HomeMy WebLinkAbout2007/12/18 Public Comments
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CHULA VISTA BETTER GOVERNMENT AS~
ID# 3051564
PO Box 5574 . CHULA VISTA, CA 91912
..' PJ/O';:J ColUlc,;-1 H.e.d-01
lATION PubL'C C()t'lIMe'tl
L
12/18/07
Chula Vista Mayor and Council
Chula Vista City Hall
276 4th Avenue
Chula Vista, CA 91910
Dear Honorable Mayor and Council:
We ask that the City Council take action to determine if there are conflicts of interests,
abuses of power and prosecutorial misconduct involving John Moot, Chula Vista Mayor
Cheryl Cox and the local District Attorney's office. For the reasons listed below, we are
not confident that the District Attorney's office or the City's Board of Ethics can perform
a fair and impartial investigation into these matters.
We further request that you investigate a potential conspiracy involving former Chula
Vista City Councilmember John Moot, the office of District Attorney Bonnie Dumanis,
local land developer Jim Pieri and Chula Vista Mayor Cheryl Cox to deprive Chula Vista
voters of good government by abusing their positions and power to improperly influence
and intimidate elected officials and community groups on behalf of the proposed
condominium high rise.
#1. We request that you investigate former Councilmember and attorney John
Moot's apparent violation of both City and State laws regarding his employment by
local land developer Jim Pieri.
By working for Jim Pieri and submitting a contract to the City on behalf of the
developer within one year of serving on the Chula Vista City Council, did John
Moot violate section 2.28 of the Chula Vista Municipal Code?
Also, if John Moot's prior work on the City Council got him the job for Jim Pieri,
did he violate the Fair Political Practices Act prohibition on conflicts of interest,
Government Code Section 87407, which applies to prospective employment?
Please consider the following events and information when performing your
investigation:
The following events are noted in chronological order. (Please note that all numbers in
parentheses refer to supporting materials found in the appendix.)
LIOn April 23, 1991, the Chula Vista City Council passes an ordinance amending
section 2.28.050 of chapter 2.28 relating to the Board of Ethics. (6a.)
2.28.050 Section 2 e. reads:
I
'lit
"No ex-City officer for a period of one year after leaving office or employment,
shall, for compensation, act as agent or attorney for, or otherwise represent, aty
other person by making any oral or written communication, before any City
administrative office or agency, or officer or employee thereof, if the appearance
or communication is made for the purpose of influencing administrative action,
or influencing any action or proceeding involving the issuance, amendment,
awarding, or revocation of a permit, license, grant, or contract, or the sale or
purchase of goods or property."
On May 26, 1994, John Moot is appointed to the Chula Vista City Council. (1)
1.2 On March 28,1995, John Moot votes to approve ordinance 2629 which amends
Section 2.28.050 of the Chu1a Vista Municipal Code relating to the code of ethics. (6a)
Section 2.28.050 reads:
"No member of the City Council shall be eligible, for a period of one year after
leaving office, for employment by, or be on the payroll of, or be a paid consultant
or paid contractor to the City, or to any entity controlled by the City or the City
Councilor to any entity which receives a majority of its funding from the City or
of its Controlled Entities. . . "
1.3 On June 16, 1998, John Moot votes to approve a semi-exclusive negotiating
agreement with the Chrismatt Corporation, DBA The Pieri Company, for development of
a commercial center located at the northwest corner of Third Avenue and "H" Street. Jim
Pieri is the principal owner of The Pieri Company. (4)
1.4 On June 22, 1999, John Moot votes to approve an Exclusive Negotiating
Agreement extension for the development of property at the northwest corner of Third
Avenue and 'H' Street. (4)
1.5 On June 16,2000, John Moot votes to approve a resolution of the City Council
and the Redevelopment Agency of the City ofChula Vista approving a development
agreement with Gateway, LLC for the development of a mixed-use commercial/office
project at the northwest corner of Third Avenue and H Street. (5) The agreement
guarantees that over $7.2 million in taxpayer money will go to the developer and future
development obligations.
1.6 In December of 2000, John Moot steps down from office after deciding not to run
for re-election. Moot states that he wants to spend more time at his law firm. (6)
1.7 Around September 25, 2001, John Moot signs the First Amendment to the
Disposition and Development Agreement for Pieri's Gateway Project (Phase I of
Gateway Project to provide bridge loan) as legal counsel to developer Jim Pieri. (6a) He
signed the document after being out of office for ten months- an apparent violation of
City's municipal code 2.28.050.
2
1.8 To this day, John Moot continues to represent Jim Pieri and his companies.
Over the past seven years, John Moot has been appointed to serve on multiple City L
committees while his law firm has been paid by Jim Pieri.
#2. We request that you investigate a possible conspiracy involving Jim Pieri, John
Moot and the San Diego County District Attorney's office to remove Steve
Castaneda from the ChuIa Vista City Council in order to replace his seat with
someone more likely to approve his projects.
Was the District Attorney's investigation into Steve Castaneda at the behest of Jim
Pieri, John Moot and/or local political officers?
Has the District Attorney's office violated any conflict of interest or ethics rules
during this investigation?
Please consider the following events and information when performing your
investigation:
The following events are noted in chronological order. (Please note that all numbers in
parentheses refer to supporting materials found in the appendix.)
2.1 In 2004, Jim Pieri and John Moot begin pushing the City Council to approve
Espanada Chula Vista, LLC's proposal to build a city subsidized condominium project
called Espanada, which consists of two fifteen-story towers. Pieri is so confident that the
project will be approved that he begins taking deposits for condos before his company
presents the project to the City Council for approval. Chula Vista Elementary School
Board Member Cheryl Cox and her husband, County Supervisor Greg Cox, put down a
deposit for a townhouse unit in the project. (10)
2.2 The proposed Espanada project was heavily opposed by local residents
(13,14,16).
2.3 In November of 2005, Jim Pieri and John Moot hold a discussion with Mayor
Padilla during which they inform him that they are going to dig up dirt on
Councilmember Steve Castaneda.
2.4 On December 13, 2005, the Chula Vista City Council approves their General Plan
Update, which designates the proposed site for Espanada for mid-rise construction (up to
seven stories). The Espanada project had called for two IS-story towers. .
2.5 On January 3,2006, John Moot files a complaint with the Fair Political Practices
Commission (FPPC) against Steve Castaneda. The complaint alleges that Steve
Castaneda has a conflict of interest in participating in a future decision regarding the
approval ofEspanada- a project proposed by John Moot's client Jim Pieri. (26)
3
2.6 On February 22, 2006, Cheryl Cox makes an announcement that she will run for
Mayor of Chula Vista. Jim Pieri sends an email to his friends to ask them to join ~n in
supporting Cheryl Cox for Mayor. (27) Councilmember Steve Castaneda is also running
for Mayor.
2.7 On March 27, 2006, an anonymous complaint, which is similar to the January 3,
2006 complaint, is filed to the FPPC against Steve Castaneda. Moot is believed to have
sent in this complaint because he later files a public records request on June 14, 2006 to
view the results of the anonymous complaint. (28)
2.8 On March 31, 2006, the FPPC finds that there is no merit to either the January 3,
2006 or the March 27,2006 complaint filed against Steve Castaneda. (26) Even though
the FPPC finds Castaneda to be innocent of the accusations, John Moot submits the
original FPPC complaint to the Ethics Commission again.
2.9 In April of 2006, Steve Castaneda omits the sale of real property (approximate
value of$25,000 income) from his economic interest disclosure form. The sale of the
property had been finalized in late December of 2005 at the end of the required reporting
period. Castaneda's form disclosed ownership of the property and the loan taken out to
purchase the property. Upon learning of the omission, Castaneda amends the form three
weeks after submitting the original form to the City. (31)
2.10 On May 19, 2006, John Moot hosts a fundraiser for Cheryl Cox's campaign for
Mayor. (29) This event is believed to be the first of two fundraisers for Cheryl Cox's
campaign hosted by Moot.
2.11 In May of2006, District Attorney's Office starts investigation of Steve Castaneda
(42) regarding the renting ofan apartment and the disclosure form. The investigation
will continue for over a year despite the Attorney General exonerating Steve Castaneda
over the apartment issue on August 25,2006. (60)
2.12 On June 6, 2006, Cheryl Cox and incumbent Steve Padilla qualify for the run-off
in the Chula Vista Mayoral race. Castaneda finishes third.
2.14 On that same date, Proposition C, a local anti-eminent domain initiative, passes
with over 74% of the vote. Steve Castaneda is a big proponent of the initiative. Cheryl
Cox and Jim Pieri oppose the initiative. Despite objections from Pieri and Moot, Steve
Castaneda had actually led the fight to put the initiative on the ballot after the proponents
of the petition did not collect enough signatures to qualify the initiative for the ballot.
2.15 On June 15, 2006, the Ethics Commission sends a complaint to the FPPC and the
District Attorney's office regarding Steve Castaneda's economic interest disclosure
report.
2.16 On November 3, 2006, an article runs in the Union Tribune outlining that the
Lincoln Club of San Diego County had spent over $51,000 on Cheryl Cox's campaign
4
for Mayor. Jim Pieri is listed as having given $15,050 to the organization during Cox's
campaign. David Malcolm, who has long-standing financial ties to the Cox family,"
donated $10,160 to the Lincoln Club during Cox's campaign. (33)
2.17 On November II, 2006, Cheryl Cox wins the Mayoral election. (34)
2.18 On November 14, 2006, Jim Pieri posts a large "Congratulations Cox" banner at
his Gateway building. (35)
2.19 Cheryl Cox's husband sits on the County Board of Supervisors and represents
District One, which includes Chula Vista. County Supervisor Greg Cox has direct
control over the District Attorney's departmental budget as well as District Attorney
Bonnie Dumanis' salary.
2.20 On March 26,2007, the County District Attorney's office in Chula Vista signs a
lease for the fourth floor in Pieri's Gateway II office building. This represents the first
known monetary link between the DA's office and one of Jim Pieri's companies. (36)
2.21 On May 12, 2007, Steve Castaneda says that the DA probes are politically
motivated. Castaneda states that public integrity unit prosecutor Patrick O'Toole, long
time friend of John Moot, asked him to resign. (42)
2.22 On May 20,2007, a Union Tribune article comes out regarding the DA's Public
Integrity Unit. The Countv-wide unit has only conducted a Grand Jury investigation into
two people, both of whom were either Cheryl Cox's opponents in the Mayoral race or
worked for Cheryl Cox's opponents in the Mayoral race. (46)
2.23 In late May of2007, Patrick O'Toole continues his Grand Jury investigation into
Steve Castaneda. O'Toole is said to be dating a witness he called up to the stand, an
assistant Chula Vista City Attorney.
2.24 On June 2,2007, the Union Tribune reports that "Chula Vista spent $411,261 in
the last 14 months for outside lawyers who represented City officials questioned by the
District Attorney's newly formed Public Integrity Unit." No one is aware of the Public
Integrity Unit investigating anyone outside of Chula Vista, despite questionable activities
by multiple County officials.(64)
2.25 On July 5, 2007, Steve Castaneda pleads not guilty to 13 felony petjury charges
and two misdemeanor charges regarding his economic interest forms. Castaneda calls
this process a political witch hunt. The charges are not relevant to the original Grand
Jury investigations. (52)
2.26 On July 21, 2007, Steve Castaneda's Grand Jury transcript is released. (54) In
the transcript, O'Toole repeats several times that there was no abuse of power. He states,
"1' 11 go right out and say it - I have no evidence that Mr. Castaneda lived there for free
and then gave official benefits for doing that or anything like that."
5
2.27 In July 2007, Jim Pieri informs people at an event for the San Diego LincolJi
Club, a Republican political fundraising group, that he is 60% responsible for Steve
Castaneda's indictment. He also makes claims that his attorney, John Moot, provided
testimony to the Grand Jury as a legal witness even though he has a long history of
opposing Castaneda.
2.28 On October 3, 2007, Deputy District Attorney Patrick O'Toole refuses to release
transcripts of John Moot's Grand Jury testimony to Steve Castaneda's attorney.
2.29 On the same date, T71e Voice of San Diego, an online newspaper, reports on Brent
Wilkes' political problems prior to being involved in the Duke Cunningham scandal. (63)
The FPPC investigated Brent Wilkes' fundraising practices for County Supervisor Ron
Roberts' unsuccessful bid for San Diego Mayor in 2000. Wilkes was responsible for
collecting $10,000 for the campaign. The FPPC found that Wilkes had been "making
campaign contributions other than in one's oWl1name." The FPPC fined Wilkes $4,000
for the offenses. "The FPPC forwarded the Wilkes case, as a courtesy, to Bonnie
Dumanis, the San Diego County District Attorney. Her spokesman said the office took no
action." Despite District Attorney Bonnie Dumanis telling the Union Tribune that she
would prosecute a County Supervisor, no action was taken by her office to investigate
County Supervisor Roberts' friend, Brent Wilkes.
2.30 On October 17,2007, the City's Ethics Commission meets to discuss an ethics
complaint that had been filed against Steve Castaneda on June 15, 2006 regarding his
economic disclosure form. The Ethics Commission fails to properly notifY Steve
Castaneda about the meeting. Castaneda has already been charged with a misdemeanor
by the DA's office for the supposed offense. Castaneda's trial has not begun regarding
the matter. Michael German, who sat on the campaign ordinance committee with John
Moot, is chair of the Ethics Commission. It is apparent that the Ethics Commission is
being used as a political tool to embarrass and harass Steve Castaneda.
2.31 On October 18,2007, The Voice of San Diego, reports that County Supervisor Bill
Horn "received double reimbursements for almost $1,200 in meals and clothing" during
his 2001 election campaign. The article goes on to say that "Ian Trowbridge, a local
activist, revealed that Horn had failed to disclose $349,000 in income from his Chief of
Staff, Joan Wonsley. She gave the Supervisor -- her boss -- the money as a down
payment on a Carlsbad home he owned. At the same time, Horn had increased Wonsley's
salary 45 percent between 2000 and 2005, putting it on par with other Supervisors' Chiefs
of Staff. While County ordinances required Horn to make salary decisions regarding
Wonsley, State law also required him to disclose in annual conflict-of-interest statements
the money Wonsley had given him." (61) Despite District Attorney Bonnie Dumanis
telling the Union Tribune that she would prosecute a County Supervisor, no action has
been taken by her office. Bill Horn failed to disclose ten times the monetary income that
Steve Castaneda omitted on the same form.
6
#3. Are there conflicts of interest, which could be depriving the citizens of Chula
Vista of good government, involving Jim Pieri, John Moot, the San Diego L
County District Attorney's Office and Mayor Cheryl Cox?
Please consider the following events and information when performing your
investigation:
The following events are noted in chronological order. (Please note that all numbers in
parentheses refer to supporting materials found in the appendix.)
3.1 In 2004, Jim Pieri and John Moot begin pushing the City Council to approve
Espanada Chula Vista, LLC's proposal to build a condominium project called Espanada,
which consists of two fifteen-story towers. Pieri is so confident that the project will be
approved that he begins taking deposits for condos before his company presents the .
project to the City Council for approval. Chula Vista Elementary School Board Member
Cheryl Cox and her husband, County Supervisor Greg Cox, put down a deposit for a
townhouse unit in the project. (10)
3.2 In 2004 and 2005, Jim Pieri and John Moot actively intimidate local officials,
community groups and land owners who oppose the project.
3.3 On November 20,2004, a Union Tribune article titled "Rising downtown towers
give rise to debate in Chula Vista" reports that John Moot said, "... the apartment
complex (Edward Arms - which is situated on the proposed Espanada site) falls within
the City's redevelopment area. The City could exercise its eminent domain authority and
force the owner out." This is the first public mention of using eminent domain to move
the Espanada project along. (13)
In the same article, Franciso Flores, a homeowner whose property is situated on the
proposed Espanada site, complains that, "he is being pressured to sell." He goes on to
say that "a representative from Pieri's Mountain West real estate company has visited
him repeatedly and sent him letters..."
3.4 On December 23, 2004, another article in the Union Tribune is titled "Property
owner feels pressure to sell over proposed condo project." (14) Although Flores'
property was not located in a redevelopment area, Jim Pieri's representative, Nick Ross,
told Flores that the City would take his property through eminent domain ifhe did not
sell his land.
The City ofChula Vista's Community Development Department had sent Flores a letter
informing him that his property was in the redevelopment area. Two days later, City
officials sent him a letter saying that they had made a mistake.
3.5 Months later, a community member named Jerry Scott who had helped
Francisco Flores negotiate with Mountain West representatives is threatened by Jim
7
Pieri outside of a City Council meeting. Pieri informs Scott that "[he] shouldn't mess
with me." t.
3.6 Crossroads II, a local community group that focuses on development projects, is a
very vocal opponent of the Espanada proposal throughout the project approval process.
John Moot and Jim Pieri attempt to intimidate and discredit the opinions of Crossroads II
members throughout the process.
3.7 For example, on January 20, 2005, John Moot attends a Crossroads II meeting
where he questions the organization's right to publicly speak out against the Espanada
project. Moot also threatens to file a complaint against the group with the Secretary of
State and the Department of Corporations challenging Crossroads II's right to assemble
and organize. His attendance at the meeting is meant to intimidate and scare the
membership from speaking out against the proj ect. (15)
3.8 On the same day, John Moot follows up the meeting with a letter to Planning
Commissioner Kevin O'Neill claiming that Crossroads II is not a legitimate community
group. (15)
3.9 On March 25,2005, an OP-ED is published in The Star News titled "Attorney
wonders if all the facts are known" in which John Moot questions local community
advocate Earl Jentz' motives for funding a grassroots campaign against the Espanada
project. (16)
3.10 On October 4, 2005, Jim Pieri signs a letter given to him by Mayor Padilla which
officially withdraws the Espanada project from consideration by the Council. (18)
3.11 John Moot immediately complains that Padilla forced his client to sign the letter
without him being present.
3.12 On October 12,2005, City Manager Dave Rowlands sends a letter to Pieri
informing him that Pieri could retract his October 4, 2005 letter withdrawing the project.
(19)
3.13 On October 28, 2005, former U.S. Attorney Greg Vega of Seltzer, Caplan,
McMahon, Vitek is hired by Jim Pieri and sends a letter to the Mayor and Council on
behalf of Espanada Chula Vista, LLC. Greg Vega is a close friend of former U.S.
Attorney and current Assistant District Attorney Patrick O'Toole. (20)
3.14 In November of2005, Jim Pieri and John Moot hold a discussion with Mayor
Padilla during which they inform him that they are going to dig up dirt on
Councilmember Steve Castaneda, who has been a vocal opponent of Espanada.
3.15 On December 13,2005, the Chula Vista City Council approves the General Plan,
which designates the proposed site for Espanada for mid-rise construction (up to seven
stories). The Espanada project had called for two IS-story towers.
8
3.16 On February 22, 2006, Cheryl Cox makes an announcement that she will ntn for
Mayor of Chula Vista. Jim Pieri sends an email to his friends to ask them to join him in
supporting Cheryl Cox for Mayor. (27) Councilmember Steve Castaneda is also running
for Mayor.
3.17 On May 19,2006, John Moot hosts a fundraiser for Cheryl Cox's campaign for
Mayor. (29) This event is believed to be the first of two fundraisers for Cheryl Cox's
campaign hosted by Moot.
3.18 On June 6, 2006, Cheryl Cox and incumbent Steve Padilla qualify for the run-off
in the Chula Vista Mayoral race. Castaneda finishes third.
3.19 On that same date, Proposition C, a local anti-eminent domain initiative, passes
with over 74% of the vote. Steve Castaneda is a big proponent of the initiative. Cheryl
Cox and Jim Pieri oppose the initiative. Despite objections from Pieri and Moot, Steve
Castaneda had actually led the fight to put the initiative on the ballot after the proponents
of the petition did not collect enough signatures to qualify the initiative for the ballot.
3.20 On November 3, 2006, an article runs in the Union Tribune outlining that the
Lincoln Club of San Diego County had spent over $51,000 on Cheryl Cox's campaign
for Mayor. Jim Pieri is listed as having given $15,050 to the organization during Cox's
campaign. David Malcolm, who has long-standing financial ties to the Cox family,
donated $10,160 to the Lincoln Club during Cox's campaign. (33)
3.30 On November II, 2006, Cheryl Cox wins the Mayoral election. (34)
3.31 On November 14, 2006, Jim Pieri posts a large "Congratulations Cox" banner at
his Gateway building. (35)
3.32 Cheryl Cox's husband sits on the County Board of Supervisors and represents
District One, which includes Chula Vista. County Supervisor Greg Cox is one of
five Supervisors that have direct control over the District Attorney's departmental
budget as well as District Attorney Bonnie Dumanis' salary.
3.33 On January 9, 2007, Mayor Cox's secretary makes a note on her phone call
log that John Moot called regarding "the Urban Core [Urban Core Precise Plan] &
CVRC [Chula Vista Redevelopment Commission]". (37A)
3.34 On January 17,2007, Mayor Cox's calendar shows that she met with Jim Pieri.
(37B) For some reason information regarding this meeting was excluded from a May 9,
2007 records request. (41)
3.35 On January 23,2007, Jim Pieri holds a meeting with City staff in the Housing
Conference Room regarding Phase III of his Gateway project. Pieri tells City staff that
the District Attorney's office was requiring a pedestrian bridge between the Phase III
9
building and the Courthouse. The meeting document states, "The developer indicated
that the cost of constructing the bridge would be an important issue for Gateway aUf the
County. The construction costs are estimated at $2 million." (38) Jim Pieri plans to have
the City I County pay for the construction costs of the bridge.
3.36 On January 24, 2007, Mayor Cox's secretary makes a note on her phone caUlog
that John Moot called regarding a "Chamber Dinner". (37 A)
3.37 On the same date, John Moot called Cox again regarding a "phone call he
received from a reporter". (37 A)
3.38 The phone calls demonstrate that John Moot and Cheryl Cox confer on a regular
basis on a broad scope of topics, from the redevelopment of the urban core of Chula Vista
to alerting each other of potential questions from reporters.
3.39 On March 26, 2007, the County District Attorney's office in Chula Vista signs a
lease for the fourth floor in Pieri's Gateway II office building. This represents the first
known monetary link between the DA's office and one of Jim Pieri's companies. (37)
3.40 On May 20, 2007, a Union Tribune article comes out regarding the DA's Public
Integrity Unit. The Countv-wide unit has only conducted a Grand Jury investigation into
two people, both of whom were either Cheryl Cox's opponents in the Mayoral race or
worked for Cheryl Cox's opponents in the Mayoral race. (46)
3.41 On May 17, 2007, the Chula Vista City Attorney files a lawsuit against the City
Clerk, halting the initiative process for a petition seeking to limit building heights in
downtown Chula Vista. If approved by the voters this initiative would have affected Jim
Pieri's plans for a revised project at the Espanada site. (43)
3.42 In late May of2007, Patrick O'Toole continues his Grand Jury investigation into
Steve Castaneda. O'Toole is said to be dating a witness he called up to the stand, an
assistant Chula Vista City Attorney.
3.43 On May 20,2007, a Union Tribune article comes out regarding the DA's Public
Integrity Unit. The Countv-wide unit has only conducted a Grand Jury investigation into
two people, both of whom were either Cheryl Cox's opponents in the Mayoral race or
worked for Cheryl Cox's opponents in the Mayoral race. (46)
3.44 On June 2, 2007, the Union Tribune reports that "Chula Vista spent $411,261 in
the last 14 months for outside lawyers who represented City officials questioned by the
District Attorney's newly formed Public Integrity Unit." No one is aware of the Public
Integrity Unit investigating anyone outside of Chula Vista, despite questionable activities
by multiple County officials.(64)
10
3.45 On June 8, 2007, John Moot joins the City lawsuit against the City Clerk
regarding the building heights initiative. He is representing four high profile citizd1s in
the lawsuit, former Councilmembers Patty Davis and Patricia Chavez, former Port
Commissioner Ty Compton, and Chairman ofthe Growth Oversight Committee Kevin
O'Neill. (50)
3.46 On June 21,2007, Cheryl Cox forms an ad-hoc conunittee to look into clarif'ying
Chula Vista's campaign ordinance regarding contributions. She names John Moot as
head of the committee and appoints Ethics Commission Chair Michael German to the
committee. Meanwhile, former City Councilwoman Patty Chavez owes the City
$100,000 for violating the city's campaign contribution ordinance. John Moot's work on
the committee could exonerate Chavez by creating a chain of evidence regarding flaws in
the existing ordinance. Patty Chavez is one of the citizens that Moot is representing in
the lawsuit against the City Clerk regarding the building heights initiative.
3.47 In July, the Chula Vista City Council meets in closed session and discusses the
possible use of eminent domain in relation to the Edward Arms apartment complex,
ignoring the fact that the City Charter prohibits the City Council from exercising eminent
domain and despite the passage of the local anti-eminent domain ballot initiative,
Proposition C. Pieri needs that property to complete a land assembly for the construction
of an office building and parking garage for the District Attomey's office. (47)
3.48 On July 19, 2007, Jim Pieri meets with Cheryl Cox.
3.49 On July 26,2007, John Moot issues subpoenas to members of the building heights
initiative campaign in order to learn more about their campaign activities. (53)
3.50 In July 2007, Jim Pieri informs people at an event for the San Diego Lincoln
Club, a Republican political fundraising group, that he is 60% responsible for Steve
Castaneda's indictment. He also makes claims that his attorney, John Moot, provided
testimony to the Grand Jmy as a legal witness even though Moot has a long history of
opposing Castaneda.
3.51 On August 3,2007, John Moot is retained by a client (believed to be Pieri) to
examine whether Proposition C's Charter Amendment is in conflict with the State's
general law. (55A)
3.52 On August 14,2007, John Moot testifies at a City Council Meeting regarding the
proposed changes to the campaign contribution ordinance, even though he and Mayor
Cox are aware that he has a conflict of interest. John Moot had served on this committee
with the head of the Ethics Commission, Michael German. (57)
3.53 On September 25,2007, despite a conflict of interest, John Moot once again
testifies before the City Council regarding Chula Vista's campaign contribution
ordinance. Moot appears together with Ethics Commission and Campaign Finance Ad
Hoc Committee member Michael German and both advocate for Moot's changes to the
11
ordinance, despite those changes having been discredited at the prior meeting. (Once it
has been determined that those recommendations came from a process tainted by cdnflict
of interest, it was wrong for Michael Gennan and John Moot to advocate for the same
recommendations, and especially wrong for the Mayor to allow Moot and German to
continue to do so again at another meeting.) (58) German is also an attorney who works
for the Attorney General's office.
3.54 On October 3, 2007, Deputy District Attorney Patrick O'Toole refuses to release
transcripts of John Moot's Grand Jury testimony to Steve Castaneda's attorney.
3.55 On October 24,2007, Jim Pieri, Dan Horn and Growth Management Oversight
Committee member Kevin O'Neill are supposed to host a Lincoln Club fundraiser at Jim
Pieri's Mountain West Real Estate offices in Chula Vista. The event is cancelled due to
the fires. The flyer used to promote the event uses the City of Chula Vista's logo, which
is a violation of City law. The flyer advertises that Cheryl Cox and Councilmember John
McCann are to be the special guests at the event. The flyer also encourages people to
"playa leading role in the effort to defeat a local antidevelopment initiative and a
measure to create an elected City Attorney." (58) This use of the City Seal violates
chapter 1.08 of the Chula Vista Municipal Code.
3.56 On October 18,2007, the use of the City's logo on the Lincoln Club fundraiser
flyer had been brought to the attention of the City Attorney's office. (62)
3.57 On October 30, 2007, the City Attorney's notifies the Lincoln Club that they
are in violation of City law and asks them to remove the City logo from the flyer. (62)
The event was originally to have taken place six days before the letter from the City
Attorney was drafted.
#4. Did San Diego District Attorny Bonnie Dumanis abuse her position and
power in trying to influence the appointment process to fill a vacant Chula Vista
City Council seat? Did she also improperly use her office to investigate certain
punitive investigations as listed below?
4.1 In early December of 2005, District Attorney Bonnie Dumanis speaks with Mayor
Steve Padilla. She urges him to appoint an advisor and employee of the District
Attorney's office, Jesse Navarro, to the City Council seat being vacated by Patty Davis.
4.2 On December 18, 2005, Patricia Chavez is appointed to the Chula Vista City
Council instead of Jesse Navarro.
4.3 Later in December 2005, the District Attorney's office issues subpoenas to all
members of the City Council regarding the formation of the Chula Vista
Redevelopment Corporation. The subpoenas are issued just a few weeks after the
Mayor and City Council go against Dumanis' wishes by appointing a different
candidate, other than her choice, for City Council, than the candidate Dumanis
12
was supporting. The investigation was used against Mayor Padilla repeatedlyt
during the Mayoral race against Cheryl Cox.
4.4 On July 11, 2007 Dumanis would claim that she has "sworn off endorsing
fellow politicians" according to an article printed in the Union Tribune. In the
same article she lists multiple county officials that she would not prosecute
due to their personal relationships, including the Mayor of San Diego and the
San Diego County Sheriff. (52A) Dumanis later is quoted as saying that she
would prosecute County Supervisors.
i-
4~?
"
Jl! ~11J
\,
<-7~~ Cl--(1--eVv-;~,--Qy.--z
, Sonny Cha'I)dler '
,
Ted Kennedy
13
I.
1. Moot is appointed 12/9/94
2. Moot votes to remove City Attorney 5126/96
3. Moot makes comments about Hispanic voters after 1996 Primary 3/26/96
4. Moot votes for Gateway ENA June 98 & Extension in 99 6/16/98 & 6/22/99
5. Moot votes for Gateway $7.5 million "agency participation" subsidy for Gateway
6/6100
6. Moot does not seek re-election - mentions 14 vote win during the November
1996 General Election 11/30100
6A. John Moot signs the first Amendment to the Disposition and Development
Agreement for Pieri's Gateway Project (Phase I of Gateway Project to provide bridge
loan) as counsel to developer Jim Pieri
By working for Jim Pieri and submitting a contract to the City on behalf of developer
within a year of serving on the Council, John Moot violated section 2.28 of the Chula
Vista Municipal Code
7. Moot chairs Chula Vista City 1 Schools Community Task Force - Moot presents
report to City and School districts 5/10103
8. Urban Development Committee is formed - Nov. 2003
9. Cox sits with Pieri on UDC
10. Cox puts down deposit on Espanada
11. Criticism of Espanada begins - 7/2/04
12. Pieri resigns from U DC - CVRC begins taking shape - 8/28/04
13. Espanada opposition grows - Francisco - 11/20/04
a. Moot speaks of eminent domain for Edward Arms
b. Francisco claims to have been visited several time
14. Flores article on being pressured to sell his property - 12/23/04
15. Pieri attacks Crossroads II in letter to Planning Commissioner O'Neil - 1/2005
16. Pieri attacks Earl Jentz in Star News Article 3/25/05
17. Jim Pieri threatens Gerald Scott at City Council meeting
18. Pieri signs letter to Padilla withdrawing Espanada Project 10/4/05
19. City Manager Rowlands' letter to Pieri saying that he could retract his letter
10/12/05
20. Greg Vega submits letter to City on behalf of Pieri - Greg has close ties with
Patrick O'Toole 11/1/05
21. Moot and Pieri tell Padilla that they were going to dig up dirt on Steve Castaneda
- may have mentioned O'Toole by name
22. Espanada fails, council supports mid-rise at location site 11/30/05
23. Dumanis contacts Padilla - She urges him to appoint Jesse Navarro to vacant
council seat
24. Patricia Chavez appointed to City Council 12/18/05
25. Subpoenas issued to City Council members from Dumanis' office regarding the
CVRC
26. FPPC complaint filed against Steve Castaneda by Moot 1/3/06
27. Castaneda and Cox enter Mayoral Race - Pieri sends out email encouraging
people to attend 2/22/06
28.Anonymous complaint against Steve Castaneda filed with FPPC (see 26) 3/27/06
28.A. DA starts investigation of Steve Castaneda (see 42)
29. Moot hosts Cox fund raiser 5/19/06
30. Sunbow condo conversion vote delayed due to possible conflict of interest
involving Steve Castaneda 4/5/06
31. Castaneda's 700 disclosure form is found to be missing $65,000 - 5/26/06
31.A. Ethics commission sends complaint to FPPC and DA's Office 6/15/06
32. Moot makes presentation before City Council concerning the City's finances
1 0/28/06
33. Lincoln club spends $50,000 on Cheryl Cox campaign. Pieri, David Malcom,
and Harvey Souza make $10,000+ donations to Lincoln club 11/3/06
34. Cheryl Cox wins Mayoral Election - 11/11/06
35. Pieri puts up Congratulations Cox banner at Gateway 11/14/06
36. Grand Jury investigation into Steve Castaneda begins
37. On November 23, County DA's office signs lease 4th floor in Pieri's Gateway II
office building
37A. John Moot's phone records with Cheryl regarding the UCSP, CVRC, Chamber
Dinner and a phone call that he received from a reporter. January 9th and 24th of
2007
378. On January 17, 2007 Jim Pieri meets with Cheryl Cox
38. Pieri holds meeting with city staff in Housing Conference Room. - makes
mention of having talks with CV School District (this while moot is on the school
ad hoc committee) and brings up the cost of the $2 million bridge "Cost of
constructing the bridge would be an important issue for Gateway and the County
39.
40. City Council votes to take themselves off the CVRC - reduces accountability for
CVRC actions 4/18/07
41. Public Records Request submitted by Jackie Lancaster - asks city to disclose
communication between local land developers and City Staff/Officials. 5/9/07
42. Steve Castaneda says DA probes are politically motivated 5/12/07
43. City Attorney files lawsuit against City Clerk, halting the initiative process for the
General Plan Protection Initiative 5/17/07
44. DA says they will move office in July to Pieri's building across the street. 5/17/07
45. City Clerk Susan Bigelow informs Charles Ulrich and Norma Cazares the City
Attorney Petition is insufficient 5/18/07
46. Article on Public Integrity Unit 5/20/07
47. Closed Door Discussion of use of eminent domain in relation to the Edward Arms
apartments
48. O'Toole is dating witness Elizabeth Hull, a deputy City Attorney
49. City pays over 450,000 in Lawyer fees for Grand Jury Investigations 6/2/07
50. Moot joins City's lawsuit against the City Clerk. Patty Davis, Patricia Chavez,
Kevin O'Neil and Ty Compton are plaintiffs 6/08/07
51. Cox puts together AD HOC Campaign Finance Committee. Names Moot as
head of committee. Patty Chavez forced to pay $100,000 for violating city's
campaign finance rules. 6/21/07
52. Steve Castaneda pleads not guilty to 15 charges - 13 felony, 2 misdemeanors.
52A. Dumanis claims that she does not endorse politicians. She says that she is
one of three virtuous people in public office in San Diego County.
53. Moot uses lawsuit with City to subpoena members of the GPPI campaign in order
to learn about campaign progress/activities 7/26/07
54. Transcript of Castaneda's Grand Jury testimonies released. 7/21/07
55. Pieri tells members of the Lincoln Club that he was 60% responsible for
Castaneda's troubles
55A. On August 3, 2007, John Moot is retained by a client (believed to be Pieri) to
examine whether Proposition C's charter amendment is in conflict with the State's
general law.
56. Moot presents anonymous '06 FPPC complaint to Ethics commission to
demonstrate Castaneda's history of investigation
57. Moot testifies at City Council meeting despite conflict of interest 8/14/07
58. October 24,2007, the Lincoln Club of San Diego uses Chula Vista's Logo to
promote fundraiser for Cheryl Cox and John McCann and also to raise funds to
fight the two initiatives that are circulating.
59. Chapter 1.08 of the Chula Vista Municipal Code regarding use of the City Seal
60. Union Tribune article about the AG's office clearing Castaneda
61. Voice of Sandiego Article pertaining to Bill Horn and his failure to disclose $349,000
62. Letters to and from the City Attorney regarding use of the Chula Vista Logo
63. Voice of San Diego article regarding Brent Wilkes' and Ron Roberts
64. Union Tribune article regarding City of Chula Vistas legal fees
65. South County Courthouse space expansion background
1
MINUTES OF AN ADJOURNED SPECIAL MBETING OF THE CITY COUNCIL
OF THE cm OF CHULA VISTA
Friday, December 9, 1994
4:50 p.m.
Council CoDfetence Room
City Hall
CAU. TO ORDER
ROU. CAU..
Council P_I' Robert P. Fox, Jerry R. Riadane, Stephen C. Padilla, &Del Mayor Shirley A. Hurton.
Also Present: City Atturney, Bruce M. BooglWll: and Cily Cleric, Beveriy A. Authelet (arrived at 5:35 p.m.)
BUSINESS
Councilman Rind""" stated that they had received a 1_1' from the Mayor that was of... emergency I1IIIure which
was nolll.ted on the agenda. He asked the City Allomey if they had the authorily 10 discuss thi..
City Allomey Boogaanl stated that he W88 aboUI 10 do a research on lhat, but it ....... his 1I-..l belief that at ...
adjourned special .-ins, you ClIIUlOl do an)'lhill, which has not been noticed. Only at a regular 0" an alljoumod
teenlat _tm, can you use the _gency exception 10 bri... aomethiIlJ up off the apnda. As he waa leaving 10
nlIlOIlIclt this, the Mayor stated 10 him that she did bOt bave on inteteIJt in di~ this tOIlilJht. Thelefu.g, he
did DOt do the nlIlOIlIclt.
Mayor Horton stated thal.he would rather wail for awhile; she will deal with Ibi.later fur some specific direction.
Councilman RiIldUl:le stated thai the subjecl was of interest and ....... hoping it would be placed 011 T.....y.. agenda.
llF.1.Ii'L'TION OF A COllN('n.~uBER - Coosidetation of an appointmenl for vacanl Seat No.3 which.......
created by the election of Shirley Horton.. _yor.
The meeting waa b1med over 10 the Cily AIlomey 10 explain the term for the appointed councilmelllber.
City AlIomey Boogaard stated thai the philOllOpby of the Charter is thai when a vacancy OOOIlrS, it is 10 be fined
by appointment until the nexl general municipal election. It is a cosl saving measure. If the term i. DOl OYer, then
there is Ie be an election at that ll""etal municipal election 10 fin the l'CID&ining lime. The next general municipal
election wiD occur in March 1996 with a nino-l1lOIlIh gap when the term would he over in December. Under the
Charter language, il i. possible 10 interpret Ibis to say that Ibis appoinlmenl will I'lIll between ROW &Del the ,.,......t
municipal election occnrring in March 1996. In March, Council wiD be requited 10 have two e1ectiOPS: an election
10 fill the niD&-month segment and an election which wiD fill the foot year period.
Councilman Fox lllIbd if il were possible to declare the _I vacalll again in March 1996 and reappoint io-.I of
bavinll two e1ectiOll$.
City Attomey Jlooeaatd reoponIIed that the purpose of the Clw1er was to be a cost-!laving measure. It ..y. you
should try 10 elect your ~tativ.. as mu<>h 88 possible.
Councilman Fox stated it would not be C08t effective 10 bave two election. for the same seat.
City AlIomey Boollaard responded that il was bOt two elections for the same _. and il would he very C08t
eflective. First of all, it wiD be a COltIlOlidated election: a special election would be $120,000. Consolidated
elections are $20.000 and fur two seats, we might be at $22,000. So the second electinll would he very C08t
effective. Mr. Boogaard further stated that _dy we have a rule that if you have a ll.....nlI mu.nicipal election
If I
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Minu....
December 9, 1994
Page 2
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or eveft a special election which i. joined with the general municipal election, it is under SIBle law considered a
special mllllicipal election. If our rule sIales that if no one gets more than 50" of the VOOlS, we bave to bave a
sPecial runoff.
Councilman Itindolle asked if Council had tbe authority to detennine the length of iIn appointment and to specify
that so that we can eliminate these ambipities and that if we come to an ae-ment to make an appo~, the
perlIOD would be appoinli>cl to March 1996. And then if there is an individual who wins the general municipal
election at that time, we couJd then appoint that individual to the be\aoee of the nine _th..
City Attorney Booaurd stated that what you are aslcing is thai !be vacancy i. seated unlil a successor qualifies.
Uncler our rul.., a succeasor willllOl qualify if the election in March cloeo not produce a clear wilmer. Do yotI WIIIl1
to ..n a special runoff election in the ..u..mooth period (our rul.. ..n. for it).
Councilman Rindone stated suppose we appoinl Person X for this v""",,cy until March 1996. TheIl we bave the
g-m municipal election in March 1996, and we don't bave a ~ty wo.-.
City Attorney Boogaard atated that your appoinleo will conlinue to ..,tve until the results of a special runoff election.
This i. what our C'Iwl<>r call. fur. Some people feel that this appoint_t will nut until December 1996. It will
DOt; it will nut unlil March 1996 unIeas there is IlOl a clear wilmer. However, if there is nol a clear winDer in
March 1996, you will be tieing a special runoff election tequirellHllll- By the time you ..n a opecial runoff
election, it is going to take 109 days. It will put you within six months of the e1ectiDll. There will be two electiDDll
beld simultaneously: one for a nine month term and one for a four year lenD. You can run for either or both. 'The
appoinkle will serve until March 1996 or until a successor qualifies fur office.
Councilman Rindooe wed if this necessitated an election. I. there any way to avoid baving two electiolJll ntber f'
than a C'Iwl<>r change?
Cily Attorney Boogaard replied no. In March 1996, there will be two elections. Election No. I will be for nine
months, and Blection No 2 will be for a four year period. Same person could win both e1eclions. We should
end_or to do is to have a Charter change on the March 1996 ballot thai will avoid the ~ of baviDg
to call special runoff elections. He will process this in !be normal CO\ItIItl of charter cb8ll&"". Mr. Boopard stated
thai when we debeled the special runoff electioo rule, be had suggeali>cl thai in a special election you should go with
jUlll the higheat vote getter, but no one agreed with him. Insteod Council oaid we want to have not jUlll a special
election, but aIao a opecial JlIII()ff election if DO one was . clear winner.
Councilman Riadooe oIIIled he still SlIppotled thai position becaUllll il would be llIl unfair advantage to the pertIOD
if they did IlOl gel . .....ority oiDee they would be seated and thai was IlOl the pWpOll8 of giving any candidate a
p."r."....lial advllltlap in llIl eleclioo. 'The suggelllion to correct thai by Charter aIIIeIIClmeol would eHm;_ thai
ambiguity and ot the 88IIIIl lime would not provide thai benefil to an individual who might gellbe bigheol vote total
but not majority in !be e1ectiD1l and could be _Ii>cl.
City AIIo_y BoopanI stated the best _y to correct this problem woukl be to eliminate !be special runoff election
rule, bul Council _018 to be saying that you w"u1d like il to remain.
CounciItDIIl RindoIIe staIi>cl thai if you seated by the highest vole$, !bell that per80II bes a diatinct advllltlap over
the other person who is numing fur a full four year term. That is not fair; they .b"u1d compete equally.
Councilman Fox rell thai selecting a <XllIDCiI-'>er ...... . critical decision. He felt the per80IIlIelected shouid be
able to "hil the ground running," comprehend land _ i_, unc\ersIand the budget process, and have 8OltI8
eaperience "" city-related i_.
Mayor Horton fell thiIt this W8II a fsirly young C'..ouncil in experience wilh !be ID08l-ror counci1member ouIy being
on !be Council four y-.. We have 10151 Lea Moore wbo was O(J knowledgeable. She felt we needed to look at
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Minllles
December 9, t994
Page 3
the qualifications: what do they know aboul some of the important issues in Chula Vista, how involved have they
been in the planning process, and what is their backgr<lWld in the budget p_. Above all, land use beeauao moot
of the decisiOllll that C.ouncil makes are land uoe decisions. She would find it valuable to have 80_ who would
be available 10 assist the byor; libe would lib to bave a balaoce on the C.ouoeil.
Councilman Fox aaked if we were limited to people on the list.
Mayor Hortoo respooded that we were not limited kJ the people otl the list. We are only limited to thoae who "'"
resideD.. of Chula Vista. If someone baa another IUIDIO they WlUtI kJ bring to the table, Council would consider that.
Counci.lman Rindone stated he had IlIl opportunity to experience two si_ions in trying to fill v""'lDCies. The
ColmcilliboWd make best effort and good faith to fill the vacancy by oppoi.ntment. In the put, the process woo
done by I.ooItiog al the Ii. and each C<lIIIlCilmember ......... to vote on a specified number which happened to be
three. To narrow that list down, eacb candidate bad to receive one ()I'more votes. Council can agree to vole again
and eacb member receive one .... vote. If a candidate does not receive one or mote votea, the namo ia removed
from the list. It is a pr""""" toward developing a COll8Oll8US. He felt it was important to come to a co..-sus 011
the process. It was important for everyone to stale why they v()le(\ for eacb of the candidates.
Mayor Hortou &tated in order to nall'OW the field, we should wrile down three candidatea. Then we will evaluate,
and then vote.
Councilman Padilla suggested that _ read oft' each name, and Council indicate their vole.
Mayor Hortou added that evctyone IllUst lcn<>w who their top th.... choiCOll were. Therefore, reopond to just the
lop three, Dot to eVOlyone who bad poIential.
Council...... Padilla stated be had considered this process. He bad some vety sIrong opiDiODS aa a _ of
priDcipal and phiIosopby of what the approprialeaea&. in coafonnance with the city a.-r, and utility _ of ..
appointment. ID his view, he would bope tbat the balllllco of the term wouW he &maIllIIIII that we would look for
IlIl iIldividual who coWd be a caretalter and who could hit the ground numing. ID comhination with tbat, be did not
feel tbat Council should benefit or CODvey IDY political influence to that iIldividual or their abilitiea for the futuno,
i.e. the advaaIage of incumbency. He felt tbat ooe nf the downsidee of an appointment hiotoriually ill the City of
Chula Vista waa tbat there was DO geitiDg around the &ct that no matler who you appoint, you do CODvey to an
individual the advantage of incumbency for the IlOXI. eloctlon. His pbilosophy was tbat he woWd diliaently purllIUl
candidatea for appointment and would support appointment. He would do SO with the uadentaDding tbat the
iIldividual, aa could be Iealally &tated, would verbally........ Council that they would DOl inleDd to aeek e\ection to
the _t in 1996. He would be willing to consider and to wolle with the Council 011 8IIY munber of ..,.,lj,l..... to
make IlIl appoiDtment 10 the seat, but be would only cou&ider candidates who will assure the Council that they do
not intend to aeek election to the _t when it opens in 1996.
ColmcilDlan Rindone slated he did not philOllopbically _,..,., with that. If this was a CODdition which we wanted to
IDIb on the candidates, then that &houId have been -et-l upoa prior to the interviOWll and dillW88ioJJ. with alllhe
candidates that this was the criteria for the applicatioollllll fot interViewing. Tbi8 WIS not doDe. He did not _
it as _ negative factor that someone ru... for election if they have done well. He feh this could be a pooitive factor
for the City because it will provide continuity. He felt it waa extremely important to know that you are held
acooualable. liven if it is a term that is filled by appointment, the individuallllllSl still remain accoIIIItahIe lIIIII have
to face a potential election if they do well.
Mayot Hortou stated that &Ome of the people may not have applied if this was the situatioo.
Councilman Fox stated that be did ask each candidate if they iIIlended 10 run for election should they be appoiDted.
Every candidate responded that they probably would except for one. He felt that if we w.... going to change the
rules now, then we should go througb the process &gaia.
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Minutes
December 9, 1994
Page 4
1
Mayor Hortoa slated thai the process is. unless tho Council v_ .otherwise, thai tho candidate will servo Ibroullh
March 1996 ODd then havo the optiOllIo run for oIoetion.
CoUllci1man )>adilla stated that his intent WIS not 10 begin his term Oll. tho Council with tho feeling that ho could DOl
work. with other members of the Council; however, this was hi, principal. He felt thai this Council was
inappropriate to consider the lorms ond process of this appointmool befmc tho Council officiolly had tho dilly to
carry thoso decisions out was seated.
Mayor Horton responded to Councilman Padill. thai be had the option .iDee he WIlli elected to attend the moetinas
10 voice his opinion at ony lime, but he ....ver shared anything until tho night of the Council mooting wbon he WIlli
SW<JM in. Sho took offence 10 this.
Councilman Padilla stated thai he felllhe process bad oIready begun by declarina the l/8C&I1Cy and lIlIIkinlIa dociaioo
of what the conditions of aew appointment wortl. When lie was BWOm in, IIppiicatioDs were being tabn and
reviewed, and the dale for interviews was already llClI. It was nUl appropriate for him, in his view, 10 come forward
10 _ and yo11 about tho process until such limo as he WlI8 in office. When he was talc... inlo office. he made
his views very olear. In terms of the inlflrviews. he fell thai the questions regarding I'1IIDIIinI in 1996 were lID!IWered
by all tho candidates. Ho expressed his opinion aheutthis at the time. If Councilman Fox had nUl osI:ed U-
questions, lhon he would lavo. Although be foIt that tho process was tecbaically legal, he was aabd 10 review
applications and 10 submit........ ror interview prior 10 becoming a member of the City Council. He felt I1I8hod
having 10 tako up . docisiOll. of this magnitude which he talces very seriously.
Mayor HOrlOn responded that this was why thoy accommodated him 10 givo him extra u- 10 think. about this. She
expressed thot there were four COUDoilmemhors and we could talk allout this all night. inBtead we should proceed.
Councilman Padilla stated that ho understood that tho C.o"""il had within its power 10 set ony conditions which they
liked. If il i. the decision of the majority of the Cooocil that if this was not goinr 10 he . condilion of this
appointment, then he accepted that. But he felt we should not coasider any appU"""1 who was goinr 10 run in 1996.
