 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
within five working days of receipt for a probable
cause determination. Ifno 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 ~ 1,2004).
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-
meanor.
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 fund. (Ord.
2955 ~ 1,2004).
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-
!<f-4281
(Revised 8/04)
2.52.190
cum stances 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 S 1,2004).
2-810_43
(Revised 8/04)
.
.
.
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
ellY OF 619.691.5044 - 619.476.5379 Fax
CHULA VISfA
MEMO
Thursday, September 20,2007
TO:
Members of the City Council
Legislative SUbcommittee~* ~~
Appointment Process for Board of Ethics
FROM:
RE:
As you are aware, Chapter 2.28 of the Municipal Code provides that the City Council refer for
recommendations the list and qualifications of applicants for the Board of Ethics to the presiding
judge of the South Bay court. The judge is then supposed to review the list of applicants and
their qualifications, select not less than five to interview, and then conduct in-person interviews.
For the past several years, sitting judges have been unwilling to provide this service due to
potential conflict of interest concerns. The fallback position, by code, has been for the Council
to conduct the interviews and then make a selection. Councilmembers, as well as members of
the Board of Ethics, have expressed concerns about the Council conducting the interviews, due
again to potential conflict of interest concerns.
In May 2007, the Mayor brought forth several recommendations from the Legislative
Subcommittee with regard to Boards and Commissions. One of the approved recommendations
was to seek a retired judge who would assume the duties previously undertaken by a sitting
judge. Retired judges were contacted; however, none were willing or able to assume the duties.
Most have continued employment in their judicial field during their retirements.
The Legislative Subcommittee recommends at this time that the Council adopt a policy to allow
potential Board of Ethics members to be interviewed by a panel of at least two City Managers
from cities in San Diego County other than Chula Vista. The panel would then make its
recommendations to the Council. If approved, this provision would be incorporated into the
proposed general rules for Boards and Commissions, which will address the appointment process
for each Board and Commission.
I
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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
CllY OF
CHULA VISTA
September 21, 2007
RE:
-
Jennifer Quijano, Constituent services. Managectf-
Cultural Arts Commission 6il1 ":>-2.1 -<:::;1
TO:
FROM:
Mayor Cox would like to recommend Neisha Glenn for appointment to the Cultural Arts
Commission. Neisha will replace Tiffany Vinson.
Please place Neisha's name on the September 25, 2007 Council agenda for ratification
and schedule the oath of office for the October 2, 2007 Council agenda.
Thank you.
cc: Mayor Cox
Niul.tL VISfA- r2es/~
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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
CllY OF
CHULA VISTA
September 19, 2007
TO:
rk
FROM:
Jennifer Quijano, Constituent Services Manager
RE:
Youth Action Council
Y'l1\ Cj-LI- 07
Mayor Cox would like to recommend Bianca Brodbeck (Eastlake High School) for
appointment to the newly established Youth Action Council.
Please place Bianca's name on the September 25, 2007 Council agenda for ratification
and schedule the oath of office for the October 2, 2007 Council agenda.
Thank you.
cc: Mayor Cox
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