Couaci1man Rindooe stated that it was lWIlOuooed tbroo weeks prior 10 any torm8 heifIJ instituted. When one is
olocted, they have every right, other than tho voting right. 10 porticipate in every closed soasion or ex"""", views.
Ho and his coll.pes would havo honored. respected, and appreciated any CODIIIIODI at illY time.
M (Padilla) that Councll COtIIlider indi'ridual& for appoinlmellt for the ._nt CouneiI Sellt No.3 wIlo willp'fe
Cound1lbe __ that they do DOt llltelld to -" election ill 1""
Motion lIOCOI1ded by Councilman FoX for discussion purposes. He asked if Councilman Padilla was suggoatinl that
we lIIart over.
Cuuncilman Padilla responded that if Council would reach a COQSOIllIIJ$, il would he an _y matter 10 got hold of
tho <me individual and uk him this question. If he reaponded favOtllbly, that would he the end of the - and
Council would lave an oppointee. He was willifIJ 10 participato in the plOCOSll as 10flJ as il took 10 Iill the
~. Ho oimply stated his position lhalthi. was the ",idoline which he belioved in, and he will adhere 10
it.
Councilman Rindono stated he would vote against tho rnotioo. heca_ he helieved if th_ were tu he preconditioos,
it should lave boon iIllOOUlICed. He also believed that what they ....... doing was ill tho best public heoofit.
Counci1man Fox stated that he foil Councilman Padilla was comet. He supported hi. philooopby. He oIso fell tho
Mayor was correct. If we agl'llOl! upon those conditions, we should have had tbem beforehand.
Motion failed by the following vote:
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Oocembe< 9, 1994
Page 5
A YES: Fox. Padilla
NAYS: HorIon, Rindone
***..
Council nocessed at 5:50 p.m. and reconvened at 5:57 p.m.
**...
CouncillUlll1 Padilla reilerakld his position ",prding any particular candidate. He could not support auy candidate,
based on the interviews, who he did not believe would run in 1996.
Mayor Horton responded to Councillllllll Padilla that Council had voted and that Ibis w.. a democratic pl'OCelll8. She
asked if he knew who his top tlmle candidates would be.
Councilman Padilla replied that he was not coing to 8I1pporlany candidate who did not conform to those pide1ines.
COUIICilman Rindone staled that he had every right 10 his views and opinions in the way he voted. He felt we
should make every effort to try the appointn1Cllt proceIlll and ..,. if we can get three 01 _ votes for any candidate
to fill the v_y. He suggosled thai we use a similar process used previously. If Council c~. each membet
submit up to three candidates for further consideration. Any candidate to receive further roosideration must rec:cive
ODe vote or more. Th!lll be would like to heat from his colleagues as to why they were supporting the candidates.
MS (RindonelFox) that eowh Councilmember select up to thnle amdidlltes IIDd tbeIl JtowId 2 will ODIy be
selected from those who reeeived 0IIe mle or more. Prior to votmc in Round 2, eac:h wIJI have an opporiunity
to say why the amdidate was selected for the list.
Councilman Padilla asklld City Attorney llooeallfd if. under SlICb a motion adopted. he would be required 10 submit
tlmle _. City Attomey Boogallfd replied that he would not be tllquited to submit any 1IllDI08. CouIlcilman
Padilla 8laled that he would vote on the ptOOO88 motion.
MOTION PASSED 4-0.
Bocb COlIDCilmember submitted throe names to the Cledt for Round I as follows.
Fox:
Rindone:
Horton:
Padilla:
Nick. Aeuilar. Mary Salas, Cathy Jamison
Donna Hawk, Dennis Rowley, John Ray
John Willell, John Moot, Mary Sa1as
Did not submit any names
Mayor Horton ""preosed that John Willett wasretited aud would have the time to .....ist her durin& the day. He
was extremely knowledgeable on a wide variety of issues: involved ill land use, active in pub and recreation.
kDIlw what was SOing on in the bayfraul develop......t. IIIId knowledgeable about Route 125. John Moot W88 aD
attorney, and she would like 10 have all attorney oft the Council. He was on the p1anniDg conunissioo IIIId has the
IIIIId IIIlC lNIcqround. Mary SalaS was a quick. study. She has beeJl on the planning coillmiasion. She was articulate
IIIId thinks thing. through.
Councilman Fox exprossed that Nick Aguilar was his ftumber one choice because be could "bltthe gr<llIIId J'UIlIIine, "
was a previous elected official, Ilnderstood the budget ptOOO88. involved with the Chatnbe< of Commerce, IIIId most
significantly with NAFTA related issues and national tnode. H. feltlbat Aguilat would add expertise and baIaoce
10 the Council. Mary Salas would be au important addition because she was involved with BSCA because of her
relationship with California Trade and CoIlllOetCO. She w.. a plmming commisaioner and could "bltthe fIIOIDI'l
runnillg." Cathy Jamison was 88lected because of her experience in working with the youth. As a board """"be<
of the Boys and Girl. Club, she had helped turn the IlJ"OCY around IIIId generate SOIIIl> significat1l funda fur the
agODCY. She was a membe< of the Chambe< of Commerce. He felt she could help fuster critical pattnetsbipo dial
n
Mll>Ule8
December 9, 1994
Pace 6
1
we needed to look into wilh our churd> cottmnUlily. She was a "quick stu<ly' ond would need to utilize lhose
attribule8 in order to catch up on !he IaIId ..... related decisions.
Councilman ~ offerod ooasideration to 1)oona lIaM. boca..... she was a business owner ond would add
balance to lhe CowIl:i1. She was a cettified publi" _I and bas wotbd in Ibe private sector. She WIllI
ethical, honest, and full of integrity. She bas beoo IICIive in !he Downtown Bwn- Association, and she bas
wooderful interper80lllll skiUs. Dennis Rowley WIllI an individual who bod a lot to offer the community. 101m Ray
WIll a member of the plannintl oommiasion who was very involved in the Bayfronl projecl and would serve !he
community well.
Councilman POll asked if someone received three votes in the second round, would that mean they were
automoticaUy appointed. Or would they need 10 be formally nominated?
Mayor Horton "",lied that they would not be automatically appointed.
CoulIcilman ll.indone SIIggeated that every.- vote again with three votes to _ if there was any chanse, and willi
Councilman PadUla to see if be has Jiv... any thoughts to lbin,:s thai bave been said.
Mayor Horton asked if COIllICilman Padilla had any ronun<IlIS.
COlUlcilman Padilla stated lhal if Mr. Ray would confinu hi. iatentionnol to seelt election in 1996, then he was the
only <JOe he could coDSider. Ii was a matter of principal. As l8r as the olhers, he would have 10 stick to bin
principal.
Each councilll.....bt,{ submitted three JllUJIOIl to the Clerk fur Round 2. as follows:
Fox:
~:
Horton:
Padilla:
Mary Salas, Jolin MooI, Nick Aguilar
Donna Ha.w., Dennis Rowley, Jolm Moot
Jolin Willell, Iohn MOOI, Mary Salas
John Ray
CoulIcil eliminated those who had nol received any votes.
Councilman Rlndooe felt we needed to try to relICh a COlI!lllIIBII8. Although Mr. Moot was not his first choice, he
was highly qualified, and be did receive ill.... votes.
MS (RindonelBorton) to otTer tile name of Jolm Moot to fiIIlbe Council vaamcy uutil Mardt 19M or UDtiI
we Ioa.e a ..- who quaJlfies.
ClllIIlCUIIIlIII Fox suggeated that CowIl:iImaD Padilla consider participation. He ll1ldentood his priocipal, but we are
at the point where a decision wiD he made and the situation does invite hi. participation. He - part of the
process.
Councilman PadUla stated that this was DOl a matter of like or dislike, there were a number of candidates which he
know persoaaI1y thai were well qualified. He would participate if it were nol fur the ~ which he had
already made, he could lIUppOrt any one of them. It was DOl a q-'on of willinS- to participate or to be a -
player. This was a matter of principe!. He has taken a pusition in l'Oll"rds to the ~I which was a
reasonable one which bas beoo logically tbou*htlhtouah.
Motion failed by tile followine vole:
AYES: FOll, llindone
NAYS: Padilla, Bortoll
-~-I
r
f
r
rr-
1
Minule8
Deeember 9, 1994
Page 7
MS (Horton/Fox) to offer the IlIlIIIe of Mary Salas.
Councilman Riodone stated Ms. Sal.. WlIll bigbly qualified and he respecled ber a lfteal deal. He made the motiOll
fot Mr. Moot because it appeared that be bad tbtee vole8 and it bad been indicaled to him that Mr. Moot bad the
bighest respect, intellect, tenacity and wotlc ethic to do Ibe job. It w... incul:obent upon Council 10 gel on wilb Ibe
businells of the City and he would 8IIJlPOtl Ibe nomiDatioo of Ms. Sal....
Motion faUed by the following 1'01e:
AYES: Il.indooe, Hortoll
NAYS: Fox, Padilla
CoUllcilman Fox staled he was inlere8ted in ...looting the best. AIlboullb be felt Mary Salas' qualifications were
superior ""Jl"Cially since one of her primaty jobs was to implement economic development stnlellY would have been
sianificantto Ibe City. He felt we should not eliminale some of the other caodidates without delibetatiOll which
includes 10hn Moot.
Councilman Riodooe stated that both Salas and Moot were ellcellent candidale8. However, neither were in biB lop
three choiceo. He telt he had gone as far as he could. It was up to the others to make a movement. To bteaIt the
deadlock, he recomme<lded .. compromise candidate.
M (Rindone) m offer Ms. Hawk as a <lmdidatL The "".tion died lor Iacl< of a seroncI.
MS (FoxlHorton) m offer John Moot as a ClIIlditlate. Motion carried as lollows:
A YES: Fox, Riodone, Horton
NAYS: Padilla
Councilman Fox suggested that we make an attempt to make the choice an unanimous choice of this Council.
Councilman Padilla staled that reeo/!lli2illg that the Council bad nuode its decision clear, and he bad made bis
opiniOllS clear and bad recorded bis vole on that basis. As a matter of respeet of the decision of the majority and
.. an extension of his willinllJleSS to prove to Mr. Moot that this was oot a sole deci.iOll apinst him in IIIIY way,
be would off.,.. his SUppOrt of Mr. Moot to IIIllke the declsiOll of the City Co-.il UIIlIDimous.
A YES: Fox, PadUla, Rindo.... Horton
NAYS: None
The meeting adjourned al 6:40 p.m.
Respectfully submitled,
~UlO C (2-dU
Beverly A:1utbe1el, CMC
City Clerk:
rl
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M
y
!'e Lampie the'
per (Daniel
<a Vista), his
lbeeca Skanes
evil Dr. 'rerw
and mmlagee Theatre East, Ea~t
County's Performing Arts eel> ter
located in El Cajon.
For more information call
588-0205.
'st survivor to hold a
7ning for his menlol,
In Diego resi~
survivor, will
3k in Chula
"Because of
told from a
)8$ been corn~
iJ.TY of Anne
r's experience
,st, the book
ndsbip, love
ing IIile4::ause
~.m. to 4 p.m.
the WaJdan-
ay in Chula
David Faber
I characters play CV
ihool's Music
j~nt..present
(,,,,,~dy by
IliiI.<l.\.! I'A May
r.fby>81.
] at 7 p.m. in
gat Hilltop,
.<ets aTe $4 in
the door. Can
anon.
in New York
,n became the
. With music
leD Schwartz,
in time to the
tlo tJtory of the
I.. While hi.
wid a Holy
Intra) Europe,
loes not want
oops.
bere is ~mme.
,ging war, col~
olilice. To ap-
h6 join. the
~j;r~Jr.J
~,..;--_.._-,
,.!
115 !
t. H~ !
,
VIS :
PIZZA l
1339 :
_.@W:
--".-----., ft
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army but then goe$ .bout staging
a revolt. Along the way. Pjppin
finds love with a wealthy young
widow.
Hilltop eenior Mnndel Cabrera
stars. &8", Pippin. Sonior Noelle
. Maaon liB the lelo\ling player
guides the audience through the
cours. of the ploy. Jo.. Vald..
pJaY$ Charlemagn. and Ste.
phanie Mauricio plnys Catherin.,
tho Jove interest.
In aU 27 student octo!". and
musicians will be featured.
Hilltop drama teacher and
''Pippin'' dirootor Kim Walsh .aid
this production is the school's
first mUftical play in tnuny yeare:.
Walsh collaborate. wit.h orches-
tra teacher Dannie Mauricio and
choral director Jim Morgan to
steil" the play.
eM loir is first
Sweetwater High School's show
PI choir. an Intematiollal Affair,
\y;. received a first plat.'e gold award
. in the sbow choir division of the
I Heritage Festival National Music
Competitions May 3 to 5 in Las
I Vegos.
I International Affair also won
tho Heritage Spirit of La. Vegas
Trophy. This award, which cli~
maxes the evening awards cere-
mony. is determined by an com-
petition adjudicators and festival
administrative staff. According to
,festival organizers, it is presented
to the on. perl"rming group that
lx.~t represents ita community
and state in musical exoenen(~e.
performance. standards and com-
petitivespirit.
The accolades were presented
following t.wo days of cQmpetj-
tions. There were more than 800
p~rt1dpants rep!-esenttng 34 mu-
sicui groups from severai ~1tateE.
~ I ~~ Up,f"~e-;Jf, ..
Boogaard-I ~
~nlinued~mp.geA: ! (~l r ;~~ (pe) (. IT"
!"''';~~''' ~ol?".,:nC11man ~. b co." to ~ ~., ,~"'- ~,,~ :..~.,~ ~J .AM
.....' _1:- .;:'rlnOU:l~e hb wrongdO"- ~ F<:imOU3 Szechwan. Mandar.;!, Chinf"<;(
.'" ",,:~ ':;'~ik.rh.g 8"'11M~ n~~ipts. ; Across ir,m DM',,'.. "..r;':;.,"
, "'ul.t!'So:18Y. Bo?saard said _ :.<; ~,;~ ... '_, or- . , .''':.
~',.':~; notcommuhlcated wH:I1.tlv;,". :. H~lAJr". mtlj!Y\i~~l" r:CUU uO GU ~ Hc.t.~1':;' i:di~; _.
, .. ,..fncp. the meeting 9.,u" '.. :!! L~ 398 C S!~(!el D C~!!h~ V~~ta:... :',..IOtlr<ot .~ ~~ e ~utu~b Ave r
~f)tiflu.e to do hi~ job untl: a _~".. _ .~, " 'w'"", -.... (It .,. ~
~~ Made.
~rm s. little ~."Ustrated that she
tnn~t provide any Ii~"iiica. It's
i' arJ. to defe~d myself against an
ambiguous 'attack/' Boogo$lrd
said.
He said h~ ",,"ed her to air the
matter during the public lle8SiOll
last week because he felt it was
the only way to protect his repu-
tation.
"]: feel I have done nothing
wrqng," Boogaard .aid. "All my
decisions were legany sound. And
if the. public ,eVer gets. to hear-
th... supposed charge. all"ilUBt
me, they will undel'lta"d that I
wa$ at all tirnes operaling in th~
best inlere$t8 of my client. the
<!ity."
HGrtoo said she and members
of council haye had prior dilleUS-
sieJns With him about hi. work re.
lation.. "But no ORe wanted to
hurt M. re('.()rd by putting it in
writing."
She said his beha,vior was irra.
Uonal and very disruptive. "I
could no looser avoid a.ddreuing
~:.~~~a~ I ,,~ye h,~dwith,
!loogaard .aid 80me of his de-
cision. have been unpopular with
her and some of tho d.".,loper
community. ~rm known to driWt.
hard bargain but thet'. my....
sponsibility. My philosophy of
lawyerin, ,. to eliminate aU .ig#
nificant ri,k. and if I can't elitn~
in.t.> it, then I haya to diocus. it
with council and .orntltil'rlea they
don't want to hear it. They view it
us negative:' he aaid.
He said the conre.t of hi. per.
sonne~ ee_;tjion iila matt.erorpriv~
acy and he: wiU not waive that
right to privacy by com:neuting
on it..
Horton said hC!J:r rel.tioolf with
Boogaard have degenerated alto;
gethe-r. WI can no longer work with
him. It'll very dyefunetional, the
r-e!ationship with the City Attor-
ney'& office," she said.
She said she placed. an item on
the agenda in January to bring
the matter up to the council but
took it off. Beog.ard. she said. re-
quested. that she anow him to
look for another job. She agreed
then to giVE him Mvers} months
to look
Horton said she de.cided to put
the item on the agenda.las.t week.
Councilman Jerry Rindone said
Tuesday that he has dlBCuBsed
with Horton het specific concerns
about Boogaard and did not filld
th()s~ to warnmt this kind of ac_
tion.
[I
I
f~::
(,;,j!'>
.
"M
II!J
...
i
Mean while Councilman 2,00-
phel'l PadiHa Tuesday ang:e~"ed
Horton and Ccnncilmim Jerm
IV!oDt, INh6:t1 he ti.n!lOU'tlCi>;d th<:~t he
h~d obtained
sho," H(;rton has
\1f\iJLl A~
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724
NIIIloo
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San
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WHERE YOU'L
~ Tick.'~ts ~ Accidents" D
.. Lowest Down P
. "lop Rated lnSUI
,-
ffiQa.u1u, S,
FUll SERVICE () BEA
Clf'IN MOII4AT 10.7 . alOII!>Ay 1$ leHIClIf IlI5COUNI DAY: 10% 0
l1nts . Perms' Spirals . Highlights . Eleclt
Faclals . NailS' Waxing' Manicures' Pec
Skin Care . Relaxing Massage
EMS Electronic Muscle Stimulations' Perman€
. GIFT CERTIFICATES AVAILABLE
t: '.J'~i%:..Y,' ;i:S,{P"i,'::''i'~''!
GRAIl OPENING
A!Ji.
OPEN M-F j.9PM .
Featl.ll
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AroUildttieCqil!l!y ..""."".....2
Obituaries __.."."."..."...."...~" B
Opil:1iQll....,,,.........,,...,.;.,.t9~11
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SAND.IEGO UNION-TRlBUNE Tl-IURSDAy,MARtmz8, l-996
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.- L"--~-~---~--\Cou;ncil race$
inChula Vii'.
I are sur""
"'00" "..""."".,GfjRAL" ""',""" \.
.
la I
/uding
neyer .
geight
'tola
project
pits
,k
~Q()IJ
?
" City
Big 8peru;U~r8
i find that tnoney
! . 't - f"'.'
! 11m .. Pflll?fYKlhAfirtfY/g
I ,~_,ilt~:."4'.~:~"'cr:" .
t.~~r:,AY)/IIALlIi'r" ."
T~"cttiJL~" -\~ Vot~
k. he'
an
".U
,,,,..~\1
.- relate 'Nt
received. 'oF,..
: "1 think"it j\l~t g~,-tO ahowthrH
. j. IDtmey,,~,J191....,~t1Y ekoJ.c...ti-Q.tllli,":'......'d
," Jim C.att,fnUl. ,Whow'li6I outspent
. "".r1y 2.to-lbyoppo"."1 M.ryS..
~ las in the.#'at ,No, .. 'r,lice ''i.et man~
i aged to .g.til!ir n..dji~. ",.ny
VfJt~,8-s'sa'\M.,
NothinS, -mQl'e _:d~tJr:n.htst,r~tej
th.t ~.llttle~t""~.~p~I."g'
...yJh.l1.y"'gi!f'inI<'.~I.!\, l><n'
....Ii1l>il.'.'. iI.'.:.~.'.':...I..iiI!I..Q.iJ!..i"""lW~~..~....,.............,...'......'........ti~.
3,"""'....' ".
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were
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'Jvl,}.fH (0 [JK'T\t",
. ,THE SAN mEGO UN/()N,"r"#.rlw!/E
-
3
s
Chula Vista
""',. ,-.,
...,
In the race among s;x candidates'
Cpt Seat No.4, the two' biggest
Yhtt;',w~etters".Mary ~la.s and Jim
Caltmill, wet~ also the two biggest
s.penders.
;But Cartmill, 36, a South BaY,'
Campm; Life associate directorj'
sa,YS hif> cloor~to-door campa,.isnin..1Q
made up for his lesser arn()tlqt,<<
.'money, He raised about $12,OOOi.
compared to Salas' more thl!!.,
$20,000, i
Oulike Cartmill. who is -e. board
fllE'mber of the Sweetwater Unwq
High School District, Salas does ~
already hold lln elected offiteand
said she had. lo overcome beina: an
unknown. Salas, 48, II state ec<)+
nomic deveklpmtlllt, SpedlllJil!lt, is a
(;,(\, plarllllng nilllmissiol'l.er.
net. Moot theorized~ "You had a
very_ energetic Hispank vote wl):o
came out to the. polls to vote :for
JUan Vargas and yqted for other
Hispanics, It
How much of 2 role Pina's His-
panic s\U'name, his placement in
first position on the ballot, his illes-
sage or his religious beliefs J)layed
!;r;O'O<tofwhit:h,was hisownm:ol1ey l.ti: iittract1t'i:~rvote!r'iS' MkriQWtf.
'- aggressively . campaigned Pina said, yesterday his 15 p.er-
against Moot's"character and 'yot- cent share surprised even him.
ing record, '''How did 1 do itl" be asked. ''l'm
Few p('.()ple expected Pioa to cap- ilot atlre, I think maybe the reaSOn
ture more than a few percent. maybe Was that people can see
"No one would have expected when somebody really cares about
someone who didn't campaign to them."
get 15 percent of the vote," Moot At campaign appearanCeS, Pillil
said. "H,ld a significant percent of empha,~ized that he could bring
that gOlle to me, I think I would (:ompaasil)f1 lo the City C{)yncil. Pi.
have won.it without Ii runoff." !la, who preaches religion to In..
Moot said the results shuw how mate!;! 1:15 pan d the San Diego SldJas. who re\'~('ived 29 percent
important it is for voten to keep County jllil ministry, advO<;~ted job of the VlJU'l, l\nd Cartmill, who pr..
,~",.Jt~;:Q(,:d!l.b.Qdfi.,A~~ng"fob.,'i~i,..";~,.Lo,,,,~t.,.~-tlttij;~j{~.1 M.~ifli'~.l..' l.th~~..~1t'~fiM:
.,X~.()un~i!..lI!1(j w:h~t tll.~jr~:I';p~r.j1;n~~ ,..lea3~_~BJivl~s (,I{~~npn~.t:. , ....... .' ,j'd ()i.ht~ri!1.l'j N(lyt';n-ll~r rtlflQrI,. _ .,,\ .
is. .e.veflnougu lWI S C::a:ltui aty Dean Archibllld, il retired IloJV~.
"Anytime when you have l5per~8Y have f()t'ced him into;t runoff, oHker who <ldvnctlted for nUlla"'-'
cent of the vote going to someone .wley 1il&1p, "l.thmk it'lO reJllly illl- gt'owth, recelve<l17 percettt of~
.who.has no experience or involt'e~ ptlrtant th,t fii\~, young p(~()~lt': lik~ vOlt, followed by S<:on Dave~~
ment in th~ .city, 1 thil$. iV,~.;'~ign' Vlt~iLaet invoJved early in the r~(J- Ii fOrmer .Pl"Qle'Cl.Jtor withJO peI'~
that people need to read rtlor#}U1<!, Iltt(;';llprocefHI. .r'V~! got tubelievt' cent;rnolhadvtJoCat.e Michellr. ~
j'J'IlY att~ntioI1".more"1:(T'wh.e. '.~njg' ,.(:hatgiven an9~Wlnjty. t9;f;Ality ~1PlQla).lIlt~ ..~ .per~J'?f, lrtti.;,etl~
".PI! in their .citY,~.M~t'$li4.,.. ./:>:,.:,) . .e to' il'gU'tll\1PIx~t'ter1J. AaYaJ oo\weo.ant Ardiito .~
Moot~peculat~' tl\llt;Rin~It\I.Y g<>ing l~ /kx,k to .. in lh. with Il'per'''"L
have ridden on the' coattllJ!~.1 .'. ,IT elect''''',''
Democratic Congre.~ioJ\,,1 liJ!ndi, ,lItoot, on the ot.., h"l1<i he-,
mlteJUtlnYa~gas" ,.J ~u gr~~.I:,lj.~a"s J:iUppprt
y.arg8s'.aggreSSl yo '~m "~."'~
door~to-door in tbe s, it4l;d.
un~u<cessluJ)11 '
'~" -:;'W~"''';!Iiii
Races for,Cii.y Council
produce some surprises
Continued from 6-,1
8-'1'
4
PUBLIC HEARINGS (Continued)
The corner of Third A venue and H Street represents a unique redevelopment opportunity
that links the Third A venue downtown shopping district with the South County
Government Center and the Chula Vista Shopping Center. In order to activate this
important location and strengthen the emerging Chula Vista office and retail market,
Agency staff has been negotiating with the development team for the Gateway Chula Vista
Project since June 1998, with the adoption by the Agency Board of a ~l~IIIC1:m1Il~~m
Jli!~.QYi!'tj)J!g ~&\$jm~!!~ (SENA) with the Chrismatt Corporation. The SENA was extended
for six months in June of 1999, with Gateway Chula Vista LLC as the new development
entity, during which time the final terms of the business deal were negotiated. During the
past several months, the specifics of the Disposition and Development Agreement (DDA)
have been negotiated, including all aspects of the sale of Agency land and other terms and
conditions of the development proposal. [Community Development Director; continued
from the meeting of May 23, 2000]
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Community Development Director Salomone explained the proposed project to the Council and
audience.
ChairlMayor Horton opened the public hearing and asked if anyone from the audience wished to
speak. There was no response, and she closed the hearing.
ACTION:
ChairlMayor Horton offered the following Resolutions, headings read, texts
waived:
AGENCY RESOLUTION NO. 1671 AND COUNCIL RESOLUTION NO. 2000-
182, A JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (A)
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND
RELATED AGREEMENTS BETWEEN THE AGENCY AND GATEWAY
CHULA VISTA, LLC FOR THE DEVELOPMENT OF A MIXED-USED
COMMERCIAUOFFICE PROJECT AT THE NORTHWEST CORNER OF
THIRD AND H STREET; (B) MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH; (C) AUTHORIZING EXECUTION OF SAID
AGREEMENT; AND (D) APPROVING FUNDING OF THE PROJECT WITH
VARIOUS AGENCY SOURCES AND CDBG FUNDS
The motion carried (5-0).
OTHER BUSINESS
4
Agenda
-2-
June 16. 1998
4. AGENCY
RESOLUTION 1591:
APPROVING A SEMI-EXCLUSIVE NEGOTIATING AGREEMENT
WITH CHRISMATI' CORPORATION DBA THE PIERI COMPANY
FOR DEVELOPMENT OF A COMMERCIAL CENTER LOCATED AT
THE NORTHWEST CORNER OF THIRD AVENUE AND "H" STREET-
-Chrismatt has requested a Semi-Exclusive Negotiating Agreement for 6
months in order to negotiate the purchase of Agency-owned properties,
develop plans and secure financing. The area under consideration consists of
16 separate parcels including 4 properties owned by !be Agency. Staff
recommends approval of the resolution and to direct staff to extend Owner
Participation Rights within 30 days of the effective date of the agreement.
(Community Development Director)
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within
the Agency's jurisdiction that is l1J!1. all /tem on this agenda. (State law, however, generally prohibits the
Redevelopme1lt Agency from taking action on any issues ,wt included on the posted agenda.) If you wish to
address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form"
available in the lobby and submit it to the Secretary to the Redevelopment Age1lcy or City Clerk prior to the
meeting. Those who wish to speak, please give your lIame alld address for record purposes and fo1l6w up action.
OTHER BUSINESS
5. DIRECTOR/CITY MANAGER'S REPORTfS)
6. CHAIRIMAYOR'S REPORTfS)
7. AGENCY/COUNCIL MEMBER COMMENTS
ADJOURNMENT
The meeting will adjourn to a closed session and thence to a Special Joint Redevelopment Agency/City Council
Meeting on June 23. 1998 at 6:00 p.m.. immediately following the City Council meeting, in the City Council
Chambers.
**Ift*******
Tuesday. June 16, 1998
6:00 p.m.
(immediately following the City Council meeting)
4
Council Chambers
Public Services Building
Joint Meetine of the Redevelooment Aaencv/Citv Council of the City of Chula Vista
1. ROLL CALL:
CALL TO ORDER
Agency/Council Members Moot _' Padilla _,
Rindone _. Salas _, and Chair/Mayor Horton_
ACTION ITEMS
The Items listed in this sectUJn of the agenda are expected fo elicit substantial discussions and deUberations by
the Agency, staff, or members of the general public. The Items win be considered illdividually by the Agency
and staffrecommendatlolls may in certain cases be presented ill the altematl.e. Those who wish to speak, please
fill out a "Request to Speak" form a.a/lable in the lobby and submit It to the Secretary to the Rede.elopment
Agency or the City Clerk prior to the meeting.
2. a) COUNCIL
RESOLUTION 19048
AGENCY
RESOLUTION 1589:
b) COUNCn..
RESOLUTION 19049
AGENCY
RESOLUTION 1590:
3. a) ORDINANCE 2734:
b) ORDINANCE 2735:
ADOPTING WRITTEN RESPONSE TO WRITI'EN OBJECTION
TO THE PROPOSED AMENDMENT OF THE BAYFRONT
REDEVELOPMENT PLAN-On 6/9/98. the Counci1IAgency approved
the Environmental Impact Report for the Town Centre I1Bayfront
Redevelopment Plan Amendments; and Council approved amending the
General Plan Land Use Designation for the Tidelands Property. The
first reading to adopt ordinances approving the redevelopment plan
amendments was postponed in order to respond to written comments
protesting the determination of blight in the Bayfront project area.
Staff recommends approval of the resolutions. (Director of Community
Development)
ADOPTING WRITTEN RESPONSE TO WRITTEN OBJECTION
TO THE PROPOSED AMENDMENT OF THE TOWN CENTRE
I REDEVELOPMENT PLAN
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN
AMENDMENT NO. 5 FOR THE BA YFRONT
REDEVELOPMENT PRO.JECTS--Staff recommends the ordinance
be placed on first reading. (Community Development Director)
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN
AMENDMENT NO. 5 FOR THE TOWN CENTRE I
REDEVELOPMENT PROJECTS--Staff recommends the ordinance
be placed on first reading. (Community Development Director)
4
RESOLUTION NO. 159
RESOLUTION OF THE REDEVELOPMENT AG NCY OF THE CITY OF
CHULA VISTA APPROVING A SEMI-EX LUSIVE . NEGOTIATING
AGREEMENT WITH CHRISMATT CORPORATION SA THE PIERI COMPANY
REGARDING DEVELOPMENT OF A MIXED US COMMERCIAL CENTER
PROPOSED AT THE NORTHWEST CORNER 0 THIRD AVENUE AND H
STREET
WHEREAS. provisions identifying the parcel (e.g. pproxlmately 4.1/2 acres at the northwest
corner of Third Avenue and H Street within Town Centre I Project ea) and suggesting conditions of blight on
the parcel (e.g. multiple ownerships/irregularlvacant parcels, unde tfllzed, etc.).
WHEREAS, the Agency desires to redevelop the site for purpOses of eliminating blight in
accordance with the Pian; and
WHEREAS. Chrismatt Corporation dba Pieri Compa y ("Developer"), has submitted a proposal
for a mixed USe commercial development which wouid include Ag ncy-owned property; and
WHEREAS. the Developer has requested an agreem nt with the Agency for the right to negotiate
a Disposition and Development Agreement; and
Wf-:EREAS, Community Redevelopment Law require the extension of Owner Participating Rights
to tenants currently located on the site.
NOW, THEREFORE, THE REDEVELOPMENT AGE CY OF THE CITY OF CHULA VISTA does
hereby approve a Semi-Exclusive Negotiating Agreement with Ch 'smatt Corporation for the development of
a mixed use commercial development at the norihwest corner of Third Avenue and "H" Street in the form
presented.
BE IT FURTHER RESOLVED that the Chairperson f the Redevelopment Agency is authorized
to execute said agreement in a final form approved by the Agency Attorney.
BE IT FURTHER RESOLVED that Redevelopment gency staff Is hereby directed to promptly
extend Owner Participation Rights to all qualified owners, tenants, and other property interest holders at the
project site In accordance with the requirements of state law and e Town Centre I Redevelopment Plan.
,
Presented by
~~~
Chris Salomone
Community Development Director
Resolution 1591
Page 2
4
PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA.
CALIFORNIA this 16th day of June, 1998 by the following vote:
AYES:
NOES:
Members Moot. Padilla, Rindone, Salas and Chair/Mayor Horton
None
ABSENT:
None
ABSTENTIONS:
None
AIw~~/1mZM
Shlrtey Ho n
Chairman
ATTEST:
~L,- ~~
Chris Salomone
Executive Secretary
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss:
CITY OF CHULA VISTA)
I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista, California 00
HEREBY CERTI FY that the foregoing is a full. true and correct copy of Resolution No. 1591 and that the same
has not been amended or repealed.
Dated: June 17, 1998
(jJ~ ~
Chris Salomone
Executive Secretary
4
MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT
AGENCY/CITY COUNCIL OF THE CITY OF CHULA VISTA
Tuesday, June 16, 1998
9:22 p.m.
Council Chambers
Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT:
Agency Members: Moot, Padilla, Rindone, Salas, and Chair
Horton
ABSENT:
Agency Members: None
ALSO PRESENT:
Executive Director, David D. Rowlandsl Legal Counsel,
John M. KahenYI City Clerk, Beverly A. Autheletl and
Deputy City Clerk, Charline Long
ACTION I'rEMS
2.a) COUNCIL RESOLUTION 19048 AND AGENCY RESOLUTION 1589: ADOPTING WRI~EN
RESPONSE TO WRI~EN OBJECTION TO THE PROPOSED AMENDMENT OF THE BAYFRONT
REDEVELOPMENT PLAN - On 6/9/98, the Council/Agency approved the Environmental
Impact Report for the Town Centre I/Bayfront Redevelopment Plan Amendmentsl and
Council approved amending the General Plan Land !Jse Designation for the Tidelands
Property. The first reading to adopt ordinances approving the redevelopment plan
amendments was postponed in order to respond to written comments protesting the
determination of blight in the Bayfront project area. Staff recommends approval
of the resolutions. (Director of Community Development)
b) COUNCIL RESOLUTION 19049 AND AGENCY RESOLUTION 1590: ADOPTING WRI~EN
RESPONSE TO WRI:lTEN OBJECTION TO THE PROPOSED AMENDMENT OF THE TOWN CENTRE I
REDEVELOPMENT PLAN.
Pam Buchan, Principal Community Development Specialist, stated that a letter from
San Diego County was received which raised several objections to the Bayfront
redevelopment plan amendment. In accordance with redevelopment amendment law,
whenever there is a written objection, the City has to respond in writing.
Staff has prepared a written response to the County and is recommending that City
Council adopt and authorize staff to forward the written response to the County.
Also, to adopt and approve Ordinances 2734 and 2735.
CXIllNCIL RI!:SOI1J'.rIQIS 19048, 19049, AND AGENCY RESOLtn'IctlS 1589 AND 1590 OFFERED BY
~YOR/CBAIR HORTON, hlladings read, texts waived. Resolutions approved nn.n;~\lsly 5-0.
3.a) ORDINANCE 2734. APPROVING AND ADOPTING ~HE REDEVELOPMENT PLAN AMENDMENT NO.
5 FOR ~HE BAYFRONT REDEVELOPMENT PROJECTS - Staff recommends the ordinance be
placed on first reading. (Community Development Director)
b) ORDINANCE 2735: APPROVING AND ADOP~ING THE REDEVELOPMENT PLAN AMENDMENT NO.
5 FOR THE ~OWN CENTRE I REDEVELOPMENT PROJECTS - Staff recommends the ordinance
be placed on first reading. (Community Development Director)
ORDINANCES 2734 AND 2735 PLACED ON FIRST READING BY MEMBER MOOT, headings read,
texts waived. Resoluitons approved unanimously 5-0.
4. AGENCY RESOLUTION 1591: APPROVING A SEMI-EXCLUSIVE NEGOTIATING AGREEMENT
WITH CHRISMA:IT CORPORATION DBA THE PIERI COMPANY FOR DEVELOPMENT OF A COMMERCIAL
ROA Minutes
June 16, 1998
Page 2
4
CEN'XER LOCATED AT THE NORTHWEST CORNER OF THIRD AVENUE AND "8" STREET - Chrismatt
has requested a Semi-Exclusive Negotiating Agreement for six months in order to
negotiate the purchase of Agency-owned properties, develop plans and secure
financing. The are under consideration consists of sixteen separate parcels
including four properties owned by the Agency. Staff recommends approval of the
resolution and to direct staff to extend owner Participation Rights within 30
days of the effective date of the agreement. (Community Development Director)
Pam Buchan, Principal community Development Specialist, stated that in April,
Chrismatt Corporation approached the City staff regarding a proposal for a major
commercial project at Third Avenue and H Street. To continue negotiations with
the Agency, since there is Ageney property involved, a semi-exclusive negotiation
agreement is recommended. This agreement provides a six-month negotiating
period to set out terms for a disposition and development agreement for the
acquisition or sale of Agency property; to discuss land costs, development plans,
and property owner's participation rights. It does not commit the Agency to
approve the project. Staff advised affected property owners of the meeting and
that a semi-exclusive negotiating agreement has been developed.
MAYOR/CHAIR HORTON OFFERED RESOLUTION 1591 beading read, text waived.
Resoluiton approved unanimously 5-0.
ORAL COMMUNICATIONS
None.
OTHER BUSINESS
5. DIRECTOR/CITY MANAGER'S REPORTlSI - none.
6. CHAIR/MAYOR'S REPORTlSI - none.
7. AGENCY/COUNCIL MEMBER COMMENTS - none.
ADJOURNMENT
The maeting adjourned at 9:30 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, city Clerk
BY:
4
CONSENT CALENDAR (Continued)
4. AGENCY RESOLUTION 1631, APPROVING A 180-DA Y EXTENSION TO THE
CHRISMATT SEMI-EXCLUSIVE NEGOTIATING AGREEMENT FOR THE
DEVELOPMENT OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF
TlllRD AVENUE AND H STREET
On June 16, 1998, the Agency approved a Semi-Exclusive Negotiation Agreement with the
Chrismatt Corporation for the development of property located at the northwest comer of
Third Avenue and H Street. Additional time will be necessary for staff to evaluate a financial
analysis of the project and negotiate terms and conditions for a Disposition and Development
Agreement for presentation to the Agency; therefore, an extension to the Semi-Exclusive
Negotiation Agreement is requested through December 17, 1999.
Staff recommendation: The Agency adopt theresolution. (Community Development Director)
5. AGENCY RESOLUTION 1632, APPROVING A DEFERRAL AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND THE OT A Y WATER DISTRICT FOR PAYMENT
OF DEVELOPER IMPACT FEES FOR THE VETERANS HOME PROJECT AND
AUTHORIZING PAYMENT OF THE FIRST INSTALLMENT OF $26,400
On April 27, 1999, the Agency approved a resolution to reimburse the State Department of
Veterans Affairs for development impact fees imposed by the Otay Water District for the
Veterans Home Project. At that time, the staffreport outlined the need to reimburse the State
and discussed the terms and conditions ofa deferral agreement to pay the balance over a ten-
year period.
Staff recommendation: The Agency adopt the resolution.
ACTION:
Chair/Mayor Horton moved to approve staff recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 4-0.
ORAL COMMUNICA TrONS
There were none.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
6. CONSIDERATION OF THE SALE OF SPACE 3 5 AT ORANGE TREE MOBILEHOME
PARK
AGENCY RESOLUTION 1633, AUTHORIZING THE COMMUNITY DEVELOPMENT
DIRECTOR TO EXECUTE APURCHASE CONTRACT AND RELATED DOCUMENTS
FOR SPACE 35 AT ORANGE TREE MOBILEHOME PARK
In November 1987, Orange Tree Mobilehome Park converted to resident ownership. The
Agency assisted the residents in purchasing their park. At that time, 29 residents did not wish
to purchase their spaces, and the Agency agreed to purchase them. The residents who did
not purchase their space remained as renters. The Agency's desire is to sell these spaces as
Page 2 - RDAlCouncil
d... d-.
06/22/99
4
MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY
AND THE CITY COUNCil- OF THE CITY OF CHULA VISTA, CAI.,IFORNlA
June 22, 1999
6:00 P.M.
An Adjourned Meeting of the Redevelopment Agency and the City Council ofthe City ofChula Vista
was called to order at 6:29 p.m. in the Council Chambers located in the Public SelVices Building, 276
Fourth Avenue, Chula Vista, California.
CALL TO ORDER
1. ROLL CALL:
PRESENT: Agency/Council Members Davis, Padilla, Salas and ChairlMayor Horton
ABSENT: Agency/Council Member Moot
ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney
Kaheny, Deputy City Clerk Griffin
CONSENT CALENDAR
(Items 2 - 5)
2. APPROVAL OF MINUTES of Joint Meeting of the City Council and Redevelopment
Agency of May 25, 1999
3. AGENCY RESOLUTION 1630 AND COUNCIL RESOLUTION 19504, APPROVING
THE AMENDED AND RESTATED AGREEMENT BETWEEN CITY OF CHULA
VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, AND
CHULA VISTA BA YFRONT CONSERVANCY TRUST FOR A LEASE, LOAN, AND
OPERATING AGREEMENT FOR THE CHULA VISTA NATURE CENTER; AND
AUTHORlZlNG THE MAYOR TO EXECUTE SAID AGREEMENT
The lease, loan and operating agreement for the Chula Vista Nature Center expired on July
25, 1997. Although a committee of the Bayfront ConselVancy Trust is continuing to work
with the City Attorney to make various substantive changes to the agreement requiring
additional research and discussion, some changes have been incorporated at this time which
selVe to re-establish the terms and conditions for the relationship between the parties in regard
to the lease, loan and operation of the Chula Vista Nature Center.
Staff recommendation: The Agency/Council adopt the resolution (Nature Center Director)
,='" - (
4
RESOLUTION 1631
RESOLUTION OF THE REDEVELOPMENT A ENCY OF THE CITY
OF CHULA VISTA APPROVING A 180-DAY TENSION TO THE
CHRISMAn SEMI-EXCLUSIVE NEGOTIATIN AGREEMENT FOR
THE DEVELOPMENT OF PROPERTY L CATED AT THE
NORTHWEST CORNER OF THIRD AVENUE ND H STREET AND
APPROVING TRANSFER OF FUNDS FOR LE AL SERVICES
WHEREAS, the current semi-exclusive negotiating ag eement (SENA) with the Chrismatt
Corporation for development of approximately 4.5 acres of pro erty located at the northwest corner
of Third Avenue and H Street will expire on June 16,1999; and,
WHEREAS, Agency staff is currently evaluating a finan iai analysis prepared for the project
and is in the process of negotiating with the Chrlsmatt Corp ration terms for a disposition and
development agreement; and,
WHEREAS, due to the anticipated complexity of the te ms of said agreement, Agency staff
and the Chrismatt Corporation agree that additional time is ne essary to complete evaluations and
document preparation; and,
WHEREAS, the Chrismatt Corporation has requested a extension of the subject SENA for
1aO-days through December 17, 1999 and Agency staff concurs with the request.
WHEREAS, the Agency has an approved list of profes ionals to provide financial and legal
services on a project-by-project basis, and Straddling Yocca Ca Ison and Rauth are included on said
list.
NOW, THEREFORE, BE IT RESOLVED that the Re evelopment Agency of the City of
Chula Vista does hereby grant a 180-day extension of the subject semi-exclusive negotiating
agreement between the Redevelopment Agency and the Chris att Corporation for the development
of approximately 4.5 acres of property located a Third Avenue a d H Street.
BE IT FURTHER RESOLVED that the Redevelopmen Agency of the City of Chula Vista
does hereby authorize transfer of $19,320 from Bayfront Pro ssional Services account to Town
Centre I Professional Services account to finance legal services to be provided by Straddling Yocca
Carlson and Rauth for the Chrismatt project.
Presented by:
~ S:Q;l\A_~
Chris Salomone
Director of Community Development
4
Resolution No. 1631
Page 2 of2
PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA, CALIFORNIA this 22nd day of June, 1999 by the following vote:
AYES:
Members Davis, Salas, Padilla and ChairlMayor Horton
NOES:
ABSENT:
ABSTENTIONS:
None
Moot
None
~~Ah~ Jt;f,.w.
Shirley Hort
Chairman
ATTEST:
~h~~
Chris Salomone -
Executive Secretary
STATE OF CALIFORNIA}
COUNTY OF SAN DIEGO} ss:
CITY OF CHULA VISTA}
I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista,
California DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No.
1631 and that the same has not been amended or repealed.
Dated: June 23, 1"999
~~
Chris Salomone
Executive Secretary
.' .
. i
5
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
AND A REGULAR MEETING OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
JUNE 6, 2000
4:00 p.m.
An Adjourned Regular Meeting of the City Council and a Regular Meeting of the
Redevelopment Agency of the City of Chula Vista were called to order by ChairlMayor Horton
at 4:40 p.m., in the Council Chambers, located in the Public Services Building, 276 Fourth
Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Agency/Council Members: Davis, Moot, Padilla, Salas, and ChairlMayor
Horton (Agency/Councilmember Salas arrived at 4:58 p.m.)
ABSENT: Agency/Council Members: None
ORAL COMMUNICATIONS
There were none.
CONSENT CALENDAR
(Items I thru 4)
ChairlMayor Horton noted that Consent Calendar Items #2 and #4 would be removed for
separate consideration.
1. APPROVAL OF MINUTES of September 21, October 5, October 12, October 19,
November 9, November 16, and November 30,1999
Staff recommendation: The Agency approve the minutes.
3. AGENCY RESOLUTION NO. 1669, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER
PARTICIPATION AGREEMENT WITH THE ORTIZ CORPORATION FOR THE
DEVELOPMENT OF A GARAGElWAREHOUSE AT 788 ENERGY WAY WITHIN
THE OT A Y V ALLEY ROAD REDEVELOPMENT PROJECT AREA
The Ortiz Corporation proposes to construct a 3,533 square-foot garage/warehouse at its
existing construction yard located at 788 Energy Way, which is within the boundaries of
the Otay Valley Road Redevelopment Project Area. The building will be used for minor
repair and maintenance of vehicles and for storage. The proposed land use is allowed
under the General Plan, the Otay Valley Road Redevelopment Plan, and the Zoning
Ordinance.
Staff recommendation: The Agency adopt the Resolution.
Page 1 - Council/RDA Minutes
06/06/2000
5
CONSENT CALENDAR (Continued)
ACTION:
Chair/Mayor Horton moved to approve staff recommendations and offered
Consent Calendar Items #1 and #3, headings read, texts waived. The motion
carried 4-0, with Councilmember Salas not yet present.
2. AGENCY RESOLUTION ADOPTING NEGATIVE DECLARATION IS-oo-13,
APPROVING COASTAL DEVELOPMENT PERMIT DRC-0038, AND APPROVING
AN OWNER PARTICIPATION AGREEMENT WITH JACK-IN-THE-BOX
INCORPORATED FOR THE DEVELOPMENT OF A GAS STATION WITH
CONVENIENCE STORE AND DRIVE-THRU RESTAURANT WITHIN THE
BA YFRONT REDEVELOPMENT PROJECT AREA
Jack-in-the-Box Incorporated proposes to construct a gas station, convenience store and
drive-through restaurant at the northeast comer of Bay Boulevard and J Street, which is
within the boundaries of the Bayfront Redevelopment Project Area. The proposed land use
is allowed under the General Plan and the Bayfront Specific Plan.
Staff recommendation: The Agency adopt the Resolution.
Mayor Horton expressed concerns about the amount of trash generated by this type of business
and asked whether language could be incorporated into the permit to require the owner or lessee
to make certain the area is regularly cleaned and maintained free of trash. She also expressed
concern with the proposed project design, stating that it should fit in with what is proposed to be
one of Chula Vista's signature developments. Staff responded by detailing the design structure
and proposed signage.
Mr. Carl Hoy, representing Jack-In-The-Box Incorporated, stated that the proposed design is
different than that of a regular Jack-In-The-Box, and an effort has been made to provide a design
that conforms to the present look of the bayfront. He also asked Council to approve the proposed
signage, once final approval has been received from the Design Review Committee.
Mayor Horton asked if a freeway sign could be placed by Caltraus as an alternative to the
proposed project signage. Staff responded that the applicant believed the project would be
dependent upon its own signage. Mayor Horton stated that she could not support the proposed
type of sign on the bayfront.
Councilmember Padilla asked how critical the sign was to the success of the project. Mr. Hoy
stated that he did not wish to sacrifice approval of the project as a whole because of the signage
issues. Staff also commented that the signage would be brought back for Council consideration
once approved by the Design Review Committee.
Councilmember Salas asked about the proposed project landscaping. Staff responded that the
project will have extensive landscaping, and the provisions of the landscape plan would be
forwarded to Council.
Page 2 - CouncillRDA Minutes
June 6, 2000
5
CONSENT CALENDAR (Continued)
Deputy Mayor Moot expressed concern about the type of proposed sign at a critical intersection
on the bayfront and felt its approval could create problems over the longer term.
Councilmember Padilla stated that the City should be selective about developments in the
bayfront area and that he would oppose any pole signs along the bay front. He also said that the
project and its signage should be considered at the same time and suggested that the sign issue be
resolved and then the whole project returned for Council consideration.
Councilrnember Davis was concerned that the project might be inappropriate for the area.
ACTION:
Councilmember Padilla moved to refer the project back to staff to be considered
along with the signage. Deputy Mayor Moor seconded the motion, and it carried
5-0.
4. AGENCY RESOLUTION NO. 1670, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA ADOPTING NEGATIVE
DECLARATION IS-00-12 AND APPROVING OWNER PARTICIPATION
AGREEMENT WITH THE MAIN SQUARE CORPORATION FOR THE
DEVELOPMENT OF AN INDUSTRIAL BUILDING LOCATED AT THE
SOUTHEAST CORNER OF MAIN STREET AND FOURTH AVENUE WITHIN THE
SOUTHWEST REDEVELOPMENT PROJECT AREA
The Main Square Corporation proposes to construct a 22,640 square-foot industrial
building at the southeast comer of Main Street and Fourth Avenue, which is within the
boundaries of the Southwest Redevelopment Project Area The building will be used for
the establishment of automobile repair shops.
Mayor Horton expressed support for revitalizing the area with new development but was
concerned about the type of businesses allowed. Staff responded that the project will be well-
designed and landscaped, and there will be no parking or work performed on the street.
ACTION:
Chair/Mayor Horton offered Agency Resolution No. 1670, heading read, text
waived. The motion carried 5-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
5. PUBLIC HEARING TO CONSIDER ADOPTION OF A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
AND GATEWAY CHULA VISTA LLC FOR THE PURPOSE OF DEVELOPING A
304,000 SQUARE-FOOT MIXED OFFICE AND RETAIL DEVELOPMENT AND
1,014-SPACEPARKING STRUCTURE, ENTITLED THE GATEWAY CHULA VISTA
PROJECT, ON A l6-PARCEL SITE AT THE NORTHWEST CORNER OF THIRD
AVENUE AND H STREET IN DOWNTOWN CHULA VISTA, WITHIN THE TOWN
CENTRE I REDEVELOPMENT PROJECT AREA
Page 3 - Council/RDA Minutes
June 6, 2000
~'--"'._~~--~'--'-',-,. _.,~-~ .... ~_.__.~ ...--.-,-.---- ~"
5
PUBLIC HEARINGS (Continued)
The corner of Third Avenue and H Street represents a unique redevelopment opportunity
that links the Third Avenue downtown shopping district with the South County
Government Center and the Chula Vista Shopping Center. In order to activate this
important location and strengthen the emerging Chula Vista office and retail market,
Agency staff has been negotiating with the development team for the Gateway Chula Vista
Project since June 1998, with the adoption by the Agency Board of a Semi-Exclusive
Negotiating Agreement (SENA) with the Chrismatt Corporation. The SENA was extended
for six months in June of 1999, with Gateway Chula vista LLC as the new development
entity, during which time the fmal terms of the business deal were negotiated. During the
past several months, the specifics of the Disposition and Development Agreement (DDA)
have been negotiated, including all aspects of the sale of Agency land and other terms and
conditions of the development proposal. [Community Development Director; continued
from the meeting of May 23, 2000]
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Community Development Director Salomone explained the proposed project to the Council and
audience.
ChairlMayor Horton opened the public hearing and asked if anyone from the audience wished to
speak. There was no response, and she closed the hearing.
ACTION:
ChairlMayor Horton offered the following Resolutions, headings read, texts
waived:
AGENCY RESOLUTION NO. 1671 AND COUNCIL RESOLUTION NO. 2000-
182, A JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (A)
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND
RELATED AGREEMENTS BETWEEN THE AGENCY AND GATEWAY
CHULA VISTA, LLC FOR THE DEVELOPMENT OF A MIXED-USED
COMMERCIAUOFFICE PROJECT AT THE NORTHWEST CORNER OF
THIRD AND H STREET; (B) MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH; (C) AUTHORIZING EXECUTION OF SAID
AGREEMENT; AND (D) APPROVING FUNDING OF THE PROJECT WITH
VAroOUSAGENCY SOURCES AND CDBGFUNDS
The motion carried (5-0).
OTHER BUSINESS
5
OTHER BUSINESS (Continued
7. CHAIR'S REPORTS
There were none
8. AGENCY MEMBER COMMENTS
There were none
ADJOURNMENT
At 6:30 p.m., Chair/Mayor Horton adjourned the City Council to an Adjourned Regular Meeting to
be held June 12, 2000, at 6:00 p.m., and the Redevelopment Agency to an Adjourned Regular
Meeting to be held June 13th, 2000 at 6:00 p.m.
Respectfully submitted,
-;;:::::----
Lorraine Bennett, Deputy City Clerk
Page 5 - CouncilfRDA Minutes
June 6, 2000
;ouncilman caHs ex.perience rewarding I As he departsl Moot cites amph...
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6
CQuncilman calls experience rewarding I As he departs. Moot cites amphitheater as
highlight of term
[6 Edmon}
The San DIago Union - Tribune - San Diego. Cain.
Author: Amy Oakes
Date: Nov 30, 2000
Start Page: R 1
Section: LOCAL
DocumentTypes: BIOG
Text Word Count: 742
..._.__..._____._._.. ,,-.--.-...-......-.-.----.-.-...----__..__.0...-----...-
DocumentT ext
, ." -...-.--......-.^.....-.--..-.---.-.-. ,--......."...- ....----.......--.-
CHULA VISTA __ The COors Amptlitheathre may seem like a success now, but several years ago, when a daveloper
proposed building the 20,000-seat venue, it raised quite a commotion.
The so-called "sex, drugs and rock 'n' roll opposition" fiercely rallied against the project, certain It would shatter the
tranquility of the community, recalls Councilman John Moot. But the city met the opposition with public forums and
discussions until most of the concerns were resolved.
And the amphitheater became a reality.
"It was one of the finest moments ofthe council," Moot said, reflecting on hiS six years as a member.
Moot leaves office Tuesday. His seat will be filled by former Councilman Jerry RIndone, who defeated challenger
Michael A. Diaz In a close November runoff.
Moot said he stepped down because he wanted to spend more time with his three sons, but he didn't rule out a return to
city government after they head off to collage. Until then, he'll devota his time to his family and return to full.time work
w\th the law firm Sullivan, Wertz, McDade and Wattace of San Diego.
nit's been a unique and rewarding experience," Moot said. "But there comes a time to move on to other things."
Moot leaves office as the city continues to grapple with population growth and potential commarclal development.
Several key projects toom, Including the private construction of the state Route 125 tollway, which would relieve traffic
congestion on the city's east side, and bay-front development, which is seen as a key to making Chula Vista a
destination point In the South County.
But Moot will take wllh him several key accomplishments -- and some touglllessons. Moot cites the amphitheater,
improvement of after-school programs, creation of a ragional power-buying pool and careful approach to the annual
budget as some of the highlights during his tenure.
Of course. there were some tense times, too,
Moot said his biggest ragret Is the division on the council after the Mng of City Attorney Bruce Boogaard in June 1996.
"It was a very difficult year to 10 months where the council was very divided on how to handle top management
decisions," Moot said.
That November, Moot narrowly won re-election. The race was so close that the winner was not known for several days.
Moot won by Jusl14 votes, despite last-minute efforts to unseat him.
Seemingly out of nowhere, retired Chuia Vista physician Ai Saiganlck pumped $49,000 of his own money Into an
independent effort to defaat Moot. Satganlck said recently that he supported Moot's opponent, Dennis Rowiey, out of
frustration with what he called Moofs arrogance.
Asked how he woutd rate Moot's past four years on council, Salganlck said, "t don't think ha's done anything."
But council membars and others teil a differant story.
COuncilwoman Patty Davis said her counteopar!, whom she sometimes referred to as "Landslide Moot" for his close
race, was very resourceful and applied his experience as an attorney to examining issues.
"I think he brought a great perspective to tha council," Davis said.
Mayor Shirley Horton said Moot could quickly synthesize information and make fair daclsions.
"He doesn't play porrtics," Horton said. "He feels obligated to do what's right for the community."
8114120072:02 PI
101'2
...._--...-....-...~._...._- ---...--
ouncilman calls experience i'ewarding I As be depalis. Moot cites amph...
6
nn:p:/lpqaSD.py.i:11l..;lHVl;;;j ,\..<U'U' OlO.LH.JH"5,_n.:n.tol <................_.". v .~ '" . _ __ ._u+-
Moot grew up in a political familYe When he was a teen-ager, he said, his father ran for mayor of Buffalo, N.Y.
"I had grown up in a family environment where publiC service and elected office were seen as good things," Moot said.
Moot served with several local organizations, including the Chula Vista Boys and Girls Club and the Eastlake Affordable
Housing task Force.
He was appointed to the council in 1994 to complete Horton's term after she was elected mayor. He had served four
years on the city's Planning Commission.
He says he has no desire to be a career politician but has told his council colleagues he's willing to offer any assistance
they request Horton has suggested that he remain the council's representative on the R13gional San Diego Power PooL
Moot says thare's more he would have liked to accomplish, but he realizes that another four years in office wouldn't
have made 8 difference.
"It's good to recognize when you've done all that you could do," he said,
[Illustration]
1 PIC; Caption: Retiring Chula Vista Councilman John Moot plans to spend more time with his sons, including Richard
(left) and Patrick. He stepped down after Six years In office.; Credit Peggy Peattie I Union-Tribune
Credit: STAFF WRITER
Reproduced with permission of the copyright owner. Further reprodllction 01' distribution is prohibited With(lut permission.
Abstract (Document Summary)
-....---. -.".-."-.......,,----., '"._.._.....,"~...-_. ..,.-. .
[John Moot] wiil take with him several key accomplishments - and some tough lessonse Moot cites the amphitheater,
improvement of after-school programs, creation of a regional power-buying pool and careful approach to tile annual
budget as some of the highlight$ during his tenure.
That November, Moot narrowly won re-election. The race was so close that the winner was not known for several days.
Moot won by just 14 votes, despite last-minute efforts 10 unseat him.
Seemingly out of nowhere, retired Chuia Vista physician AJ Salganick pumped $49,000 of his own money into an
independent effort 10 defeat Moot Salganick said recently that he supported Moot's opponent, Dennis Rowley, out of
frustration with what he called Moot's arrogancee
Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibIted without permission.
8il4/2007 2:02 PM
2012
6A
ORDINANCE NO. 2453
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS
2.28.020, 2.28.040, AND 2.28.050 OF CHAPTER 2.28 RELATING
TO THE BOARD OF ETHICS
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Sections 2.28.020, 2.28.040 and 2.28.050 of Chapter 2.28
of the Chula Vista Municipal Code are amended to read as follows:
Sec. 2.28.020 Application of Ordinance.
This Chapter shall apply only to members of the Chula Vista City Council,
City Manager, City Attorney, City Clerk, board members and commissioners,
as well as to ex-City officers who were subject to the Confl ict of
Interest Code.
Sec. 2.28.040 Fair and Equal Treatment.
No official subject to this Code. shall grant or make available to any
person any consideration, treatment, advantage or favor beyond that which
is the general practice to grant or make available to the public at large.
Sec. 2.28.050 Unethical Conduct.
1. General Policy. One of the highest callings is that of public
service. With that service comes a requirement to conduct oneself in
a manner above reproach, since the citizens of the community expect
and deserve a high standard of conduct and performance. This Code of
Ethics provides the following general guidel ines and specific
prohibitions to which City officials must conform in the pursuit of
their assigned duties and responsibilities.
a. All City officials should endeavor to fulfill their oblfgations
to the citizens of Chula Vista, city management and fellow
employees through respect and cooperation. They should strive to
protect and enhance the image and reputation of the City, its
elected and appointed officials, and its employees. All citizens
conducting business with the City shall be treated with courtesy,
efficiency and impartiality and none shall receive special
advantage beyond that available to any others. Officials shall
always be mindful of the public trust and confidence in the daily
exercise of their assigned duties, striving to conserve public
funds through diligent and judicious management.
6A
Ordinance No. 2453
Page 2
2.
Specific Prohibitions. City officials (including
commission, board and cOlll11ittee members) shall be considered
committed unethical conduct if any of the following occur:
a. Used one's position or title for personal gain but not found to
be an act of illegality or conflict of interest by the District
Attorney, Grand Jury or Fair Political Practices Commission.
nonpaid
to have
b. Knowingly divulge confidential information for personal gain or
for the gain of associates in a manner disloyal to the City.
c. Knowingly make false statements about members of the City Council
or other City employees that tend to di scredi t or embarrass,
those persons.
d. Used or permitted the use of City time, personnel, suppl i es,
equipment, identification cards/badges or facilities for
unapproved non-City activities, except when available to the
general public or provided for by administrative regulations.
e. No ex-City officer for a period of one year after leaving office
or employment, shall, for compensation, act as agent or attorney
for, or otherwise represent, any other person by makin~ any oral
or written communication, before any City administratlVe office
or agency, or offi cer or employee thereof, if the appearance or
communication is made for the purpose of influencing
administrative action, or influencing any action or proceeding
inVOlving the issuance, amendment, awarding, or revocation of a
permit, license, grant, or contract, or the sale or purchase of
goods or property.
f. Endorsed or recommended for compensati on any commerci al product
or service in the name of the city or in the employee I s offici al
capacity within the city without prior approval by a City Council
pol icy.
SECTIOll II: This ordinance shall take effect and be in full force on the
thirtieth day after its adoption.
Presented by
Approved as to form by
(." -7'" /.
"'-. . Y'~..c..._~...T. c.~~--.
Harrl et Ac on
Chairperson Board of Ethics
ILf'~
6A
Ordinance No. 2453
Page 3
PASSEO, APPROVED, and AOOPTED by the City Council of the City of Chula
Vista. California, this 23rd day of April, 1991, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council members: Malcolm, Moore, Nader, Rindone
Councilmembers: None
Councilmembers: None
Councilmembers: None
~A~vu..~<=-
Leonard M. Moore
Mayor, Pro-Tempore
AITEST:
- "p .
. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN OIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista. California, do
hereby certify that the foregoing Ordinance No. 2453 had its first reading on
April 16, 1991, and its second reading and adoption at a regular meeting of
said City Council held on the 23rd day of April, 1991.
Executed this 23rd day of April. 1991.
. 7 (, /-,
G...{ /' 1-~ ('/.,.
It '1Iif, "f,' ({'. I f!.u;(J ~Ef
Beverly /I. Authelet, City Clerk
6A
ORDINANCE NO. 2629
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 2.28.050 OF THE CHULA VISTA MUNICIPAL CODE
RELATING TO THE CODE OF ETHICS TO PROHBIT
EMPLOYMENT OF A FORMER CITY COUNCILMEMBER FOR A
PERIOD OF ONE YEAR AFTER LEAVING OFFICE
The City Council of the City of Chula Vista does hereby ordain as follows:
SECTION I: That Section 2.28.050 of the Chula Vista Municipal Code is hereby
amended to read as follows:
See. 2.28.050 Unethical Conduct.
A. General Policy. One of the highest callings is that of public service. With that service comes a
requirement to conduct oneself in a manner above reproach. since the citizens of the community
expect and deserve a high standard of conduct and performanee. This Code of Ethics provides the
following general guidelines and specific prohibitions to which City officials must conform in the
pursuit of their assigned duties and responsibilities.
1. All City officials should endeavor to fulfill their obligations to the citizens of Chula Vista,
city management and fellow employees through respect and cooperation. They should
strive to protect and enhance the image and reputation of the City, its eleered and
appointed officials, and its employees. All citizens conducting business with the City shall
be treated with counesy, efficiency and impartiality and none shall receive special
advantage beyond that available to any others. Officials shall always be mindful of the
public trust and confidence in the daily exercise of their assigned duties, striving to conserve
public funds through diligent and judicious management.
B. Specific Prohibitions. City officials (including non-paid commission, board and committee members)
shall be considered to have committed unethical conduct if any of the following occur:
1. Used one's position or title for personal gain but not found to be an act of illegality or
conflict of interest by the District Attorney. Grand Jury or Fair Political Practices
Commission.
2. Knowingly divulge confidential information for personal gain or for the gain of associates
in a manner disloyal to the City.
3. Knowingly make false statements about members of the City Councilor other City
employees that tend to discredit or embarrass, those persons.
4. Used or permitted the use of City time, personnel. supplies, equipment. identification
cards/badges or facilities for unapproved non-City activities, except when available to the
general public or provided for by administrative regulations.
5. No ex-City officer for a period of one year after leaving office or employment, shall, for
compensation, act as agent or attorney for, or otherwise represent,. any other person by
- ------, _. ~.__...- .'- ..--.-- ----.-------.--.-
Ordinance No. 2629
Page 2
6A
making any oral or written communication. before any City administrative office or agency,
or officer or employee thereof, if the appearance or communication is made for the purpose
of influencing administrative action. or influencing any action or proceeding involving the
issuance, amendment, awarding, or revocation of a perm~t. license. grant, or contract, or
the sale or purchase of goods or property.
6. Endorsed or recommended for compensation any commercial product or service in the
name of the city or in the employee's official capacity within the city without prior approval
by a City Council policy.
7. No member of the City Council shall be eligible. for a period of one year after leaving office.
for employment by, or be on the payroll of, or be a paid consultant or paid contractor to
the City. or ro any entity controlled by the City or the City Council ('Controlled Entities"),
or to any entity which receives a majority of its funding from the City or of its Controlled
Entities, except by the permission of the Council finding on 4/Stbs vote that special
identified and articulated circumsrances exist, cast at a regular public meeting taken after
the involved member of the City Council has left office.
SECTION II: This ordinance shall take effect and be in full force on the thirtieth day
from and after its adOPtion.
presen, and ~ppro7as to form ~y
I ~f~i \ " "
Bruce M. Boogaard
City Attorney
J
6A
Ordinance No. 2629
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of March, 1995, by the following vote:
AYES:
Councilmembers:
Fox, Moot, Padilla, Horton
NOES:
Councilmembers:
None
ABSENT:
Council members:
Rindone
ABSTAIN:
Councilmembers:
None
,/"/ . r'., i
Shirley H?rton, Mayor
ATTEST:
1 /-.A
,. /. fyJf-
Yi..tv.hL,p, i ( (I"./L .
Beverly . Authelet. City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Ordinance No. 2629 had its first reading on March 2 1, 1995, and its second
reading and adoption at a regular meeting of said City Council on the 28th day of March,
1995.
Executed this 28th day of March, 1995.
) /
/ f: :
\. "/(~t
.~~ { .f-.
Beverly . Authelet, City Clerk
4
6A
PUBLIC HEARINGS (Continued)
The corner of Third A venue and H Street represents a unique redevelopment opportunity
that links the Third Avenue downtown shopping district with the South County
Government Center and the Chula Vista Shopping Center. In order to activate this
important location and strengthen the emerging Chula Vista office and retail market,
Agency staff has been negotiating with the development team for the Gateway Chula Vista
Project since June 1998, with the adoption by the Agency Board of a ~~III..:mlIl~"\~
Jli!~%!~l!tIgg ~l1~~1l1 (SENA) with the Chrismatt Corporation. The SENA was extended
for six months in June of 1999, with Gateway Chula Vista LLC as the new development
entity, during which time the fmal terms of the business deal were negotiated. During the
past several months, the specifics of the Disposition and Development Agreement (DDA)
have been negotiated, including all aspects of the sale of Agency land and other terms and
conditions of the development proposal. [Community Development Director; continued
from the meeting of May 23, 2000]
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Community Development Director Salomone explained the proposed project to the Council and
audience.
Chair/Mayor Horton opened the public hearing and asked if anyone from the audience wished to
speak. There was no response, and she closed the hearing.
ACTION:
Chair/Mayor Horton offered the following Resolutions, headings read, texts
waived:
AGENCY RESOLUTION NO. 1671 AND COUNCIL RESOLUTION NO. 2000-
182, A JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (A)
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND
RELATED AGREEMENTS BETWEEN THE AGENCY AND GATEWAY
CHULA VISTA, LLC FOR THE DEVELOPMENT OF A MIXED-USED
COMMERCIAUOFFlCE PROJECT AT THE NORTHWEST CORNER OF
THIRD AND H STREET; (B) MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH; (C) AUTHORIZING EXECUTION OF SAID
AGREEMENT; AND (D) APPROVING FUNDING OF THE PROJECT WITH
V ARlOUS AGENCY SOURCES AND CDBG FUNDS
The motion carried (5-0).
OTHER BUSINESS
4
6A
Agenda
-2-
June 16, 1998
4. AGENCY
RESOLUTION 1591:
APPROVING A SEMI.EXCLUSIVE NEGOTIATING AGREEMENT
WITH CHRISMATI' CORPORATION DBA THE PIERI COMPANY
FOR DEVELOPMENT OF A COMMERCIAL CENTER LOCATED AT
THE NORTHWEST CORNER OFTIDRD A VENUE AND "H" STREET-
-Chrismatt has requested a Semi-Exclusive Negotiating Agreement for 6
months in order to negotiate the purchase of Agency-owned properties,
develop plans and secure financing. The area under consideration consists of
16 separate parcels including 4 properties owned by the Agency. Staff
recommends approval of the resolution and to direct staff to extend Owner
Participation Rights within 30 days of the effective date of the agreement.
(Community Development Director)
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within
the Agency's jurisdiction that is ~ nit Item on this agenda. (State law, however, generally prohibits the
Redel'elopment Agency from taking action on any issues not included on the posted agenda.) If you wisl, to
address the Agency on such a subject, please complete the "Request to Speak Under Oral ComtnUnicatlans Form"
available in the lobby and submiJ iJ to the Secretary to the Redevelopment Agetlcy Dr City Clerk prior to the
meeting. Those who wish to speak, please give your name alld address for record purposes andfollow up act/on.
OTHER BUSINESS
5. DIRECTOR/CITY MANAGER'S REPORTIS)
6. CHAIRIMAYOR'S REPORTISl
7. AGENCY/COUNCIL MEMBER COMMENTS
AD,JOURNMENT
The meeting will adjourn to a closed session and thence to a Special Joint Redevelopment Agency/City Council
Meeting on June 23, 1998 at 6:00 p.m., immediately following the City Council meeting, In the City Council
Chambers.
**1Il*****"*
Tuesday. June 16, 1998
6:00 p.m.
(inunediately following the City Cnuncil meeting)
fJA
Council Chambers
Public Services Building
Joint Meetin2 of the Redevelooment Aeencv/Citv Council of the Citv of Chuta Vista
I. ROLL CALL:
CALL TO ORDER
Agency/Council Members Moot_. Padilla_.
Rindone _' Salas _. and Chalr/Mayor Horton_
~CTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Agency, staff, or members of the general public. The items will be considered individually by the Agency
and staffrecommendatiolls may in certain cases be presented i'l the alternative. Those who wish to speak, plea.e
fill out a "Request to Speak" form available in the lobby and submit it to the Secretary to the Redevelopment
Agency or the City Clerk prior to the meeting.
2. a) COUNCIL
RESOLUI10N 19048
AGENCY
RESOLUI10N 1589:
b) COUNen.
RESOLUI10N 19049
AGENCY
RESOLUTION 1590:
3. a) ORDINANCE Z734:
b) ORDINANCE 2735:
ADOPTING WRITTEN RESPONSE TO WRITTEN OBJECTION
TO THE PROPOSED AMENDMENT OF THE BAYFRONT
REDEVELOPMENT PLAN-On 6/9/98, the Council/Agency approved
the Environmental Impact Report for the Town Centre I/Bayfront
Redevelopment Plan Amendments; and Council approved amending the
General Plan Land Use Designation for the Tidelands Property. The
first reading to adopt ordinances approving the redevelopment plan
amendments was postpOned in order to respond to written comments
protesting the determination of blight in the Bayfront project area.
Staff recommends approval of the resolutions. (Director of Community
Development)
ADOPTING WRITTEN RESPONSE TO WRITTEN OBJECTION
TO THE PROPOSED AMENDMENT OF THE TOWN CENTRE
I REDEVELOPMENT PLAN
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN
AMENDMENT NO. 5 FOR THE BA YFRONT
REDEVELOPMENT PROJECTS--Staff recommends the ordinance
be placed on first reading. (Community Development Director)
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN
AMENDMENT NO. 5 FOR THE TOWN CENTRE I
REDEVELOPMENT PROJECTS--Staff recommends the ordinance
be placed on first reading. (Commuuity Development Director)
4
R~ALUTION NO, 159
RESOLUTION OF THE REDEVELOPMENT AG NCY OF THE CITY OF
CHULA VISTA APPROVING A SEMI-EX LUSIVE . NEGOTIATING
AGREEMENT WITH CHRISMATT CORPORATION SA THE PIERI COMPANY
REGARDING DEVELOPMENT OF A MIXED US COMMERCIAL CENTER
PROPOSED AT THE NORTHWEST CORNER 0 THIRD AVENUE AND H
STREET
WHEREAS, provisions identifying the parcel (e,g, pproximately 4-1/2 acres at the northwest
corner of Third Avenue and H Street within Town Centre I Project ea) and suggesting conditions of blight on
the parcel (e.g. multiple ownerships/irregular /vacant parcels. unde tlllzed, etc,).
WHEREAS, the Agency desires to redevelop the site for purposes of eliminating blight in
accordance with the Plan; and
WHEREAS, Chrismatt Corporation dba Pieri Compa y ("Developer"), has submitted a proposal
for a mixed use commercial development which would include Ag ncy-owned property; and
WHEREAS. the Developer has requested an agreem nt with the Agency for the right to negotiate
a Disposition and Development Agreement; and
WEEREAS. Community Redevelopment Law require the extension of OWner Participating Rights
to tenants currently located on the site.
NOW, THEREFORE. THE REDEVELOPMENT AGE CY OF THE CITY OF CHULA VISTA does
hereby approve a Semi-Exclusive Negotiating Agreement with Ch 'smatt Corporation for the development of
a mixed use commercial development at the northwest corner of third Avenue and "H" Street in the form
presented.
BE IT FURTHER RESOLVED that the Chairperson f the Redevelopment Agency is authorized
to execute said agreement in a finar form approved by the Agency Attorney.
BE IT FURTHER RESOLVED that Redevelopment gency staff is hereby directed to promptly
extend Owner Participation Rights to all qualified owners, tenants, and other property interest holders at the
project site In accordance with the requirements of state iaw and e Town Centre I Redeveiopment Pian.
Presented by
~~,
Chris Salomone
Community Development Director
Approve as to form by
Resolution 1591
Page 2
4
6A
PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA,
CALIFORNIA this 16th day of June, 1998 by the following vote:
AYES:
NOES:
Members Moot, Padilla, Rindone, Salas and Chair/Mayor Horton
None
ABSENT:
None
ABSTENTIONS:
None
d1/A~';1jlotZM
Shirley Ho n
Chairman
ATTEST:
~L,- ~~
Chris Salomone
Executive Secretary
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) 55:
CITY OF CHULA VISTA)
I, Chris Salomone. Executive Secretary to the Redevelopment Agency of the City of Chula Vista. Caiifornia DO
HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No. 1591 and that the same
has not been amended or repealed.
Dated: June 17, 1998
~~
Chris Salomone
Executive Secretary
6A
MINUTES OF A JOINT MEEXING OF XIlE REDEVELOPMENT
AGENCY/CIXY COUNCIL OF THE CI~Y OF CHULA VIS~A
Tuesday, June 16, 1998
9,22 p.m.
Council Chambers
Public Services Building
CALL XO ORDI!:R
1. ROLL CALL.
PRESENX.
Agency Members, Moot, Padilla, Rindone, Salas, and Chair
Horton
ABSENT.
Agency Members, None
ALSO PRESENT,
Executive Director, David D. Rowlands; Legal Counsel,
John M. Kaheny; City Clerk, Beverly A. Autheletl and
Deputy City Clerk, Charline Long
ACXION ITEMS
2. a) COUNCIL RESOLUTION 19048 AND AGENCY RESOLUTION 1589. ADOPXING WRIXTEN
RESPONSE XO WRIXXEN OBJECXION XO TilE PROPOSED AMENDMENX OF THE BAYFRONT
REDEVELOPMEN~ PLAN - On 6/9/98, the Council/Agency approved the Environmental
Impact Report for the Town Centre I/Bayfront Redevelopment plan Amendments; and
Council approved amending the General Plan Land Use Designation for the Tidelands
Property. The first reading to adopt ordinances approving the redevelopment plan
amendMents was postponed in order to respond to written comments protesting the
determination of blight in the Bayfront project area. Staff recommends approval
of the resolutions. (Director of Community Development)
b) COUNCIL RESOLUTION 19049 AND AGENCY RESOLUTION 1590. ADOPXING WRIXTEN
RESPONSE XO WRI~EN OBJECXION XC Till!: PROPOSED AMENDMENT OF XIlI!: XCWN CENTRE I
REDEVELOPMENT PLAN.
Pam Buchan, Principal Community Development Specialist, stated that a letter from
San Diego County was received which raised several objections to the Bayfront
redevelopment plan amendment. In accordance with redevelopment amendment law,
whenever there is a written objection, the City has to respond in writing.
Staff has prepared a written response to the County and is recommending that City
Council adopt and authorize staff to forward the written response to the County.
Also, to adopt and approve Ordinances 2734 and 2735.
COUNCIL RESOImICftS 19048, 19049, J\ND AGENCY RESOLU'I'Il>>IS 1589 J\ND 1590 0........... BY
Ml\toR/CBAIR HORTON, headings read, texts waived. Resolutions approved nnan'mnus1y 5-0.
3. a) ORDINANCE 2734, APPROVING AND ADOPTING TilE REDEVELOPMENT PLAN AMENDMENT NO.
5 FOR XHE BAYFRONT REDEVELOPMENT PROJEC~S - Staff recommends the ordinance be
placed on first reading. (Community Development Director)
b) ORDINANCB 2735' APPROVING AND ADOPTING XIlE REDEVELOPMENT PLAN AMENDMENT NO.
5 FOR TilE TOWN CENTRE I REDEVELOPMENT PROJECTS - Staff recommends the ordinance
be placed on first reading. (Community Development Director)
ORDINANCES 2734 AND 2735 PLACED ON FIRST READING BY MEMBER MOOX, headings read,
texts waived. ResoluitoDs approved unanimously 5-0.
4. AGENCY RESOLUTION 1591, APPROVING A SEMI-EXCLUSIVE NEGOXIATING AGREEMENT
WIXIl CIlRISMATT CORPORATION DBA THE PIERI COMPANY FOR DEVELOPMENT OF A COMMERCIAL
RDA Minutes
Juns 16, 1998
Palle 2
6A
CENTER LOCATED AT THE NORTHWEST CORNER OF THIRD AVENUE AND "B" STREET - chriamatt
has requested a Semi-Exclusive Nellotiatinll Agreement for six months in order to
nellotiate the purchase of Agency-owned pJ:'operties, develop plans and secure
financing. The are under consideration consists of sixteen separate parcels
including four properties owned by the Agency. Staff recommends approval of the
resolution and to direct staff to extend owner Participation Rights within 30
days of the effective date of the agreement. (Community Development Director)
Pam Buchan, Principal community Development Specialist, stated that in April,
Chrismatt Corporation approached the City staff regarding a proposal for a major
commercial project at Third Avenue and H Street. To continue negotiations with
the Agency, since there is Agency property involved, a semi-exclusive negotiation
agreement is recommended. This agreement provides a six-month negotiating
period to set out terms for a disposition and development agreement for ths
acquisition or sale of Agency property; to discuss land costs, development plans,
and property owner's participation rights. It does not commit the Agency to
approve the project. Staff advised affected property owners of the meeting and
that a semi-exclusive negotiating agreement has been developed.
MAYOR/CHAIR HORTON OFFERED RESOLUTION 1591 beading read, text waived.
Resoluiton approved unanimously 5-0.
ORAL COMMUNICATIONS
None.
OTBER BUSINESS
5. DlREC~R/CITY MANAGER'S REPORTISI - none.
6. CHAIR/MAYOR'S REPORTISI - none.
7. AGENCY/COUNCIL MEMBER COMMENTS - none.
ADJOURNMENT
The meeting adjourned at 9:30 p.m.
Respectfully submitted,
BEVERLY A. AUTHELET, CMC/AAE, City Clerk
BY:
6A
CONSENT CALENDAR (Continued)
4. AGENCY RESOLUTION 1631, APPROVlNG A l80-DAY EXTENSION TO THE
CHRISMATT SEMI-EXCLUSIVE NEGOTIATING AGREEMENT FOR THE
DEVELOPMENT OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF
TlllRD AVENUE AND H STREET
On June 16, 1998, the Agency approved a Semi-Exclusive Negotiation Agreement with the
Chrismatt Corporation for the development of property located at the northwest comer of
Third Avenue and H Street. Additional time will be necessary for staff to evaluate a financial
analysis ofthe project and negotiate terms and conditions for a Disposition and Development
Agreement for presentation to the Agency; therefore, an extension to the Semi-Exclusive
Negotiation Agreement is requested through December 17, 1999.
Staffrecommendation: The Agency adopt the resolution. (Community Development Director)
5. AGENCY RESOLUTION 1632, APPROVING ADEFERRALAGREEMENTBETWEEN
THE CITY OF CmJLA VISTA AND THE OT A Y WATER DISTRICT FOR PAYMENT
OF DEVELOPER IMPACT FEES FOR THE VETERANS HOME PROJECT AND
AUTHORIZING PAYMENT OF THE FIRST INST ALLMENT OF $26,400
On April 27, 1999, the Agency approved a resolution to reimburse the State Department of
Veterans Affairs for development impact fees imposed by the Otay Water District for the
Veterans Home Project. At that time, the staff report outlined the need to reimburse the State
and discussed the terms and conditions ofa deferral agreement to pay the balance over a ten-
year period.
Staff recommendation: The Agency adopt the resolution.
ACTION:
ChairlMayor Horton moved to approve staff recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 4-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
6. CONSIDERATION OF THE SALE OF SPACE 35 AT ORANGE TREE MOBlLEHOME
PARK
AGENCY RESOLUTION 1633, AUTHORIZING THE COMMUNlTYDEVELOPMENT
DIRECTOR TO EXECUTE A PURCHASE CONTRACT AND RELATED DOCUMENTS
FOR SPACE 35 AT ORANGE TREE MOBILEHOME PARK
In November 1987, Orange Tree Mobilehome Park converted to resident ownership. The
Agency assisted the residents in purchasing their park. At that time, 29 residents did not wish
topurchase their spaces, and the Agency agreed to purchase them. The residents who did
not purchase their space remained as renters. The Agency's desire is to sell these spaces as
Page 2 - RDAlCouncil
,;2-.2..
06/22/99
6A
MINUTES OF AN ADJOURNED MEETING OF THE REDEVELOPMENT AGENCY
AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA
June 22, 1999
6:00 P.M.
An Adjourned Meeting of the Redevelopment Agency and the City Council ofthe City ofChula Vista
was called to order at 6:29 p.m. in the Council Chambers located in the Public Services Building, 276
Fourth Avenue, Chula Vista, California.
CALL TO ORDER
1. ROLL CALL:
PRESENT: Agency/Council Members Davis, Padilla, Salas and ChairlMayor Horton
ABSENT: Agency/Council Member Moot
ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney
Kaheny, Deputy City Clerk Griffin
CONSENT CALENDAR
(Items 2 - 5)
2. APPROVAL OF MINUTES of Joint Meeting of the City Council and Redevelopment
Agency of May 25, 1999
3. AGENCY RESOLUTION 1630 AND COUNCIL RESOLUTION 19504, APPROVING
THE AMENDED AND RESTATED AGREEMENT BETWEEN CITY OF CHULA
VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, AND
CHULA VISTA BA YFRONT CONSERVANCY TRUST FOR A LEASE, LOAN, AND
OPERATING AGREEMENT FOR THE CHULA VISTA NATURE CENTER; AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The lease, loan and operating agreement for the Chula Vista Nature Center expired on July
25,1997. Although a committee of the Bayfront Conservancy Trust is continuing to work
with the City Attorney to make various substantive changes to the agreement requiring
additional research and discussion, some changes have been incorporated at this time which
serve to re-establish the terms and conditions for the relationship between the parties in regard
to the lease, loan and operation of the Chula Vista Nature Center.
Staff recommendation: The Agency/Council adopt the resolution (Nature Center Director)
(~- (
4
6A
RESOLUTION 1631
RESOLUTION OF THE REDEVELOPMENT A ENCY OF THE CITY
OF CHULA VISTA APPROVING A 180-DAY TENSION TO THE
CHRISMATT SEMI-EXCLUSIVE NEGOTIATIN AGREEMENT FOR
THE DEVELOPMENT OF PROPERTY L CATED AT THE
NORTHWEST CORNER OF THIRD AVENUE ND H STREET AND
APPROVING TRANSFER OF FUNDS FOR LE AL SERVICES
WHEREAS, the current semi-exclusive negotiating ag eement (SENA) with the Chrismatl
Corporation for development of approximately 4.5 acres of pro erty located at the northwest corner
of Third Avenue and H Street will expire on June 16.1999; and,
WHEREAS, Agency staff is currently evaluating a finan ial analysis prepared for the project
and is in the process of negotiating with the Chrismatt Corp ration terms for a disposition and
deveiopment agreement; and,
WHEREAS, due to the anticipated complexity of the te ms of said agreement, Agency staff
and the Chrismatl Corporation agree that additional time is ne essary to complete evaluations and
document preparation; and,
WHEREAS, the Chrismatl Corporation has requested a extension of the subject SENA for
180-days through December 17, 1999 and Agency staff concurs with the request.
WHEREAS, the Agency has an approved list of profes lonals to provide financial and legal
services on a project-by-project basis, and Straddling Yocca Ca Ison and Rauth are Included on said
list.
NOW, THEREFORE, BE IT RESOLVED that the Re evelopment Agency of the City of
Chula Vista does hereby grant a 180-day extension of the subject semi-exclusive negotiating
agreement between the Redevelopment Agency and the Chris atl Corporation for the development
of approximately 4.5 acres of property located a Third Avenue a d H Street.
BE IT FURTHER RESOLVED that the Redevelopmen Agency of the City of Chula Vista
does hereby authorize transfer of $19,320 from Bayfront Pro~ ssional Services account to Town
Centre I Professional Services account to finance legal services to be provided by Straddling Yocca
Carlson and Rauth for the Chrismatl project.
Presented by:
~ s:~~_~
Chris Salomone
Director of Community Development
4
6A
Resolution No. 1631
Page 2 of 2
PASSED, APPROVED and ADOPTED BY THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA, CALIFORNIA this 22nd day of June, 1999 by the following vote:
AYES:
Members Davis, Salas, Padilla and ChairlMayor Horton
NOES:
None
ABSENT:
ABSTENTIONS:
Moot
None
AJAh~ Jt?fJl ~
Shirley Hart
Chairman
ATTEST:
~L~~
Chris Salomone -
Executive Secretary
STATE OF CALIFORNIA}
COUNTY OF SAN DIEGO} ss:
CITY OF CHULA VISTA}
I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista,
Califomia DO HEREBY CERTIFY that the foregoing is a full, true and correct copy of Resolution No.
1631 and that the same has not been amended or repealed.
Dated: June 23, 1999
~~
Chris Salomone
Executive Secretary
.' .
5
6A
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
AND A REGULAR MEETING OF THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
JUNE 6, 2000
4:00 p.m.
An Adjourned Regular Meeting of the City Council and a Regular Meeting of the
Redevelopment Agency of the City of Chula Vista were called to order by Chair/Mayor Horton
at 4:40 p.m., in the Council Chambers, located in the Public Services Building, 276 Fourth
Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Agency/Council Members: Davis, Moot, Padilla, Salas, and Chair/Mayor .
Horton (Agency/Councilmember Salas arrived at 4:58 p.m.)
ABSENT: Agency/Council Members: None
ORAL COMMUNICATIONS
There were none.
CONSENT CALENDAR
(Items 1 thru 4)
Chair/Mayor Horton noted that Consent Calendar Items #2 and #4 would be removed for
separate consideration.
1. APPROVAL OF MINUTES of September 21, October 5, October 12, October 19,
November 9, November 16, and November 30,1999
Staff recommendation: The Agency approve the minutes.
3. AGENCY RESOLUTION NO. 1669, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER
PARTICIPATION AGREEMENT WITH THE ORTIZ CORPORATION FOR THE
DEVELOPMENT OF A GARAGElWAREHOUSE AT 788 ENERGY WAY WITHIN
THE OT A Y V ALLEY ROAD REDEVELOPMENT PROJECT AREA
The Ortiz Corporation proposes to construct a 3,533 square-foot garage/warehouse at its
existing construction yard located at 788 Energy Way, which is within the boundaries of
the Otay Valley Road Redevelopment Project Area. The building will be used for minor
repair and maintenance of vehicles and for storage. The proposed land use is allowed
under the General Plan, the Otay Valley Road Redevelopment Plan, and the Zoning
Ordinance.
Staff recommendation: The Agency adopt the Resolution.
Page 1 - Council/RDA Minutes
06/06/2000
5 6A
CONSENT CALENDAR (Continued)
ACTION:
Chair/Mayor Horton moved to approve staff recommendations and offered
Consent Calendar Items #1 and #3, headings read, texts waived. The motion
carried 4-0, with Councilmember Salas not yet present.
2. AGENCY RESOLUTION ADOPTING NEGATIVE DECLARATION IS-OO-13,
APPROVING COASTAL DEVELOPMENT PERMIT DRC-0038, AND APPROVING
AN OWNER PARTICIPATION AGREEMENT WITH JACK-IN-THE-BOX
INCORPORATED FOR THE DEVELOPMENT OF A GAS STATION WITH
CONVENIENCE STORE AND DRlVE-THRU RESTAURANT WITHIN THE
BA YFRONT REDEVELOPMENT PROJECT AREA
Jack-in-the-Box Incorporated proposes to construct a gas station, convenience store and
drive-through restaurant at the northeast comer of Bay Boulevard and J Street, which is
within the boundaries of the Bayfront Redevelopment Project Area. The proposed land use
is allowed under the General Plan and the Bayfront Specific Plan.
Staff recommendation: The Agency adopt the Resolution.
Mayor Horton expressed concerns about the amount of trash generated by this type of business
and asked whether language could be incorporated into the permit to require the owner or lessee
to make certain the area is regularly cleaned and maintained free of trash. She also expressed
concern with the proposed project design, stating that it should fit in with what is proposed to be
one of Chula Vista's signature developments. Staff responded by detailing the design structure
and proposed signage.
Mr. Carl Hoy, representing Jack -In- The-Box Incorporated, stated that the proposed design is
different than that of a regular Jack-ln- The-Box, and an effort has been made to provide a design
that conforms to the present look of the bayfront. He also asked Council to approve the proposed
signage, once final approval has been received from the Design Review Committee.
Mayor Horton asked if a freeway sign could be placed by Caltrans as an alternative to the
proposed project signage. Staff responded that the applicant believed the project would be
dependent upon its own signage. Mayor Horton stated that she could not support the proposed
type of sign on the bayfront.
Councilmember Padilla asked how critical the sign was to the success of the project. Mr. Hoy
stated that he did not wish to sacrifice approval of the project as a whole because of the signage
issues. Staff also commented that the signage would be brought back for Council consideration
once approved by the Design Review Committee.
Councilmember Salas asked about the proposed project landscaping. Staff responded that the
project will have extensive landscaping, and the provisions of the landscape plan would be
forwarded to Council.
Page 2 - Council/RDA Minutes
June 6. 2000
5 6A
CONSENT CALENDAR (Continued)
Deputy Mayor Moot expressed concern about the type of proposed sign at a critical intersection
on the bayfront and felt its approval could create problems over the longer term.
Councilmember Padilla stated that the City should be selective about developments in the
bayfront area and that he would oppose any pole signs along the bayfront. He also said that the
project and its signage should be considered at the same time and suggested that the sign issue be
resolved and then the whole project returned for Council consideration.
Councilmember Davis was concerned that the project might be inappropriate for the area.
ACTION:
Councilmember Padilla moved to refer the project back to staff to be considered
along with the signage. Deputy Mayor Moor seconded the motion, and it carried
5-0.
4. AGENCY RESOLUTION NO. 1670, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA ADOPTING NEGATNE
DECLARATION IS-00-12 AND APPROVING OWNER PARTICIPATION
AGREEMENT WITH THE MAIN SQUARE CORPORATION FOR THE
DEVELOPMENT OF AN INDUSTRIAL BUILDING LOCATED AT THE
SOUTHEAST CORNER OF MAIN STREET AND FOURTH AVENUE WITHIN THE
SOUTHWEST REDEVELOPMENT PROJECT AREA
The Main Square Corporation proposes to construct a 22,640 square-foot industrial
building at the southeast comer of Main Street and Fourth Avenue, which is within the
boundaries of the Southwest Redevelopment Project Area The building will be used for
the establishment of automobile repair shops.
Mayor Horton expressed support for revitalizing the area with new development but was
concerned about the type of businesses allowed. Staff responded that the project will be well-
designed and landscaped, and there will be no parking or work performed on the street.
ACTION:
ChairlMayor Horton offered Agency Resolution No. 1670, heading read, text
waived. The motion carried 5-0.
ORAL COMMUNICATIONS
There were none.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
5. PUBLIC HEARING TO CONSIDER ADOPTION OF A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
ANDGATEWAYCHULA VISTA LLC FOR THE PURPOSE OF DEVELOPING A
304,000 SQUARE-FOOT MIXED OFFICE AND RETAIL DEVELOPMENT AND
1,014-SPACE PARKING STRUCTURE, ENTITLED THE GATEWAY CHULA VISTA
PROJECT, ON A 16-PARCEL SITE AT THE NORTHWEST CORNER OF THIRD
AVENUE AND H STREET IN DOWNTOWN CHULA VISTA, WITHIN THE TOWN
CENTRE I REDEVELOPMENT PROJECT AREA
Page 3 - Council/RDA Minutes
June 6, 2000
,~-~.". '-'--"~--~-_.....-,-_._...~._-~- -~~.__.~~ -,_.,~_._--_.~.
6A
PUBLIC HEARINGS (Continued)
The corner of Third Avenue and H Street represents a unique redevelopment opportunity
that links the Third Avenue downtown shopping district with the South County
Government Center and the Chula Vista Shopping Center. In order to activate this
important location and strengthen the emerging Chula Vista office and retail market,
Agency staff has been negotiating with the development team for the Gateway Chula Vista
Project since June 1998, with the adoption by the Agency Board of a Semi-Exclusive
Negotiating Agreement (SENA) with the Chrismatt Corporation. The SENA was extended
for six months in June of 1999, with Gateway Chula Vista LLC as the new development
entity, during which time the final terms of the business deal were negotiated. During the
past several months, the specifics of the Disposition and Development Agreement (DDA)
have been negotiated, including all aspects of the sale of Agency land and other terms and
conditions of the development proposal. [Community Development Director; continued
from the meeting of May 23, 2000]
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Community Development Director Salomone explained the proposed project to the Council and
audience.
Chair/MayoT Horton opened the public hearing and asked if anyone from the audience wished to
speak. There was no response, and she closed the hearing.
ACTION:
Chair/Mayor Horton offered the following Resolutions, headings read, texts
waived:
AGENCY RESOLUTION NO. 1671 AND COUNCIL RESOLUTION NO. 2000-
182, A JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA (A)
APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT AND
RELATED AGREEMENTS BETWEEN THE AGENCY AND GATEWAY
CHULA VISTA, LLC FOR THE DEVELOPMENT OF A MIXED-USED
COMMERCIAL/OFFICE PROJECT AT THE NORTHWEST CORNER OF
THIRD AND H STREET; (B) MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH; (C) AUTHORIZING EXECUTION OF SAID
AGREEMENT; AND (D) APPROVING FUNDING OF THE PROJECT WITH
V ARlOUS AGENCY SOURCES AND CDBG FUNDS
The motion carried (5-0).
OTHER BUSINESS
s6A
OTHER BUSlNESS (Continued
7. CHAIR'S REPORTS
There were none
8. AGENCY MEMBER COMMENTS
There were none
ADJOURNMENT
At 6:30 p.m., Chair/Mayor Horton adjourned the City Council to an Adjourned Regular Meeting to
be held June 12, 2000, at 6:00 p.m., and the Redevelopment Agency to an Adjourned Regular
Meeting to be held June 13th, 2000 at 6:00 p.m.
Respectfully submitted,
~
Lorraine Bennett, Deputy City Clerk
Page 5 - Council/RDA Minutes
June 6, 2000
"
6A
'-
FIRST A.lVIENDMENT TO
DISPOSITION AND DEVELOPMENT AGREEMENT
(Phase I of Gateway Project to Provide Bridge Loan)
This FIRST AMENDMENT TO DISPOSITION MiD DEVELOPMEl'.'T
AGREEMENT ("First Amendment") is entered into as of September 25,2001
CDate of First Amendment'') by and between the REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA, a public body corporate and politic ("Agency") and
GATEWAY CHUI.;A VISTA, LLC, a California limited liability company ("Developer").
A.. The Agency and the Developer are parties to that certain Disposition and
Development Agreement dated June 6, 2000 ("DDA").
B. The DDA relates to redevelopment, development, and operation of a phased
First Class, First Quality 344,000 square feet mixed-use commercial/office project with restaurant
and retail components and common areas, includinij a four-tier 1300 space parking structure that
spans all Phases of the Project; specifically the retail component will include up to 81,000 square feet
with a restaurant, deli, coffee shop, financial institution, and other retail uses, Phase I will include
102,237 square feet in a five story office tower at the easterly portion of the Site, Phase II will
include 125,000 square feet in a six story office tower, and Phase III will include 117,000 square feet
in a five story office tower at the westerly portion ("Project'').
~
C. Capitalized terms used in this First Amendment are defined and set forth in the DDA,
unless separately defined in this First Amendment, inclusive of the Attachments hereto.
D. The financial assistance to be provided by the Agency to Developer pursuant to the
DDA includes the Agency Participation to be paid in up to five (5) separate installment payments
with specific Conditions Precedent thereto, as set forth therein.
E. In particular for purposes of this First Amendment, the First InstaJlment Payment of
Agency Participation under the DDA includes (i) payment of up to $1,500,000.00, inclusive of
$200,000.00 as repayment for the fair market value of the Phase I Agency Parcels included in the
Phase I development, (ii) plus reimbursement for the costs of the Public Improvements pursuant to
the terms of the Reimbursement Agreement in an amount not to exceed $300,000.00, (iii) plus
reimbursement for fifty percent (50%) of the Phase I Permit Fees, the total of which is to be paid
after the Conditions Precedent to the First Installment Payment are satisfied,
F. Developer has requested the Agency provide an early disbursement of up to
$1,300,000.00 ofthe First In~tallment Payment of Agency Participation ("First Installment
Advance") to fill Developer's short-term cash flow needs pending securing and closing on the
Construction Financing.
G. The Agency desires to accommodate Developer's request by this First Amendment
and provide the First Installment Advance as an advance. of part of the First Installment Payment of
Agency Participation subject to the tetms and conditions herein set forth and specifically to the
Conditions Precedent to First Installment Advance, as hereinafter defined and set forth, thereby
-.....
Page I of 13
DOCS0C\84-14I9v9\24212.0002
6A
~
amending and modifying the timing of and Conditions Precedent to the First Installment Payment of
Agency Participation undenhe DDA and facilitating, in effect, a bridge loan from the Agency to the
Developer ("B ridge Loan"),
H. The Developer has selected, and by this first Amendment the Agency hereby
approves selection of, GMAC Commercial Mortgage Corporation ("GMAC") as the Construction
Lender providing the Phase I Construction Financing. Developer represents it has provided to the
Agency a true and complete copy of that certain "Application to GMAC Mortgage Corporation tor a
First Mortgage Construction Loan" dated July 20, 2001 ("Application") entered into between
Developer and GMAC. A true copy of such executed Application is attached hereto as Exhibit A
and fully incorporated by this reference. The Application contains a summary of the terms and
conditions to closing and funding a First Mortgage Construction Loan of$13.75 million for Phase I
of the Project ("Phase I Construction Loan" or "Construction Loan''). The Application also includes
the terms and conditions of the Commitment, as therein defined, under which GMAC'agrees to loan,
and Developer, as Borrower, agrees to borrow the funds necessary to continue and complete the
Phase I Improvements on the terms and conditions therein set forth.
\.-
I. Subject to the terms and conditions hereinafter set forth, the First Installment
Advance will be available only for payment of Qualified Project Advance Costs (as the term is
hereinafter defined) through direct disbursement by the Agency to the following contractors:
(i) Project general construction contractor, DPR Construction, Inc., a California corporation
("General Contractor" or "DPR") for the existing contract between the Developer and DPR for
construction of the Phase I Improvements ("Construction Contract"), (ii) the architect for the Phase I
Improvements: (iii) the civil engineering firm for !.he Phase I Improvements, collectively
"Approved Payees" and individually "Approved Payee"). .
J. The Bridge Loan of the First Installment Advance will be evidenced by a promissory
note executed by Developer, as maker, and the Agency, as holder, substantially in the form of the
Promissory Note Secured by Deed of Trust, attached as Exhibit C hereto and fully incorporated by
this reference ("Promissory Note").
K. The term of the Promissory Note and date payment of principal and accrued interest
is due (or alternatively, the Note otherwise cancelled as described therein) shall be as set forth in the
Promissory Note with the outside date to be thefirst to occur of (i) June 15,2002, or (Ii) the date
upon which all GMAC conditions are met and under which all funds necessary for the completion of
the construction of Phase I Improvements under the Building Loan Agreement for the Construction
Loan are available for full distribution upon Developer's submittal of a Construction Loan draw
request ("Construction Loan Full Funding Status").
L The Promissory Note will be secured by an insured first trust deed encumbering the
Phase I Developer Parcels subject only to non-delinquent taxes, the Redevelopment Plan, and such
other exceptions to title approved by Agency legal counsel in hislher sole and reasonable discretion.
The Deed of Trust shall be substantially in the form ofthe "Construction Deed of Trust with
Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing", attached as
Exhibit D hereto and fully incorporated by this reference ("Deed of Trust").
M. The Deed of Trust will further provide for a general assignment of rents, a specific
~ assignment of leases and rents, an assignment of contractual agreements affecting the Phase I Parcels
Page 2 ofI3
DOCS0C\844419v9\24212.0002
6A
'-
and Project by the Developer to the Agency, including assignment of architectural contracts for the
design and for construction of the Phase I Improvements, including the DPR contract between
Developer and DPR, as more fully described and defined in the Conditions Precedent to the
First Installment Advance. .
N. The Promissory Note wjll be further secured by a security agreement and financing
statements in conformity with the Uniform Commerdal Code ("UCC") to be executed by Developer
and filed with the appropriate County and/or State orltices. which UCC filing(s) shall create a first
lien on all personal property, fixtures, and equipment now or hereafter used in the operation of the
Phase I Parcels.
O. Developer will provide additional security and cause performance on one or more
capital calls or contributions to the Project by any and all Members of the Developer entity pursuant
to this First Amendment and pursuant to the terms of that certain "Capital Call Guaranty" executed
by each Member, substantially in the form of Exhibit E attached hereto and fully incorporated by this
reference, as a supplemental promise to pay the Capital Call Amount (as herein defined) in the event
that the Construction Loan Full Funding Status (as herein defined) with GMAC has not been
achieved by Developer on or before May 3 I, 2002.
P. The DDA, the First Amendment, along with each of the agreements/attachments
hereto and such other ancillary documents entered into between the Agency and Developer may be
collectively referred to as the "Bridge Loan Agreement" or the "Loan Agreement" and together as
the "Bridge Loan Documents" or the "Loan Documents." The Agency is also referred to in such
documents as "Lender" and the Developer is also referred to as "Borrower".
"'"
Q. The parties acknowledge that Parcel Map No. 18753 has been completed and was
filed in the Official Records, Office of the County Recorder, County of San Diego on July] 6,200 I.
NOW THEREFORE, in consideration of the foregoing recitals, which are a substantive part
of this First Amendment, the covenants and consideration contained and exchanged herein, Agency
and Developer agree as follows:
Section]. First Installment Advance; Bridge Loan. The Agency agrees to Joan to the
Developer, and the Developer agrees to borrow from the Agency, the sum of $],300,000 as a
Bridge Loan and advance of a portion of the First Installment Payment of Agency Participation,
herein the "First Installment Advance".
'---
(a) GMAC Letter. Developer shall cause GMAC to provide to the Agency and
Developer a separate representation letter, in a form reasonably satisfactory to the Agency's legal
counsel and the Executive Director ("GMAC Letter") which letter shall identify a schedule, and the
material outstanding conditions to the closing of the Phase 1 Construction Loan, and the conditions
by which Developer (as borrower) will achieve Construction Loan Full Funding Status. A true copy
of the GMAC Letter, when approved by GMAC and after review and approval by the Executive
Director, shall be attached hereto as Exhibit B and fully incorporated by this reference.
(b) Set Aside Account. The Agency agrees to set aside in a separate Agency account the
sum of $] .300,000 as the First Installment Advance. Such funds shall be earmarked for and
disbursed for the benefit of Developer in one or more installment-payments to Approved Payee(s) in
Page 3 of 13
OOC~0CI844419v9\24212_0002
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a cumulative amount 110tto exceed $1,300,000.00 subject to the terms and conditions hereof.
including the Conditions Precedent to First Installment Advance. .
(c) Qualified Project Advance Costs.. The First Installment Advance shall be disbursed
only for incurred Qualified Project Advance Costs and remitted to Approved Payees.
(i) The term "Qualified Project Advance Costs" shall include only hard and soft
costs incurred through and for work completed pursuant to the terms of the COntracts entered into
between the Developer and Approved Payees which costs shall directly pertain to construction
through completion qfthe Phase I Improvements. Qualified Project Advance Costs shall be reduced
by reimbursements, if any, received by the Developer from third parties, including for example
reimbursement by tenants. The term Qualified Project Advance Costs shall not include any other
items or costs defined or listed in the DDA as Project Costs and shall expressly exclude repayment or
payment ofany and all amounts advanced by, incurred, or owed to the Developer entity, including
any Member of the Developer entity, or any affiliate thereof.
(d) Draw Request. The First Installment Advance shall be made available only by the
Agency for direct disbursement to Approved Payees as payment on behalf of Developer under the
Construction Contract or other contract upon submittal by an Approved Payee of a complete draw
request evidencing amounts incurred, due, and payable for Qualified Project Advance Costs
("Draw Request").
'--
(i) Each Draw Request shall: (I) be on a form reasonably acceptable to Agency
and its legal counsel, (2) be prepared by an Approved Payee, (3) signed by an Approved Payee's
authorized representative(s), (4) evidence amounts incurred, due, and payable for Qualified Project
Advance Costs incurred under the an Approved Payee contract, (5) conform to the requirements of
the Construction Contract or other Approved Payee contract, and (6) be approved by Developer, as
evidenced by the signature of the Chairman Manager of the Developer entity on each Draw Request.
(A) The execution by beveloper of any Draw Request shall serve as'
conclusive evidence of Developer's unconditional approval of'such Draw Request, and Developer
knowingly waives any legal right to claim the Agency should not have made such payment.
(e) Promissory Note. The Bridge Loan of the First Installment Advance shall be
evidenced by the Promissory Note executed by duly authorized Members of the Developer entity.
The terms of the Promissory Note shall include, without limitation, (i) interest shall commence to
accrue on January 15, 2002 at the rate often percent (10%) per annum simple interest until principal
and interest paid in full; (ii) the full principal balance and accrued interest shall be due on the first to
occur of (A) June 15,2002 or (B) the date Developer achieves Construction Loan FuJI Funding
Status; (iii) in the event the Construction Loan closes, the Construction Loan Full Funding Status is
achieved, and the full proceeds thereof are available to be disbursed for the Project, then the Note
will be cancelled and Deed of Trust reconveyed.
(f) Capital Call Guaranty. Developer acknowledges and agrees in addition to the
Promissory Note it shall cause each of the Members ohhe Developer entity in their separate capacity
to execute and enter into the Capital Call Guaranty by which each Member, jointly and severally,
shall agree to make a specific cash capital contribution to the Project ("Capital Call") under certain
terms and conditions. Said Capital Call Guaranty shall be a supplemental promise by each Member,
~
Page 4 of 13
DOCS0C\844419v9\24212.0002
6A
\....
jointly and severally, .to pay the Capital Call Amount (hereinafter defined) in the event the Developer
has not achieved Construction Loan Full Funding Status on or before May 3 1,2002.
(i) Developer shall cause each Member of the Developer entity under the
Capital Call Guaranty to agree, jointly and l;everally, as Guarantor thereunder, to unconditionally and
irrevocably guarantee and promise to pay to the Agency, as Lender, on demand, in lawful money of
the United States, in immediately available funds, on or before 5:00 p.m. PDT on June], 2002 the
principal sum of the Capital Call Amount. The Capital Call Amount shall be either (A) the amount
of cash that is owing and necessary to establ ish a "breakeven" level of net operating income for
Phase I of the Project, and to pay all other costs or amounts owed, as determined pursuant to the
terms of the GMAC Commitment, the GMAC Lett~r, and other Construction Loan documents, in
order to achieve Construction Loan Full Funding Status presuming the facts described in subsection
(ii) below, or (B) the repayment of the Initial Advance Installment, as further set forth in subsection
(iii) below ("Capital Call Amount").
~
(ii) The Agency agi-ees that in the event the Capital Call Amount is due from
Guarantor under the Guaranty to achieve ConstructiPn Loan Full Funding Status, the Agency shall
either (A) direct Guarantor to directly pay GMAC (or other approved Construction Lender) to
achieve Construction Loan Full Funding Status, or (B) if such funds are paid by Guarantor to the
Agency, then Agency shall disburse such amount to GMAC (or other approved Construction Lender)
to achieve the Construction Loan Full Funding Status. Therefore, under the terms of the Capital Call
Guaranty to the extent the GMAC Construction Loan Full Funding Status has not been achieved on
or before May 31. 2002, and the GMAC Commitment has not expired and/or the Construction Loan
has closed but not fully funded, nor have such commitments been rescinded or otherwise cancelled
and are still pending, and payment of the Capital Call Amount is the only remaining condition to be
satisfied to achieve Construction Loan Full Funding Status and cause such Construction Loan to be
available for full disbursement of loan proceeds, and provided the Developer is not in default under
the DDA and First Amendment and all other Bridge Loan Documents, the Agency will cause the full
amount of the Capital Call payment paid by the Guarantor to be remitted to GMAC or other
Construction Lender in such way as to cause the Construction Loan to close and fund.
(iii) To the extent the Construction Loan Full Funding Status has not been
achieved on or before May 31, 2002 and the GMAC Commitment and/or the Construction Loan has
expired, or otherwise been rescinded or otherwise cancelled, and no other pcrmitted Construction
Lender is in place to fully fund the Construction Financing for the Phase I Improvements by such
date to evidence Construction Loan Full Funding Status, then the Capital Call Amount shall be the
full amount of the Initial Advance Installment ($1.300,000) plus interest at the Interest Rate defined
in the Promissory Note, if any, accrued thereunder. Such amount shall be payable in full by
Guarantor under the terms of the Capital Call Guaranty.
(g) Deed of Trust. The Promissory Note shall be secured by an insured first lien
Deed of Trust recorded against the Phase I Developer Parcels in the Official Records, County of
San Diego.
(h) Lender's Policy of Title Insurance. Concurrently with the recordation ofthc
Deed of Trust securing the Bridge Loan for Phase I, United Title Company (as underwritten by
Chicago Title, together the "Title Company"), or such other title insurance company as may be
~ mutually approved by the Agency and Developer, shall provide, issue, and deliver to the Agency a
Page 5 of J3
DOCSOC\8444 19v9\242 12.0002
6A
'-
lender's policy of title insurance with such endorsement(s) as reasonably required by the Agency'
legal counsel insuring that the security interest in Phase I Developer Parcels and Phase I
Improvements is vested in the Agency in the condition required by this First Amendment. Developer
shall cause the Title Company to provide to the Agency an original of the lender's policy title
insurance, inclusive of all endorsements. The lender's policy of title insurance shall be in the amount
of the Bridge Loan ($1,300,000). Said lender's policy shall evidence the Deed ofTrust is a first lien
on Phase I Developer Parcels free and clear of financial encumbrances, mechanics liens, and other
exceptions to title reasonably required by Agency legal counsel and demanded to be cleared from
title in connection with and as a condition to providing the Bridge Loan. All costs incurred for or
related to such title insurance and clearance of exceptions shali be borne solely by the Developer.
(i) UCC Financing Statements. As further security and as a part of the Deed of Trust,
Developer shall execute and deliver the necessary VCC security agreement(s) and financing
statement(s) creating a first lien on all personal property, fixtures, and equipment now or hereafter
used in the operation of the Phase I Parcels. Developer shall furnish continuation statements at
required intervals. Agency shall receive satisfactory evidence that its lien on all Phase I personal
property, fixtures, and equipment is a first and prior lien. In connection with the VCC filing and as
an ongoing obligation hereunder, Developer shall furnish to Agency a detailed schedule of all such
personal property, fixtures, and equipment related to the Phase I Parcels and/orthe Phase I
Improvements. Such schedule shall be updated not less than bi-monthly by the Developer.
'"'-
G) DPR Performance Guaranty. Developer shall cause DPR to execute the
Performance Guaranty, substantially in the form of Exhibit F attached hereto and fully incorporated
by this reference. The Performance Guaranty shall evidence the commitment and contractual
obligation ofDPR to perform under and complete performance under the terms of the Construction
Contract, subject to the provisions thereof which tequire timely payment to DPR for such continued
performance. '
(k) Assignment of Construction Agreements. Developer shall enter into and execute
(and shall cause its contractors to enter into and execute) the Assignment of Construction
Agreements. substantially in the form of Exhibit G attached hereto and fully incorporated by this
reference. The Assignment of Construction Agreements shall cause automatic assignment of any and
all outstanding agreements relating to the planning, design, or construction of the Phase I
Improvements in the event Construction Loan Full Funding Status is not timely achieved and
Developer fails to cause the Capital Call to be made by one or more Members of the Developer
entity.
(I) Assignment of Architectural Agreements and Plans and Specifications.
Developer shall enter into and execute (and shall cause its contractors to enter into and execute) the
Assignment of Architectural Agreements and Plans and Specifications, substantially in the form of
Exhibit H hereto and fully incorporated by this reference. The Assignment of Architectural
Agreements and Plans and Specifications shall cause automatic assignment of the working drawings,
construction plans and specifications, architectural agreements and documents relating to the
architecture and plans and specifications for the Phase I Improvements in the event Construction
Loan Full Funding Status is not timely achieved and Developer fails to cause the Capital Call to be
made by one or more Members of the Developer entity.
~
DOCSDa8444 1 9v9I242 12.0002
Page 6 of 13
6A
.~
Section 2. Conditions Precedent to First Installment Advance. The First Installment
Advance shall be paid by the Agency to the Developer (as disbursed directly to each
Approved Payee) within five (5) days of the Developer's satisfaction of all the following
"Conditions Precedent to First Installment Advance":
(a) Developer shall open an escrow with the Title Company for the Bridge Loan
("Escrow) and an Escrow officer shall be assigned to carry out the terms of this Bridge Loan subject
to mutually agreeable escrow instructions ("Escrow Officer").
(b) True yopies of the fully executed GMAC Application and the GMAC Commitment
shall have been delivered to the Agency Executive 9irector.
(c) The approved GMAC Letter shall be in place, as evidenced by a duly executed
original having been delivered to the Agency Executive Director and appended to this First
Amendment.
'-
(d) The GMAC Commitment and the G!l.1AC Letter together evidence the specific
outstanding conditions to closing the GMAC Construction Loan and thereafter the Developer
achieving Construction Loan Full Funding Status by December 31,200] (or such other date specified
by GMAC or other Construction Lender, but in no event beyond June 15,2002.) Further, assuming
the Construction Loan timely closes pursuant to the GMAC Commitment, then the only condition to
Developer achieving ConStruction Loan Full Funding Status shall be that Developer provide
evidence of executed leases with tenants for space in the Phase I Improvements, which leases
(along with all previously reviewed and approved tenant leases) cumulatively provide GMAC with a
"breakeven" level of net operating income for the Project, Le., Developer achieving Construction
Loan Full Funding Status on or before June 15, 2002.
(e) Developer shall have executed and delivered to Escrow the Promissory Note.
substantially in the form of Exhibit C duly executed by the Chairman Manager and the other
Manager, as those terms are defined in that certain Amended and Restated Operating Agreement
dated April 24,2000, as amended by the First Amendment to Amended and Restated Operating
Agreement dated November I, 2000, and the Second Amendment to Amended and Restated
Operating Agreement March 26, 2001 (collectively "LLC Operating Agreement").
(f) Developer shall have duly executed and delivered the "Construction Deed of Trust
with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing",
substantially in the form of Exhibit D, ready for recording in the Official Records, County of
San Diego, as a first lien against the Phase I Developer Parcels. As a pan thereof, Developer shall
have duly executed and delivered the VCC security agreement(s) and financing statement(s), creating
a first lien on all personal property, fixf\lres, and equipment now or hereafter used in the operation of
the Phase I Parcels.
(g) The Title Company shall be ready to issue to tbe Agency the lender's policy oftitle
insurance required bereunder, including all requested endorsements.
(h) Developer shall have caused each Member ohhe Developer entity to have executed
and delivered to Escrow the Capital Call Guaranty, substantially in the form of Exhibit E.
~
Page 7 of 13
DOCSQCl844419v9\24212.0002
6A
'-- (i) Developer shall have caused DPR to have duly executed and delivered to Escrow the
Performance Guaranty, substantially in the form of Exhibit F.
G) Developer shall have caused its contractors to execute and Developer shall have duly
executed and delivered to Escrow the Assignment of Construction Agreements, substantiaJly in the
form of Exhibit G.
(k) Developer shall have caused its contractors to execute and Developer shall have duly
executed and delivered to Escrow the Assignment of Architectural Agreements and Plans and
Specifications, subst!jfltially in the form of Exhibit H.
(1) Developer has acquired, obtained fee title for, and closed escrow on the Phase II
DevelDper Parcels.
(m) TIle Developer shall have submitted to the Agency Executive Director and for review
by the Agency's eCDnomic consultant an updated, cDmplete, and true copy of the Developer's current
pro forma line item Project Costs budget for the Phase I Improvements, as submitted to GMAC in
connection with the Application, the Commitment, and the GMAC Letter. The Developer represents
to the Agency that such submittal will be, and shall be, substan'tially comparable in amounts and
categDries of Project Costs for the Phase I Improvements as the prior submittal(s) relating tD Phase I
which were attached to the DDA and/or submitted to and on file with the Executive Director.
~
(n) Developer shall have provided tD the Agency Executive Director a complete copy of
the CDnstruction Contract between the Developer and DPR for the construction of the Phase I
ImprDvements, certified by the Developer to be a true and correct copy thereof, and copies of all
other contracts relating to the cDnstruction Df the Phase I Improvements, including withDut limitation
the architect's contract.
(0) Developer shall not be in Default of this Agreement, including but without limitation,
compliance with applicable times for performance as set fonh in the Schedule of Performance, and
all representations and warranties of the DeveloP1r contained herein shall be true and correct in all
material respects.
(p) With the exception of the parking garage building permits, all other development and
building approvals and permits for the Phase I Improvements shall have been issued (or are ready to
issue upon payment of the applicable permit fees) by the City, the Agency, and any other
governmental agencies withjurisdictiDn over the Phase I Improvements and Phase I Parcels required
for the Developer to cDntinue construction through completion of the Phase I Improvements on the
Phase I Parce Is.
(q) The insurance,cenificates conforming to Section 1304 of the DDA shall be up to date
and in place.
Section 3. Developer CDvenant Re EffDrts to Achieve Construction Loan Full Funding
Status before June 15, 2002. As a material and ongoing prDvision of this First Amendment,
Developer hereby covenants and agrees it shall; (a) abide by the GMAC Application and Gl'vlAC
Commitment, (ii) take all reasonable and necessary steps toward closing the ConstructiDn Loan,
..... (iii) in the event the GMAC Commitment expires to take all reasonable and necessary steps to apply
DOCSOC\8444I9v9\24212.0002
Page 8 of 13
6A
'-
for and obtain either a.n extension of the GMAC Commitment or other Construction Financing;
(iii) cause the Chairman Manager, the other Manager, and all Members of the Developer entity LLC,
as applicable and required by GMAC, to timely review, approve, and sign all documents necessary to
close the GMAC Construction Loan, or close other Construction Financing, for Phase I of the Project
as soon as possible and as reasonably practicable, all in order for Developer to timely achieve
Construction Loan Full Funding Status on or before June 15,2002.
Section 4. Amended and Restated Conditions Precedent to First Installment Advance.
Due to the payment of the First InstalllT1ent Advance it is necessary that the parties amend and restate
the Conditions Preceflent to the First Installment Advance set forth Section 802.] of the original
DDA. Section 802.] is hereby amended and restated by this First Amendment as follows:
"Section 802.1 Conditions Precedent to First Installment Payment of Agency
Participation. The First Installment Payment of the Agency Participation, less the full amount of the
First Installment Advance disbursed to the Developer through the Approved Payees pursuant to the
First Amendment, shall be paid by the Agency to the Developer within thirty (30) days of the
Developer's satisfaction of all of the following Conditions Precedent to the First Installment Payment
of Agency Participation.
(a) As to the proceeds necessary for the First Installment Payment of Agency
Participation, the Agency acknowledges that the following condition has been satisfied.
'""
(i) The Agency and/or the City shall have received sufficient proceeds from the
DDA Financing or other Agency Indebtedness necessary to meet the Agency's financial obligations
to the Developer hereunder for the First Installment Payment of Agency Participation, the Second
Installment Payment of Agency Participation, and the Third Installment Payment of Agency
Participation. The Agency and Developer expressly and knowingly agree that the issuance of such
DDA Financing or other Agency Indebtedness (whether pre- or post- Date of Agreement) is
necessary for the Agency to meet such financial obligations to the Developer hereunder, in particular
payment of the specified Agency Participation installment payments.
(b) The Phase I Conveyance shall have occurred as evidenced by the close of Escrow for
the Phase I Conveyance and Developer holding fee title to all Phase I Parcels.
(c) The Agency acknowledges that the following condition has been satisfied.
(i) Developer has acquired, obtained fee title for, and closed escrow on the Phase
II Developer Parcels.
(d) The Developer shall have submitted to the Agency Executive Director and for review
by the Agency's economic consultant a true copy of the most current and updated version (as of the
date the Developer achieved Construction Loan Full Funding status) of Developer's pro forma line
item Project Costs budget for the Phase I Improvements, inclusive of the Public Improvements (ifthe
Agency has so elected for the Developer to construct such improvements and inclusive of the scope
of such Public Improvements in Phase !, as approved by the City Engineer in hislher sole discretion)
as submitted to GMAC, Developer's approved lender for the Construction Financing for the Phase I
Improvements. The Developer represents to the Agency that such submittal shall and will be the
~
Page 9 of 13
DOCS0C\844419v9\24212.0002
6A
substantially comparaj:>le in amounts and categories of Project Costs as the Base Pro Forma for
"- Phase I as is on file and attached to the original DDA.
(e) True copies of the most current and updated Baise Pro Forma for Phase I and the
Base Pro Forma for Phase II are on file with the Agency Executive Director.
(f) Developer achieved Construction Loan Full Funding Status and the Construction
Loan fully funded priorto'June 15.2002.
(g) The Agency acknowledges that the following condition has been satisfied by
Developer obtaining the Performance Guaranty of DPR and complying with the other terms and
provisions of the First Amendment relating to the Construction Contract.
(i) Developer shall provide the Agency Executive Director a copy of the contract
between the Developer and one or more general contractors for the construction of the Phase I
Improvements, certified by the Developer to be a true and correct copy thereof, and a copy of one or
more general contractor's performance bond(s) for the completion of the work for such Phase, and
such bond(s) shall include the City and Agency named as beneficiaries ancl/or additional insureds, as
reviewed and approved by Agency legal counsel. All surety bpnds shall be issued by a surety
company admitted in California and such company(ies) shall nave an "A-V" or better rating.
(h) The Agency acknowledges that the following condition has been satisfied.
(i) Parcel Map No. 18753 for the Project was recorded in the Office of the
...... Recorder of the County of San Diego on July] 6,200].
(i) The Agreement Affecting Real Property has been recorded against the Phase] Parcels
in a position superior and non-subordinate to all monetary liens and other encumbrances as required
hereunder.
G) The Developer shall not be in Default of this Agreement, including but without
limitation, compliance with applicable times for J:jerfonnance as set forth in the Schedule of
Performance, and all representations and warranti)es of the Developer contained herein shall be true
and correct in all material respects.
(k) All development and building approvals and permits for the Phase I Improvements
shall have been issued by the City. the Agency, and any other governmental agencies with
jurisdiction over the Phase I Improvements and Pl1ase I Parcels required for the Developer to
commence construction of the Phase I Improvements on the Phase I Parcels, including permits
necessary for the parking garage improvements. The Developer acknowledges that completion of
and City approval of grading improvements and Jot certifications are required by the City Engineer as
a standard condition to issuance of a building permits for the Phase I Improvements.
(1) The insurance certificates confonning to Section J 304 of this Agreement shall be up
to date and in place.
(m) The following condition is hereby deleted.
--.
Page 10 ofl3
DOCS0C\844419v9\24212.0002
6A
(i) . The Developer shall have submined evidence reasonably satisfactory to the
'""" Agency that the Developer has obtained executed leases to occupy cumulatively not less than fifty
percent (50%) oftbe gross leaseable area (inclusive of an up to 13% load factor) of the Phase I
Improvements office space, all with good credit tenants and meeting the tenant qualifications set
forth in Section 1000. er seq. I
(n) The following condition is hereby deleted.
(i) Developer shall have provided evidence reasonable satisfactory to the Agency
Executive Director of pre-leasing leners of interest on not less than twenty-five percent (25%) of the
Phase II gross leaseable office space (inclusive of an up to 13% load factor) with prospective good
credit tenants and meeting the tenant qualifications set forth herein.
Section 5. Execution in Connterparts. This First Amendment and each of the attachments
may be executed in any number of counterparts, each of which, when executed amI delivered to the
escrow officer, will be deemed to be an original and all of which, taken together, will be deemed to
be one and the same instrument.
,
Section 6. No Other Cbanges. Except as expressly provided to the contrary in this
Amendment, the tenns of the Agreement shall remain in full force and effect as wrinen. All tenns
used herein and not defined herein but defined in the Agreement shall have the meaning given to
such tenns in the Agreement.
'-'
[Signature block for First Amendment begins on next pagel
"""
Page 11 of13
DOCS0C\3444I9v9\24212.0002
6A
~ IN WITNESS WHEREOF, tbe Redevelopment Agency oftbe City of Cbula Vista, as
Agency, and Gateway Cbula Vista, LLC, as Developer, bave signed this First Amendment to
Disposition and Development Agreement as of the 11>ate of First Amendment.
REDEVELOPMENT AGENCY OF THE
CITY OF CHULA VISTA, a public body corporate
and pol itic
ii ....-
By'. ,~!, , ',. / It!--.. 'J
, ~"" .v~ . rvJ,;,,-
Chaim,'an or A'uthorized Designee
~
"AGENCY"
'.,""",
~l5
eral Counse I
ignature block continued on next page.]
'--
Page 12 of 13
DOCS0C\844419v9\24212.0002
'-
"'"
'-
6A
[Signature block continued from previous page.]
DOCSOCll444 19v9I242 12.0002
GATEWAY CHULA VISTA, LLC, a California
Iimitedlia" flll~ ".
, --....
Coast l,\acific operties,1.;)
Co-Managing Member
,
'" _-:-"~.----
- . -.~-
\ James V. Pieri, Chairman Manager
By: Chul Ista Asset Manageme
Its: Co . e
"DEVELOPER"
I
Page 13 of 13
..JIlIl JYIUUl ~ J 'o/V. I,jClCVVOY ~" r'HSVt11'....l::"
Pa~" 1;
6A
From: Ffdnk Guzauskas - IL <Frank_Guzauskas@gmaccm.com>
To: "'Ikraker@cl.chula-vista.ca.l.is'" <lkrak"r@cLchula-vista,ca.us". "'csbrady@sycr com'"
<csbrady@sycr.com>. '"jmoot@swmw.com''' <jmoot@swmw.com> .
Date: Fri, Oct 5, 2001 11 :.24 AM
Subject: FW: Gateway CV Advance
Gi%1f\C
G.-~
./
Frank J. Guzauskas
AVP. Construction lending
GMAC Commercial Mortgage Corp.
100 S. Wacker Dr., Suite 400
Chicago. IL 60606
(312) 845-8572: FAX (312) 845-8571
The information on this electronic maii message is confidential and may also
be attorney client privileged. The information is Intended cnly for the use
of the individual or entitiy to whom it is addressed. If you are not the
intended recipient, or the employee or agent responsible .fur delivering It
to the intended recipient, you are hereby notified that a~~ distribution,
dissemination, or copying of this communication is striCtlY prohibited. If
you have received the electronic message In error, please Immediately notify
me by telephone and discard the message. Thank you.
" --Original Message-
" From: Frank Guzauskas - IL
> Sent: Friday, October 05.2001 10:23 AM
> To: 'Gerben Hoeksma'
" Subject: RE: Gateway CV Advance
>
>
> Below Is my response to your request If you have any questions, feel free
> to call me.
"
" 1) I have the first set of draft documents and checklist from my attorney,
" Once I review them, I will give my attorney the go-ahead to release these
> drafts to the borrower's attorney. I expect that to occur some time next
" week.
\
"
" 2) The loan fee due to GMACCM upon closing is $206,250. We ourrently hold
> a balance of $125,625 to be applied towards that fee. The borrower will
" owe an additional 580,825 at Closing for our fee. The current balance of
" the Good Faith deposit to cover due diligence is $6,874,07, Any unused
> baiance wili be credited back to the borrower at closing and any excess
> costs will be the responsibility of the borrower.
>
> 3) We are still awaiting our consultants final comments as to the plans &
> specs for the garaget,portlon of the project. We have not completed
: reviewin~lion of title andjtherefore neither have been approved.
>.4) Per our Commitment, if the loan is not funded prior to December 31,
" 2001, the Commitment Is technically null and void. GMACCM would have to
> obtain current leasing status report from the borrower, look at an update
> on the market and re-evaluate the project. I can nol comment on the
> CommIttee's likelihood of approving or not approving Olir request.
-0S-01 11.S7 F~OM,SULLIVAN YERTZ
, MOOI - I-VV. l.:iatew"y L.. v AoVance
........-.-- ..
1D'9192;;$:3"'115
~""t...J::; .J/~
~aoe 2 I
-I
6A
;>
;> 5) The conditions to closing are basically receipt of all of the items
;> spelled out In our checklist,.Thlslist includes, but is not limited to
;> organizational docs, loan docs, construction docs, financial information,
;> diligence materials, payment & perfonnnance bonds, insurance policies,
;> title commitment & policy, sulVey and backup supporting costs incurred to
;> dete on the project You have been provided with a copy of GMACCM's
;> fully-executed Commitment which spells out all the conditions to close and
;> to fund. Any future fundings will be sUbJect to our Commitment and Loan
;> Agreement
;>
;> S) Other than meeting the pre-leasing requirement, this will be determined
;> by how much negotiations take place on the documents and rece.ipt of all
;> the necess,,!')' information per # 5 above In acceptaDle form.
;>
;> Please keep in mind that we need at least 5 business days to review
;> information 0 nee we have received it.
;>
;> All of GMACCM's obligations are governed by the temns of Its Commitment
;> Letter. This letter is only for informational purposes and does not
;> change or modify any terms or conditions of the Commitment Letter.
;>
:>
;>
;> Fra~ J. Guzauskas
;> AVP, G.pnstruction Lending
;> GMAC ~mmerci,,1 Mortgage Corp.
;> 100 S. W' ker Dr., Suite 400
;> Chicago, IL OS06
;> (312) 845-85 ; FAX (312) 845-
;> The information n this electron mail message is confidential and may
;> also be attorney ent privlleg . The information is intenlled only for
;> the use of the indivl ual or e y to whom tt is addressed. If you are
;> not the intended reci . nt, the employee or agent 'responsible for
:> delivering It to :he inten e recipient, you are hereby notified that any
;> distrib\ltion, disseminatio or copying of this communication is strictly
;> prohibited. If you have r c ved the electronic message In arror, please
;> immediately notify me y tel hone and discard the message. Thank you.
;>
;> -,..-Original Messag ---
;> From: Lor ne Kraker [S P:lkraker@cLchula-vista.ca.us]
:> Sent: Tu day, OClober 0 2001 12:44 PM
;> To: 'Frank_Gu uskas@gmaccm. om'
:> Co: 'patrick_v eny@gmaccm.com' '8rett_Stang@gmaccm.com';
;> 'csbrady@Sycr. om'; Byron Estes; '1mo @swmw,com'
" Subject: ?ateway CV Advance
:> Dear Mr. Guzauskas:
;> I
;> As you maY~ow, the City ofChula Vista has reed to advance $1.3
:> million
;> to Gateway Chula Vista, LLC. One important con '!ion to closing on this
;> advance is ur obtaining a letter from GMAC re~ar . 9 th7 status of GMAC's
;> pending Co truelion Loan. Mr. stang has prOVided \IS With helpful
,-" -"-~~'
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.....,
Page 3 I
. -.,
6A
,. information, but additional informaticn Is required. We would greatly
,. appreciate your assistance in compleu',g this process.
,.
:> Specifically, as a condition to closing o.n the City advance, the City is
,. requesting a letter from GMAC that addr"esses the foliowing questions:
,.
> ,. GMAC requires "fully executea construction loan dowments". Among
:> other documents, this includes the Building Loan Agreements and a
,. guarantee
,. from the LLC'members. Please provide information regarding the status of
:> completing tne loan documents. Are u'ere any material Issues between the
:> parties?
:>
,. 2. Please provide an estimate of fees due and payable by u'e developer as
>a
:> condition to close on the GMAC loan. To pay these fees, what additional
> funds must be contributed above and beyond the existing balance In u'e
,. deveioper s Expense Deposit?
:>
> 3. Has GMAC approved l~e physical con'dition and con.dltlon of mie to the
:> underlying security? j
:>
:> 4. If the "brea~-even" threshold has not been achieved by December 31.
> 2001, please describe the process for Obtaining an extension of the GMAC
> loan commitment, and give an indication of the likelihood thatlhe
,. developer
:> would obtain such an extension.
:>
,. 5. Please identify any other outstanding conditions to closing the GMAC
,. construction loan, Once the construction loan Is closed, please identify
,. any conditions oU,er than the "brea~-even" thn~shold should GMAC fully
> funding Phase 1 construction.
,.
,. 6. Please estimate when GMAC expects to be in a position to close the
,. construction loan,
>
> Than~ YOt< in advance for your assistance with tt:is matter. \Nhile we all
> eagerly await the lease-up of the project that achieves "break-even"
,. status,
,. we are all attempting to keep the momentum of the project mOiling forward.
,. The closing of the City advance is an important element of the momentum;
> accordingly, your cooperation is greatly appreciated.
>
:> Please do not hesitate to call me with any questions or comments you may
> have with respect to this request. My work number Is 619-691-5037 and my
> cell number is 619-733-8842.
,.
:> Very truly yours,
:>
:> Glen Googins
> Assistant City Attomey
ee:
PatricK Vahey - CO <PatricK_ Vahey@gmaccm.com>, 8rett Stange - SJ
r-05-01 11.57 FROM.SULLIVAN WERTZ
:n Moal- I-W: Gateway L:V Aovance
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<brett_stange@gmaccm.com". Phil Keel-IL "PhiLKeel@gmaccm.com;., Carol Conklin -Il
<Carol_Conklin@gmaccm.com:>, 'Gerben Hoeksma' <ghoeksma@amlgm.com:>
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2.28.050 Unethical conduct.
A. General Policy. One of the highest calHngs is that of public service.. With that
service comes a requirement to conduct oneself in a manner above reproach,
since the citizens of the community expect and deserve a high standard of
conduct and performance. This code of ethics provides the following general
guidelines and specific prohibitions to which city officials must conform in the
pursuit of their assigned duties and responsibilities:
1. All city officials should endeavor to fulfill their obligations to the citizens of
ChuJa Vista, city management and fellow employees through respect and
cooperation. They should strive to protect and enhance the image and reputation
of the city, its elected and appointed officials, and its employees. All citizens
conducting business with the city shall be treated with courtesy, effiCiency and
impartiality and none shall receive special advantage beyond that available to
any others. Officials shall always be mindful of the public trust and confidence in
the daily exercise of their assigned duties, striving to conserve public funds
through diligent and judicious management.
8. Specific Prohibitions. City officials (including nonpaid commission, board
and committee members) shall be considered to have committed unethical
conduct if any of the following occur:
1. Used one's position or title for personal gain but not found to be an act of
illegality or conflict of interest by the district attorney, Grand Jury or Fair Political
Practices Commission.
2. Knowingly divulged confidential information for personal gain or for the
gain of associates in a manner disloyal to the city.
3. Knowingly made false statements about members of the city council or
other city employees that tend to discredit or embarrass those persons.
4. Used or permitted the use of city time, personnel, supplies, equipment,
identification cards! badges or facilities for unapproved non city activities, except
when available to the general public or provided for by administrative regulations.
5. No ex-city officer for a period of one year after leaving office or
employment shall, for compensation, act as agent or attorney for, or otherwise
represent, any other person by making any oral or written communication before
any city administrative office or agency or officer or employee thereof, if the
appearance or communication is made for the purpose of influencing
administrative action, or influencing any action or proceeding involving the
issuance, amendment, awarding, or revocation of a permit. license, grant, or
contract, or the sale or purchase of goods or property.
6. Endorsed or recommended for compensation any commercial product or
service in the name of the city or in the employee's official capacity within the city
without prior approval by a city council policy.
7. No member of the city council shall be eligible, for a period of one year
after leaving office, for employment by, or be on the payroll of, or be a paid
consultant or paid contractor to, the city, or to any entity controlled by the city or
the city council ("controlled entities"), or to any entity which receives a majority of
its funding from the city or of its controlled entities, except by the permission of
the council finding on four-fifths vote that special identified and articulated
--
-
,
--
~
6A
circumstances exist, cast at a regular public meeting taken. after the. in~olved
member of the city council has left office. (Refer to Civil Service Commission fo~
the hiring rules.) (Ord. 2629 S 1,1995; Ord. 2453 91.1991; Ord. 2297 S 1.1989,
Ord. 104091.1967; prior code 91.51).
2.28.060 Advisory opinions. . . .
When a council member or other o~cial. has d~ubt ~s t~ the applicability of a
provision of this code to a particular ~I~uatlon.. written InqUIry should ~e made to
the board of ethics for an advisory opinion. Said person sho~ld be gUIded by that
opinion when given. The councilmembers or other officlal~ shall have the
opportunity to present their interpretation of the facts a~ .Iss~e and of the
applicable provisions of the code before such advisory deCISion IS made. (Ord.
u2297~ 1,1989).
2.28.070 Creation ofthe board of ethics.
A board of ethics shall be created and appointed in accordance with Section 600
of the city of Chula Vista Charter and Chapter ?2.!l CVMC. (Ord. 2297 ~ 1, 1989).
--.
2.28.080 Purpose.
It is the purpose of this board to advise the city council of the city of Chula Vista
on all matters relating to potential unethical conduct and to make such necessary
and appropriate recommendations to the city council for the implementation of the
code of ethics and amendments thereto, which may become necessary from time
to time. This board will serve as a hearing body on all such matters and shall
render impartial and objective opinions and insure that those covered by this
chapter are appropriately informed. (Ord. 2297 ~ 1, 1989).
2.28.090 Duties of the board.
It shall be the function of the board of ethics to implement the code of ethics
adopted by the council for public officers and employees. The duties of the board
shall be:
A To receive or initiate complaints of violations of the code of ethics. All
complaints shall be sworn under penalty of perjury and shall be in writing,
containing full allegation of facts which would constitute a violation of the code. All
alleged violations must be submitted within 60 days of occurrence or when it should
have been discovered with the exercise of reasonable diligence. Justification for
any delay in filing complaints is the responsibility of the complainant
For board action. complaints concerning unethical patterns of behavior must be
received by the board within 60 days of the most recent event comprising the
pattern of behavior complained of, or within 60 days of when the last event should
have been discovered with the exercise of reasonable diligence.
The board will. in its discretion, limit the pattern of behavior to those events the
board feels are proximately related in time to be a part of the same pattern of
behavior.
B. To hear and investigate complaints and tr.ansmit the findings and
recommendations to the city council.
C. To render advisory opinions or interpretations with respect to the application of
the code. either on request or on its own initiative.
D. To propose revisions of the code to assure its continuing pertinence and
effectiveness. The affirrnative vote of five members of the board shall be necessary
for it to find conduct to be unethical. (Ord. 2297 ~ 1. 1989).
hno://www.codeoublishin!!.comlCNChulaVisla/HtmJlchula02.hunl
07/2712005
6A
IIfPPC Home Page
aCommission
ar"'gendas
IIFPPC Regulations
liThe Political Reform
Act
W:;andidates and
Committees
JIInterested Persons'
Meetings
at-Obbyists
~estrictions on
Government Officials
and Employees
~Gifts and Honoraria
.
,.Travel Guide for
~Iifomia Officials and
Candidates
~Re\/olving Door and Ott".er
&::Post-Employment Issues
(revised 02106)
.HOW To Get More Help
aEOthics Orientation for
State Officials
~ 1234 Ethics
Training for Local
Officials
aConflicts of Interest /
Restrictions on Government Officials and
Employees
Overview of Post-Employment Restrictions
The Political Reform Act places three restrictions on the
activities of public officials who are leaving government
employment. Two are post-employment, while the third
regulates activities of an official before leaving.
. One-Year Ban: Gov. Code Section 87406 restricts
former state officials, for one year after leaving state
service, from being paid to communicate with their
former agency in an attempt to influence agency
decisions that involve the making of general rules (such
as regulations or legislation), or to influence a permit,
license, contract, or transaction involving property or
goods. (Note: The Act also places a one-year restriction
on the activities of members of certain air pollution
control districts.)
. Lifetime Ban: Gov. Code Sections 87400-87405 prohibit
former state officials from being paid to appear in a
proceeding involving specific parties (e.g., a lawsuit,
administrative law judge hearing, or a state contract) in
which the official participated.
. Prospective Employers: Gov. Code Section 87407
prohibits state and local public officials from making,
participating in, or influencing a governmental decision
that directiy relates to a prospective employer.
For detailed information, contact the FPPC for assistance. Need
personal help? Call 1-916-322-5660 or toll-free 1-866-ASK-
FPPC and press "2" for telephone assistance.
(Revised 10/2012003)
,eport tackles problem of crowded schools - Sigl1o.nSanDiego,com Arc...
7
Report tackles problem of crowded schools
[6 Edition]
The San Diego Union - Tribune - San Diego, Calif.
Author: Liz Neely and Amy Oakes
Date: May 10, 2003
Start Page: 8.4
Section: LOCAL
Document Types: ANNOUNCEMENT
Text Word Count: 590
Document Text
loO
http://pqasb.pqarchiver,comlsandiego-sub/access/33502028J.html'ldids. ..
81l4120072:i7PM
leport tackles problem ot crowded schools - :SlgnOn~anDiego,com 1"l.rc,~.
tlttp:/ Ipqaso.pqarcmver.cOID/SanGHjgo~::>Llo/at:Ct:::sSJ ,).,)JV"'V,,-O.l .mUll ~ U1~...
7
CHULA VISTA -- A task force created last year to deal with crOWded schools has released e report With
recommendations for Improving communication between parents, the school districts and the city.
The Chula Vista City/Schools COmmunity Task Force report callS for the formation of several committees to study and
monitor student enrollment, school t;onstructi<m, infrastructure and more, Further, th(~ task force outlines ways the city
and school districlll can better inform parents about how Mello-Roos/community faCility district money is used to pay for
new schools. Mello~Roos is a tax paid by homeowners in some new hOUSing developments.
"I really think this is a tremendous opportunity to put procedures in place that Will ensure we won~ be having another
task force in another four years to look at the same issues," said tesk force Chairman John Moot The tasl< force was
created last August under the direction of then Mayor Shirley Horton. The 15-mernber committee was made up of
appointees from the city and the Sweetwater Union High and Chula Vista Elementary school districts.
Moot will present hlghllghlll of the report to the Chula Vista City Council on Tuesday, the Chula Vista school district on
May 20 and the Sweetwater district on June 16. Each governing board will decide whether to adopt the
recommendalions.
In the past few years, the city has experienced an unexpected high rate of grolNlh. Some residents and city officials say
the schools were not being built fast enough to accommodate new residents moving here. In Eastlake, parents of
students formed a group and held several meetings with city and school officials,
Bruce Husson, chief operating officer for the Sweetwater district, said communication between the community, the city
and the school districts has already improved. Further, Sweetwater is finishing a long-range facilities master plan that
will include much of the infonnation the task force is seeking. The report is expected to go before the school board in
July, Husson said.
Chula Vista Mayor Steve Padilla. who had not yet looked at the report, said the state of the city's schools has been a
growing concem for him.
"It's a major issue in the community," he said.
But, he said, he was disappointed that the task fOrce did not look at the issue of reorganiZing the school districts as a
possible option.
Among the task force's recommendations are:
Form an ad hoc committee composed of members from the City Council and each school board, The committee would
meet twice a year to discuss and anaiyze student enrollment projections, building plans, status of schoois under
construction, and other issues. Additionally, the report calls for the creatIOn of a parent advisory committee that would
provide input to the ad hoc committee both before and after each meeting.
Amend the Growth Management Oversight COmmission (GMOC) Threshoid Standard so that it provides more
information about schools in the city, Each year, the Clly Councll.appointed GMOC reviews the effects of residential
grolNlh on city services, schools, the environment and streets. The standards for levels of service were established in
the city's grolNlh management ordinance, Wllich was adopted In 1987.
Create a document for new homeowners that would explain how Melio- Roos/community facility district financin9 works
and why the funds are pooled to build new schools.
Create a committee made up of staff from the school districts and the city that would discuss and analyze joint
recreation uses between the city and school districts.
Change proof-of-resldency requirements to be more stringent
Liz Neely: (619) 498-6631; Iiz,neeiy@uniontrlb.com
Amy Oakes: (619) 498-6633; amy.oakes@uniontrib.com
Credit: ST AFI' WRITERS
Reproduced with P6mlissiorl of the copyright owner. F="urther reproduction or distribution is p.rohibited without permlssioll.
Abstracl (Document Summary)
Tile Chula Vista City/Schools Community Task Force report calls for the formation of several committees to study and
monitor student enrollment, school construction, infrastructure and more. Further, the task force outlines ways the ctty
and sChooi districts can better inform parents about how Mello-Roos/communlty facility district money is used to pay for
new schools. Mello-Roos Is a tax paid by homeowners in some new housing developments.
[John Mooij will present highlights of the report to the Chula Vista City Councii on Tuesday, tile Chula Vista school
district on May 20 and the Sweetwater districl on June 16. Each governing board wili decide whether to adopt the
200
81 t 4/2007 2:17 PM
leport tackles problem of crowded schools - SigllOnSanDiego.com Arc..,
http://pqasb.pqarchi ver.comisandiego-subiaccessi3 3 S020281.hlmt?dids..,
7
recommend-atlbns,
Bruce Husson, chief operating officer for the Sweetwater district, said communication between the community, the city
and the school disiricts has already improved. Further. Sweetwater is finishing a iong-range faclltties master plan that
will inciude much of the information the task force is seeking. The report is expected to go before the school board in
July, Husson said.
Reproduced with permission of the copyright owner. Further reproduction or dlstrlbulion is prohibited without permission.
8il4i2007 2: 17 PM
3of3
:usjoesses look to spark development I Evolution has been slow on 3rd...
http:lrpqasb.pqarcnJVer.cunlf~<U1WC~V~:::O;UV/i:1'-'l..>o;;;':'i;1' ""T-''''...J.... f""T'" .~nL.<'" ..............
8
Businesses look to spark development I Evolution has been slow on 3rd Avenue in
Chula Vista
[6 Edition]
The San Diego Union - Tribune - San Diego, Calif.
Author: Amy Oakes
Date: Nov 20, 2003
Start Page: 8.1
Section: LOCAL
Text Word Count: 1079
Document Text
CHULA VISTA '- Not much seems to change along Third Avenue In downtown. SMps come and go, but its evolution
Into a hoped-for Gaslamp Quarter of South County has been slow ~ very slow.
City officials Can point to some successes, but the heart of Chula Vista beats faintly. Some say the city should step
aside and let 8 private agency try to attract restaurants, boutiques and clubs.
"They have to do something here," said Carl Rosenbaum, who has worked downtown for Seven years. "If you ever corne
down here, you wouldn1 even know It's a downtown, It looks like a gMst town."
A group of 1 0 local business leaders believes the c,ty should create a nonprofit development corporation to spur
downtown redevelopment. Known as the Urban Development Committee, the group fomled about a year ago and
funded most of a stUdy to explOre Its contention.
Mayor Steve Padilla said the City Council will consider the study early next year. He has asked a consultant, city officials
and some UDC members to examine further the nity's redevelopment options. Their findings will be presented to the
council.
"Ultimately, you'll see some modification of what we're doing now," Padilla said,
During his mayoral campaign, Padilla taiked about the nead for a private group, similar 10 San Diego's Centre City
Development Corporation, to lead the redevelopment effort.
Since the Redevelopment Agency was created in 1972, it has faiied to attract major private development downtown,
Padilla cited the success of San Diego's CCDC, created in 1975, as a role model for cities.
Chula Vista officials have lOng envisioned creating the city's own Gaslamp Quarter on Third Avenue. But their efforts to
bring in upscale restaurants and Clubs have fallen short.
"I'm simply saying that what we have done In the past hasn1 produced what we've desired," Padilla said.
Business leaders said they, too, are frustrated by the slow progress of downtown redevelopment.
"There are some things we feal that could be done that aren't being done," said Jerrold Siegel, a UDC member and
preslclent of Peartreas Catering.
Organizing resources
Although city officials and business owners may be reluctant to discuss specifics, others, demit hesitate to offer opinions.
Rosenbaum said that if the city wants a thriving downtown, It should only allow restaurants, stores end nightclubs on
Third Avenue. Instead, he said; businesses such as dentist atTicss continue to open.
"They don't bring people downtown at night," he said.
Siegel said he doesn"t want to dwell on what COUld have been. He wants to focus on generating new interest in urban
development. Chula Vista has long been a bedroom community of San Diego, he said, and only since the success of
Eastlake have developers reaUy taken an interest in the city. Even the older neighborhoods have attracted
redevelopment projects.
Slegei said the city can~ concentrate all of Its resourceS on downtown. The proposed development corporation,
however, GOuld focus entirely on bringing developers downtown.
"It's really e bridge between the city and developers," Siegel said.
The UDC hired Keyser Marston Associates to study the best way to redevelop the city. The city agreed to provide
$15,000 for the study, and the UOC \Jsed part olthe $80,000 1\ raised for the resL
I "f3
8/1 5/2007 II :52 AM
lsin.esses look to spark development ~ Evolution has be.en slow on 3rd.'S
http://pqasb.pqarchiver.com/sandiego..subJaccessI4S~29S7 41.l1tml '((\Ids...
The study analyzed the number of city staff members devoted to redevelopment projects and the hours they worked, as
w~1l as projects under way.
In its repert, Keyser Marston recommended that the UDC pusl' for the creation of a nonprofit development corporation
that would advise the council. The council would continue to serve as members of the redevelopment agency and would
have final approval on projects.
Siegel said the corporatIon's board would be appointed by the council and each member would represent a
development expertise, such as architecture or finance. The corporation would be funded with redevelopment agency
revenue, including taxes, developer deposits and other fees and reve(lue.
The corporation, which would not own lend, sell bonds or borrow funds, would staff and implement downtown
redevelopment projects and programs, working with private Investors.
A stepped-up effort
C~y officials and business owners have talked for years about revitalizing downtown. In recent months, city officials
have stepped up the effort.
The Community Development Department is wor1<ing on an urban-core plan that would create design guidelines for
projects and speed the pem.i! process The plan Is scheduled to be completed in about a year.
With a clear picture of what Chula Vista wants, crty officiais say it will be easier to attract developers.
The city has had several successful redevelopment projects, such as the Gateway office buildings at Third Avenue and
H Street. The first building is nearly full and the next is scheduled for construction earty next yeaL
Other projects Include a facade renovation program, which provides money to businesses to improve their storefronts,
and urban in-1I11 projects, which will add more homes downtown.
Commission struggles
While the city ponders ~s redevelopment future, the Economic Deveiopment Commission, which advises the City
Council about economic development, appears to have iost its charge. Since April, three of the nine voting member
seats have been vacant, making it difflcutt to have a quorum for monthly meetings. A fourth seat has been vacant since
March when Commissioner WUliam Hall, a Navy reservist, reported to active duty. The commission did not ask to
replace him.
Since July 2002, seven meetings have been canceled, according to city records.
"They heve broke the EDC (Economic Development Commission)" said Ramln Moshiri, who has served on the
commission since August 2001. "It's not worth being there."
COmmission chairman Russ Hall said he was told that the commission's future role is uncertain as the city explores the
creation of a development corporation, He said the r.ouncil plans to discuss the commission's goais and focus within the
next few weekS, Some of the commission's duties to attract commercial development may overlap with those of a
development corporation.
"It's not the fautt of anybody," Hall said. "We just fall through the crackS."
Sandy Aros, who hes wor1<ed on Third Avenue for 20 years and lived there for 10, seid 8tJe thinks something needs to
happen downtown. When the pharmacy closed earlier this year, she said, people iost a pepular casual gattJerlng place.
She spends a lot of time walking along Third Avenue and is always hearing rumors about Shops and restaurants
opening. But those businesses rarely materialize.
"I hear lots of stuff," she said. "But, r m not seeing anything."
Amy Oakes: (619) 498-6633: emy.oakes@uniorrtrib.com
Credrt: STAFF WRITER
Reproduced with permiSSion of the copyright owner. Further reproduction or dl$tfibulion is prohibited without permission.
-."-------.--..,,.......-.-....-.-..."..-....'..--......-........._-_.....,-~_..,,_._._-.._-_...~_...-_..._~..'''_.._."-_.._---_..~----_.-
Abstract (Document summary)
Mayor Steve Padilla said the c~y Council will consider the study early next year. He has asked a consultant, city officials
and some UDC members to examine further the city's redevelopment options. Their findings will be presented to the
council.
[Jerrold Siegal] said he dOMn't want to dwell on what couid Ilave been. He wants to focus on generating new Intorest in
urban development. Chula Vista has iong been a bedroom community of San Diego, he said, and only since the
811512007 1\ :52 AM
2 DO
,us:ihesses look to spark development I ,t~,vOlllnOI1 nas Qt.."en SlOW on .11Uuo 8 l1Lt~'oll J!"'i....:l~'>t''-j........."..... ,-~..~~ --_u_.-;e:.- --,~.~-
success of EaStlake have developers really taken an interest in the city, Even the older neighborhOOdS have attracted
redevelopment projects 0
The UDC hired Keyser Marston Associates to sh,dy the best way to redevelop the city. The city agreed to provide
$15,000 for the study, and the UDC used part of tile $80,000 it raised for the rest.
Reproduced with permission of the copyright (lWrteL Further reproduction or distrIbution is prohibited without permission
30f3
&115/200711:52 AM
9
10
Si!JU2~.com
I ~ Click to Print I
County official's wife aims to serve
Cox: Chula Vista needs 'open' mayor
By Shannon McMahon
STAFF WRITER
February 22, 2006
~@PRINTTH'S
SAVE THIS I EMAIL THIS I Close
CHUIA VISTA - Cheryl Cox, a trustee for the Chula Vista Elementary School District, yesterday announced her
bid to become mayor.
Cox, 57, will run against incumbent Mayor Steve Padilla, Councilman Steve
Castaneda and local businessman Ricardo Macias in the June election.
Cox said she believes the city needs a leader who is more "open" and "accessible."
She said Padilla's management style has undermined public trust.
"I never thought I would be in the position to raise my hand and say, 'I want to be
your next mayor,' " Cox said. "I'm doing this for one reason: to restore trust in local
government."
Cox criticized the mayor's hiring of a personal bodyguard; his appointment of
Councilwoman Patty Chavez; his acceptance of a stipend for serving on the Chula
Vista Redevelopment Corp., which has not met; and his handling of the failed
Espafiada project, which called for two luxury high-rise condominium towers on H Street.
Cheryl Cox
"I think this is a bit of an overreaction to having your reservation deposit at the Espafiada high-rise
condominium canceled," Padilla said of Cox's decision to run. "Chula Vista is better off than it was four
years ago, and I don't think we want to go back."
Cox said she had reserved a space in the Espafiada towers as a p lace for her daughter to live.
Cox, a Republican, is the wife of former Chula Vista Mayor and San Diego County Supervisor Greg Cox.
She has 30 years of experience as a teacher, principal and administrator in South County, and briefly ran the
private Harborside School in downtown San Diego.
"I have believability going for me," Cox said. "People know me. If enough people believe in me, I'll be No.
I."
Cox first entered politics in 2000, when she was elected to the Chula Vista Elementary School District board.
In that race, she received endorsements from the Chula Vista police and firefighters unions, then-Mayor
Shirley Horton, former Councilwoman Patty Davis, Chula Vista Elementary School District Superintendent
John Vugrin and her husband.
In the race for mayor, Cox has not yet received endorsements.
10
In addition to serving on the school board, Cox has run a government and education relations consulting
company since 1995. Her company's projects include working with school administrators on teacher
improvement plans, getting schools accredited and helping developers through the permit process to get
projects built.
Cox, who is expected to receive endorsements from local developers, criticized Padilla's "back room"
handling of the Espafiada project. Padilla originally supported the project but later withdrew his backing
during a closed-door meeting with Espafiada developer Jim Pieri. At that meeting, Padilla gave Pieri a
pre-written letter to sign that said he would not develop the site.
Citing pending litigation, Padilla and City Manager Dave Rowlands refuse to say who wrote the letter and
why the issue was decided abruptly and without public knowledge.
Through his handling of the divisive issue, Padilla "has made it very precarious for the next developer
looking to come to Chula Vista," Cox said.
Pieri attended Cox's mayoral announcement ceremony, but said he had not decided whether to officially
support her campaign. Members of Crossroads, a community group that opposed Espafiada, also attended the
event, saying their focus was opposing Padilla rather than supporting Cox.
"We're just so anxious to turn over the city government and to get Padilla out," Crossroads member Peter
Watry said.
Cox said she questions the mayor's hiring of a personal bodyguard, saying Padilla should have made his
colleagues more aware of safety threats if there were any. Although he is no longer protecting Padilla, the
bodyguard is still on the payroll as the city tries to terminate his contract.
.Shannon McMahon: (619) 498-6634; shannon.mcmahonlaluniontrib.com
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tfficialspfopose nonprofit agency j Redevelopment aim is to lure busin...
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12
Officials propose nonprofit agency I Redevelopment aim is to lure businesses
[1,6 Edition.1
The San Diego Union. Tribune. San Diego, Calif.
Authot: Amy Oakes
Date: Aug 26, 2004
Start Page: B.1.6
Section: LOCAL
Text Word Count: 1544
Document Text
Editions vary
CHULA VISTA _. Tired of warting for trendy restaurants and boutique shops to arrtve, locai officials want 10 create a
nonprofrt corporetion to take control of redevelopment. But they want to do It without giving up too much of tI1eir power.
Their plan is to help run tI1e agency by sitting on the corporation's board, a prospact that worried some business leaders
behind the organizing effort. They Ilad hoped for a development corporation independent of City Hall.
City officials haven't determined the composition of the corporation. They plan to present a draft proposal to the City
Council in October.
The proposal is expected to nscommend that the corporation be staffed by crty employees and that members of the City
CouncU serve on the group's board of direclol's.
"It's not going to be exactly like San Diego's Cantre City Development Corporation," said Mayor Steve Padilla, who
campaigned two years ago on the need to creete an outside agency to spur tI1e city's redevelopment. "It's going to be
sometl1lng unique to us."
San Diego's CCDC operates indepandently, with its own steff and board of directors. Padilla said Chula Vista would be
beller served with e nonprofit corporation connected to City Hall.
He said the corporation's board will be managing a large amount of city revenues and doveloping projects in the city's
entire redevelopment aree, about 11 percent of Chula Vista, and he believes elected leaders need to retain some
control.
"You have to ba acoountable to the voters," Padilla said.
Councilwoman Mary Salas said it will be Important for the ctty to maintain oversight of the day-to-day operations of tI1e
corporation, citing recent prOblems In the city of San Diego.
In July, San Diego City Councilman Michael Zucchet questioned why he wasnt consulted about projects done by the
CCDC in hiS distrtct.
In anotl1er Instanca earlier Ihis year, aud~s revealed executives of city of San Dieg(}-owned Data Processing Corp.
spant lavishly on meals and retreats. The executive director of tI1e nonprofit corporation, which provides computer and
telecommunication services, resigned a short time later. A new board of directors was named.
Salas said she isn't sure a corporation is needed but would be open to creating one, depending on how it will oparate.
The city's Community Development Department oversees redevelopment efforts.
"I'll support it ~ it makes sense and ~ the bylaws ana something I can agree with," Salas said.
The council waS scheduled to vote 10 creete the organization this month, But the proposal wes pulled fiom tI1e Aug. 3
agenda after local business leeders complained that city officials would have too much say In running the agency.
When the original report, released in July, began circuleting in the tlusiness community, Padilla and other city officials
heard grumblings about Ihe proposed structure.
Padlil$saidsomi> mi>mtl<:lrsoftl1eOOl1'1I1lillee, which wascreateqto 11ushf",r'ldE>vllloprn"nt corporation; wariledan
agliincysimilar to San Diego's. Their drive to have aboerd indepahdent of the council "raised some r"dflags,' he said.
"It beCllmeah Issqe that is not about Clur goal," Padilla said. "It became so~\elhii\g ~Is", som~tI1ing political."
Merripeh;ofli1egtoqp, known as the. Urban OevelopmerHCornmiltE>e, downpl$YE>d their oonce",s, refefring lJorr\ments
loOhalrmen .Chflsle"'IS, The committee chairman said little about any disagreement with the city, only.jhetdifferences
wi9,ebeing sel:tled.
Member Jil1\Pie";, alo~.aldeveloper, resigned in a letter dilled Aug.9t1D Lewis. Pier; wlnte, "ReceriteventsN.ve
8/1512007 t2:16 PN
lon
)1Iicials propose nonp.rotIt agency j KOOeVe.l.Opment mm IS to .Iun; Vll::illJ.,.
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12
Rolllh\l~lIypWi]\jy~qI1)P$.M~h<:Jlt(j RtQj~ct$,iti jebp"idY, I C."hrIOl"hWWilthot4I1oW lhls 19 'li.IiJpp$rLlpt$!!1irlokMp\he
rE!$$,(;jn.$.for:'tT1y-'Uttlmate-'t.~,fPC:i$lori. .prhi-ate,;)O
f'1~rl~$911.lilldt9~1"i'!Qr$t!\()r911$r hl'rVieWliOh hoW 111$ .(JqrpOrEltl.9h"hOQlqQrJ$t~t(j;He~~ldln 'an,lht$tvlewth"flhe
commltl]\~t$$eatched' variQ~~oplltins for ttl~ corporation's struC[ul",asitwasia~kM 10 do.
"NOwil'suptothem 10 nnlsh," Pieri said,
City offlclal$ ate looking at IlVlne'$ Orange County Great Park Govemanca Corporation a~ a model. The nonprofit
corporation was created la$t year to overoee redevelopment of the ClosM EI T oro Marine bas. into 4,700 acr.s of
parks, homes and buslnesse~,
The board is made up of Irvlne'~ five City Council members and four people from the region. Originally, there were to be
two council members, said Dan Jung, the corporation's director of strategic programming.
But some voiCed concern about publiC overolght and accountability of the nearty $400 million In developer fees and
bonds projected from the projecl The council lhen changed the board's composilion,
''They felt there should be greater oversight by the City Council," Jung said.
Chula Vista's interest in creating a development corporation hes been brewing for years, especially as past attempts at
redevelopment have fallen shorl City officials have long envisioned the bay front and downtown as attractive destination
sho~, hotels and re~taurants, but have made little progress,
Councilman Jerry Rlndone said CRY redevelopment officials have waited for developers 10 come when they should have
been trying to entice them. He cited as an example their failure to find a developer for the former leader department
store on downtown's 3rd Avenue.
"They haven't been as aggressive as they should be," Rindone said.
Padilla said the corporation is part (')f an overall -city effolt to boost redevelopment since Ile took office In December
2002,
The cfiy hired Laurie Madigan later that month to lake over as director of community deveiopment She eventually
overhauled the department with a new organizancnal st,uG1ure and staff members,
This year, the department censolidated and expanded its redevelopment areas 10 cooroinate planning efforts and have
a larger pool of tax-Increment revenue. 1\ is currentiy creating a iend-use plan to guide development of the downtown
area.
"You've got to set the table before you open for business: Padilla said,
E:lected officials had to make change~, Padilla said, because the city's Redevelopment Agency is going broke,
The agency, formM in 1972, relies on tax..lncrement revenues, which are generated when property vaiues in
redeveloped areas increase, A portion of that increased tax revenue is reserved fOr the redevelopment agency.
A city report shows lhat in fiscal 2005, the agency could face a $978,091 deficit because there won't be enough tax
Incremenl to cover costs. The deficfi is projected to increase to $2.2 million the following fiscal year,
City Finance Director Maria Kachadoorian said the figures are based on conservative estimates for tax..incrernent
revenue and worot" case scenario projections for the amount of local money that will be shified 10 the state.
''This was the best estimate I could make based on what I have at the time: Kachadocrian said,
Finance officials cite several reaSons for the- agency's financial woes, ranging from higl1er administrative costs to money
lost when" was used to balance the stale budget. But most sfartfing to some council members was the agency's
investment in planning studies and public projects over the years.
Those projects. such as $3,5 rniUlon for the Chula Vista Center parXing garage, failed to generate tax revenue.
"We've got to get a better return on our investment," Councilman John McCann said. "The projects. have been nice, but
they haven't given us a return on our investment...
Councilwoman Patty Davis said the department also was hampered by having to juggle different duties, A development
corporation, she said, wouid be devoted to attracting private inve~tment.
"Their plate won't be so divided, n she said. "They will have the time to go out and attract the type of businesses we
want"
Padilla said the corporation's board could include four people with expertise in areas such as financing, as well as
council members. The board memberS could give the corporation and city "instant credibility in some circles," he said.
200
8/15/200712:16 PM
)fficials propose nonprofit agency I Redevelopment aim is to lure basin...
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12
Padilla said the corporation could also process projects faster, making the city more attractive to prtvate investors.
Instead of having to get approval from separate commissions. such as Planning and Design Review, Padilla would like
the corporation to handle those issues with one or two public meetings.
"You have a process that is streamlined," he said. "You don't want a project applicant to have to go to five diffi9rent
publiC hearings.
"It's all about being user friendly."
The council, acting as the Redevelopment Agency, would have final approval.
The money tc create and maintain the corporation would corne from tha city's general fund until the agency's
tax-Increment revenues could cover ongoing costs. The cost has yet to be determined.
Although tha details regarding how the corporation will be structured are stiil being finalized, Padilla said ha is
commilled to the agency's creation.
"We're going to get it done and do whars best for tha city," Padilla said.
Amy Oakes: (619) 498-6633; amy.oakes@uniontrib.com
[Illustration]
o PICS; Caption: 1. A parking garage mirror reflected the Gateway Building on H Street in Chula Vista as construction
for tha Gateway Ii project continued neamy. (Ed. 6) 2. Belly Peraita (far rtght), manager of the Capri Villa apartments,
watohed with har grandson, Corey Peralta, as construction work continued on the Gateway II project on H Street in
Chula Vista. (Ed. 1) 3. A bicyclist rode by the Gateway Building on H Street in Chula Vista. The city Is considertng
creating a nonprofit redevelopment agency to allract businessas. (Ed. 1); Cradit: 1,2,3. Dan Trevan / Union-Tribune
Credit: STAF'F WRITER
Reproduced with permission of the copyr\ght owner. Further reproduction or distribution Is prohibited without permission.
...."..__,._.,~__._ ,_,,_..___m._"'.____. ".+_...M_....~._____".".
Abstract (Document Summary)
.m"_'.____.__~__..._,."..,....." . ...... ------ .. . ""'""".--..----.
San Diego',; CCDC operates independently. with its own staff and board of directors. [Steve Pedilla] said Chula Vista
would be better served with a nonprofit corporation connected to City Hail.
o PIGS; 1. A parl<lng garage mirror reflected the Gateway Building on H Street In Chula Vista as construction for tha
Gateway II project continued neemy. (Ed. 6) 2~ Berty Peralta (far right), manager of the Capri Villa apartments, watched
With her grandson, Corey Peralta. as construction work continued on the Gateway II project on H Street in Chula Vista.
(Ed. 1) 3. A bicyclist roda by the Gateway Building on H Straat in Chula Vista. The city Is considering craating a
nonprofit redevelopmant agency to attract businesses. (Ed. 1); Credit: 1,2,3. Dan Travan / Union-Tribune
"eproduced with J)Elrmlsslon of the ctJpyright owner. Further reproduction or distribution is prohibited without permission.
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Rising downtown towers give rise to debate in Chula Vista
[6 Edition]
The San Diego Union - Tribune - San Diego, Calif.
Author. Amy Oakes
Date: Nov 20, 2004
Start Page: e, 1
Section: LOCAL
Text Word Count 1636
Document Text
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CHULA VISTA -- Almost daily. the Peraltas hike to the top of a nearby parking deck and watch their downtown
netghborhood transform.
From their fronHow seat, they have seen the rise of the first of three upscale office and retail buildings. The
347,000-square- foot complex, known as Gateway, will eventually cover the northwest comer of H Street and Third
Avenue where a lawn mower store and other businesses onCe stood.
As construction begins on the second phase, the developer is pushing plans to bllild two 14-story IUXllry condomlnillm
towers next door. The towers, called Espanada, would be the city's tallest bllildings and wOllld replace small apartment
complexes, a parking lot and some businesses.
"It's a good thing," said Betty Peralta. who has lived wtth her husband John in an apartment complex behind Gateway
for 16 years. "Ifs scary at first, but. you know, it's progress:'
Elected ctty leaders for years have talked about the need to pump life into Chula Vista's struggling downtown. eLll now
they face the question: Is the ctty ready for a $100 million high-nse project?
Espanada would bring upscale living to the atty's aging west side and p(,tentially serve as a catalyst for redevelopment.
The developer, Jim Pien, and other supporters say the project wollld attract other restallrants and shops downtown,
fulfilling the ctty leaders' vision of turning Third Avenue into the Gaslamp of South County. The project Includes retail,
office and restaurant space,
ellt it wollld come at a considerable cost, especially to the surrounding neighborhood, including Peralta's Rooseven
Street. Skeptics say the project will pllt more cars on already congested roads, that it will displace residents and that it is
too massive for the area.
These are just some of the issues city officials will grapple with in the coming weeks. The Planning Commission is
scheduled to consider the project Dec. 8, and the City COllncil the following week.
The plans call for two 14-story towers with 100 condominiums in each as well as an additional rooftop pool and
underground parking. There would be 16 three-story townhomes along the roadway entering the stte. 13,000 square
faet of retail space and 8,600 square feel designated for a restallrant.
Tha project would not only kick-start redevelopment. said John Moot, an attorney for Pieri, it also wOllld financially
benefit Ihe city. Based on the developer's analysis, the project could generale $1 million annually in redevelopment
revenUe from increased property values. A portion of that revenue goes to the city.
The developer also wOllld have to pay more than $3.3 million in one-lime deveiopmenl fees for public services, schools
and parks, Moot said.
The project has gone before the city's Resource Conservation Committee and the Design Review Committee. Both
commissions -- made lip of residents appointed by the cOllncil- have voted againstlhe project.
City officials have held several public informational meetings, From the start, Espanade has generaled much debate in
the communtty.
Traffic issue
Some who live on Rooseven Street, which would serve as the entryway for tower residents, say their narrow
neighborhood street can't absorb more traffic,
"This is already a racetrack," Peralta said. "n might get worse wilh those buildings."
Moot said the devek)per is working with city engineers to ensure the roads can absorb the traffic. The project proposes
to widen a portion of Roosevett Street near the yel-lo-built access road, he said.
Some residents havs expressed concern about how fast the project is proceeding.
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For months __ well before tI,e project was scheduled to go before lhe council for approval - Pieri has been soliciting
future tenants, He created an -interest list, took deposits and advertised the project on billboards, local publlcaUons and
on the internet.
John Chave1., a member of the Resource Conservation Commission, said his group thought Espanada should be
coordinated with the urban core specific plan, That plan, which is being drafted, creates overall development guidelines
for Chuia Vista's urban area, between interstate 5 and Dei Mar Avenue and C and l streets,
The plan, which will include an initial environmental impact report, should streamline development with the goal of
attracting more investment, officials say.
The completion of the plan is linked to the General Plan update, which is also under way. The Planning Commission
and council are expecting to hold public hearings on the update by March 2005,
Moot, the developer's attorney and a former councilman, pointed out that both land-use plans were supposed to be
completed this past summer and this fall, respe(,1ively,
Zoning changes
Under the current General Plan, Pieri would need zoning changes to build his project. Pieri's plans were based on the
updated plans allowing for higher density in parts of downtown.
'We want to buiid a project that Is in sync with the General Plan update," Moot said,
Several City Council members have expressed conr.ern about the project proceeding before the city completes Its
General Plan update. But they are quick to say this type of residential development is needed to spur redevelopment
downtown,
"There will be places In the plan for concepts like Espanada," Mayor Steve Padilla said.
Even though the land-use plans are a few months from being finalized, Pieri plans to proceed, He and his investors
have already put $10 million in the project, Moot said, noting that a delay could lose investors, and there are more than
1 ,000 people on the interest list.
"We live in the real world," he said. "People aren"l g()ing to wait forever."
Pieri also Is stili trying to acquire the land needed for the project, which is spread over nine parcels, Most of the
properties needed for the initial stages of the project have been acquired or are about to be sold.
However, tVl/O have resisted,
Theown~r ofa 28'unit aparll'n8nt complex onH Street has no ihtention of seiling and neither does Frencisco Flores,
who owns three homes along Roosevelt Street.
Flores said he is being pr<3$$ured to sell. He s;ald a rellresenlatiVe frQrn Pi.,i's M()untain west real estate company has
visitedliim repeatedly and sent hil" ietters, offering increasing amoullts Of ,"oney.
Flores seid he became concerned when tM letters hinted at his being forced \rom his property by the city,
Ml!ot $llidthey will continue to work with the property owners, The project could be altered around FlOres' prop.erty, M
sajd. Yilt,unlikeFlores' properly, the apartment complex failS within thecltYs r~d"velopment area, The city could
~xercise lis emi""nt- domalhauthc>rity and force th~ owner out.
ThilCity Wouid pay marl<.et.value for the property, as weil as provide ",Iodetiol\ essistence. Moot said the developer
woUld most likely pill' more,
"Wedoh~went to go through emlneritdomain," he said.
Known entity
Pieri is a well-known developer in Chula Vista and considered a pioneer in the clty. Some doubted Gateway would
attract tenants, but it did,
Pieri said he has planned an Espanada"type project for years, but waited until the market was right and until he believed
the city was ready, Ha submitted plans in July 2003.
Although some conSider Pieri visionary, others question his tactics. In his effort to show city officials he has community
support, he recently sent paid signature collectors out with petitions,
Councilwoman Mllry Salas said while shopping at Albertson's at Third Avenue and J Street, she was asked to sign a
petliicn In support of affordable housing, When she read thepetliion, she said, she realized it was a petition supporting
Espanada, whose condominiums are expected to sell for $350,000 to $1,8 million.
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"A lot of people were iust signing ~," she said.
Selas sent a memo to Pien and to her cOlieagues on the council. She said her main concern was that people were not
reading the petitions they signed, She said she has since been informed by a compeny doing pUblic relations for the
project that the signature r.oliectors have been advised to be more explicit about the project.
Ultimately, the City Council will make the final decision. By that time, the council wiil have a new member. Planning
Commissioner Steve Castaneda will be sworn into office Dec. 7, replacing Salas, who will be forced out by term limits.
"This is prObably the hot-button issue of the year, 50 farj II Councilman John McCann said.
If the council approves the project In December, Pieri could obtain building permits by spring. Construction of the first
tower is expected to take 15 months, meaning the first tenants could move in as earty as fail 2006.
In the meantime, the Peraltas and their neighbors are contemplating change. Peraita's husband, John, said Ihe council
will face a tough decision when Espanada goes for approval. Not everyone will support the project, he said, but he
thinks it will be good for the cUy. It will attract more business and, he predicts, the surrounding area will improve,
"So many years, this town has stood around and not done anything," John Peralta said. "We think this progress is
great. II
Amy Oakes: (619) 498-6633; amy,oakes@uniontrib,com
[Illustration)
1 PIC 11 GRAPH 11 MAP; Caption: 1. The city of Chula Vista offers thiS concept of tl.e Espanada Tower project,
proposed for the corner of Third Avenue and H Street It is to be part of a 347,000-square-foot complex, known as
Gateway, which is rising where a lawn mower store and other businesses once stood. 2. Chule Vista's tallest lowers -
The proposed Espanada project offers two luxury condo towers with 100 units each, 16 townhomes, 13,000 square feet
of retail space and 8,600 square feet of restaurant space on 4.2 acres. The towers will be Chula Vista's tallest
structures. Here's how Espanada will compare to other local buildings. 3. Proposed Espanada resldentiaU commerciai
o.omplex; Credit: 1, Courtesy photo 2.3. SOURCES: City of Chula Vista; Paonica Companies; Project Design
Consultants 1 PAUL HORN / Union- Tribune
Credn: STAFF WRITER
~eproduced with permissiOf't of the copyright owner. Further reproduction 01' distribution Is prohibited without permiSSKm.
Abstract (Document Summary)
1 PIC 11 GRAPH 11 MAP; 1. The city 01 Chula Vista offers this concept olthe Espanada Tower project, proposed for
the corner of Third Avenue and H Street. It is to be part of a 347,OOQ-square--fool compiex, known as Gateway, which Is
rising where a lawn mower store and other businesses once stood. 2. Chula Vista's tallest towers .. The proposed
Espanada project offers two luxury condo towers with 100 units each, 16 townhomes, 13,000 square feet of retail space
and 8,600 square feet of restaurant spece on 4.2 acres. The towers wlli be Chule Vista's tailest structures. Here's how
Espahada will compare to olt..r local buildings, 3. Proposed Espanada residentiall commercial complex; Credit: t.
Courtesy photo 2,3. SOURCES: City of Chula Vista; Pacifica Companies: Project Design Consultants I PAUL HORN I
Union- Tribune
Reproduced with permission of the copyright owner. F'urther reproduction or distribution is prohibited without perrrtis$kJn.
300
8/ t 5/2007 I :28 PM
:oldout stands ground II'roperty owner feels pressure to sell over propo...
http://pq..b.pqarehivOl'.com/sandiego-Hub/aecessl770685861.html?dids. ..
14
H61(iout stands ground I Property owner feels pressure to sell over proposed condo
d,velopment
[?i6, 1 Edition]
The San Diego Union - Tribune. San Diego, Calif.
Author: Amy Oakes
Date: Dee 23, 2004
Start Page: 6.1.1.6
Section: LOCAL
Document Types: INTERVIEW
T ex! Word Count: 1252
Document Text
Editions vary
CHULA VISTA __ Francisco Flores Ignored the letters asking if tIe wanted to sell his homes on Roosevelt Street. And he
only helf- listened to the reai estate agent who carne knocking On his door one day.
Local developer Jim Pieri Is pushing plans to build two 200-foot- high luxury condominium towers and 16 town houSes
on land that Included Fiores' homes. Pieri made it ciear he wents Flores' property for his project, but Fiores dldn1 really
care all that much.
It wasn't until Flores received a letter - a "'DPY of correspondence between Pieri end the city - mentioning the city's
ability to take property by force In redevelopn',ent areas that he started to worry.
"When he (the real estate agent) gave him the letter, he started to pay attention," said Flores' son, Alex, who was
translating for his father. "It mentioned eminent domain."
While many of his neighbors have agreed to seil, Flores is one of ti,e few holdouts. He has no Intenuon of seillng the
15,Ooo-square- foot lot where his family lives.
The city has no legal authority to take his property, a point city officials ciarified after Flores saw that initiallelter. Stili,
Flores is feeling increasing pressure to clear out.
Pieri's attorney John Moot says it's unfair to cast the deveioper as Goliath to Flores' David, as some in the community
see him. Those people, Moot said, are against the project and may be using Flores as a "pawn" \0 block it.
The debate over Espsnada is just beginning, Supporters argue it is needed to jllmp.-start revitelization on the west side.
Opponents say ItlEl planned 15-sk>ry towers are too high and will bring too much traffic to already congested roads.
The City Councii was scheduled to vote on Espanada this month. But council members decided to wait until after the
general pian update is done.
lhat update, expected in March, will allow for hlgh-denslty residential development where the proj...ct is proposed.
Currently, the project would require a zoning change before it couid be built.
Pieri stili needs to acquire some of the land for the 4.2,acre project at the northeast comer of H Street and Fourth
Avenue. He has bought or is about \0 buy most of the property for the initial stages of construction.
All the properties except one _ Flores' _ are in Chula Vista's redeveiopment area. In a redeveiopment area the city has
the authority to use eminent domain _ pay market value lor the land and reiocation expenses -, but It is often used as a
last resort and needs to pass legal standards.
Along with Flores, the owner- of a 28-unit apartment complex on H Street has said he does not want to sell. The
compiex, however, is more vulnerable because it's In the city's redevelopment area.
Fair treetment?
From the start, Flores said he has not been treated fal~y.
About eight monthS ago, Flores said he started to receive Iatlers from Pieri's Mountain West real estate company with
offers \0 buy the property. When he didn't respond, a Mountain West representative started showing up at his home.
"One time, my dad kicked him out." Alex Flores said.
The first offer from Pieri, Alex Flores said, was for $400,000. The offers have since incrassed to more than $700,000.
He said Plert also has offered alternative properties - some smalter than the one his father owns.
Francisco Flores, through his son, said he countered with a $2.5 million selling price, with the intention of ha~lng Pieri's
811512007 1:37 n
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14
efforts.
"I don't want to sell: Flores said. "We're established:'
Flores, who speaks predominantly Spanish, said that early on, Mountain West representative Nick Ross talked about
the city's ability to use eminent domain. Flores said Ross gave him a copy of the Feb. 9 letter from the city to Pieri
discussing the Espanada project. tt detailed the process by which the crty could condemn properlies for the project.
Ross also sent Flores a letter In May stating that eminent domain may be used to acquire properties "required" for
Espanada. It then stated, "Your property is one that is required for the project and for that reason I have made efforts on
numerous occasions to make you aware of the project, and have made offers to you for the purchase of your property,"
Ross wrote,
Flores' fear mounted when, in June, the city's Community Development Department sent him a letter stating that his
property was in Chula Vista's redevelopment area and that the Espanada project had been proposed in that locaijon.
Two days later, city officials sent him a clarification letter, saying they had made a mistake.
Flores tOOk his concems to the Planning Commission at lis Sept. 22 meeting. By then, members of Crossroads II, a
community actiVist group that voiced some objections about the Espanada project, had been helping him. They set up
meetings with city officials for him and read Qverthe letters he had received.
"They were intimidating him with the use of eminent domain," said Gerald Scott, a member of Crossroads II.
Moot, Pieri'S attorney and a former councilman, said the letters to Flores never actually stated that his property could be
taken by eminent dorl)ain, But, he said, he did recommend that Flores ''talk to an attorney who specializes in eminent
domain."
'Critical issue'
Don Kramer, the project manager for- Espanada, said the city is looking et ways to acquire the Flores property. In
October, Kramer sent an &-nisil to Ken lee, a community development specialist for the city, aSking if city officials had
discussed expanding the redevelopment area.
"This is a trftical1ssue as it impacts the Flores property on Roosevelt Street, as well as future projects under
consideration," Kramer wrote.
However, Lee and other city officials said they are not currently looking at expanding the redevelopment area, or
acquiring the Flores property.
"This is between Mr, Flores and Mr. Pieri," said Dana Smith, assistant director of community development.
Moot said Pieri is still trying to buy the properties. Property negotiations ror Gateway, an upscale office and retail
complex next to the proposed Espanada site, were more difficuK, Moot said.
In the end; Moot said, Pieri acquired the needed land privately. Moot said in most cases property owners fare better
dealing with a private buyer than going through eminent domain.
"We're quite confident and willing to pay more than fair market value," he said of the current hoidouts.
tf Pieri can't acquire the Flores property, Moot said, the project will be redesigned. Undor the current plans, Pieri wants
to build town houses where the Flores property is.
Still, Moot said, his client is committed 10 trying to negotiate with Flores.
But Flores is finm. He said he has his own plans for the prope.ty he bought 11 years !!go for $2t3,000. He has done
improvements over the years and plans to do more.
"My dad doesn't want to sell," Alex Flores said. "We like the area:'
Amy Oakes: (619) 498-6633; amy.oakes@unionlrib.com
[illustration]
2 PIGS; Caption: t. Francisco Flores locked over an empty lot next to his property on RooseveK Street In Chula Vista.
Homes once stood on the lot, but Ihey were demolished as part of a condominium projed proposal. Flores has refused
to sell his property to the developer. 2. Debate is beginning over the proposed Espanada condominiums. Some say the
project will help revllalize the neighborhOod. Others say It will bring traffic and congestion.; Credll: 1. Dan Trevan I
Union- Tribune 2. CIIy of Chula Vista
Credit: STAFF WRITlOR
ReprOduced wllh permission 01 the copyright owner. Further reproduction ot distr'ibution is prohibited without permisSion.
200
8/15/2007 1,37 PM
,IdoUI stands ground \ Property owner reels pressure 10 sell over propo."
http://pqasb.pqarchiver.comlsaIldiegowsub/accesS/'/./Vtl~;) r:io 1.ntlU1 f(HOS___
Absl!'act (Document Summary)
Local developer Jim Pien is pushing plans 10 build two 200-foot- high luxury condominium towers and 16 town houses
on land that included Flores' homes. Pien made it clear he wants Flores' property for his project, but Flores didn't really
care all thet much.
Flores, who speaks predominantly Spanish, said that early on, Mountain West representative Nick Ross talkad about
the city's ability to us. eminant domain. Flores said Ross gave him a copy of the Feb. 9 letter from the city to Pieri
discussing the Espanada project. It detailed the process by which the city could condemn properties for the project.
[Pieri can't acquire the Flores properly, [John Moot] said, the project will be redesigned. Under the current plans, Pieri
wants to build town houses where the Flores property is.
Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without permission.
300
8/15/20071:37P
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18
October 4, 2005
Stephen c. Plldi11a
Mayor, City of Chuln Vista
276 Fourth Avenue
Chuln Vista, CA 91910
Dear ML Pac1il1a.
This is to notify. you that, effec;tive today, I am formally withclrawing my application for
the Espanada project, including my application for a general plan amendment (GP A 04-
(1), a rezone (pel 04-03), a specific plan (peM 04-04), design review (DRC 04-11) aud
certification of Environmental Impact RepOl1. 04-05.
!\ify dedsion to wit11t1raw the applicati.on is based upon my Goncem for the community
.and for the overall well-being oftbe City of Chula Vista. I realize this project has created
division in the comrrnmity. In decide to re-file an application, I will worle willi. the
Gomn!l.JI)ily and tIle concems raised by the citizens of Chllla Vista. .Using wise planning
and design principles as well as input front residents" I am confident that, should r decide
to re-file a newapplicatiol1" I can develop a project with broad based support
Please let me know ifyon)Jl.v.e-l!JJY L[aestions conGerning tlllS notification.
/ -
,...-.---
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Sincerely, ~
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FW: Espanada Demise
19
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20
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
November 1, 2005
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:17
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda, McCann, Rindone, and Mayor
Padilla
ABSENT:
Councilmembers:
Davis (excused)
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE: Jerome Sandoval, Child Care Commission
Mayor Padilla announced that this item would be re-scheduled for a future date.
. INTRODUCTION BY DAN BEINTEMA, DIRECTOR OF THE NATURE CENTER,
OF THE EMPLOYEE OF THE MONTH, JOYCE REMP, REGlSTERED
VETERINARY TECHNICIAN
Nature Center Director Beintema introduced Ms. Remp. Mayor Padilla read the proclamation,
and Councilmember McCann presented it to Ms. Remp.
. INTRODUCTION BY POLICE CHIEF EMERSON OF NEWLY HIRED LATERAL
POLlCE OFFICER ROBIN DOWNEY
Officer Downey was unable to be present. This item will be rescheduled for the meeting of
November 15, 2005.
. PRESENTATION OF "EXCELLENCE IN GlVING AWARD" TO THE CITY
COUNCIL BY DONALD EPPS, REPRESENTATIVE OF UNITED WAY OF SAN
DIEGO COUNTY
United Way representative Epps presented the award to the Mayor and City Manager, who
accepted it on behalf of the City.
. VIDEO PRESENTATION OF 2005 MAYOR'S AWARDS FOR NEIGHBORHOOD
PRESERVATION
Mayor Padilla presented a video of the 2005 award recipients and introduced those who were
present in the audience.
ACTION ITEMS (continued)
II. REPORT; POTENTIAL EDITS TO THE DRAFT GENERAL PLAN UPDATE
REGARDING TRANSIT FOCUS AREAS
At the October 4, 2005 City Council meeting, the Mayor indicated his desire to have an
option before the Council for consideration as part ofthe General Plan Update (GPO) that
would provide for a maximum of mid-rise development for all of the property located
within the Transit Focus Area (TFA) at Third and H Street. Based on subsequent
direction from the pty Manager's office, staff has developed draft potential GPU edits
that could accomplish this, and would further clarify design considerations for
development within all TFA designated areas. Staff has prepared these edits for Council
review as an option to consider at the GPU hearing in December. (planning and Building
Director)
Councilmember Castaneda recused himself from participation in discussion on the item due to
activities of members of his family with regard to the Espanada project and pending a ruling
from the Fair Political Practices Commission. He then left the dais.
Mayor Padilla stated for the record that the Council had been provided with a copy of
correspondence addressed to City Attorney Ann Moore, dated October 28, 2005, from Attorney
Greg Vega of Seltzer, Caplan, McMahon Vitek with respect to Item 11. Mr. Vega, who
represents Espanada Chula Vista LLC, requested that the item be continued to provide him an
opportunity to study the suggested edits and provide input. Mayor Padilla clarified that the
proposed action at this time is to direct staff to prepare an alternative to be brought back for
Council consideration at the adoption hearing in December. Mayor Padilla stated that there was
sufficient time between now and December for Mr. Vega and/or his client to provide input, up to
and including testimony at the public hearing, on any suggested edits.
Advanced Planning Manager Batchelder provided an overview of the General Plan update,
including proposed edits to the transit corridor special study area, and responded to questions of
the Council.
Patricia Aguilar, representing Crossroads II, thanked and congratulated the Mayor for his
leadership on the issue and expressed hope that this meeting would mark a new spirit of
collaboration and cooperation between the.community and elected representatives.
Sharon Floyd spoke regarding an e-mail previously submitted to the Council in support of
designating the transit service area at Third and H Street for mid-rise rather than high-rise
buildings.
Earl Jentz, representing the Roosevelt Street Steering Committee, spoke in support of the
proposed edits and complemented the Mayor and City Council for being willing to meet and
listen to Chula Vista citizens. Further, he expressed hope that the groups and City would move
forward together.
Laura Hunter, representing the Environmental Health Coalition, expressed support for the
direction being taken on the proposed edits, the use of language including harmonizing change
and the vision of the Council. and the continued special planning efforts.
Page 7 - COWlciI Minutes
hnp:/Iwww.chulavistaca.gov
November I, 2005
ACTION ITEMS (continued)
ACTION:
Mayor Padilla moved to direct staff to bring back the proposed edits as another
GPU option to consider at the GPU hearing in December. Councilmember
McCann seconded the motion, and it carried 3-0-1, with Councilmember
Castaneda abstaining and not present in the Chambers due to the activities of
family members with regard to the Espanada project and pending a ruling from
the Fair Political Practices Commission.
12. CONSIDERATION OF ACCEPTANCE OF FUNDING FROM THE U.S.
DEPARTMENT OF JUSTICE'S OFFICE OF COMMUNITY ORIENTED POLICING
SERVICES FOR THE UNIVERSAL HIRING PROGRAM GRANT TO ADD ELEVEN
PEACE OFFICERS TO THE POLICE DEPARTMENT AND APPROPRIATING
FUNDS THEREFOR.
The Police Department has received funding from the U.S. Department of Justice's
Office of Community Oriented Policing Services to partially fund the hiring of 15
officers. The program will fund up to $75,000 per officer over a three-year grant period.
Appropriations for II officers are requested at this time, and the remaining four officers
will be addressed during the strategic plan implementation. (Police Chief)
ACTION:
Councilmember McCann offered the resolution, heading read, text waived:
RESOLUTION NO. 2005-264. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACCEPTING $1,125,000 FROM THE U.S.
DEPARTMENT OF JUSTICE'S OFFICE OF COMMUNITY ORIENTED
POLICING SERVICES FOR THE UNIVERSAL HIRING PROGRAM GRANT,
ADDING ELEVEN PEACE OFFICERS TO THE AUTHORIZED STAFFING
LEVEL OF THE POLICE DEPARTMENT AND APPROPRIATING FUNDS
THEREFOR (4/5THS VOTE REQUIRED)
The motion carried 4-0.
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
With regard to Item 12, City Manager Rowlands suggested that, with Council permission, he
would work with Mayor Padilla and Councilmember Castaneda as an ad-hoc committee to
prepare a report regarding the establishment of a Public Safety Committee to be brought back to
Council for action.
He then provided an update on the actions taken to select a Director of the Chula Vista
Redevelopment Corporation, stating that a request for proposals was sent to 34 recruiting firms,
and responses are due by November 10, 2005. The Council will have an opportunity to
interview the top firms. He then distributed a list of applicants for the four appointee positions
and asked the Council to review the list, indicate on the list the applicants they would like to
interview, and forward the list to Assistant City Manager Smith by November 3, 2005, so that
the Mayor's Office can schedule interviews in mid-November.
Page 8 - Council Minutes
http://www.chulavistaca.gov
November 1, 2005
OTHER BUSINESS (Continued)
14. MAYOR'S REPORTS
Mayor Padilla stated that he attended Baykeeper's 10th anniversary celebration at the Hotel Del
Coronado. The organization is now known as Coastkeeper. He also requested a report back in
60 days on the Alpine Minot undergrounding and street condition issues, along with possible
options, and suggested that when prioritizing projects, staff consider that the neighbors have
taken the initiative on this request. Additionally, he encouraged everyone to participate in the
Chula Vista cleanup event scheduled for Saturday, November 5.
15. COUNCIL COMMENTS
With regard to the Mayor's comments on the Alpine Minot undergrounding project,
Councilmember Rindone asked the Council not to negate its prior commitment to the Nolan Way
neighborhood off ofL Street. He also requested a report back on the 1993-2005 residential units
permitted and requested additional information as to what units had been excluded and the
reason they were omitted. Additionally, although the City has a healthy reserve, he
recommended the City remain cautious and look closely at mid-cycle recommendations for
appropriations.
Councilmember Castaneda stated that a significant number of well-qualified candidates
participated in the recruitment process for Director of the San Diego Centre City Development
Corporation. He suggested that perhaps the City could save time and money by following up on
those candidates who might be qualified for the Director of the Redevelopment Corporation.
Council member McCann thanked staff for issuing the request for proposals for the Chula Vista
Redevelopment Corporation. He then reported that he attended the Veteran's Home Fleet Week
Celebration and the grand opening of the third Wal-Martin Chula Vista He also thanked the
Mayor for presenting the beautification award video, commended individual citizens for
improving the community, and asked that the video be made available on the City's web site, if
possible.
CLOSED SESSION
Closed Session was cancelled, and the following item was not discussed:
16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Workers' Compensation Appeals Board, Case no. SDO 0195270
ADJOURNMENT
At 6:16 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of November IS,
2005, at 6:00 p.m. in the Council Chambers, noting that the Regular Meeting of November 8,
2005 has been cancelled.
--i I {'bJ..-~~
Susan Bigelow, MMC, City Clerk
Page 9 - Council Minutes
http://www.chuJavistaca.gov
November I. 2005
21
Tenaciousness pays off I Down-to-earth activist in Chula Vista wears th...
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22
'rehaciousness pays off I Down-to-earth activist in Chula Vista wears the mantle of
a hlgh..tise nemesis
(6 EditiOtl)
The San Diego Union - Tribune - San Diego, Calif.
Author. Shannon McMahon
Date: Nov 30, 2005
Start Page: B.1
Section: LOCAL
DocumentTypes: BIOG
TeXt Word Count: 1435
Document T ex!
CHULA VISTA - A year ago. city officials didn1 know who Eart Jentz was. They couldn't point him out in a crowd or
describe his civic interests.
Today, Jentz. is on the short list of key players in city development
A property owner and manager. Jentz ied the highly contentious fight against Espahada. a plan for two 19B-foot-high
towers on the north side of H Street between Third and Fourth avenues.
Through the Roosevelt Street Coaiition, which Jentz founded and funds, the 63-year-old activist has argued that
high-rtses would ruin the communitys character and add too much traffic downtown.
To press his point, Jentz paid for advertisements in newspapers, sent mailers to Chula Vista residents and hired
consu~ants to conduct polls.
"Eart Is tenacious and committed. and he is willing to spend his personal wealth to push causes he believes in," City
Manager Dave Rowlands said.
Eartier in the year, the Espanada project had significant support from the Chula Vista City Council. In Augu.i. the
council voted unanimously to proceed with a generai plan for city development that allowed high-rises in five areas of
the city, including the proposed site of Espanada's towers.
Now, after months of negotiations and a petition with more than a thousand signatures opposing Espanada, council
members say they support mid-rise zonIng on the site.
As the debate raged, Espanada carne to symbolize the city's future, Opponents said high-rise construction would
destroy the city's charaoter, diSCOurage affordable housing and Increase traffic and smog. Supporters said luxury
condominiums would modernize the city, encourage west-side development and brtng much-needed revenue
downtown .
Itspanada'Sdweleper, Jim Pieri, WOUld not comment aboUt Jentz for this story. However, in June, Piericornplained to
managers at The San DlegoUnion.Tribuneabout ads Critical of Espanada that Jentz had placed in the.paper, Sllying
they WIlre deceptive.
"JiniPierial1dlcantin~e to believe in the neMta lal<e advaritag~ ~if vertical c~lnstructibn to t!rIngln the qUality of life that
cornes with urban liVing:'sald John Moot, all attorn.,y for Pieri. "Eari Jentz Isa weaithy property owner who has a very
different vision for the west side 01 Chule Vista."
Jentz, a c~ reSident, oo-owns Balboa Rea~, an agency that operates about 50 apartment buildings, condominiums,
houses and commercial properties In Chula Vista, San Diego and Imperial Beach.
While the company has been involved in dozens of iawsuits, the majority involve evictions. In 1987, Jentz was sued by a
IemUy whose ohild drowned in a pool. The case was settled out of court.
Jentz, who owns a property adjacent to the Espanada s~e, said hiS opposition to high-risEl. Is not finanoialty motivated.
"I do not view Jim Pieri as a competitor," Jentz said. "I do not objeot to a project with the same number of occupants as
iong as it is not a high-rise. I just don't approve of high-rises."
Jentz declined to say how much his campaign has cm;t, but he has shown a willingness to spend a signfficant amount
From Aprtl through October, Jentz placed anti-Espanada ads valuad at about $40,000 in The Union-Tribune. He also
pUbliShed ads in smaller publications and printed hundreds of anti-Espanada posters, bumper stickers and yard signs.
And he expanded his Balboa Realty offices to include a headquartars lor the Rooseve~ Street CoalitiOn.
Jentz has toured the proposed Espanada site with the Chute Vista city manager and councilmen John McCann, Steve
lof3
8/1412007 2:31 PM
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22
Castaneda and ,Jerry Rindone. Jentz ;s in the audience -- and often speaks -- at every GRy Council meeting that
involves zoning and high--rlse construction.
Although the debate over Espanada grew heated, those Interviewed for this story would not criticize Jentz pubiicly.
A newcomer to the world of grass-roots activism, Jentz started by creating the Roosevelt Street Coailtion in December
2004. The group. which has about 20 members. takes its name from the street that would be the main entrance 10
Espanada. The coalRion received added suppert from Crossroads II, a community group with 450 members.
In OCtober, Jentz lalJnched a petition drive for a ballot initiative to iimit high-rise construGtiofl in Chula Vista. Intended for
the June ballOt, the initiative would have allowed high~rise constructiOn in four zones of the city and required voler
approval for high-rise development elsewhere.
The Jantz cause gained signiiicant momentum after a maeting with Padilla on Oct. 3, when Jentz showed the mayor a
poll showing that a majority of residents did not support a high-risa at tha proposed location.
In that meeting, Padilla said he toid Jentz that the city would support mid-rise zoning on the Espanada site if Jentz
would stop his ballot efforts. Jentz dropped the petition drive on Oct 1 g.
The day after the O~'l. 3 meeting with Jentz, Padilla met privately with Pieri and presented him with a latter stating Pieri
would withdraw his appilcatlon for the Espanada project. Padilla asked Pieri to sign the latter, which he did.
Immadiately after they mat, Padilla want to tile City Councii meeting and announced that Pieri had withdrawn his project.
He then announced that he favered mid-rise construction at the IEspanada sita.
It is not clear what was said in Padilla's maeting with Pieri, which included the city manager and Padilla's chiaf 01 staff.
All have declined to discuss datalls.
Mo!)t; Pien's attorney, was iAcens'ed that Pieri signed a leU1!r he did not wr'ila Pie'i lale' retractad tha lattar ~ld has
<:Iaclded to mova forward with a shorter building on a portion of land that was onca part 01 the Espanada footprint, Mo"t
liaid.
Moot djd not say how tall the new project would be- Jentz said he would agree to a mld,.rise structure,
Every Saturday since October, Jentz has been arriving at Balboa Realty at 8 a.n!. and preparing materials for residents.
The tabla at the coamlcn's office is piled with clipbOards, bumper stickers and fila foldars alongside coffae and
doughnuts.
Members of the coaltiion and Crossroads II group spand the day walking around neighbOrhoods to collect signatures
from residents who oppose high~rise5,
''We support him and he supports us," said Sandy Duncan, a Crossroads mambarwho was preparing for a walk on a
recent Saturday. "He cares about peopla who could lose thair homes. He cares about affordable housing."
Jentz prafers not to walk. He doesn1 faal comfortable speaking in public. He blushes easily. His soft voice doesn't carry
across a room, let alone lend itself to rallying cries or emotional speeches.
Jentz said ha has no ambitions Of running for pUblic office. He said he never participated in a protest until the Espanada
issue surfaced. The closest he has come to civic Involvement was editing a parent newsletter for the Sweetwater Union
High School District and volunteering at HiI~op High School.
Jentz's real strength is his pocketbook.
He has hirad firms to conduct at least three polls. He has hired Rollin Bush, a grass-rools political consultant. Ha also
hired a marketing consultant. Bob Castaneda, who is the brother of Chula Vista Councilman Steve Oastaneda.
Jentz has been describad by ctty staff members as earnest, unassuming and quiet. He drives an oidar-model Dodga
Intrepid. His biack suspendars and glasses are a throwback to tha 1950s. His iow veice and deliberate walk reflact his
upbringing on an Iowa farm.
Before he moved to California, Jentz was a chemical engineer. later, he got into real estate.
Lately, Jantz looks tired. His eyes are red. Ha squints when he talks. He said he has started 10 consider retirement
"Up until now, I wasn1 ready to (relire):' he said, before his voiea trails off. "This projact takes continual vigilance. The
general plan can be amended four times per year."
Jentz has two degrees from Iowa State University. The first is in chemical engineering, the second in business. He
worked as a process angineer for Pittsburgh Plata Giass Go. and Ford Motor Co in tha '60s and early 70s.
A visit to California in the '70s convinced him tha1 weather and scenery were enough to pack up and move, which he did
200
8/14/2007 2:31 PM
Tenaciousness pays off) Down-to-earth activist iu Chub Vista wears th...
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in January 1976,
Looking fOlWard, Jentz said, "1'i1 be giad when this is ail resolved."
22
[illustration!
2 Pies; Caption: 1. Sandy Duncan (right), a supporter of the Rooseven Street Coalition founded by Earl Jentz (not
pictured), talked to F'reda Dunn about signing a petition against high-rise buildings in Chula Vista. Dunn agreed to put a
poster against high-rises in her yard. 2, Earl Jentz, a property owner and manager, said he never participated in a
protest until the Espanada issue surfaced in ehuia Vista.; Credit: 1,2. Nelvin Cepeda I Union-Tribune
Credit: STAFF WRITER I Staff iibrarian Beth Wood contributed to this report.
Reproduced with permission ofUle copyright owner. Further reproduction or dlstlibution 15 prohibited without permission.
Abstract (Document Summary)
. - - --._-....._~.- ".. .,._-~----- ......... -----.....-,,-.-,..-...-,
Espanada's developer, Jim Pieri, wouid not comment about [Earl Jentz] for this story. However, in June, Pieri
complained to managers at The San Diego Union-Tribune about ads criticai of Espanada that Jentz had placed in the
paper, saying they were deceptive.
In that meeting, [Padiila] said he told Jentz that the city wouid support mid-rise zoning on the Espanada site if Jentz
would stop his bailot efforts. Jentz dropped the petition drive on Oct. 19.
2 PICS; 1. [Sandy Duncan] (right), a supporter of the Roosevelt Street Coalition founded by Earl Jentz (not pictured),
talked to Freda Dunn about signing a petition againsl high-rise buildings in Chula Vista. Dunn agreed to put a poster
against high-rises in her yard. 2. Earl Jentz, a property owner and manager, said he never participated in a protest until
the Espanada issue surfaced in Chula Vista.; Credrt: 1,2. Nelvin Cepeda I Union-Tribune
Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without permiSSion.
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8114/20072:31 PM
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:hula Vista appoihts political novice to City Council 1 Newcomer picked...
http://pqaso.pqaTclllv~r.vUU1/~illlU!o,:;e.V-Olll.lIU''''VV~~I'' .~,~~ h'~ ~'U~A'" ___..
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Chula Vista appoints political novice to City Council I Newcomer picked over two
veterans
[1 fEdition]
The San Diego Union. Tribune - San Diego, Calli.
Author: Shannon McMahon
Date: Dee 18, 2005
Start Page: B.3
Section: LOCAL
Document Types: BIOG
T exl Word Count: 655
Document Text
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I of3
8/15120073:53 PM
ula Vista appoints political novice to City Council 1 Newcomer picke.d."
http://pqasb.pqarchiver.com/sanLilego~suo/aCCe-SS/:'1'''t.1() Y'"T-'.' ~ ."'<,.". ~,.....",.,
24
CHUlA VISTA _ The City Couhcil passed over two political veterans Friday night and appointed Patricia Chavez to the
seat vacated by Councilwoman Patty Davis,
Davis resigned from the council recently to recover from an illness, Chavez, who received unanimous council support,
will seNe until Davis' term ends next December.
Chavez, 34, is a newcomer to politiCS. She joined the city's Resource Conservation Commission in October. That same
month, she launched Chula Vistans for Civic Solutions, a community group, She has never held political office,
"This wasn't about finding the person who was the most polished or accomplished Of' who had the most technical
knowledge," Mayor Steve Padilla said, "This waS about finding someone with perspective and a heart for community
activism."
The council received 19 applications for Davis' seat. Friday night, Ihe council interviewed Chavez, Russ Hail and Dan
Hom,
Horn and Hall have each served on several commissions, including the city's Planning Commission, which is often
vlewad as a springboard to a council seat.
In their interviews with the council, Hom an<1 Hall spoke in detail about legislation and ways to improve tha city, Chavez
spoke in broader terms abOut the importance of communication and community involvement.
Horn, a public relations executive, ran in 2004 for the counoil seat now held by Steve Castaneda. During the campaign,
Hom received endorsements from Mayor Steve Padilla and council members John McCann, Jerry Rindone and Davis.
Davis endorsed Horn as an appointee to her seat
Hom said he was happy for Chavez,
"My first choice would halie been somebody with a little more experience, but I guess she willlry to do her best and as
long as she has the people's heart In mind, she'll be OK:' Hom said, "I still ttlink thai sometimes Y<lU have to know a little
bit about poities to be able to navigate it"
In the council meeting, Padilla said Hall was the most technically qualified person for the position,
Hall has 17 years of experience, havIng served on the city's Planning C6rY1mission, Economic Development
Commission and Parks and Recreation Commission.
'" think this is very suspicious:' Hall said of Chavez's appointment. "She has no credentials to be in this position as I
understand. , , . I was taid throughout this process by many people that were close to the scene that she was going to
be the choice regardless,"
Chavez declined to comment on Hall's statement.
"I don't Imow everything there is to know about policy,to Chavez said in her interview with the council, "but 1 love research
and I have a pulse for the cornrTlunity."
Despite the urging of council members and community activists, Chavez would not promise the council she would not
run for the seat once the term is completed,
"I wanted to come in with an open heart and an open mind," Chavez said when Castaneda asked if she woukl nm for
the office. "I'm not going to give promises that do not let me do my job effectively."
Chavez, a stay-at-home mother, has three children with her husband, Richard, 40,
"live never had a poUtical ambition," Chavez saki. "I'm here because I want to make a difference. I grew up in an area
where neighborhoodS were forgollen. I don't want to see that happen here,"
AbOut 60 community members were in the audience at the beginning of the emergency council session. By the end, 6
1/2 hours later, abOut a dozen remalhed. Many were disappoinled with Chavez's appointment.
"While she's a very nk,e person," said Eart Jentz, founder of the Roosevelt street Coalition, "I would heve preferred
somebody with a little more experience,"
Daliis was nol available to comment Friday night.
Davis resigned from her seat to recover from viral encephalitiS, a debilitating disease she contracted in the summer. The
last council meeting she attended was In July,
Davis said she hopes to return to public life upon full recovery.
Credit: STAFF WRITER
8/15120073:53 I'
20D
.._"..-_._._---_._...-._.,,'-_..~.....-._.,-_..-~.-.
lla Vista appoints political novice to City Council \ Newcomer pICKCU...
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....-...-......,--.- '"""'-"'--"'~-"-""'--~"--'~'-'^-"-'-"'" ".-,~..,....,-" .,-'-
Repl"Oduced with permission of the copyf'ight ownei'. Further reproductiOn or distribution Is prohibittfJd witholtt permission.
,~",__, '__m'_'__"_" ,..._, "'__~_""_""'_'O_'
Abstract (Document Summary)
[Pally Davis] resigned from the council recently to recover from an illness. [Patricia Chavez], who received unanimous
~.ouncil support, will serve until Davis' term ends next December.
The council received 19 applications f'or Davis' seat. Friday night, the council interviewed Chavez, Russ Hall and Dan
Hom.
Horn, a public relations execullve, ra" In 2004 for the council seat nOw held by Steve Castaneda. During the campeign,
Ham received endorsements from Mayor [Steve Padilla] and council members John McCa,,", Jerry Rindone and Davis.
Davis endorsed Ham as an appointee to her seat.
Reproduced with permission of the copyright owner, Further reproduction or distribution is prohibited wJthout permIssion.
8/15/2007 3:53 PM
30f3
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619 476 5379
Jul. 2" 2<107 11:0SRl1 Pl
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FArR POL.ITICAL PIIACllCES COMMISSION
',:lJ J ,~1tH.t . .slli~~ G9. SJ9r_ljI, J;h P~'JHiZ9
(9,~) S:!QS66D. l'Il. j916) ,22'!)8l6
June .1, 2006
JOM S. Moot
WO/1.t McDade Wan- Moot tv. Brow",
!l45 Foul1.'t Ibl'll\~e
SlIll Dle&",CA 921DI
l1.E' rllpli, ~~9:r<!J;M!~JI~'Jl.Il.:e 2000041
f'PJ'9 J'llt~. Steve Cast.mt>do
I).at Mr, Moo"
In '''P<>1\llC lO YOllr Publl. Re.ords ....0. lequest ,,,,,,,lvO<l on JIlJI. 14, 2006, w. n."" mode a ""\OlIable seasch
for tho malorilOla you 't<:l....tod a.n.d have ....'i.wed 1M mdlerials, The file. ..... nOw ""ell.blt (01 yWr
1.'I*'.lon or .(lOp'.' as teCl\Ic.,ed,
The Commi..lon t!'ll"gu IOj ~Il(l'"~e for oop..... Tl>ett... i31 pqu 1ll....:&1 coo, of!,'U,10, E.t>clo.cd
...e .opi"l o(th. above.mentioned I'll., likIDS "'lIb Invo'ce Number f/OI1>3 r"",.1'1 for plll'm...t.
A leo. ple_ 110" the fbllowin&;
1'..,.,..,,1 W Govem"","~ Coole S""tioll. 62S4 (f). 6254 (IG aIIII Q~5, lISwcn M EM~/ll C<ikJ!
Sections j 04O.,.d 1041, w. have dtll>l~d tII~ r.1II!\4 ofAl'll' OOnlJ>~lrootlt 'f1. any Glller il1f"",,oti~.
wl1~ woWl te'~aJllIt c:oJ'IIp!a1MnI'tldcntity IT"'" I!ledo.::......AtJ tr. the emlrnitsilln ..r""""""....'
ille file('J y~ ciVe ""u9ted
P.....uant 10 <lovemm.nt Cod. Scotion 6254 (l:),a..d C~(le o(C;\,1I Procoilu.. SCC'lion:lO II, we ha,e
deleted iltll>rmllllOn ti'om doc:url\Om., ""0 _. n.c..sey, witloMld d,,,lo,\lI"l! of doOUl'llenll ill,,,,,
Comrnif<101l enf~ flJo{s) tllaL 111'0 altOmC)' 'IN,,", jlfoducl.
If~QjJ h....J:ll)' ljUUlilW roprl!in& !hill r~~l, "lAaiw mil< !!llbl .!Ul.Ii .t\llmlle< DPVo iIld 9P!llllllllll' ~
(9l.6) 3:n.S660
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Me)~ MarA.y ~
&em1M' C""""istj"" C...-I
l!f\f",.,.,......t DWl.illl\
tllc;fC1iUrfl
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FROt''! Chl.l.li9 l)istB f'la~D! ~, (:c.u.ncil
P-IOHE IILl.
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:":19 ~7; 5379
;",1. 28 2827 11:etl;11 P4
07/26-":::0;:'7
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DIiL': MardJ31.2oo6
TO:
S\.>' Slraine, Cl-.letlnveslieawr
ElUor<..eme"l Division
FROM:
JeAIlt1t~ TUlYill. ),olj!i~ Reform y:>I\Sultanl
SDfOIX".amcnl Division
Rf"
i'I'PC file No. G6000~ ~'1d 060 159 StlIve Cl$t~""ds
Xeq"Br to CI4Sil- Faund No V;o/IltlM of'.. Ad
This Wtiill wmplwDI Cl!llle it! on J..rnary 3, 2006
allejlinglkll1 S111'" C__dl! ball. conBlct ofinwreil jn participatir.g in a flitlm:
decision. Th. oomplainw1 SllbmiUed a l'hl)t~llf>Y I)f a eomplaial ~l,. Bled willi the'
Chub Vim !:':thiC$lloard. That "OtlC fOWle no viOla1iOll of i\li dhi~$ tI.Iles 6ft6 elo",d the
mstu4', SinQil Iblscomplllir.t addJ:tl!JSt$ C~13Il69'S I\.lture decisi"n.m~ any violation
has ylll to 0CC'lll'. Thb city col.!.licil postpOll6d considel'lllioll of thi..rnlIllM \llltil such time
lIS $lfve CasIMed. Citlulcl ~cc" lIdvlee fl'QJ\'l tile 1'1'pC', ~l Di'Ji.sloll <::<lllol1mill$W$
~i1llllmilL Tllal )llvj~llllillP'" been rendcted lIlld is diseussed later ill tb.i!
raemolan~. .
On Morcb 27, 2001\, we =ived Illllldditiolllll eo",?larnl ~i:nS'l SIeve Castaneda
from lIII unknown oompllllMnt . . -' ' .
(Tab L)
.,...........c;;....
T.h' OOl1\pliUllll~!$ allo!!" mal Chula Vista City CQ\lllGil Memlx'.r Steve Cl\lJI~MIl
bllS s::,clIIl ~QTlai.oLl o{ In\orllSl thol sllolllll pn;.v@1 him fu'>m !.'~pjl'!'li>>1 jr. Q
..;;;amine EspIl1\.~ pI'Oject YGte
The Espana/lll PIQj..1l1 ~'lull'e$ all'llp<:lJJte 101m !lily'S ,en"'''' plal> tba1 would thell
"llow fort>lgb-density projectS irl some Ill'ees of the city. EspllIlada is llligh.rise
oon&>mlnill111 Jill'l!lec'l. S;>ecll1<:1lllr, lb. !SI'&lWla project calis {", t'lVt') 1 <I-SlOP' 1O"'.n
with 100 condomilliumt Iii each. I! wouldlltill contain lJ,OOO ":tU!l1C feel of retail spa.:.
cd 8,600 1~Il.ujeet for r:nOIlfIi'tt 'Psce. TheEI;p~ project would SIt on tl>e
'{)9!1/le~Jl oerrA' of4'" ...ve:nu. lilt" "If" ~et I" Chll!. Vi>la.
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I.':.n Jentz is a toW pl.c"'yttty <lwnef ""d . m.j.otcl'1"''lWl1 of thr. Espanade
1""".<'1. JI.lll'l J~n(. hG. aired.. l'u1;;lic relations fum. GIS. te conduct I'l.lblic rclo.ti",,,,,,
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Jul. 28 20~7 11:07AM P2
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poll:!: and surveys, Jobby t.he: "jty C\)lmCll and gt:neraUy promote pl,J~llc op,po!ttJon to the
Esp&ll1dl\ pro.iect.
11,~ wrnplair<1\.tlli ilJJ.~4 S~\,,"lIl pole.otiJ) ~onili~>s 9f illl~~.&!~ lID;!! ,,~:I .~l"'fl'
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JOB C'ASr."NliJIA (SU'l'tClllStoli.6a'~ b!:.M!W:l
n,e pu'bllc rtilntlcns firm. 01$, it ou.-ntd by P-ich",d Elal>cook""It:! h!t'spouse.
.-'UlOOrdir,g to Ibe l>>l'l!lllal..anl amlllews ",,;ell':!!, Bob Castal>d \..orkt for GIS II\d may
evell 00'" be 1\ )lancer. C"m?l.ill<lJ1U :Uk;. thAt Steve c..w;edl; has a oon.f!ic1 of
;nt~~t ID lhat hi. bn'lher "'lJIesenlll Eul JenlZ.
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Ulldtl'thl: .....ct. a p\ll;>lk offici&) '.lli')' IlVl p....'Iicl""'" in s so..~t:llal .;!eol.ion
th~t o(>~ld 1,.,.,3 . ",ltten&l iimr.eic,l..ffllO'l em ..,y m~ "fIIis IJf' hOt immediate f:unlll',
T!\~ AC't <:ld'lleS;1lUflediate ftlllily;G be \lif: omeial's !J>'li1Se of deJjelidelll child. (Oilll.
Code sectioo S2029.) Ibe iiblings, par;tltS. ooums, alml$ a.nQ undes, etc., arc ~eraih
IlQIIl1l ""'.J>IlOmiC inweSt \Illless they 'lfe linked by Sl>rr.e othtr financial tie. i.e., l!lSll a
source ofln.oome.
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Complllinantl poi"l~..d oul 1M! Bob CU'~ ruidod in A }.ome owned by SteVe
C~. In Nl AUli\Ist 6, 2(\05 article, llt_ Caw."Illda is ~$d saying Il\al hi'!
brol'lllf lived with him for c'>Out five m~ll'!h$ bw"l move6 out sbQUl6 to 8momlls ego Iilitl
!bat ble 'bl'Othe.r did not pay relit. ,,0 Slova C..'SWlCda ....""'ivod M ine<>ma from the
8!'fanS-Oment. (Tab:l)
U cloes lIot a:ppoar that Bob Ca.stalleclll is ar.l>\lOllomil: inwesl to Steve Cas\antlclll.
1bi$ "IllSl"'" i11l" III Cl$lU\lll.'S T!Oqvm for ~vi~ frpmlbc ClllT,miU!l>l\', Lc>g/ll
Di",jeion. Tnl:! tllIJYiee he. silloe bee:> rendered and I;Onc!udI::d thAl it 40CS !1()1 .~ Iha!
Bol> CuIAAeJa ie I Cill'l\.l~llfYil>g ec.:mom;.. in_""t t... St.ve QostaMda. ;Carr<1J1i!dl1
Advin Lener, ]W. I.06.QO!l, '!Taehed ~ Tat. 3.)
m~A1Ui SABCOeltC (all~ed bll'~~'" "..""or of !II"",. C'nDuedll}
Complainant is a!~ thill PJellarcl.Baboock, wlio is Sob C.;\talleda'. pIll'Ulor in
01S, II Blse . parmer In a butines, with. SUlW C~tmeda, To sUjl!'el1 this a.lh~l!adon,
~rnplejnll1ll pro\1d~ e l>tlpy ~f. fic;i1iNtS bl>Si,,"~ nlLmll sl~1 dAted .!vlarcll14.
1 ?Sl7, !bar show! Richard Babcook QDd SUO". Cut.llnClIa as .lelleral putrlel$ "f p,tliU"
R~~a:dt &. Jl40rketlng (PRM),
1" " ;o,w$ .w1:iel.dllW I\Ugulll 6, 2.<J05, Ste..~ Cas\e.nIlCl is qUGtcclll' hying llIti
ha nO longer work. wiili Rlt:hnrd Bab<:<>cl;, Another aniel: ~JX-'f1' Ri.llM'llB-.bcoek a.
SleV" CaitaIlllde'l lO;'met plll".nlll'. 111 ~ ,eMOO of updated fietl!IOla l>ur.l."tllSi ~
filed wit:, San DIego Co"nty, tile iictlliau. QUS;neSl name state_ filed in 1997 l!y
S;eve Castenecle and Riehlll'd Babcock cl"ing lousiness as PRM' expired 0Tl M=h f4, '
,002. (T.b 4.)
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There are nO other lietiti"". business !lame S'llllemerllS on file betwo<;n Steve
C";!ol2ll4a l!.Q,6 ?J>JJig~ El.ill>w;;l;. Wj!p'~ut limber Jr'......$tigaci9P, it dge~ ill)t ~lU' thllt a
w.ines,l: !elalionship b"lW/lt>tl Sle\'e Ca;1_dll M4 lti.bud lbbcock W3ts. If however
thN..ii tlUen"""1, S_O COSI.,..d2. wocid n~ bt l'=.ir.ed tC' participatt in decisiom if
Riehll:'d a..l>cvclI tepr~!ed ~i1"1 Jentz. he/ore tho cily coU!lCil. (CiN'"'' Advice bmr,
No.l-\n.SS6, ~t!Of:l\ed as Tab 5)
lIS!: OF z1H"n ~EET toll. tAMl"AJON I'~OSES
Cotl1pleillams fur1:ber allege SIeve C.st""oda's c::arr.pai,. <>>lmJ>it!e& llu1l176 3/d
:>;n,-.I AI ilS campaip addr~ss but the ,'am]lAiJPl sjlltetn_ do ,,~reflect eilber an
a?Cpdlll.l.~ lbr re:n.llJT !hI; receipt of A j1QMlllllle!ary wow!blltiPn in lht forll1 oj
oamp&igll sp8C..Camplai;.'1ll1 contend$ thot the ~ is oW\l6d by Hello., B&ft'O.', ,Jl!bo
is aha A pro~ 6W1lCl' wt'.r. an interest U\ the elltLMilt of tlie EsplhMfl proJect.
SJl!v~ ~l'~ ~.jne~,1, tRJ,1, jJ )9<l"~ 1It'!'Pe ~.r.m. ad!l1m. O:l.lll,
camplliF lUl.e.m!lllts.1llIlloes reflem ihe corr.mlntlil's WEWd md molllllll ~BS 1M
276 3'd Sut&t &lI'lce this i~ Ib.e lacalion <-fm: busir,:u, Uy lImal oflhe Jlremi....s is
1'fObabl)' paid fur by Ik,~ ~\1111le6. $ htlSlness ""'pe:Ile. If tl'.al\' is lilY MlIV~ilU1"" of b
non-mollfiarY oon:.ribllUQrl W '!he CIlmpaigtl cOllllllittee, it _ald be from Steve
eUlAO"da's bl.lSlw:.sl, pltM, l1!ther tblUl from Henry>>~ !he pn'.perlY OWIlCt.
We ms;v have e Cmlplli~D reportin~ isnlt in thIl! the eill"l'lJ"alfl!l eom:m.i1.1ee should
have reported .. l1QO-monl:'tlllj' contribll1ion i<<;elvea trolll PRM. But lhls doCll 11'>1
plPYld~ Jl1_Jl9.mJe iIlim.~ 11; ~ BIlI1PJ. Thi.!t ~ an J__ for lb, ~ttll1ll~l I>r
inltrllS1IlMlYois.
HENR\' BARROS
COtl1plall1&l'll further alleges toil\! SIeVe Castaneda has. _filel in tbaIbe end
Henry Ban'OseO-<>vmpiO~ .132 J SUee! ill Chu.la Vislll. Accon:linS t~ AUlOtrack,
tl:is propel'lY wa, p\D'ehuod 11\ Jill)' 200S.
1JlllkIlk.hi:!, p ~ pfflml sl_ JIl)S hI'l" JIIl_llPmle ll>llf,ll~ iII.1l1Y penon
who CO~'M1lt P'l>petIY witb !be VJblIt Dfljcj.al. (WhU_ Nhice Lelti:ir, No. ",,9S,14S,
a;u;.'>ed lI$ rab6.) Thi.lIIIlllioMIHp ~Of:S DOl OOilV4!Y.llIl9GonGtnic IIll:ttlSt it! H~ .
lhfTolC. SIeve CLWilillda <!Q<;S ncwtlltr l....e All ~llOlllie wereS! in the property ;\lJelt
Accord.inlllo Mapqllesl, this proJ>C1tl' IA l~ated at: eS!1_ted l.2 :niles from \he proposed
~spllll3d~ prQjeel. Th. prvi*TY at ..2 J StrHl tS 1I0t close enough in proximity to
EspMada 10 pose a conflict ofinle:rest (l><:;yond 5GO feel). (Tab 1.)
CASTAmOA RJ!:SlOltNCEj>
For mriSI (1f 2005, $\avol1 ...,J Lorana Cll4W>cca ,ellid~<1 ,,' 1501 A"lllti<l. R.w.t In
Chllla Vb.. III 11l.llu.f 2Q~, 1M Cll$llinedllS sol:! 1hlue$llli:llWl0 R~l .. F,~Ulliul
FF'O~ : Cruia vista 11a~ot. &: CC1LV1Cil
Pr<ltiE 110. ; 619 47& 5379
Jul. 28 2027 11:07AM P3
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Qreel). This re<idenc~ ,s IDcated approximately 4 milts from Ibe prO]>OsW,Espanada
I'T9Ject (Tab 8.)
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:m NO'lcmi>!',t 2005, 1M C..UI1:edu bC'-'ib1 a residence ill 785 E. fl.)>l., Cow1
'iI'Ilhin Ih~ Q:ta,y RIl."cb ;ubd!vlsIM. The existing ,..sidcilC~ '" ;I'stlos. 1lI... foIlr miles
nom '!he f'reI'CIBIld Es?"".::!.t j':'(>j"ct. (1".\\1:> 9.)
1t does not appelll' lllliItlly "fthe Caslal'lods'S !"sidenees wen: of dose tII'lDll~b
proltimJlY to be a contlie! of inteftsl for Steve C~.llfieda, (lk~ Tabs 6, 7; S llJld 9,)
Sjnccthe vote 011 the E$J'lIIIadal'rOJ~t wu dclriyed pendinf teceipl ...fthe advic.e
rendered b) V>~ !$g~.l Pl\'lj;on. Iht;elUlO j)2!I oonduc:tissue relative to lbuc
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of me C;;hlillt Vlsl.!l City Co~1 W=,"", ",,,;.,,1lIll ff# 1ha 2005 e.lendat)Ul, Then were a
few ins'lbtlees ",Lei.. Steve Castalleda v.olUlllwlly abstlliud frDlll parUPlplltins ill .
dedsiDIl$ due l~" poslli"\>le cOll1liel of lnlere!:t. In twO b"d..a:lCe.e, Ce$lancda alo$Wnlld
durlll' me public hea:ri lie portion of two 6tlinquent t1l.'l( lISlIlI$5melll itlclle.1luI !bell
partiCipated in fh. aeroal lIotes . montlllaW. 1 spokt wijli A!!IiS11ft1 Ci1)' AliGmey
Elizabeth Hull eonee!1"lllJ this lIl1d she illdk:.Ied!bat CaSllUl~'s next door nti&bbor_1
PM 91th. propci1}' cwr..c;r. wbQ "", de)inqllctt! ill p8)'L'lJlIIXIU and would be aif'llCIIld by
!he fim so c_ada abstained during the l'ublie llearin!l' That neie,hbor paid his or her
uu 'In !he prOJ>~y tltrare me i'lem we., on the following 1Il0mh' s aa8Jl4a.
I '"omml:l'JQ Ihat we 0:10'"" this ,Uliei' sinee IhIlrl: .cIoeCIlO11ll'plllll 10 " ·
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pervisor~swite-seeks mayor's job I Cox: Chula Vista needs 'open' leade... http://pqasb.pqal'cbiver.com/sandleg()-SUbJaCCeSs!~'jL.o..J-lO"U .UUIU ,....J-~.~...
27
Supervisor'S wife seeks mayor's job I Cox: Chula Vista needs - open' leader
[R,S /Edition]
The Sen Diego Uni.on - Tribune - San DI~go, Caltt.
Aulhor: Shannon McMahon
Date: Feb 22, 2006
Start page: BA.R
SectiOn: LOCAL
Document Types: SlOG
Text Word Count 621
Document Text
""",-,-,.,,,,---.'.'-----."
Edttions vary
CHULA VISTA" Cheryl Cox, a trustee for the Chula Vista Elementary School District, yesterday announced her bid to
becom~ mayor.
Cox, 57, will run against incumbent Mayor Steve Pedilla, Councilman Steve Castaneda and local businessman Ricardo
Macias in the June election.
Cox said she believes the city needs a leeder who is more "open" and "accessible." She said Padilla's management
style has undermined public trust
"I never thought I would be in the position to raise my hand and say, '1 wantto be your next mayor,''' Cox said. "I'm
doing this for one reason: to restore trust in Iocai government"
Cox criticized the mayorS hiring 01 a personai bOdyguard; his appointment 01 councilwoman Patty Chavez; his
acceptance 01 a stipend lor serving on tlle Chula Vista RedevelOpment COrp., whiCh has not met; and his handling of
the failed E-,paade project, Which caited lor two luxury hlgh.hse condominium towers on H Street
"I think this is a bft of an overreaction to having your reservation deposit at the Espaeda high-hse condominium
canceled: Padilla said of Cox's decisiOn to run. "Chula Vista Is better off than it waS four years ago, and I dont think we
want to go back."
Cox said she had reserved a space in the Espaeda towers as a piece for her daughter \0 live.
COx, a Republican, is the wife of former Chula Vista Mayor and San Diego County Supervisor Greg Cox. She has 30
years 01 expetience as a teacher, phncipal and administrator in South County, and bhefly ran the phvate Harborside
School in downtown San Diego.
"i have believability going for me," Cox seid. "People know me. ti enough people believe In me, I'll be No.1."
Cox first entered polltlcs In 2000, when she was elected to the Chuia Vista Elementary School Olsthct bOard. In that
rece, she received endorsements from the Chula Vista police end firefighters unions, then"Mayor Shirley Horton, former
Councilwoman Patty Davis, Chula Vista Elementary School District supertntendent Johil Vugrln and her husband.
In the race for mayor, Cox has net yet received endorsements.
In eddftiOn to serving on the school bOard, Cox has run a government and education relations consulting company since
1995. Her company's projects include working wilh school administrators on taacher improvement plans, getting schools
accredited and helping developers through the permit process to get projects built
C9X,I'{hO i$ exp!Jljt<il\J to r~ceiveeodorsemeots frorilloc~ldeveIOper$,CtitlcizedPadilla's "bacK room" handilng ofthe
ii;spaada pmj"clRactllla originallY S\!PpMed the project but laWwilhorew his bacKing during a <liosed,door mee.ting
With l$aplledadevelOper Jim Pieri. At that meeting. Padilla gave Piehapte'wrlttenlettarto sign that said he would not
develop the site.
Citing pending litigation, Padilla and CIty Manager Dave Rowlands refuse to say who ",Tote the letter and why the issue
was decided abruptly and without public knowledge.
Through his handling of the divisive issue, Padilla "has mede II very precahous for the next developer lOoking to come to
Chula Vista," COx said.
Plertattended COx's mayoralaMouncement cerehiony, but said he had h6tdaCided whetnerto offiCiallY support her
campaign, Members of Crossroeds, a community group that opposed Espaada. also attended the event, saying their
focus was Opposing Padilla rather than supporting COx.
"We're just so anxious to hArn ovar the city government and to get Padilla out," CrossroadS member Peter Watry said.
811 5/2007 l :04 J
10f2
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:pervisor'swife seeks mayor's job I Cox: (.1lltla Vista needs 'open' leade... http://py'a~u.p\..!.(u'''''I1l\''''''~,''''v,,,,, ~~H~'-O- moo_..
27
Cox said she questions Ihe mayo(s hiling of a personal bodyguard, saying Pa,filla should have made his colleagues
more aware of safety threats if there were any. Although he is no longer protecting Padilla, the bodyguard is stili on the
payroll as the city tries to terminate his contract.
[lIIustratlonl
1 PIC; Caption: Cheryl Cox
Credit: STAFF WRITER
Reproduced with perr'rlisslon of the copyright owner. Further reproduction Qr distribution is prohibited without pel/mission,
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Abstract (Document Summary)
......_...,,____.~._..m. _._.. ...,._._......____m.........._.
Cox, whO is expected to receive endorsements from locei deveiopers, criticized [Steve Padilla]'s 'back room" handling
of Ihe Espaada project. Padilla originally supported the project but latet withdrew Ilis backing duting a c1osed-doot
meeting with Espaada developer Jim Pieri. At that meeting, Padilla gave Pieri a pre"wrttlen letter to sign that said he
would not deveiop the site.
Pieri attended Cox's mayoral announcement ceremony, but said he had not decided whether to officially support her
campaign. Members of Crosstoads, a community group that opposed Espaada, also attended the event, saying their
focus was opposing Padilla rather than supporting Cox.
Cox said she questions the mayor's hirtng of a personal bodyguard, saying Padilla should have made his colleagues
more aware of safety threats ff there were any. Although he is no longer protecting Padilla, the bedyguard is still on the
payroll as the city tlies 10 lerminate his contract.
Reproduced wIth permission of the copyrlght owner. Further reproduction or disltihutlon 1$ prohibited without permission.
201'2
8/15/2007 1:04 PM
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J '" J~', ;,:'U \I ,~u 1 0::: I. ,. ',J'); ',)j ;, j 1 \.. '.:' ( {<
open mee~;nvs law W)','i/ ha~. t "~
lj'oa"rd studs i:lil the que:;,tiCIT! (,t
bow mur'J-i H(CfJ.';!~ the pn:'~ss tn',j
public should h"IV('> 10 (ht:. dcr ",
et"f:ltlve prtH'{'SS of the Ethi
board.
The OJHl.P laint, WitS filed f<\'
if)ngtli'UeChuJa Vista coOUn\Jli\-
ty activist Peter Weary agdtnc.;1j
Chula VisTa ]\1'ayor Steve Pad~J-
la
VV':1try (~J~('ii{eS thai ;'131"'"'1 (,f the
process by whicll Pat.ricJ:1
ChClVtZ W~!S selected to fill ~ )i('
lJ i'.;,d "";,L',:'.l. ~
",i..; i~; 2/,lv~si.r:.g the ~-'-,
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27,,(1"1
gEE nHIGS, ?A.tiE 12
City's former first lady wants to be mayor
CHERYL COX ENTERS
CV MAYOR'S RACE
By Patrick Heard
~rAJ:!) \VRrnm
Ending months of specula t ion
among South Bay pol.itk.l ob-
servers, Cheryl COlt has 311-
nounced she has decided to run
f(lr ITwJ:~~J! of Chuh~ Vj~;ta
CO)\, ;)i, made [!"1(~ .HH10UfH,"('
ment Tuesday a.ftE~rnoon at the
Galley Restauram '11 the Chul"
Vista Marlna beftliT about 7:)
sllpporters.
Cox said she bl'iieves ChuJi)
Vi'l!a Mayor Steve Padilia has
losl the confidence elf voter". and
that she will help re-establish
puhlic truSl j.ll city hall
"rrn doing this far ,om- l'(',W;OT1,"
ROu.ovER
M!fJrni1l!Cl<fJlHtf-l
,ol\lle II\d lire C:11!'fi:t. r~IlQndw! to ~ f..m-~0hicle ~eeid9l1t nn Olaw la~"s
Il..d~$t Il'f lI~nte PmMIWW ill MI\lltlay_ 8:lll:l<1lJi~la M!ig!1tm ex!rl'
. il~~~ar'llill ~li'ef t! 1M ~it~llp tmm llIe ",~!tz<!J~, wlm \Ij~~
~tIit.IleS!l!I~lIw' iierey lllt,
C r.; ~1;'dd. "1 \Vant \0 rp~"t(Jn::' 1,:nJb
Ii: i.fU,S,,! 1n 1'lJvernmem"
C(}x. cur;'~ntly serves un thf'"
BOiHli of Dl1'H:-~~rs of the Chub
Vi;sta ~1('m('nt3ry Sf.hoo] Dis.
tnct SJ'ie \va.:; elocted m NO'VCH\
lwr :-::;OUO. She \}Iras rcd~.(t<-'d in
2004. lier H'Tm expitt's in Ik"
cf.mber 2008.
She is the wife of S;,~n n1t'f~(1
C();;j.nty SUi)t'fVisor (~tt'!l ('('iX.
\lo'h(j a.l:;o ~-;erVti:>fj ,ll:', ni.;:-:ynr {it
C1mla Vista from J982To1990
~ 11 ;littH)U l'!dfflH her dec!'"inn,
C.ml dh'~,] v; hat ll,:-ts ht"C.OIlil' a f.::
wdhr lil,;-nIY of compbtlLt~
;Jg(~in'Si dW'!'Il;:tY(i!': Thi' l'i-ll1ld lip-
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ity
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the sign~lures of registered i
c;lwla Vista voters, 0,. about I
g,6l)O ~ig~tures. !
Tho'tY tiln',:d in 1119'", ."!g,,.
tures to the c~ty d0rt..:.. ::~~:.~'-: ;;";
1.'", }muary
13m the" the Chllla -vista <Aty
'lent's aUk"" told petition t<,.-k.
.S they needed the ~l:l"o..;.a.h'"
of15percPtrtofrrP."lZi~~h","J ::. _~~,~
Vh1t~ VQ'(~P~ }1p-r ..:":...* tnI' . ,....'~p
ure ~'llfl ~l""e!:d tt"'~('!t:/3.ctlar.
it:r. :..io tt' hhY ::.-c(wres petJtwn~:
gatherer, collect signanm,s
from 15 percent of a city's reg.
istel'ed voters in ordeno change
~1 city's charter.
Uf-
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>er.
ty
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td
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Feb.ll
1:48 a.m.~RQbb!lryitnd as.
salllt with a delldlY'Weapt>n ~t
Fourth Avenue alldG Street.
The vktim w'.u; p." hy sicaHy at-
tacked by three nWe sUspects.
The suspects sn-uck the vie.
timseveral lime$wlllletrying
to liet his pl'Opel"ty. The victim
was knocked to tb$; groulld by
a blQIV to the back of the lleek
by allllnknown objea, P<l/lllibly
a pipe,
5:48 p,m.-Asnuh with a
d.w<lly weapon .t Melrose
Street lit TlIlus Strl!(!l:. A firht
0CCiln'ed betweetlc~s ill
l'tWl YEihiell!$, Obef!l j ,_t was
al'llled Witha lItIekllDd lItmck
!hevletill1.
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27
entry; Cox (lar right) announced her plans to run fOF Cl1ula ',iSla mavor al a
Hews c0!1ferene9 ~il Tuesday. Cox is married ta Coumy St1DHF~isor Elml fonml!
Chu!a Vista Mayor Greg en
CGii.
r.1;~r:I:.. ;:.U fROM PAGE ~~
off to r;~jst. !O(.ltH'v i!\ mmd:H'or cd
PE(/Pli-' eou 'ld Of: ....r-.('n \v ri t i I!}.;:
ch(:c!\s.md pla(,1tip llwliI in I ',;::rJ1
paign ClJtllribullon ('!lvel[jpe!~
T1H'rc were 'S<:veral ;ndic';11(;.f'"
;I:'j :to'.'.' IHJ,1!;:r ht' baddn~ C~j\ 11i
lwr bid f() ttns(:.at J;'adilla.
Thr- .UlIHHll'l('("nwnt (}1 C~.i:,,'
press (Onkrellt"{< Tuesdavwas
distrihLH~'d vi;-! f...mail trc,m <:In
(,'mpioy~"(' ot ltw Mountain VI/est
UI'al~'y_J'nuii fJi-t:'t"i, prt~sidelll <llfd
CEO <If Moun'",n West H,'"ltv.
also) "I rend.,,] Cox' kickoff rally
He said iw ha,~;n't madl.3 up hi-s
mmd ~Tt ;~'..: i', ,-"j !:Iii.: j,didal('
lif'midlr'.;llpi)',rj
f"m 11:,,1I'l}P,F iJr:'h: ,}';.'';'' '~l:
'. "',
"-\'i("V'liJI~ ""','r.\'u~)\i:, ;" ';',
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em: 'j;lU-; '.';,--)1.,1 i'" r: hi
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"IC(' filS' l b.> ~ fl,i\, tf' i-k.~;jd~ ",
P,:dll];j xIJ.;! ;,f"li"!,;:'i,' (.d h~.
w,';ti(d '';h.k II'i:('(,~I':" ,dy i;~"I'
'o'l',n" el:'.';;, Vi-.!;-I \'i~1 ;IH1il.11
man S1'I'\'f' Cii",!;11':>."1;, ;;;i:;, ;,d'-.<;
,WIlIJLHH,'("d his. !hkll~Hln 1{j ni!!
PetTa BdLtj;I~' ;jl'mfJ~IIH'ed sh". 1<':
\;;vi'ilching h~'!" '-igln::; !nfil1791h
/\s~;i<mbh' H.' tJw m::~}'~i(S sn!l
alHI ~~oliti(";jl nt......('~.;['nE.r h ich;ll','j
Ma.das. .an Ea';t[;.lIH~ 'businf~S""
man. h~1S ;;:I:;u ;HUHfUnCi/'d he in
t(~-nd,;,; io !4-t'1+ dw x.oat
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29
You're Invited
to II tBttttIfut ~ to mm
c~ftr:MdJot'rifC'uIit ~
Cheryl Cox
lFritfay, !May 19, 2006
fmm 7:30-9:304'"
'fNU(IiySi:IJtt !/IIi41M/XItdrfif ~
r# tM Iitw uJfwu ~
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C'*JlClltiJr~. )QI1lllIJ'1IIllIJ\llJf_1o
ll47W1rod8orClrd8. ClIoI8 VIGID, CA ll'l910.
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30
Chula Vista delays voting on condo plan
[S Edition]
The San Diego Union - Tribune - San Diego, Calif.
Author: Shannon McMahon
Date: Apr 5, 2006
Start Page: B.1
Section: LOCAL
Text Word Count: 679
Document Text
CHULA VISTA -- To the trustration ot several homeowners and tenants, the city attorney said yesterday a vote on the
final guidelines for a condominium conversion in the Sunbow neighborhood will be indefiniteiy delayed, pending a
review by the state attorney general.
The decision affects at least 42 tenants and 53 homeowners who have started rethinking their moves to or trom the
complex, called Sunbow Villas, which is being converted from apartments into condominiums. Many homeowners had
planned to move into the newly remodeled condos in late February.
"We're upset," said Kim Brown, who expected to move into the complex more than a month ago. "We think this is unfair
for us and the other people who are suffering in the process."
The City Attomey's Office delayed a vote on the item for three weeks while it in""stigated a possible conflict of interest
involving Councilman Steve Castaneda, who is a renter in the apartment complex.
The council approved an original version of the conversion plan in March 2005. That plan included a "supplemental
agreement" that required the developer to provide renters relocation benefits of $1 ,000 and refunds of their security
deposits, among other things.
Assistant City Attomey Elizabeth Hull said last week that Castaneda did not have a conflict since he moved into the
complex in August, which was too late to qualify for the benefits and after the March 2005 vote.
Still, the draft that was expected to be voted on by the council last night excluded the "supplemental agreement" that
contained those renter benefits.
Several tenants and tenant-rights advocates spoke at the council meeting last night, urging the council to include the
"supplemental agreement" in the final guidelines for the agreement.
"i don't understand why you would throw these protections out the window because ctthe poor judgment of one council
member," said Roxane Auer, a Los-Angeles based tenant advocate who has been representing several Sunbow
residents since October. Auer said tenants face increased uncertainty if documents securing relocation benefits and the
reimbursement of security deposits are not included in the city's official document.
Managers from Pacifica Companies, which is developing the Sunbow project, said regardless of a "supplemental
agreement," the company will give relocation benefits and security deposits to tenants within 10 days of recaiving their
notice of intent to move.
"Anyone who moves out will get that," said Project Manager Richard Campbell, who argued that Pacifica is also a victim
in the delay.
Eighty-eight units in the 202-unit compiex have been upgraded and are ready to be soid as condominiums. But as the
delays continue, Campbell said, home buyers have canceled their reservations.
"They do not want to wait for such a long time," Pacifica Regional Manager Rajib Sengupta said of potential condo
owners. "We lost six buyers last week."
Castaneda was not sitting on the dais last night during most of the discourse involving the condominium conversion.
Castaneda did not return a call seeking comment.
Last week, Castaneda said it was never his intention to inconvenience homeowners or tenants and said he was only
renting the apartment until his wife chose a home to buy.
"We all have to recuse ourselves from votes sometimes because of where we live," Castaneda said. "I don't want to
create problems for these people, but I have to go find a place to live."
Castaneda did not have to recuse himself on the original vote of guidelines for the conversion because he was not yet
living in the apartment.
The potential cOhfiict of interest stemmed from a section of state government code 1090 that prohibits public officials
30
from voting on any issue that benefits them financially. Under certain conditions of the code, if one councii member
stands to benefit from a vote, other members are prohibited from voting on it.
The govemment section code says, "Members of the Legislature, state, county, district, judiciai district, and city officers
or employees shail not be financially interested in any contract made by them in lheir official capacity, or by any body or
board of which they are members."
Credit: STAFF WRITER
Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without permission.
Abstract (Document Summary)
The City Attomey's Office delayed a vote on the item for three weeks while it investigated a possible conflict of interest
involving Councilman Steve Castaneda, who is a renter in the apartment complex.
"I don't understand why you wouid throw these protections out the window because d the poor judgment of one council
member," said Roxane Auer, a Los-Angeles based tenant advocate who has been representing several Sunbow
residents since October. Auer said tenants face increased uncertainty if documents securing relocation benefits and the
reimbursement of security deposits are not included in the city's official document.
Castaneda was not sitting on the dais last night during most of the discourse involving the condominium conversion.
Castaneda did not return a call seeking comment.
Reproduced with permission of the copyright owner. Further reproduction Of distribution is prohibited without permission.
~....
May 26, ~:006
Executive
Editor:
Car-!:JS Davalos
427-3000, 102
editor
@thestarncws.com
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Documents received by Thr!
Star News show that: council
membt'r and mayoral c,ludidate
Steven Castaneda made $65,O(J(J
with partner Henry Barms, an
area developer and a long~tinH'
campaign contrihutor. which he
did not report on state disclosure
forms.
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lnnd deal (~xeeuted htst y(~nJ'.
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principal (;oauthor of the Politi.
cal Reform Act of 1974. which
sets fonh the conflict disdof~\ln'
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qUired to rt1)ort the income ~lrrd
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.;w t)ld('f l~'llmv Whi)'S(11'dl(-d thl'
prup"ny for;1 bng timt", and tll"
n'::dll'd 11 pOint in his:;f(. W}j;'Y:.
Ill' klr tHo' W;1fJf{,d to :.d! il h'i'
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W:,S. !,!t(-T discov~'n'd on lh('
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31A
Chuta Vista to investigate complaint on Castaneda I Allegations refer to 2005 land
deal
[S IiEdItIOfl}
The San Diego Union - Tribune - San Diego, Calil.
Author: Tanya Mannes
Date: Jun 15, 2006
Start Page: 8.1
SectIOn: LOCAL
Document Types: INTERVIEW
Text Word Count: 1123
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Document Text
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CHUI.A VISTA __ The city's Board of Ethic.s wants to know more about City Councilman Steve Castaneda's dealings
with Chula Vista businessman Henry Barros,
The board met yasterday to discuss a complaint, filed by a Bonita man June 5, that references a 2005 land deal in
which Castaneda and Barros purchased a vacant lot, and then sold it five months later at a $65,000 gross profit.
Alter more than 90 minutes of discussion in closed session, the board voted unanimously to refer the matter to the state
Fair Polifical Practices Commission and the San Diego County district attorney.
'There Is probable caUSe to further Investigate Itlls complaint," Vice Chainman Christopher Seartes said, reporting the
resutts of the closed session.
Board Chairwoman Karen Batcher was absent. All other members were present: Searles, Guy Chambers, Felicia Starr
and G, Michael German.
Castaneda did not attend the meeting, He said after being informed of the outcome that he was surprised the board
dldn~ ask to hear his side,
"It's confusing to me,' Castaneda said, "I really wish they would have asked me to provide Information before they
involved other entities in an investigation."
Castaneda and Barros purchased a vacant lot at 40 L St. for $305,000 on July 14, 2005, according to property transfer
records, They sold the property Dee, 12,2005, for $370,000,
The men have known each other for four or five years, Castaneda said, About three years ago, he lent Barros $65,000,
which Barros paid baCk, he said, The money was to buy a property somewhere in the county, not in Chula Vista,
Castaneda said.
Castaneda suggested that the complaint __ filed one day before the primary "Iaction, in whiCh he was running for mayor
.. was 'a political ploy." He came In third,
The complaint, filed by Mark Croshier of Bonita, alleges that Castaneda's business relationship wtIh Barros was a
conflict of interest that should have been disclosed when Castaneda voted in December on the city's General Plan
The General Plan sets areas of toning and thus affects the value of land in Chula Vista.. including seven properties
owned by Barros,
The complaint states that Castaneda "is beholdan to Henry Barros, who has a substantial economic interest in how the
Ctty Council votes regarding the General Pian Update and other zoning issues."
Croshier, a retired Chula Vista police officer of 28 years, said he considars it his duty to speak up when he believes an
elected official isn' demonstrating Integrity,
'I'm not gonna let anyone take down this city that I gave my blOod for," Croshier said in an interview,
The Board of Ettllcs does not release compialnts, saying thay are ocnfidentlaL The San Diego Union' Tribune obtained a
copy from an associate 01 Croshle(s,
Croshler alleges in the complaint that Castaneda profited from the deal with Barros, aithough Castaneda dldn~ put up
any cash, a claim that Castaneda said is "completely false."
Castaneda confirmed in interviews that some statements in the complaint are true.
For example, the complaint states that Castaneda failed to report the Income from the sale of the vacant lot wtthin the
FPCC reporting period, which Castaneda acknowledged.
8/16/2007 10:54 A
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;hula Vista toinve'iigate complaint on Castaneda I Allegations reter to ...
31A
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Castaneda filed updated forms lasl month In which he reported the income.
He also said that he borrowed $98,000 from Ba,,,,s for the land deal and regretted thai he did not disclose that loan
befOre voting on the General Plan.
Castaneda said the loan was at an annual "market rate" of 6 percent, the same rate that was being charged by
commerciallendiog institutions. He didn't think he was getting special treatment, so he didn't think it was a confljct of
Interest, he said.
He said he spoke with a deputy city attorney belore the General Plan vote.
"When I talked with the attorney, I said I own a property with Barros," Castaneda said. "She said, '00 you have a direct
benefit from any of his other properties,' and I said no. I didn't teil her I had a loan at market rate, which I shouid have."
Barros oWns seven properties In west Chula Vista, inciuding the former Lions Club building. A databsse search turned
up 24 Barros real estate transactions in Chula Vista in the past fIVe years. Only this one involved Castaneda, who
serves on Ihe council part-time and IS a transportation consu>>ant.
The deal was Initiated by Barros, who said he spotted the low- price listing and jumped at the opportunity.
Barros said he had put the lot in escrow, intending to buy it with other parlners who later backed out.
"I dkln't have enough cash to close," Barros said in an interview. "I was in a jam because I didn't have the money."
He approached Castaneda, who agreed to go in on the deal.
The Iwo planned to borrow 100 percent ollhe price of the land, they said. The partners ran into a snag when they
learned 1hat a lender would finance only 50 percent of a vacant lot Castaneda said he didnt have the cash lor that kind
of deal.
Castaneda ultimately agreed 10 put in $55,000 and borrow $98,000 from Barros, totaling a $163,000 investment He
disclosed the loan in FPPC lorms.
Barros paid lor the property, putting up $153,000 cash for his end 01 the deal, plus the loan to Castaneda.
"I usually go 50-50," Barros said. "In Illy mind he was taking the risk just like I was because the property was the
collateral."
Castaneda mede loan payments to Barros in September, October and November, upping his cash stake to $85,000,
according to canceled checks.
When the land was sold in December, each received a check for $171,583. according to records.
Castaneda paid off the remainder of his loan to Barros, along with $2,445 in interest
That left Castaneda with a net profit of $16,638. Castaneda dldn1 report the income during that period - "a mistake," he
said. . waiting until May 30.
The complaint also contained allegations about Castaneda's campaign office, which was in ranted space in a building
owned by Barros on G Street The complaint claims that Castaneda didn't disc 'lose the rent paid during the two months
he used the office before the primary.
In fact, Castaneda did report the rent payment of $900 in forms filed May 25 with the FPPC.
This is the second complaint that Croshiel has filed in the past year against Castaneda. Croshier asked the ethics board
in June 200510 determine whether Castaneda would have a conflict of Interest in voting on the high-rise project known
as Espanada because tihe councilman's brother, Bob Castaneda, was a paid lobbyist against the project.
That complaint was dismissed for lack of evidence.
Credit: STAFF WRITER I Union-Tribune researcher Anne Magill contributed to this report,
._~_.____._____".__~,_._'..._~...._.__._._~_~. "_~.__,_______",~_".,_~_.,,,_..__._"____,_~.....,,__..~_.._,.__.___._..__~..~_..,.__'.m__'
Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without pemllssion.
Abstract (Document Summary)
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8/16/2007 ]0:54 AM
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bula Vista to inve~tigate complaint on Castaneda I Allegations refer to ..'
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The men have Known each other 'for four or five years, Castaneda said. About three years ago. tle lent [Henry Barros}
$65,000, which Barros paid back, he said. The money was to buy a property somewhere In the county. nol in Chula
Vista, Castaneda said.
The complaint, filed by Man< croshier 01 Bonita, alleges lhat Caslaneda's business relationship With Barros was a
caNUcl of interest that Should have been disclosed when Castaneda voted in December on Ihe city's Generai Plan.
Croshier alleges in the complaint that Castaneda profitadfrorn the deal with Barros, although Castaneda didn't put up
any cash, a claim that Castaneda said is "completely false:'
Reproduced with permission of the copyright owner Further reproduction or di6tribution is prOhibited without permission.
8/16/2007 10:54 P
3 aD
~hula Vista counciYbusted budget~ report says I Padilla caUs study a potl.._ hUp:llpqaso.pqarcmveLCUHUlSaIU.Uc::gv-Mlllla..,,,,,,,,,,,::,J -1 I. JJ ,l.....,.;..v"-J, .~u.J.UJ' ...u.......
32
Chula Vista council busted budget, report says I Padilla calls study a political tool
{S, C Edition]
The San Diego Union - Tribune. San Diego, Calif.
Author. Tanya Mannes
Date: Oct 28, 2006
Start Page: B.4.C
Section: LOCAL
Text Word Count: 743
DocumentTel<l
I 01'3
8/14/20072:26 PM
hula Vi,ia coulld] busted budget, report says I Pattilla calls study a polL
http://pqasb.pqarchiveLcomJsandiego-sub/accesS/l 153 I 5262 I .htn11?did...
32
'!Editions vary
CHULA VISTA _ In a report released two weeks before the Nov. 7 election, a taxpayer watchdog group is attacking the
City Councit for what it describes as a "self-Inflicted fiscal crisis" caused by overspending.
TaxpayersAdvocate.o19 President Scott Barnett analyzed Chula Vista's budget documents and concluded that the
council busted Its budget four years in a row while racking up more debt.
His report, tilled "Chula Vista - The Looming Fiscal Crisis," was released Wednesday.
"They are just out-of-control spending, based on the numbers," Bamett said yesterday. "The revenues have been
fabulous and they're stll spending more than they're taking in."
Mayor Steve Padilla, who is running for re-eiection against Chula Vista Eiementary School District trustee Cheryl Cox,
blasted the study as a potitlcal tool.
"This report contains as many misrepreserrtations and mischaractelizations as the campaign they're supporting," he
said. "The person who produced it is the past president of a right-wing political organization that is spending thousands
of dollars, as we speak, to support my opponent."
Barnett served from 2001 to 2003 as president of the Lincoln Club, a Republican donor group that spent $34,135 this
year supporting Cox in her bid for mayor, according to campaign finance disciosures filed Thursday and yesterday. He
said he is no longer a member.
The budget has been a hot topic in Ihe mayoral race.
Cox has made the budget a main issue in her campaign, criticizing the city for "blowing through" miltions of dollars in
reserves since Padilla was elected mayor In 2002.
Padilla has defended the reserve spending. The city dipped into savings for several reasons, inciuding a $5.3 million
reduction in revenue from the stale over several years, and for $2.3 miliion to buy property for the new Hartlorside Park.
The reserves are currently at 8 percent, which he described as healthy.
Cox said the study illustrates the need for a "deeper anaiysis" of the city's finances.
"One of the reasons people support me is that they want to know if aur elected officials have spent our money wisely,"
Cox said.
Barnett, who was executive director oflhe San Diego County Taxpayers Association for seven years, iaunched
TaxpayersAdvocate.org In Mayas a "nonpartisan watchdog group" on issueS of government finance. He said there are
Democrats and Republicans on ttle group's board of directors.
Barnell said Chula Visla'S spending has consistenUy outstripped heatthy revenue growtl1.
When revenues exceeded the city's own projections, Chula Visla spent that money, then tapped into the reserves. As a
result. the city spent $21 million more than it took in during the past four years, according to the study, Which is based
on the city's budget documents.
Meanwhile, the city significantly increased its debt, pension liability, salaries and payroll, Barnell said. He said the city
could be forced to raise taxes or cut spending "to address tllese alarming fiscai issues,"
S(jrnefindings in .lhert;>pOrtecho a presentation thatf"lfmt;>r City CoUncilmmn John Moot, arid cOmlilunity activists Russ
Hall and Kevin O'Neill. made Oct. 17 during public testimony to the CityCounoil.
OVdlll;lthaqiresslltatiOh M\lot displayed large p9\\lel bOard chertssliOwing year-over,year budgelcomparisons. Hall,
MootahdO'Neiilare suppbrtingCox Iii her bid for mayor.
CityCouriclirl1an.JOhn-MCCalin, Who "",dorses Cox, said the report supports hiS own conclusions.
"I lake the study very seliously because I had some Of the same concerns during the June budge1 hearing," he said.
"We can't go on spending more money than we take in."
McCann distributed a memo to the council May 30 in which he asked for an explanation of Why the city was spending so
much of its reserves, Which at one point dipped below 8 percent.
Since the budget hearings June 20, McCann has pushed city staff to come up with a contingency plan for budget cuts if
they become necessary.
The city is stili working on that contingen~'Y plan, said acting City Manager Jim Thomson. He said the department heeds
submitted potential arees for cutbacks a month ago. City staff members are analyzing first-quarter finenciat statements
to detennine the amount the budget could be reduced, he said.
8/14/20072:26 P
200
.---.-"'--...-.---.,-----......-..'...---
:hula Vista council busted budget, report says I Pactllla caUs smoy a pall...
32
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'~lt'$ a work in progress at this time depending on what tne numbers show," Thomson said. ''The city is in solid financial
condition and we intend to keep ft that way."
Finance Director Maria Kachadoorian said she is preparing a report 10 the Cfty Councit in which she will respond to
Bartlett's findings.
Credft: STAFF WRITER
Reproduced with permission of the copyright owner. Further reproduotion or distribution is prohibited without pennis'5lon.
Abstract (Document Summary)
TaxpayersAdvocate.org President Scott Barnett analyzed Chula Vista's budget documents and concluded that the
council busled its bUdget four years in a row while racking up more debt.
Barnett served from 2001 to 2003 as president of the Lincoln Club, a Republican donor group that spent $34,135 this
year supporting [Cheryl Cox] in her bid for mayor, according to campaign finance disclOSUres filed Thursday and
yesterday. He said he is no longer a member.
During that presentation Moot displayed large poster board charts showing year-aver-year budget comparisons. Hall,
Moot and [Kevin O'NellQ are supporting Cox in her bid for mayor.
Reproduced with permission of the Copyright owner. Further reproduction or distribution is prohibited without permission.
30B
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nttp:/rp'4~u'fJy'a.I,",u., V", .~-.....," '-"....~.-c- -~._, ----
33
Editions vary
CHULA VISTA -- The Lincoln Club of San Diego County is using its resources to get a Republican elected mayor on
Tuesday.
The political action comm~tee has spent $50,872 this year, mainly on direct mail, to heip R.epublican Cheryl Cox in her
campaign to unseat Mayor Steve Padilla, a Democrat.
Lincoln Club E;xecutive director Ctlris Niemeyer said the Chula Vista mayoral race, which is nonpartisan, is ''the most
Important race for us in the entire county,l.
"Our track record will show that over the past few years we have spent big for the hottest races," he said yesterday.
"Chula Vista is going to be a big city in the next decade, and it's important to have a strong person as mayor."
The Lincoln Club is a Republican donor group that states ~s mission is fostering fiscally responsible government. With
more than 400 members, the club has raised nearly $432,000 this year.
The club received major donations from people with Chula Vista ties: $10,160 from Suncoast Financial Mortgage Corp.,
which is owned by David Malcolm, a former city councilman and pert commissiOner; $15,050 from Jim Pieri, owner of
MountainWesl Real Estate; and $13,000 from the Village Club Card Room on Broadway. which is owned by Harvey
Souza.
The Lincoln Club has blanketed Chula Vista households with glossy pamphlets that aflack Padilla's character,
headlined: "Steve Padilla... A Shameful Record."
The pamphlets criticize Padilla tor taking pay advances on his mayor's salary and for using c~y money to hire a
$10,OOo-a-month bodyguard to drive him around while continuing to collect his car allowance.
"It was deceitful for Steve Padilla to take both a taxpayer- funded chauffeur and a car allowance," one mail piece slates.
"It was shameful of Steve Padilla to take 10 pay advances,"
Niemeyer said that Padilla's poor pertonmance in the primary -- he tralied 10 parcentage points behind Cox -- shows he
can be beaten.
"We know he's vulnerable, and we'n go after hirn,1I he said.
Cox, a trustee of the Chula Vista Elementary School District, has worl<ed as a government lobbyist for saveral Chula
Vista businesses.
Padilla said he wasn't surprised to hear that Malcolm, Pieri and Souza donated to t~le club. In mailers and in public
statements, Padilla has hammered on Cox's past consulting work for "oonvicted felon" Malcolm and "casino owner"
Souza.
In 2002, Malcolm resigned as Chula Vista's represHntativ€ on the Port Commission amid controversy over his lucratfve
consulting contract with a company doing business with the pert. He later pieaded guilty to " felony conflict-of-interest
charge.
Pedilla said Pieri is "stili angry" about a failed high-rise project propesed tor downtown Chuia Vista. The Espaada
project, which called tor two luxury condominium towers on H Street, drew criticism from residents who said it was out of
character w~h the neighborhood.
Pieri said he spent millions of dollars on land and planning. In October 2005, Padilla yielded to pressure from community
activists and yanked his support for high-rise zoning at that site, killing the project.
"It explains a lot." Padilla said. "Birds of a feathar flock together, and it Is now clear that Cheryl Cox is the David
Malcolm- Jim Pierl-Espaada high-rise candidate for mayor of Chuta Vista."
Pieri said he donates to the Lincoln Club regularly.
"Every year I contribute to the Lincoin Club beCause they do the best job supporting the Republican candidates In the
races," he said. "I don1 teli them what to do. That is up to them,"
Pieri said he has "basically stayed out of' tile Chule Vista mayoral race and is not supperting either candidate.
Malcolm 5aid yesterday that his wife, Annie, who is president of Suncoast, was the one who donated to the Lincoln
Club. He said they suppert San Diego bailot measures Propositions Band C -- and have no interest in the Chula Vista
mayoral race,
"I've lived in San Diego two years and I am very Ilappy to be out of Chula Vista politics," Malcolm said.
Cox has known Malcolm tor rnany years and said she considers him a supporter. She worked as a consultant for
200
8/15/2007IN2 PM
.c putting its might with Padilla's rival I Lincoln Club aids Cox ill C~l~.. http://pqasb.pqarchiver.comlsandlcgo-sublaccesSl' 'JU ""J'" "mu" u,u...
Suncoast in 1996 and said she was paid $25.000 for helping the company bring Knott's Soak City water park to Chula
Vista.
Souza. who hired Cox in 1998 to help expand his card room, did not respond to a request for comment.
Cox said that her supporters are performing a public service by giving to pOliticai action committees,
"The value in campaign contributions 15 the contribution to the political process Itself," Cox said. "It helps candidates by
getting the word out and educating the voters on important issues."
She noted that Padilla could be calied the "union candidate" be~.ause the San Diego Imperial Counties Labor Council
supports him.
Chula Vista has strict rules ebout donating to polttlcal candidates. An individual can donate no more than $300 per
candidate per election.
But political action committees, like the Lincoln Club, are abla to accept contributions of any amount. The money goes
into a pool and is spent according to priorities set by the club's board of directors, Niemeyer said.
Malcolm's donation to the Lincoln Club bolsters Padilla's efforts to link Cox to Malcolm, In August, a Padilla campaign
worker was caught taking photographs of a Cox fund raiser In an attempt to get a photo of her with Malcolm, who didn't
attend.
"Mr. padilla needs to talk about what he's done in Chula Vista and quit worrying about someone who lives in San
Diego," Malcolm said. "He's trying to deflect from what he did. The men stole public money by taking pay advances and
car allowances he didn't deserve."
Contrtbution scenarto
Candidates for publiC office in Chula Vista can accept up to $300 per person per election.
political action committees don't have limits on how much they can accePt.
One PAC, the Lincoln Club of San Diego County, has spent nearly $51,000 this year supporting mayoral candidate
Cheryl Cox in her bid to unseat Steve Padilla.
Three donors with Chuia Vista ties gave at ieast $10,000 each to the club this year: David Malcolm, Jim Pieri and
Harvey Souza.
[illustration)
2 PICS 11 CHART; Caption: 1. Cheryl Cox 2. Steve padilla 3. Contribution scenariO
Credit: STAFF WRITER
Reproduced with permission of the copyright C1wneL Further raproductiofl or distrIbution is prohibited without permission.
_"'__.________..__".,"__,.,_...__.._'_,.,___._.~._.__...,._"". ._____....___._____....__...___.",."_.__...__.......____..___.____..._..__.. _......~.."_..m____.____
AbStract (Document Summary)
[Steve Padilla] said he wasn' surprtsed to hear thet [David Malcolm], [Jim Pieri] and [Harvey Souza] donated to the
club, In mailers and in public statements, Padilla has hammered on [Cheryl Cox]'s past consulting work for "convicted
felon" Malcolm and "casino owner" Souza.
"It explains a iot," Padilla said. "Birds of a feather floCk together, and it is now clear that Cheryl Cox is the David
Malcolm- Jim Pleri-Espaada high-rtse candidate for mayor of Chuia Vista."
Malcolm's donation to the Lincoln Club bolsters Padilla's efforts to link Cox to Malcolm. In August, a padilla eampeign
worker was caught taking photographs of a Cox fund raiser in an attempt to get a photo of her with Malcolm, who didn't
attend.
Reproduced with permission of' the copyright owner. Further reproducllon or distributIon is prohibited without permlssion_
8115/2007 12:421
3 on
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v l-ctones called a mlWdate tor change I Chula Vista winners vow good g.;.
http;llpqasb.pqarchiver.comJsandiego-sublaccessll161135411.html?did..
34
Victories called a mandate for change I Chula Vista winners vow good governance
[R Edition]
The San Diego Union - Tribune - San Diego, Calif.
Author: Tanya Mannes
Date: Nov 11, 2006
Start Page; B.8
Section: LOCAL
Document Types: INTERVIEW
Text Word Count 769
Document Text
CHULA VISTA -- In a dramatIc leadership change, Mayor Steve Padilla and Councilwoman Patty Chavez lost their
seats Tuesday after months of tough campaigning and news reports that focused on the public's lack Of trust in City
Hall.
.,"...... ..~--_."-_. ""'''--'-''-'''~'''''--~-----~'-'''.~"
Voters shOWed their dissatisfaction by ejecting school trustee Cheryl Cox as mayor and business owner Rudy Ramirez
as councilman.
The two challengers said their victories n each by a solid margin ~~ are a mandate for change. An incumbent had not
lost an election in Chula Vista Since 1970.
"II's goIng to be different from now on," Ramirez said Wednesday. "We're going to be straight up. We're going to be
forthright about how we go about doing things."
Cox said, "It's an afljnnatlon by voters that what they're looking for in government is good governance."
While the race drew attention throughout the region, fewer voters participated than in previous years,
Thirty-five percent of the cny's registered voters cast ballots, compared wnh 44 percent in the 2002 Chula Vista mayoral
election, according to the county Registrar of Voters Office.
Cox's campaign centered on fiscal prudence, She criticl~ed the City Council for "blowing through" millions of doNars in
reserves.
She said her message resonated with voters who distrusted Padilla after his personal financial problems became public.
Wednesday, she pledged to seek an independent audit of the city's finances.
"Thefirsi thing we need to do is make sure our financial house is in order," Cox said.
I'lamirez had worried that Chavez would betlefit from an incumbent's advantage after srle was appointed In December to
fill a council vacancy. He and others said that Padilla manipulated the appointment process with the goal of grooming
Chavez as a contender in this election.
In the end, Ramirez won by 13 percentage points: Cox won by 11 percentage points.
"It shows the voters are paying attention and they're engaged, and I'm grateful for that: Ramirez said. "Nobody'. going
to Snow the cnizens of Chula Vista."
Echoing a campaign promise, he pledged to fund street repairs and of her meat-and-potatoes maintenance.
"We're gonna live within our means and we're going to pay for the basic stuff first," he said.
Cox and Ramirez will be sworn into office Dec. 5.
Padilla celled Cox on Wednesday morning to congratulate her and piedge his support.
"I love my City very muoh, and j respect the decision of my fellow citiZens," said Padilla, who was a police detective
before he was elected to the council in 1994. "I am very grateful for 12 wonderful years and the opportunities this
community has given me."
Padilla said he will spend file next few weeks reflecting on what his next job Wili be. After calling Cox, he said he was
taking his 12-year-old daughter, Ashleigh, out for brunch.
"II's kind of nice to have my life back for a little bit: he said.
Chavez said she was Proud of her council work on traffic calming and graffiti eradicatIon Formerly a stay-at~home
mother, she said she learned much about the Jnner workings of government.
lof2
8/16/2007 10:57 AM
Victories called a maildate for change 1 Chula Vi~1a winners vow good g...
34
http://pqasb.pqarchiver.com/sandiego-sub/accessl1161135411.html?did.
"I~ has been an Incredible yesr,oI she saki. nWho else can work and give back to the community at the same time?"
Cox is a trustee "flhe Chula Vista Elementary School District. Her husband is San Diego County Supervisor Greg Cox,
a former Chula Vista mayor.
Ramirez owns San Diego Architectural Metals, e metal fabricetion business.
Both challengers bui~ large war chests.
Cox raised $203,858, which was $34,800 more than Padilla collected, according 10 campaign finance disclosure forms.
The Lincoln Club of San Diego County, a Republican political action committee, spent neariy $51 ,000 on her behalf.
Ramirez collected $104,369, which was $46,400 more than Chavez raised. Ramirez aiso received financial becking
from the Associated Builders and Contractors Political Action Commfttee and local landlord Earl Jentz.
Padilla and Chavez received some support from the San Dlego- Imperial Counties Labor Council, but the union's
spending tapered off as polls showed they were losing ground.
The incumbents spent much of their time on the defensive.
Padilla began losing ground a year ago after threats prompted him to hire a $10,000-e-month bodyguard. The
bodyguard controversy led to greater scrutiny of Padilla's personal finances, which were stretched thin after a divorce
and custody battle.
The San Diego Union- Tribune reported in April that Padilla had taken 10 pay advances on his mayoral salary to help
payoff personal debt. OUtraged resl<:lents criticized Padilla in publiC forums.
[lIIusti'allon)
1 PIC; Caption: Cat-lover Cheryl Cox, who defeated Chula Vista Mayor Steve Padilla, said her campaign for fiscal
prudence resonated wfth the city's voters.; Credit: John Gastaldo I Union-Tribune
Credit: STAFF WRITER
Reproduced with pemllssion of the copyright owner. Further reproduction or distribution is prohibited without permission.
Abstract (Document Summary)
[Rudy Ramirez] had worried U,at [PattY Chavez] would benefit from an incumbent's advantage after she was appointed
in December to fill a council vacancy. He and others said that [Steve Padilla] manipulated the appointment process with
the goai of grooming Chavez as a contender in this election.
Padilla began losing ground a year ago after threats prompted him to hire a $10,OOO-a-month bodyguard. The
bodyguard controversy led to greater scrutiny of Padilla's personal finances, which were stretched thin after a divorce
and custody battle.
The San Diego Union-Tribune raported in April that Padilla had taken 10 pay advances on his mayoral salary to help
payoff personai debt. Outraged residents criticized Padilla in public forums.
Reproduced with permission of the copyright owner. Further reproduction or disbibuUon is prohibited without pennission.
201'2
8/16/2007 10:57 All
36
,
/. :)--,
ACGRSLSE. MFl
Rev. 12/2003
.
37
ORIGINAL
COpy
LEASE AGREEMENT
OFFICE OF THE DISTRICT ATTORNEY
GATEWAY CHULA VISTA
333 H STREET
CHULA VISTA, CALIFORNIA 91910
APN: 568-450-42-00,568-450-45-00,568-450-60-00,568-450-63-00,
568-450-65-00
COUNTY: COUNTY OF SAN DIEGO, a political subdivision of the State of
California
LESSOR: GA TEW A Y CHULA VISTA 2, LLC, a California Limited
Liability Company
County Contract No.:
CCSF 65.110
~ ~ -lJ
~. .'
LEASE AG~EMENT
OFFICE OF THE DISttuCT ATTORNEY
TABLE OF CONTENTS
ARTICLE 1 SUMMARY OF BASIC LEASE PROVISIONS ....................................................1
1.1 Lessor .. ........... ........ ............................... ............ ........................... ...................... ............ 1
1.2 County.. ............... ....................................................... .......... ............ .......... ........ ....... ..... I
1.3 Premises, Building and Property ....................................................................................1
1.4 County's and Lessor's Lease Administrators................................................................. 2
1.5 Term ............................................................................................................................... 2
1.6 Scheduled Commencement Date.................................................................................... 2
1.7 Initial Base MontWy Rent ..............................................................................................2
1.8 Leasehold Improvements Allowance ............................................................................. 2
1.9 Leasehold Improvements Contingency .......................................................................... 2
1.10 Additional Rent for Lessor-Provided Leasehold Improvements.................................... 2
1.11 Deadline for Approval of Preliminary Space Plans .......................................................2
1.12 Refurbishment Allowance .............................................................................................. 2
1.13 County's Intended Use ................................................................................................... 2
1.14 Parking Spaces................ ......................................... ... .......... ............ ....................... ....... 2
1.15 Exhibits........................................................................................................................... 3
1.16 Construction of Lease Provisions ...................................................................................3
ARTICLE 2 PREMISES .............................................................................................................. 3
2.1 Lease of Premises ............... .................... ................................. .............................. ......... 3
2.1.1 Common Facilities .................................................................................................. 3
2.1.2 Parking Area and County's Parking Privileges....................................................... 3
ARTICLE 3 TERJI....................................................................................................................... 4
3.1 Commencement of Term ...................... ............................. ......... .................................... 4
3.1.1 Commencement Date .............................................................................................. 4
3.1.2 Ready for Occupancy .............................................................................................. 4
3.1.3 Acceptance of Premises by County ........................................................................ 4
3.1.4 Lessor's Failure to Deliver Premises or to Correct Deficiencies............................ 5
CCSF 85.11D
ACGRSLSE .MFl
Rev. 12/2003
or).. ,;
LEASE AGREEMENT
OFFICE OF TIlE DISTRICT ATTORNEY
TABLE OF CONTENTS
3.2 Tern] . ...... ...... ......... .................................................. ................. ........ ..................... .... ..... 5
3.3 Holding Over ... ............................. ....................... ............................................... ............ 5
3.4 County's Option to Extend Term ................................................................................... 6
3.5 County's Early Termination Rights................................................................................ 6
ARTICLE 4 BASE MONTHLY RENT........................................................................................ 6
4.1 Base Monthly Rent......................................................................................................... 6
4.1.1
4.2
4.3
4.4
Additional Rent For Lessor-Provided Leasehold Improvements ........................... 7
Rent Adjustments .. .................. ...... ... ............. ........... ........................................ ....... ....... 7
Rent Reduction for Unused Leasehold Improvements Allowance ................................ 7
Rent Renegotiation for First and Second Extension Periods.......................................... 8
ARTICLE 5 USE OF PRElIllSES...............................................................................................9
5.1 County's Intended Use ................................................................................................... 9
5.2 Signs ........ ............ ................... ............................. ... .............. ............ ............................ 10
5.3 County Compliance with Laws .................................................................................... 10
5.4 Condition of Premises .................................................................................................. 10
5.5 No Liens on Premises................................................................................................... 10
ARTICLE 6 UTILITIES.............................................................................................................. 10
6.1 Utility Serviccs ............................................................................................................. 10
6.2 Interruption of Service...................................................................................... ............ II
6.3 Overstandard Use ......................................................................................................... II
ARTICLE 7 T AXES.................................................................................................................... 11
ARTICLE 8 LESSOR'S MAINTENANCE AND REPAIR OBLIGATIONS.......................... 12
8.1 Maintenance and Custodial Services Furnished by Lessor ..........................................12
8.2 Additional Services Requested by County ................................................................... 12
8.3 Repairs. ............... ..... .... ......... ....... ................. ............................. ......... ....................... ... 13
8.4 Repair and Maintenance Safety Requirements............................................................. 13
8.5 Lessor's Failure to Provide Services and Repairs ........................................................14
ACGRSLSE.MFl
Rev. 12/2003
11
CCSF 85.110
, .t'
.Y_~ ~ fII
LEASE AGREEMENT
OFFICE OF THE DIStRICT ATTORNEY
TABLE OF CONTENTS
8.6 County Waiver................... ...................................................................... ..................... 14
ARTICLE 9 COMPLIANCE JVITH LA JVS; SAFETY REQUIREMENTS ............................ 14 .
ARTICLE 10 HAZARDOUS MA TERIALS .............................................................................. 15
10.1 Hazardous Materials Laws - Definition ............................................................................ 15
10.2 Hazardous Materials - Definition...................................................................................... 15
10.3 Lessor's Representations and Warranties ......................................................................... 15
10.4 Indemnification by Lessor ................................................................................................ 16
ARTICLE 11 DEFAULT; REMEDIES.....................................................................................17
11.1 Default............................................................................................................................... 17
11.2 Lessor's Rcmedies ............................................................................................................ 18
ARTICLE 12 AFFIRMATIVE ACTION PROGRAM FOR VENDORS................................. 20
ARTICLE 13 IMPROVEMENTS AND ALTERA TlONS ........................................................20
13.1 Improvements by Lessor. ............................................................................................. 20
13.2 Alterations by County................................................................................................... 21
13.3 Vending Machincs........................................................................................................ 21
ARTICLE 14 DAMA GE BY FIRE OR OTHER CASUALTY; CONDEMNA TION ..............21
14.1 Damage or Destruction of the Premises ....................................................................... 21
14.1.1 Restoration by Lessor ................................................................................................ 21
14.1.2 Time for Completion of Repairs................................................................................ 22
14.1.3 Rent Abatement ......................................................................................................... 22
14.1.4 County's Right to Terminate..................................................................................... 22
14.2 Condemnation ........... ........................................ .............. ..................................... .............. 22
ARTICLE 15 QUIET ENJOYltfENT......................................................................................... 23
ARTICLE 16 LESSOR'S ACCESS TO PREMISES ................................................................ 23
ACGRSLSE.MFl
Rev. 12/2003
iii
CCSF 85.11D
-..1 ."...
LEASE AGREEMENT
OFFICE OFTHE DIgfRICT ATTORNEY
TABLE OF CONTENTS
ARTICLE 17 ASSIGNMENT AND SUBLEASE...................................................................... 24
17.1 No Transfers, Sublets, Assignments or Mortgages........................................................... 24
17.2 Pennitted Transfers ............................................................................................. ........ ...... 24
ARTICLE 18 INSURANCE ...................................................................................................................... 24
18.1 Lessor's Insurance Obligations ......................................................................................... 24
18.2 County's Insurance Obligations........................................................................................ 24
18.3 Sufficiency of Coverage....................................................................................................24
ARTICLE 19 INDElIfNIn~.......................................................................................................24
19.1 Lessor' s Indemnity............... ..................................... .............. ....... ..... ............ .................. 24
19.2 County's Indemnity.............. ............................................. ..................... ..................... ...... 24
19.3 Survival. ...................... ............... ....................................................................................... 25
ARTICLE 20 BROKERAGE COMlIfISSION........................................................................... 25
20.1 Brokerage Commission ..... ..... ............................... ....... ............................. ................... ..... 25
20.2 Time of Payment ofConunission ..................................................................................... 25
ARTICLE 21 GENERAL PROVISIONS................................................................................... 25
21.1 Authority of Lessor ........................................................................................................... 25
21.2 Authority of County .......................................................................................................... 25
21.3 Captions ...... .......................................... ............................................................................ 25
21.4 County Approval .................................................................................................... ...... ..... 25
21.5 Cumulative Remcdies .......................................................................................................26
21.6 Entire Agreement ...... .............. .......................................................................................... 26
21.7 Exhibits ............................................ ......................................... ................................ ........ 26
21.8 Force Majeure ................................................................................................................... 26
21.9 Governing Law; Venue ..................................................................................................... 26
21.10 Joint and Several Liability .............................................................................................. 26
21.11 Memorandum of Lease ................................................................................................... 26
21.12 Estoppel Certificate....................... ..................................... ..................................... ........ 27
21.13 Subordination Agreement ............................................................................................... 27
ACGRSLSE.MFl
Rev. 12/2003
IV
CCSF 85.110
;
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LEASE AGF,EEMENT
OFFICE OF THE DIStRICT ATTORNEY
TABLE OF CONTENTS
21.14 Modification.................................................................................. .................................. 27
21.15 Notices ............................................................................................................................27
21.16 Partial Invalidity ..... ......................................................................................................... 27
21.17 Successors & Assigns .....................................................................................................27
21.18 Time of Essence; Business Days .................................................................................... 27
21.19 Waiver ............................................................................................................................. 28
21.20 Interest on Past-Due Obligations .................................................................................... 28
21.21 Attorneys' Fees ......... ...... ................................ ............... ................................................. 28
21.22 Rules and Regulations..................................................................................................... 28
21.23 Surrender of Premises ..................................................................................................... 29
ACGRSLSE.MF1
Rev. 12/2003
v
CCSF 65.110
otr 58 .S:J:J
37
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LEASE AGREEMENT
County of San Diego - Office of the District Attorney
This lease agreement ("Lease") is made and entered into effective as of ~Aj2:CH 1:6
_, 2007 ("Effective Date"), by and between GATEWAY CHULA VISTA 2, LLC, a
California Limited Liability Company ("Lessor"), and the COUNTY OF SAN DIEGO, a
political subdivision of the State of California ("County").
ARTICLE 1
SUMMARY OF BASIC LEASE PROVISIONS
1.1
Company
Lessor. GA TEW A Y CHULA VISTA 2, LLC, a California Limited Liability
Address for notice:
Mr. James V. Pieri, President
Gateway Chula Vista 2, LLC
c/o Mountain West Real Estate
333 H Street
Suite 6000
Chula Vista, California 91910
1.2 Countv. COUNTY OF SAN DIEGO, a political subdivision of the State of
California.
Address for noti ce:
Director
Department of General Services
5555 Overland Avenue
Suite 2240 [MS-0360]
San Diego, California 92123
1.3 Premises. Building and Property.
Floor: Fourth Floor
Suite No.: 4000
Rentable Square Feet of the Premises: Approximately 24,853 square feet
The term "Premises" as used in this Lease, means the appro"imately 24,853 square foot
area delineated in Emibit "A" - DESCRIPTION OF PREMISES. PARKING AREA AND
COUNTY'S PARKING PRIVILEGES, and located in the office building located at 333 H
Street, Chula Vista, California (the "Building"). The term "Property", as used in this Lease,
includes the Premises, the Building, the Common Facilities (defined in Article 2.1.1), the parking
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lots and any parking structures appurtenant to the Building, and also includes the land on which
the Building and the other facilities are located, and all other structures located on the Property.
1.4 CoUnty'S and Lessor's Lease Administrators. This Lease shall be administered on
behalf of County by the Director, Department of General Services, County of San Diego, or by
an authorized designee ("County's Lease Administrator"), and on behalf of Lessor by Mountain
West Real Estate, Attention: Mr. James V. Pieri, President.
1.5 Term. Seven (7) years. If County exercises its option(s) to extend this Lease
pursuant to Article 3, "Term", then the Term of this Lease shall include the option extension
period(s).
1.6 Scheduled Commencement Date. July I, 2007, or upon substantial completion of
the Leasehold Improvements (defined in Exhibit "B"), whichever occurs later, but in no event
later than August 1,2007, except if caused solely by Lessor delay.
1.7 Initial Base Monthlv Rent. Seventy-one thousand three hundred twenty-eight
dollars ($71,328) per month, as set forth in Section 4.1 Base Monthlv Rent.
1.8 Leasehold Imorovements Allowance. Approximately one million three hundred
nine thousand two hundred dollars ($1,309,200), as set forth in Section 1 ofExhibit"B"-
LEASEHOLD IMPROVEMENTS AGREEMENT.
1.9 Leasehold Imorovements Contingency. Up (0 fifty thousand dollars ($50,000), as
set forth in Section 1 of Exhibit B - LEASEHOLD IMPROVEMENTS AGREEMENT.
1.10 Additional Rent for Lessor.Provided Leasehold Imorovements. Tenant
improvement costs in excess ofthe Leasehold Improvements Allowance and Leasehold
Improvements Contingency shall be paid as additional rent over the initial Term at an interest
rate often percent (10.0%) per annum, amortized over the initial seven (7) year term of this
Lease, as set forth in Section 4.1.1 Additional Rent for Lessor-Provided Leasehold
Imorovements.
1.11 Deadline for Approval of Preliminary Soace Plans. Set forth in Section 3
CONSTRUCTION DRAWINGS AND SPECIFICATIONS of Exhibit "8" - LEASEHOLD
IMPROVEMENTS AGREEMENT.
1.12 Refurbishment Allowance. Set forth in Section 8 REFURBISHMENTS of
Exhibit "B" - LEASEHOLD IMPROVEMENTS AGREEMENT.
1.13 County's Intended Use. General office, and administrative space for County's
Office of the District Attorney, and other uses incidental to County's Intended Use, subject to
Lessor's reasonable prior written approval.
1.14 Parking Soaces. Described in Article 2.1.2 and Exhibit "A" - DESCRIPTION OF
PREMISES. PARKING AREA AND COUNTY'S PARKING PRIVILEGES.
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1.15 Exhibits. This Lease contains Exhibits "A" through "H", all of which are
attached to this Lease and made a part of this Lease, identified as follows:
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "0"
Exhibit "E"
Exhibit "F"
Exhibit "G"
Exhibit "H"'
DESCRlPTION OF PREMISES. PARKING AREA AND
COUNTY'S PARKING PRIVILEGES
LEASEHOLD IMPROVEMENTS AGREEMENT
EARLY TERMINATION CHARGE
SERVICES TO BE PROVIDED BY LESSOR
ASBESTOS INSPECTION CRITERIA
RULES AND REGULATIONS
INSURANCE REOUIREMENTS
MEMORANDUM OF LEASE
1.16 Construction of Lease Provisions. The provisions of this Article I summarize for
convenience only certain key terms of the Lease that are delineated more fully in the articles and
sections referenced in this Lease. If a conflict between the provisions of this Article 1 and the
balance of the Lease occurs, the balance of the Lease shaH control.
ARTICLE 2
PREMISES
2.1 Lease of Premises. Beginning on the "Effective Date" set forth above, which is
defined as the date this Lease is approved by the County's Board of Supervisors, Lessor leases
the Premises to County, and County leases the Premises from Lessor, on and subjeetto the
terms, covenants and conditions set forth in this Lease. The Premises include the rights granted
with respect to the Common Facilities, as defined in Section 2.1.1.
2.1.1 Common Facilities. Lessor grants to County the right to use the Common
Facilities, in common with other tenants of Lessor. As used in this Lease, the term "Common
Facilities" includes aH areas of the Property that are provided and designated by Lessor from
time to time for the general use, benefit or convenience of County or other tenants of the
Building or the Property, and their respective authorized representatives and invitees.
2.1.2 Parkin!! Area and County's Parkin!! Privile!!es. Lessor shall provide for
County's non-exclusive use, on a "first come, first served basis," eighty-six (86) parking spaces
delineated for County's non-exclusive use as sho....n on Exhibit "A" - Descriotion of Premises.
Parking Area and County's Parkin!! Privile!!es. Ifthe~e is an increase or decrease in the square
footage of the Premises, the number of non-excIusive parking spaces shall be increased or
decreased based on a parking ratio of four (4) parking spaces per 1,000 usable square feet of
occupied space in the Building. The Base Monthly Rent provided for in this Lease shall
constitute full payment to Lessor for County's use ofthe eighty-six (86) parking spaces, and
Lessor may not charge County any additional amounts for parking unless the County exercises
the privilege to utilize reserved parking. A maximum of fifteen (15) reserved parking spaces
may be made available to County during the Term of the Lease or any extensions of the Tenn,
based on availability which is not guaranteed by Lessor, at a rate of seventy doHars ($70.00) per
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reserved space per month. Lessor's failure to provide the non-exclusive parking spaces for a
period of five (5) consecutive business days or longer, shall entitle County to withhold rent due
under this Lease in an amount proportionate to the interference with County's use and enjoyment
of the Premises, unless the failure to provide the non-exclusive parking spaces is a Force
Majuere occurrence as defined in Section 21.8 of this Lease. County's use of the parking spaces
shall be subject to any terms and conditions set forth in Exhibit "A".
ARTICLE 3
TERM
3.1 Commencement of Term.
3.1.1 Commencement Date. Pursuant to the provisions of Exhibit "B"-
LEASEHOLD IMPROVEMENTS AGREEMENT. Lessor shall, at its sole cost and expense,
install the Leasehold Improvements (defined in Exhibit "8") in the Premises in accordance with
the Accepted Construction Documents (defined in Exhibit "8"), and at a price not to exceed the
Leasehold Improvements Allowance and the Leasehold Improvements Contingency, except as
permitted pursuant to Section 4.1.1 of this Lease and Section 4.2, Section 4.4, Section 4.5,
Section 4.6 and Section 6.3 of Exhibit "B" of this Lease. The term (''Term'') of this Lease shall
commence ("Commencement Date") on the Scheduled Commencement Date or, if the Premises
are not "Ready for Occupancy", as described in Section 3.1.2 Readv for Occuoancv. on tile date
the County accepts the Premises as specified in a letter-of-acceptance ("Letter of Acceptance")
delivered by County to Lessor within three (3) business days following Lessor's notification to
County that the Premises are "Ready for Occupancy".
3.1.2 Readv for OccuDancv. The Premises shall be deemed to be "Ready for
Occupancy" when (i) construction of the Leasehold Improvements have been substantially
completed in accordance with the Accepted Construction Documents, subject only to the
completion of items that do not materially interfere with County's use and enjoyment of the
Premises, (ii) any certificates or governmental approvals and permits required for County to
occupy the Premises for the County's Intended Use specified in this Lease have been obtained,
(iii) building services are available to the Premises, (iv) the Common Facilities have been
substantially completed, and (v) Lessor has notified County of satisfaction of the foregoing
requirements and has scheduled a walk-through inspection of the Premises by County's Lease
Administrator and by representatives of the occupying County Department.
3.1.3 Acceotance of Premises bv Countv. During County's initial walk-through
inspection of the Premises, which shall not be scheduled by Lessor until the Premises are
otherwise "Ready for Occupancy" as specified in Section 3.1.2, County's Lease Administrator
shall compile and deliver to Lessor a list of any deficiencies in the condition of the Premises.
Lessor shall correct all deficiencies within thirty (30) days following receipt of the list, or if the
deficiencies cannot be reasonably corrected within thirty (30) days, then Lessor shall
immediately begin correcting the deficiencies and diligently pursue correcting the deficiencies to
completion. At the discretion of County's Lease Administrator, County may issue its Letter of
Acceptance to Lessor without contingencies or contingent upon Lessor's correction of the
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deficiencies, and the Premises may be occupied by County as of the date of the initial walk-
through inspection ("Conditional Acceptance of the Premises"). Conditional Acceptance of the
Premises shall not relieve Lessor of its obligation to correct all deficiencies within thirty (30)
days, or if the deficiencies cannot be reasonably corrected within thirty (30) days, then Lessor
shall immediately begin correcting the deficiencies and diligently pursue correcting the
deficiencies to completion. If County's Lease Administrator reasonably determines that the
deficiencies warrant a postponement of acceptance, County may refuse to issue its Letter of
Acceptance of the Premises until Lessor corrects all the deficiencies to the reasonable
satisfaction of County's Lease Administrator. County's acceptance of the Premises shall not
constitute acceptance oflatent defects in the construction or operation of the Premises.
3.1.4 Lessor's Failure to Deliver Premises or to Correct Deficiencies. If Lessor
is (i) unable to deliver possession of the Premises to County in a completed condition Ready for
Occupancy within sixty (60) days after the Scheduled Commencement Date, or (ii) fails to
correct deficiencies noted on County's walk-through of the Premises within thirty (30) days of
notification of the deficiencies by County, except due to a Force Majuere occurrence or delays
caused by County requested changes to the Leasehold hnprovements, each of which shall extend
the Scheduled Commencement Date on a day-for-day basis, then Lessor shall pay County an
amount equal to one thousand dollars ($1,000.00) per day as liquidated damages for the period
from the Scheduled Commencement Dale until the Premises are Ready for Occupancy, or until
the deficiencies have been corrected, as applicable.
3.2 Term. The Term shall commence on lhe Commencement Date and, unless earlier
terminated pursuant to the provisions of this Lease, shall continue for the period set forth in
Section 1.5. If the Commencement Date is not the first day of a calendar month, then the Term
shall include the partial calendar month from and including the Commencement Date through
the last day of the partial calendar month, plus the full Term set forth in Section 1.5, so that the
Term shall expire on the last day of a calendar month. County shall confirm the
Commencement Date of the Term in its Letter of Acceptance.
3.3 Holding Over. The Term of this Lease shall expire without further notice at the
expiration of the Term specified in Section 1.5. If County holds over in occupancy of the
Premises, or any portion of the Premises, after the expiration of the Term without Lessor's
consent, County shall become a tenant on a month-to-month basis for a maximum of six (6)
months at one hundred three and three-quarter percent (103.75%) of the Base Monthly Rent in
effect at the expiration of the Term; provided, however, after the expiration of the six (6) month
period, Lessor may, at its option, continue the holdover on a month-to-month basis, except the
Base Monthly Rent shall be adjusted to one hundred twenty percent (120.0%) of the Base
Monthly Rent in effect during the initial six (6) months ofthe holdover. Any holdover shall be
subject to the terms and conditions specified in this Lease, so far as applicable. Any holding
over after the expiration of the Term shall not constitute a renewal or extension of this Lease,
except as specified in this Lease or when in writing signed by both parties to this Lease. During
any holdover after the expiration of the Term, the County shall continue to indemnify Lessor in
accordance with Article 19 INDEMNITY. the inclusion of this reference does not affect any
provisions in the balance of this Lease.
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3.4 County's Ootion to Extend Term. So long as County is not in default of its
obligations under this Lease, County shall have the option to extend this Lease upon the
expiration of the Tenn for two (2) additional consecutive five (5) year period(s) (the "First
Extension Period", "Second Extension Period", or collectively, the "Extension Periods"). The
option(s) may be exercised by County giving written notice of exercise to Lessor at least ninety
(90) days in advance of the normal expiration of this Lease, or of any extension of the Term of
this Lease. If County exercises its options(s) to extend the Term of this Lease, the Lease shall
continue on the same temlS and conditions, except the Base Monthly Rent shall be adjusted in
accordance with Section 4.4 Rent Renegotiation for First and Second Extension Periods. If
County exercises its option(s) to extend the Term for the First Extension Period or the Second
Extension Period, Lessor shall provide at the end of Lease Year 7 and at the end of Lease Year
14, as applicable, upon County's request, the Refurbishments for each extension period under the
terms set forth in Section 8 of Exhibit "B" - LEASEHOLD IMPROVEMENTS AGREEMENT.
3.5 CounlY's Earlv Temlination Rie:hts.
(a) If Lessor is unable, for any reason, except due to a Force Majuere
occurrence or delays caused by County requested changes to the Leasehold Improvements, each
of which shall extend the Scheduled Commencement Date on a day-for-day basis, to deliver
possession of the Premises to the County within sixty (60) days after the Scheduled
Commencement Date, County may elect to terminate this Lease by giving written notice to
Lessor at any time prior to the date County accepts possession of the Premises as described in
this Lease. The termination of this Lease by County shall not in any way prejudice County's
rights to exercise other remedies contained in this Lease for failure of Lessor to deliver
possession of the Premises to County by the Scheduled Commencement Date.
(b) So long as County is not in default under this Lease, this Lease may be
terminated by County, at its sole option, to be effective following the end of the sixtieth (60th)
month of the Term or following the end of the seventy-second (nnd) month of the Tenn, upon
one hundred eighty (180) days prior written notice to Lessor and payment of the applicable early
termination charge shown on Exhibit "c" - EARLY TERMINATION CHARGE. County shall
pay the early termination charge in conjunction with the final Base Monthly Rent payment.
ARTICLE 4
BASE MONTHLY RENT
4.1 Base Monthl y Rent. County shall pay to Lessor as rent for the first year of the
Term of this Lease the sum of seventy-one thousand three hundred twenty-eight dollars
($71,328) per month ("Base Monthly Rent"). The Base Monthly Rent for subsequent lease years
is adjusted as provided in Section 4.2 Rent Adiustments. All Base Monthly Rent due under this
Lease shall begin to accrue on the Commencement Date, and shall be payable in arrears on the
first day of each calendar month thereafter, without demand, set-off or deduction. If the
Commencement Date is not the first day of a calendar month, then the accrued Base Monthly
Rent for the partial month at the beginning of the Term shall be prorated on a per diem basis, and
paid on the first day of the following calendar month. County shall pay installments of Base
Monthly Rent in United States dollars, in the form of County warrants, cash, check (drawn in a
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bank located in the State of California) or electronic wire of funds, with County warrants or
checks delivered to Lessor by First Class Mail, postage prepaid, addressed to Lessor at the
address stated in Section LI Lessor, and with cash or electronic wire of funds delivered to
Lessor's bank.
4.1.1 Additional Rent for Lessor-Provided Leasehold ImDrovements. If
there are any costs in excess of the Leasehold Improvements Allowance and the Leasehold
Improvements Contingency that have been previously approved by County and are not paid as a
lump-swn payment under the provisions of Exhibit "B" - LEASEHOLD IMPROVEMENTS
AGREEMENT. County shall pay additional rent to reimburse Lessor ("Additional Rent for
Lessor-Provided Leasehold Improvements"). The Additional Rent for Lessor-Provided
Leasehold Improvements shall be payable in equal monthly installments and shall be equal to the
sum of the actual Cost of Construction of the Leasehold Improvements (defined in Section 6 of
Exhibit "B" - Leasehold Improvements Al!Teement), less the Leasehold Improvements
Allowance and the Leasehold Improvements Contingency. Each month of the Term of this
Lease, County shall pay to Lessor the Additional Rent for Lessor-Provided Improvements in
conjunction with the Base Monthly Rcnt at a rate of ten percent (10.0%) per annum, amortized
over a period commencing the first day of the month following the Commencement Date and
continuing to the conclusion of the initial Term.
4.2 Rent Adiustments. Beginning with the first day of the calendar month following
expiration of the first twelve (12) months of the Term, and thereafter on the first day of the
calendar month following expiration of each succeeding twelve (12) month period ("Adjustment
Date''), the Base Monthly Rent shall bc adjusted as follows:
Lcase Year 2:
Lease Year 3:
Seventy-four thousand threc dollars ($74,003) per month
Seventy-six thousand seven hundred seventy-eight dollars ($76,778) per
month
Seventy-nine thousand six hundred fifty-seven dollars ($79,657) per
month
Eighty-two thousand six hundred forty-four dollars ($82,644) per month
Eighty-five thousand seven hundred forty-three dollars ($85,743) per
month
Eighty-eight thousand nine hundred fifty-nine dollars ($88,959) per month
Lease Year 4:
Lease Year 5:
Lease Year 6:
Lease Year 7:
If the County exercises the option(s) to extend the Tenn, the Base Monthly Rent for each
of the first twelve months of the First Extension Period and Second Extension Period, as
applicable, shall be adjusted in accordance with the provisions of Section 4.4, and be subject to a
three and three-quarter percent (3.75%) annual escalation on each Adjustment Date throughout
the Extension Period.
4.3 Rcnt Reduction for Unused Leasehold ImDrovements Allowance. If the Costs of
the Leasehold Improvements (defined in Exhibit "B") are less than the Leasehold Improvements
Allowance set forth in Section 1.8, then the Base Monthly Rent for each month of the initial
Term of this Lease shall be reduced by amortizing the amount by which the Leasehold
Improvement Allowance exceeds the actual costs of constructing the Leasehold Improvements,
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on a per square foot basis over the initial Term ofthis Lease. For example, the Base Monthly
Rent for the first year of the Term shall be reduced by an amount computed through the use of
the following formula calculated as follows:
A = $71,328 - (B/84)
Where:
A = The "Adjusted Monthly Base Monthly Rent" for the first twelve
(12) months of the Term; and
B = The amount by which the Leasehold Improvements Allowance
exceeds the actual Costs of constructing the Leasehold
Improvements.
If the Costs of the Leasehold Improvements are less than the Leasehold Improvements
Allowance, the Adjusted Base Monthly Rent shall be used to revise the rent schedule shown in
Section 4.2 by applying a three and three-quarter percent (3.75%) annual escalation to the
Adjusted Base Monthly Rent on each Adjustment Date throughout the initial Term.
4.4 Rent Renegotiation for First and Second Extension Periods. If County exercises
its options to extend the Term of this Lease under the provisions of Section 3.4, the Base
Monthly Rent payable by County to Lessor for the First Extension Period and the Second
Extension Period, as applicable, shall be adjusted to ninety-five percent (95.0%) of the then
prevailing market rate rent ("Discounted Market Rent") for the Premises by use of the following
procedure:
(a) Commencing three hundred sixty-five (365) days prior to the first day of
the First Extension Period and/or the first day of Second Extension Period (the first day of the
First Extension Period and Second Extension Period is referred to as the "Market Rent
Adjustment Date"), County and Lessor shall confer and attempt to agree upon the Discounted
Market Rent. In determining the Discounted Market Rent, County and Lessor shall evaluate the
monthly rental amount which the Premises could be expected to return to the Lessor if offered
for lease on the open market under normal circumstances, taking into consideration other similar
Class A office properties located in San Diego County, the desirability, quality and utility of the
Premises, and related criteria, including, but not limited to, the following:
(i) The prevailing tenant improvement allowance being offered for
"second generation" (i.e., "re-leased" space) space in the San Diego County for similar Class A
office property.
(ii) The determination of the amount of the Discounted Market Rent
for the First Extension Period and Second Extension Period shall take into consideration, and be
comparable to, those rentals in the area which include rent escalation provisions based on the
consumer price index or a rent schedule with fixed rate rent increases. Improvements placed
upon the Premises by County shall not be considered in arriving at the Discounted Market Rent.
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(b) If County and Lessor are unable to agree upon the Discounted Market
Rent within three hundred forty-five (345) days of a Market Rent Adjustment Date, then each
party shall designate, by written notice to the other party delivered within three hundred thirty-
five (335) days of a Market Rent Adjustment Date, a real estate appraiser with at least five (5)
years of full-time commercial appraisal experience in San Diego County to appraise and
determine the Discounted Market Rent for the Premises. In determining the Discounted Market
Rent, the appraisers shall use the factors set forth in the preceding subsection. If either party
fails to designate an appraiser within the allotted time, the appraiser designated by the other party
shall determine the Discounted Market Rent.
(c) If two appraisers are eesignated, the two appraisers shall promptly meet in
an attempt to set the Discounted Market Rent. If the two appraisers are unable to agree upon the
Discounted Market Rent within three hundred-five (305) days prior to a Market Rent Adjustment
Date, they shall appoint a third appraiser meeting the qualifications stated above within two
hundred eighty-five (285) days ofa Rent Adjustment Date. If the two appraisers are unable to
agree on a third appraiser, either of the parties to this Lease, by giving ten (10) days written
notice to the other party (i.e., by two hundred seventy- five (275) days prior to a Market Rent
Adjustment Date), can apply to the then president of the Real Estate Board of San Diego County
for the selection of a third appraiser. Each party shall pay the fee of any appraiser it designates
and one-half (1/2) the cost of any third appraiser. Within two hundred fifty-five (255) days prior
to a Market Rent Adjustment Date, a majority of the appraisers shall set the Discounted Market
Rent. If a majority of the appraisers are unable to agree on the Discounted Market Rent, then the
average of the three appraisals shall be the Discounted Market Rent. If the low appraisal is more
than five percent (5%) lower and/or if the high appraisal is more than five percent (5%) higher
than the middle appraisal, then the low appraisal and/or high appraisal shall be disregarded in
averaging the appraisals. After the Discounted Market Rent has been set, tbe appraisers shall
immediately notify County and Lessor in writing.
(d) If County and Lessor cannot arrive at the Discounted Market Rent through
use of the foregoing procedure, or if either party fails to perform as required under this Lease, the
matter shall be submitted for arbitration by notice to the other party, unless both parties, by
mutual agreement, agree to extend the deadlines above, The judgment in any arbitration
proceeding may be entered in any court having jurisdiction and shall be final and binding
between County and Lessor. The arbitrator shall not have the power to add, modify or change
any provisions of this Lease. The arbitration shall be conducted in accordance with California
Code of Civil Procedure Section 1280, et. seq.
( e) If the Discounted Market Rent for the Premises is not determined prior to
a Market Rent Adjustment Date, County or Lessor may, at its option, terminate this Lease with
no cost or liability, except as required pursuant to this Section 4.4.
ARTICLE 5
USE OF PREMISES
5.1 County's Intended Use. The Premises may be used as general office and
administration space for County's Office of the District Attorney ("County's Intended Use") or
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for any other comparable use permitted by applicable zoning laws or ordinances, subject to
Lessor's reasonable prior written approval.
5.2 Sil!l1s. In accordance with Lessor-established standards for the Building, Lessor,
at its sole expense, shall place, construct, and maintain a directory located in the lobby of the
. Building, exclusively for the display of the names of tenants in the Building and their respective
suite numbers. In accordance with Lessor-established standards for the Building, County shall
be entitled to display the name of its department outside the Premises, and the individual names
of its authorized representatives in the directory, without additional costs to County. In
accordance with Lessor-established standards for the Building, Lessor, at its sole expense, shall
attach or affix to the principal entry door to the Premises any signs necessary to identify
County's occupancy of the Premises. If County uses the Premises for a comparable use as
permitted under Section 5.1, Lessor shall update the sign to reflect the change in occupancy upon
written request by County, at County's sole expense.
5.3 County Compliance With Laws. County, at County's sole expense, shall
promptly comply with all present and future laws, ordinances, orders, rules, regulations and
requirements of all governmental authorities having jurisdiction, affecting or applicable to
County, the Premises and the County's Intended Use of the Premises. County shall not use or
allow the Premises to be used for any improper, immoral or objectionable purpose. County shall
not commit waste or allow to be committed any waste and any public nuisance on the Premises.
5.4 Condition of Premises. County, at County's sole obligation, shall keep tllC
Premises in a clean and clear of refuse and obstructions, and dispose of all garbage, trash, and
rubbish in a manner satisfactory to Lessor, in accordance with Section 20 of Exhibit "F"-
RULES AND REGULATIONS.
5.5 No Liens on Premises. County, at County's sole expense, shall keep the Premises
free from any and all liens arising out of any work performed, materials furnished or obligations
incurred by or for County or the Premises. County shall indemnify, defend and hold Lessor
harmless and free from any and all liability, loss, damage, costs, claims, demands, suits, actions,
attorneys' fees, and all other expenses on account of claims of lien oflaborers or materialmen or
others for work performed or materials or supplies fumished for County or the Premises.
ARTICLE 6
UTILITIES
6.1 Utility Services. Lessor shall furnish to the Premises, and pay for at all times
during the Term, the following services necessary for the use and enjoyment by County of the
Premises for County's Intended Use: water, electricity and elevator services for the Premises
seven (7) days per week, twenty four (24) hours per day; and heating, ventilation and air
conditioning ("HV AC") from 6:00 a.m. to 6:00 p.m., Monday through Friday. HV AC services
will also be provided by Lessor to the Premises during additional hours with reasonable prior
written notice from County to Lessor, at County's sole cost and expense, at the rate of twenty-
seven dollars and fifty cents ($27.50) per hour, with any partial hour billed to County as a full
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hour, which shall be payable monthly by County as additional rent. The hourly rate paid by
County for after hours HV AC services shall be subject to annual adjustment on the anniversary
date of this Lease in an amount proportionate to electrical rate increases incurred by Lessor, if
any. Lessor shall not be obligated to provide telephone equipment or facilities to the Premises.
6.2 Interruption of Service. County agrees that Lessor shall not be liable for
damages, by abatement of rent or otherwise, for Lessor's failure to furnish or delay in furnishing
any services to the Premises, or for diminution in the quality or quantity of any services to the
Premises, when the failure, delay or diminution is caused by circumstances outside the control of
Lessor. Any failure, delay or diminution shall not be considered to constitute an eviction or
disturbance of County's use and possession of the Premises or relieve County from paying rent
or performing any of its obligations under the Lease. Lessor shall not be liable under any
circumstances for a loss of or injury to property or for injury to or interference with County's
business, including any loss incident to a failure to furnish any of the services under this Article
6. Except if due to a Force Majuere occurrence, if services to the Premises are interrupted for a
period of ninety (90) consecutive days, County may terminate this Lease with no cost or liability.
6.3 Overstandard Use. County shall not, without Lessor's prior written consent, use
heat-generating machines, machines other than normal fractional horsepower office machines, or
equipment or lighting other than standard office lights in the Premises that may affect the
temperature that is otherwise maintained by the air-conditioning system or increase the water
usage normally furnished to the Premises by Lessor. If County uses water, electricity, heat or
air-conditioning in excess of that required to be supplied by Lessor to tenants in the Building,
Lessor shall provide written notice to County ofthe cost of: (a) the excess service; (b)
installation, operation and maintenance of equipment installed to supply and separately meter the
excess service: and (c) increased wear and tear on existing equipment caused by County's excess
consumption. Upon receipt of written notice from Lessor, County may elect to pay the increased
cost directly to Lessor as additional rent or implement measurcs within thirty (30) days of
Lessor's written notice to County that reduce the excess service levels to service levels normally
furnished by Lessor, without additional payment to Lessor.
ARTICLE 7
TAXES
County shall be responsible for payment of the following taxes accruing during the Term,
and any extension of the Term, of this Lease: (a) taxes measured by or reasonably attributable to
the cost or value of County's equipment, furniture, fixtures and other personal property located
in the Premises, or to the cost or value of any Leasehold Improvements made in or to the
Premises by or for the County; (b) taxes assessed on or related to the possession, use or
occupancy by County of the Premises, for example, a rental tax related to and prorated based on
County's occupancyofthe Premises; and (c) taXes assessed either on this transaction or on any
document associated with this transaction to which County is a party that creates or transfers an
interest or an estate in or to the Premises. County shall not be responsible for payment of any
taxes accruing before, during or after the Term, or any extension of the Term, of this Lease,
except as provided pursuant to this Article 7. All tax payments shall be the sole responsibility of
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the Lessor, except as provided pursuant to this Article 7. As used in this Lease, except as
provided pursuant to this Article 7, the term "taxes" means all taxes, governmental bonds,
special assessments, Mello-Roos assessments, charges; rental income or transfer taxes, license
and transaction fees, including, but not limited to, (i) any state, local, federal, personal or
corporate income tax, or any real or personal property tax, (ii) any estate inheritance taxes, (iii)
any franchise, succession or transfer taxes, (iv) interest on taxes or penalties resulting from
Lessor's failure to pay taxes, (v) any increases in taxes attributable to the sale or improvement of
the Building, or (vi) any taxes which are essentially payments 10 a governmental agency for the
right to make improvements to the Building.
ARTICLE 8
LESSOR'S MAINTENANCE AND REPAIR OBLIGATIONS
8.1 Maintenance and Custodial Services Furnished bv Lessor. Except as otherwise
provided in Exhibit "D" - SERVICES TO BE PROVIDED BY LESSOR. Lessor shall, at its
sole expense, furnish to the Premiscs the services described in Exhibit "D". Maintenance and
custodial service levcls furnished by Lessor shall be equal to or greater than those furnished to
similar Class A office facilities located in San Diego County. Lessor's maintenance obligations
to be provided at Lcssor's expense under this section include, without limitation, replacing light
bulbs and fluorescent tubes, light fixture transformers, glass cleaning, restocking of main
restrooms with disinfectants, paper hand towels and toilet paper, minor "touch up" painting in
the Building and the Premises, and cleaning and repairing carpeting in the Building and the
Premises, as required. All services shall be provided at reasonable times and in a manner that
minimizes interfercnce with the Counly's use and enjoyment of the Premises. All individuals or
companies providing custodial and trash removal services under this Lease shall be bonded.
Lessor shall not be required to furnish any of the following services: (a) maintenance or repair to
automatic door openers, card access openers or key access readers; (b) maintenance or repair to
any County equipment including computers, phone systems, copiers, fax machines, postage
machines, or other similar equipment; (c) maintenance or repair to any security systems for the
Premises; (d) any graffiti removal from the Premises or from the Common Facilities located on
the same floor as thc Premises; or (e) any repair or replacement of County signage for the
Premises. Lessor shall not be required to furnish any of the following services if arising as a
result of any affirmative act or omission by COUDty: (a) drywall repair; (b) carpet repair; (c)
interior plumbing repair due to clogs or blockages of pipes; (d) interior glass repair (exclusive of
Building exterior glass); or (e) doorway or hardware repair.
8.2 Additional Services Reauested bv County. If County requests any services in
addition to those specified under this Lease, Lessor shall use commercially reasonable efforts to
supply the additional services, and the additional services shall be charged at reasonable rates
established by Lessor, which includes a fifteen percent (15.0%) management fee to be approved
in writing by County's Lease Administrator prior to provision of the service. The agreed cost of
the additional services shall be reimbursed to Lessor by County within thirty (30) days of
County's receipt of Lessor's invoice for the additional services, together with evidcnce of
Lessor's payment of the receipts for the additional services.
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8.3 Repairs.
(a) Subject to the provisions of this Lease pertaining to damage or destruction
ofthe Premises, Lessor shall, at all times and at its sole expense, keep the Premises, the
Building and the Common Facilities in good order, condition and repair, to ensure that the
Premises are at all times in good and tenantable condition.
(b) If County requests repair and maintenance services necessitated by
negligent or intentional acts or omissions of County, Lessor shall have the right to undertake and
complete the repair or maintenance services at the sole expense ofthe County with prior written
approval from County's Lease Administrator of the scope of the work and its costs. If Lessor
completes the repairs or causes the repairs to be completed, Lessor shall be reimbursed by
County for reasonable repair or maintenance expenses within thirty (30) calendar days following
County's receipt of (i) an invoice or receipt for the work, and (ii) evidence of Lessor's payment
of receipts for the work. Where work is necessary to cure an emergency situation, Lessor shall
perform the work immediately upon Lessor's discovery of the emergency situation and may then
seek reimbursement from County without having obtained County's Lease Administrator's prior
written approval of the work.
(c) County's obligation to reimburse Lessor for repairs necessitated by
negligent or intentional acts or omissions of County shall not extend to (i) damage and repairs
covered under any insurance policy carried by Lessor in connection wi th the Premises, the
Building, the Common Facilities or the Property, provided, however, the County shall be
obligated to pay Lessor for any insurance deductibles and any increase in Lessor's insurance
premiums related to insurance policy claims as they relate to the damage and repairs, prorated
based on County's percentage of occupancy under the total building area covered by Lessor's
insurance policy, subject to County review of all records necessary to confirm any increase in
Lessor's insurance premiums and that the increase is attributable to any negligent or intentional
acts or omissions of County, (ii) damage caused by any defects in the design, construction or
materials of the Leasehold Improvements, the Premises, the Building, the Common Facilities or
the Property, (iii) damage caused in whole or in part by the negligence or willful misconduct of
Lessor or any of Lessor's agents, employees, invitees, or licensees, (iv) reasonable wear and tear,
and (v) damage due to fire, earthquake, acts of God or the elements or other casualty.
8.4 Reoair and Maintenance Safety Requirements.
(a) Whenever feasible, Lessor shall schedule repair and maintenance work at
times other than normal working hours. Repair or maintenance work that involves the use of
processes which generate airborne contaminants that can negatively impact indoor air quality
may be conducted during normal working hours only with County's prior written consent, which
shall not be unreasonably withheld, conditioned or delayed.
(b) When repair or maintenance work must be performed during nomlal
working hours, mechanical ventilation units serving the Premises in the vicinity ofthe work shall
be shut down for the duration of the work, and until any contaminants generated by the work
have dissipated. During the course ofthe work, Lessor shall use commercially reasonable efforts
to provide alternative sources of fresh air to the Premises.
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(c) Lessor shall give County five (5) business days prior written notification
of any non-regularly scheduled maintenance, and of any and all repair work, to be performed on
the Premises.
(d) Lessor, and anyone performing work on behalf of the Lessor on the
Premises, shall maintain a "Material Safety Data Sheet" that contains all pertinent information
regarding hazardous matcrials used in connection with the work.
8.5 Lessor's Failure to Provide Senices and Reoairs. Except for circumstances
outside the control of Lessor, and Force Majuere occurrences, if Lessor fails to perform any act
or provide any service required under Article 8 ofthis Lease and does not cure the failure, or
commence and continue to diligently pursue the cure to completion within ten (10) days
following written notice by County (or immediately if the nature of the problem presents a
hazard or emergency), County shall have the right, but not the obligation, to remedy the situation
by making the relevant repairs or obtaining the relevant sen'ice. County's cost in making or
obtaining repairs shall be reimbursed to County by Lessor within thirty (30) days of delivery of
the invoices evidencing the work. Except for circumstances outside the control of Lessor, if
Lessor's failure to provide sen'ices and repairs interferes with County's use and enjoyment of the
Premises for more than five (5) continuous business days, County shall havc the right to abate
monthly rent and any additional rent othcnvise payable under this Lease on a prorated basis.
Except for circumstances outside the control of Lessor, if Lessor's failure to provide services and
repairs continues for twenty (20) or more continuous business days, County shall have the right
to terminate this Lease,
8.6 Countv Waiver. County. waives the provisions of Cali fomi a Civil Code sections
1941 and 1942 and any other laws permitting County to make repairs at Lessor's expense.
ARTICLE 9
COMPLIANCE WITH LAWS: SAFETY REOUIREMENTS
(a) Lessor represents that, as of the Commencement Date, there are no violations of
any laws or ordinances, or of rules or regulations of insurance-rating organizations, which would
materially affect County's use or occupancy of the Premises.
(b) The required test procedures for fire extinguishing systems set forth in the
Uniform Fire Code, 1988 Edition, Part WI, Division III, Appendix mc, entitled "Testing Fire-
Extinguishing Systems, Standpipes and Combination Systems", shall be the responsibility of
Lessor.
(c) If Lessor neglects, fails or refuses to maintain the Premises as provided in this
Lease, County may, without prcjudice to any other remedies provided in this Lease, upon
reasonable prior notice to Lessor, exercise one of the following options:
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(I) if the failure continues for twenty (20) consecutive business days, then
terminate this Lease; or
(2) if the failure continues for five (5) consecutive business days, then cure
Lessor's default by performance of any act, including payment of money, and abate the cost
curing the default, plus reasonable administrative costs, from any rent due under this Lease.
(d) Lessor shall be responsible for payment of all costs of complying with the
requirements of the Americans with Disabilities Act of 1990 ("ADA") (42 USCS ~~ 12101 -
12213), Title 24 of the California Code of Regulations ("Title 24") and California Civil Code ~
54.1 as they may apply to the Premises, the Building or the Property throughout the Term of this
Lease. Lessor's obligations under this Lease shall include, without limitation, all costs of
bringing the Prcmises, the Building and the Property into compliance, and maintaining
compliance, with the requirements of Title III of the ADA ("Title III") (42 USCS ~~ 12181 -
12189) applicable during the Term to public accommodations and commercial facilities, whether
or not the particular requirements of compliance (i) are specifically required by County's
Intended Use of the Premises, or (ii) may also be required of County under Title 11 of the ADA
("Title Il")( 42 USCS ~9 12131 - 12165). To the extent permitted by applicable law, Lessor
shall also be responsible for payment of all costs of bringing the Premises, Building and the
Property into compliance with the requirements of Title II which may be applicable to County's
Intended Use of the Premises but which are not also required by the requirements of Title III, and
for the costs of maintaining compliance during the Tenn. This section only applies to the
Premises as accepted by County on the Commencement Date, and as may be modified with
Lessor's written conscnt during the Teml under the provisions of Section 13.2 of this Lease.
ARTICLE 10
HAZARDOUSMATEIDALS
10.1 Hazardous Materials Laws - Definition. As used in this article, the term
"Hazardous Materials Laws" means any and all federal, state or local laws or ordinances, rules,
permits, decrees, orders. regulations or court decisions (including "common law") relating to
hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental
conditions on, under or about the Premises, soil and ground water conditions or other similar
substances or conditions, including, without limitation, those hazardous or toxic substances
identified in the Resource Conservation and Recovery Act, 42 U.S.C., Section 6901, et g;g.
10.2 Hazardous Materials - Definition. As used in this article, the term "Hazardous
Materials" means any chemical, compound, material, substance or other matter the presence of
which gives rise to any reporting, notice or publication requirements, or duty to investigate,
under any Hazardous Materials Laws. Office and cleaning supplies in amounts normal and
customary for the Premises shall not be considered Hazardous Materials.
10.3 Lessor's Reoresentations and Warranties. Lessor represents and warrants that,
other than as disclosed to County and specifically approved in writing by County's Lease
Administrator:
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(a) Lessor has not received notice from any govemmental agency of violation,
or suspected or possible violation, of any Hazardous Materials Laws with respect to the Premises
or the Property, and there has not been a government-supervised cleanup or remediation of
Hazardous Materials on the Premises or the Property;
(b) to the Lessor's actual knowledge, any handling, transportation, storage,
treatment or usage of Hazardous Materials that occurred on the Premises prior to the
Commencement Date has been in compliance with all applicable Hazardous Materials Laws;
(c) no leaks, spills, releases, discharges, emissions or disposal of Hazardous
Materials have occurred on the Premises prior to the Commencement Date, and, to the best of
Lessor's actual knowledge, the soil, ground water, and soil vapor on or under the Premises is free
of Hazardous Materials as of the Commencement Date;
(d) after due and reasonable investigation, no asbestos in any form which has
become, or threatens to become, friable is constructed, placed on, deposited, stored, disposed of,
or located in the Premises, or on property of which the Premiscs is a part;
(e) after due and reasonable investigation, no underground improvements,
including but not limited to treatment or storage tanks, or water, gas or oil wells are on, or ever
have been on, the Premises or on the property to which the Premises is appurtenant.
lOA Indemnification bv Lessor. Lessor (and, if applicable, each of its general
partners) and its successors, assigns, jointly and severally shall indemnify, defend (with counsel
selected by County) reimburse and hold County 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 reasonable attorneys fees, consultant fees, and expert fees
(consultants and experts to be selected by County) which arise during or after the Term from
Lessor's breach of any of its warranties set forth in Section 10.3, or in connection with the
presence or suspected presence of Hazardous Materials anywhere in the Premises, the Building
or on the Property, including the soil, ground water or soil vapor on or under the Property, unless
the Hazardous Materials are present as a result of the gross negligence or willful misconduct of
County, its officers, employees or agents. The indemnification provided by this section shall
cover costs incurred by County 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 vapor on the
Premises, and the release or discharge of Hazardous Materials by Lessor dtuing the course of any
alteration or improvement of the Premises by Lessor, unless Hazardous Materials are present as a
result of the gross negligence or willful misconduct of County, its officers, employees or agents.
The indemnification provided by this section shall also cover costs incurred in responding to:
(a) Hazardous Materials present or suspected to be present in the soil, ground
water or soil vapor on or under the Property before the Commencement Date;
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(b) Hazardous Materials that migrate, flow, percolate, diffuse, or in any way
move on to or under the Property following the Commencement Date; or
(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 Lease by any person, corporation, partnership or entity other than County.
The environmental indemnitics in this section shall survive the expiration or earlier
termination of this Lease and/or any transfer of all or any portion of the Premises, or of any
interest in this Lease, and shall be governed by the laws of the State of California.
ARTlCLE 11
COUNTY DEFAULT: REMEDIES
11.1 Default.
(a) Each of the following events shall be a default by County and a matcrial
breach of this Lease:
(1) Failure or refusal (i) to pay when due any installment of rent,
additional rent or any other amount required by this Lease to be paid by County or (ii) to observe
or perform any other covenant or condition of this Lease.
(2) The abandonment ofthe Premises by County.
(3) County's (i) application for, consent to, or suffering of, the
appointment of a receiver, trustee or liquidator for all or for a substantial portion of its assets; (ii)
making a general assignment for the benefit of creditors; (iii) admitting in writing its inability to
pay its debts or its willingness to be adjudged a bankrupt; (iv) becoming unable to or failing to
pay its debts as they mature; (v) being adjudged bankrupt; (vi) filil)g a voluntary petition or
suffering an involuntary petition under any bankruptcy, arrangement, reorganization or
insolvency law (unless in the case of an involuntary petition, which is dismissed within thirty
(30) days of the filing); (vii) convening a meeting of its creditors or any class of its creditors for
purposes of effecting a moratorium, extension or composition of its debts; (viii) allowing or
permitting to continue unstayed and in effect for ten (10) consecutive days any attachment, levy,
execution or seizure of all or a substantial portion of County's assets or of County's interest in
this Lease; or (ix) meeting with the intent to file any petition for protection under bankruptcy
law. Except to the extent expressly provided otherwise in clauses (vi) and (viii) of this section,
the events in this section shall constitute an immediate default by County's and no notice or cure
period under this Lease shall bc applicable.
(b) As a condition to pursuing any remedy for an alleged default by County
within Section 11.1 (a), Lessor shall, unless expressly relieved of the duty to provide notice for
the default under a provision of this Lease, give notice of the default to County. If Lessor serves
County with a Notice To Pay Rent or Quit pursuant to applicable unlawful detainer statutes, that
Notice To Pay Rent or Quit shall also constitute the notice of default required by this Section. If
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the alleged default is for nonpayment of rent, additional rent, taxes or other monetary amounts to
be paid by County to Lessor or any third party under this Lease, County shall have three (3) days
after notice is given to cure the default. For the cure of any other default, except where provided
otherwise in this Lease, County shall promptly and diligently, after notice, commence curing the
default and shall have thirty (30) days after notice is given to complete the cure or, in the case of
a failure or omission that cannot be cured by the payment of money and cannot be cured within
thirty (30) days, thirty (30) days plus additional time reasonably required for the curing of the
default; provided, however, County must commence curing a non-monetary default within the 30
day period if the performance ofthc non-monetary default would reasonably take more tllan 30
days to cure and must diligently prosecute the cure to completion.
(c) Lcssor and County agree that ifan attorney is consulted by Lessor in
connection with a default or breach, two hundred dollars ($200.00) is a reasonable amount per
occurrence for services and costs in preparing and serving a notice of default, and that Lessor
may include the cost of the services and costs in the notice as rent due and payable to cure the
default.
11.2 Lessor's Remedies. If any default by County is not cured within the applicable
period permitted by this Lease, Lessor has the following remedies in addition to all other rights
and remedies providcd by law or equity or specifically granted by other provisions of this Lease,
to which Lessor may resort cumulatively or in the alternative:
(a) Lessor may, at Lessor's election, terminate this Lease by giving County
written notice of termination. On the giving of the noticc, all County's rights in the Premises and
fixtures, and all pemlanently attached furniture, equipmcnt, signs, improvements, alterations,
additions and changes in the Premises (collectively reterred to, for purposes of this Section 11.2
only, as "Improvements") shall terminate. Promptly after notice of termination, County shall
surrender and vacate the Premises and all Improvements, in a clean condition equal to that or
bctter than that which existed whcn County initially opened the Premises for business, as
reasonably determined by Lessor, and Lessor may re-enter and take possession of the Premises
and all remaining Improvements and eject all parties in possession or eject some and not others
or eject none. Termination of this Lease under this Section 11.2 shall not relieve County from
the payment of any amount then due to Lessor or from any claim for damages previously accrued
or then accruing against County.
(b) Lessor may elect to have this Lease continue in effect for as long as Lessor
does not tenninate County's right to possession, and Lessor may enforce all rights and remedies
under this Lease, including the right to recover the rent as it becomes due. None of the following
shall constitute a tennination of County's right to possession:
Improvements;
(I) Acts of maintenance or preservation of the Premises or
and
(2) Efforts to relet the Premises, including entry UpOIl the Premiscs;
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(3) The appointment of a receiver to protect Lessor's interest under
this Lease.
(c) Lessor shall, upon Lessor's election to terminate this Lease in accordance
with Section 11.2 (a), be entitled to damages in the following amounts:
(1) The unpaid rent and additional rent, which had been earned at the
time of termination, plus interest as provided for in Section 21.20.
(2) The amount by which the unpaid rent which would have been
earned after tennination until the time of award exceeds the amount of rental loss that the County
proves could have been reasonably avoided, plus interest as provided for in Section 21.20.
(3) The worth at the time of award of the amount by which the unpaid
rent for the balance of the term after the time of the award exceeds the amount of renta110ss that
the County proves could be reasonably avoided; and
(4) Any other anlount necessary to compensate Lessor for all the
detriment proximately caused by County's failure to perfonn its obligations under the Lease,
including, without limitation, the cost of recovering possession of the Premises, expenses of
reletting, costs of necessary repair, renovation and alteration of the Premises, real estate
commissions previously paid by Lessor for the then unexpired portion of the Term of the Lease,
real estate commissions paid by Lessor for finding another tenant, reasonable attorneys' fees, and
any other reasonable costs.
The "worth at the tinle of award" of the amount referred to in subsection (c)(3) of this
Section 11.2 is computed by discounting such amount at the discount rate of the Federal Reserve
Bank of San Francisco at the time of award plus one percent (1%).
(d) Without terminating or affecting a forfeiture of this Lease, or constituting
Lessor's acceptance of a surrender of [he Premises, or otherwise relieving County of any
obligation under this Lease, Lessor may, but need not, relet the Premises, or any portion of the
Premises, at any time and for terms and conditions and rental as Lessor, in its sole discretion,
may deem proper. Whether or not the Premises are relet, County shall pay to Lessor all amounts
required of County under this Lease up to the date that Lessor terminates County's right to
possession of the Premises. The payments by County shall be due at the times provided in this
Lease, and Lessor need not wait until the tennination ofthis Lcase to recover payments by legal
action or in any other manner. If Lessor relets the Premises or any portion of the Premises, the
reletting shall not relieve County of any obligation under this Lease, except that Lessor shall
apply the rent or other proceeds actually collected by it for the reletting against amounts due
from County under this Lease, to the extent the proceeds compensate Lessor for non-
performance of any obligation of County under this Lease. Lessor may execute any lease made
pursuant to this section in its own name, and the new tenant shall be under no obligation to pay
any proceeds to County named in this Lease, nor shall County have any right to collect any
proceeds.
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(e) In the event of any default by County in the payment of money, other than
rent, or in the performance of obligations required of County under this Lease, then in addition to
the other remedies granted to Lessor in this Lease, Lessor (without waiving or releasing County
from any obligations of this Lease) may make, but shaH not be obligated to make, any the
payment and perform any other act on County's part to be made or performed under this Lease.
All amounts paid by Lessor and all necessary incidental costs, together with interest as provided
for in Section 21.20(b), from the date of payment by Lessor, shall be payable by County to
Lessor.
ARTICLE 12
AFFIRMATIVE ACTION PROGRAM FOR VENDORS
During the Term of this Lease, Lessor shall use its commerciaHy reasonable efforts to
comply with the Affirmative Action Program for Vendors pertaining to employment of disabled
persons, as set forth in Article IIIk (commencing at Section 84) of the San Diego County
Administrative Code, which is incorporated into this Lease by this reference. Lesso.r is informed
that the County's Affirmative Action Program for Vendors provides that its requirements shaH
not apply to any Lessor, or subcontractor of a Lessor, who has a regular, paid workforce of less
than fifteen (15) employees. A copy of this Affirmative Action Program will be furnished to
Lessor by the County's Lease Administrator upon Lessor's request. The County of San Diego
also has a policy of encouraging the participation of disabled veterans business enterprises in
facilities leased for County use.
ARTICLE 13
IMPROVEMENTS AND ALTERATIONS
13.1 Imorovements bv Lessor.
(a) Lessor shall install the leasehold improvements ("Leasehold Improvements") in
the Premises as set forth in Exhibit "3" - LEASEHOLD IMPROVEMENTS AGREEMENT.
(b) Lessor may at any time, make any changes, additions, improvements, repairs or
replacements to the Property, including the Common Facilities that Lessor considers desirable.
Lessor shaH not make changes, additions, improvements, repairs or replacements to the Premises
(i) except as are permitted or required of Lessor by other provisions of this Lease, (ll) that reduce
the parking committed to County pursuant to this Lease, (iii) that materially impair access to the
Premises, or (iv) that alter the Building's nature as a first-class office building. All changes,
additions, improvements, repairs and replacements shaH be performed expeditiously and in a
manner that minimizes interference with County's use and enjoyment of the Premises. If
Lessor's interference materially impairs County's ability to conduct its business from the
Premises and if the interference continues for ten (10) consecutive business days after County's
notice of the interference to Lessor, the rent payable under this Lease shall be abated in
proportion to the extent of the interference, from the commencement of the ten (10) consecutive
business day period, for as long as the interference continues. If the interference continues for
thirty (30) consecutive business days after County's notice to Lessor, County shall have the right
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to terminate this Lease by notice to Lessor at any time prior to the cessation of the interference.
County acknowledges that Lessor will construct another office building immediately adjacent to
the Building in which the Premises are located and that the construction of the office building
may interfere from time to time with County's use and enjoyment of the Premises during the
course of construction of the office building. County agrees that the interference with County's
use and enjoyment of the Premises caused in the normal course of the construction of the office
building shall be excluded as a basis for County's right to terminate this Lease and (or) as a basis
for County's claim of interference with its quiet enjoyment of the Premises.
13.2 Alterations bv County. County, at its own expense, may make any and all
alterations or improvements, or install any furniture, fixtures, or equipment necessary or
desirable for County's Intended Use of the Premises, subject to Lessor's reasonable prior written
consent. County may not make any structural or HV AC alterations, or make any alterations to
the Premises, the Building, the Common Facilities or the Property without Lessor's reasonable
prior written consent. . Furniture and non- fixture equipment installed or made by County shall
remain the property of County and, at the option of County, may be removed on or before the
expiration or earlier termination of this Lease, or any extension of this Lease, or may be
abandoned to Lessor. Any damage to the Premises caused by Lessor-permitted removal of
fixtures or improvements by County shall be immediately repaired by County to Lessor's
reasonable satisfaction within thirty (30) days of the expiration or earlier termination of this
Lease, except in the event of destruction of the Premises as provided for in this Lease. County
shall deliver possession of the Premises to Lessor in the same condition as in the beginning of
this Lease, or as altered, ordinary wear and tear excepted.
13.3 Vending Machines. At any time during the Term of this Lease, County has the
right to install vending machines in the Premises (except for coffee products), and to retain all
revenues from County-installed vending machines.
ARTICLE 14
DAMAGE BY FIRE OR OTHER CASUALTY: CONDEMNATION
14.1 Dama2e or Destruction of the Premises.
14.1.1 Restoration by Lessor. If, during the Term of this Lease or any extension
of this Lease, the Premises or the Leasehold Improvements are damaged or destroyed, or if the
Building or the Common Facilities are damaged, and if the damage materially interferes with
County's use of the Premises, Lessor shall, at its sole expense, repair the damage. This Lease
shall remain in full force and effect during the period necessary to complete the repairs, provided
that (i) the repairs can reasonably be expected to be made within one hundred eighty (180) days
from the date Lessor commences to repair the damage in compliance with applicable laws and
regulations, and (ii) insurance proceeds are timely made available to Lessor which, tog~ther with
any other funds provided by Lessor, are sufficient to repair the damage. Lessor shall give
County reasonable evidence of funds sufficient to restore the Premises.
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14.1.2 Time for Completion of R~airs. Any repairs undertaken pursuant to this
article shall be diligently pursued to completion by Lessor. Prior to commencing the repairs,
Lessor shall give County an estimate of the expected time to complete the repairs. If the repairs
are not completed by that date, then any rental abatement provided in Section 14.1.3 shall
continue to abate during the period from the expected completion date of the repairs to the actual
date of substantial completion of the repairs.
14.1.3 Rent Abatement. Iffire or any other casualty damages the Premises or the
Leasehold Improvements, the Building, or any of the Common Facilities nec.essary for County's
use or enjoyment of the Premises, then, during the period the damage or the repair materially
interferes with County's use or enjoyment of the Premises, County shall be entitled to a
proportionate reduction of rent resulting from the damage or repair, up to and including full
abatement of rent, except for tbe circwnstances where the County's officers, employees, agents,
contractors or equipment caused the casualty or damage. The proportionate reduction of rent
shal1 be based upon the extent to which the damage or repair material1y interferes with the
County's use or enjoyment of the Premises, except for circumstances where the County's
officers, employees, agents, contractors or equipment caused the casualty or damage.
14.1.4 County's Right to Terminate. If, in tbe reasonable judgment of County's
Lease Administrator, the Premises cannot reasonably be expected to be restored within the one
hundred eighty (180) days from the date Lessor commences to repair the damage to substantially
the same condition the Premises were in before the damage occurred, County may terminate this
Lease by notice to the Lessor given thirty (30) days after the damage or destruction, or failure of
Lessor to proceed with reasonable diligence to restore the Premises. The termination of this
Lease shall be effective thirty (30) days following delivery of the notice of termination. If
County does not terminate this Lease within the thirty (30) day period, then Lessor shall repair
the damage and this Lease shal1 remain in ful1 force and effect.
14.2 Condemnation. If all or any part of the Premises are taken or appropriated by any
public or quasi-public authority under the power of eminent domain, or under any agreement in
lieu of eminent domain (any taking or appropriation is referred to as a "Taking", or having been.
'Taken"), this Lease shall terminate as to the part Taken as of the date of the Taking. If a partial
Taking of the Premises occurs, County shall have the right to terminate this Lease as to the
remaining portion of the Premises by giving written notice to Lessor within thirty (30) days after
the Taking. The exercise of the right of termination shall be contingent upon whether, in the
reasonable opinion of County's Lease Administrator, the portion of the Premises Taken is of an
extent and nature that materially impairs County's access to the Premises, materially diminishes
the nature of the Building or the Common Facilities as they existed on the date of the Taking, or
materially interferes with County's Intended Use of-the Premises. Lessor shall be entitled to all
compensation, damages, income, rent, awards and interest which is paid or made based on
Lessor's interest in the Premises or the Building or the Common Facilities in connection with
any Taking. County shall be entitled to any portion of the compensation, damages, income, rent,
awards and interest intended by the authority exercising the power of eminent domain as
compensation for (i) County's relocation expenses, (ii) the value of County's leasehold interest
in the Premises, (iii) any excess rent or other costs payable by County for substitute premises
obtained over rent payable under this Lease, and (iv) the value of any alterations paid for by
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County which were not the property of Lessor and any other property of County Taken,
including any moveable furniture, equipment and other personal property. If a partial Taking of
the Premises occurs which docs not result in a termination ofthis Lease, Lessor shall, at its sole
expense, restore the balance of the Premises to a usable condition, and fully partition the
remainder of the Premises from the portions of the Premises that are Taken. If a partial Taking
of the Premises occurs, the rent to be paid under this Lease shall be equitably reduced by an
amount reasonably and mutually determined by County and Lessor based on the fair market
value of the Taken property.
ARTICLE 15
OUlET ENJOYMENT
Upon County's paying rent and performing its other obligations under this Lease, County
shall peacefully and quietly have, hold and enjoy the Premises throughout the Term and any
extensions of the Term, without hindrance, ejection or molestation by Lessor, any person
lawfully claiming through or under Lessor or any person claiming prior rights to County to the
Premises. County acknowledges that Lessor will construct another office building immediately
adjacent to the Building in which the Premises are located and that the construction of the office
building may interfere with County's use and enjoyment of the Premises during the course of
construction of the office building. County agrees that the interference with County's use and
enjoyment of the Premises caused in the normal course of the construction of the office building
shall be excluded as a basis for COlmty's right to terminate this Lcase and(or) as a basis for
County's claim ofinlerference with its quiet enjoyment ofthe Premises.
ARTICLE 16
LESSOR'S ACCESS TO PREMISES
Lessor shall have access to the Premises at reasonable times on reasonable prior written
notice to County's Lease Administrator (except in the case of an emergency, when notice shall
be commensurate with the circumstances) for the purposes of: (i) showing the Premises to
prospective purchasers and mortgagees of the Building or its surrounding property and
prospective tenants of the Premises, and (ii) inspecting the Premises or performing any repairs or
improvements required of or permitted to Lessor under this Lease. Prospective tenants,
purchasers and mortgagees shall at all times be accompanied by Lessor or Lessor's designated
agent. Lessor shall use all reasonable efforts in connection with the access to minimize
interference with County's use.and enjoyment of the Premises. If any entry by Lessor into the
Premises materially interferes with County's use and enjoyment of the Premises for more than
five (5) consecutive business days, County shall have the right to proportionately abate the rent
payable under this Lease.
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ARTICLE 17
ASSIGNMENT AND SUBLEASE
17.1 No Transfers. Sublets. Assil!lllIlents or Morteaees. County expressly and
voluntarily agrees not to transfer, sublet or assign or mortgage all or any part of the Premises.
17.2 Permitted Transfers. The provisions of Section 17.1 shall not prohibit County
from entering into concessions or licenses as necessary for the operation of any portion of
County's business conducted on the Premises. Each concession or license that is entered into by
County shall be subject and subordinate to the provisions of this Lease.
ARTICLE 18
INSURANCE
] 8.] Lessor's Insurance Oblilzations. Without limiting Lessor's indemnification
obligations to County under this Lease, Lessor shall provide and maintain, during the Term and
for any other period required under this Lease, at its sole expense, insurance in the amounts and
form specified in Exhibit "0" - INSURANCE REOUIREMENTS.
] 8.2 County's Insurance Oblieations. County maintains a policy of All-Risk Insurance
covering the Premises and the County's personal property in the Premises, including any fixtures
or equipment in the Premises owned by County. The County utilizes a program of self-funding
with regard to any liability it may incur for personal injury or property damage arising out of its
use or occupancy of the Premises.
18.3 Sufficiencv of Coverage. Lessor makes no representation that the types of
insurance and limits speci fied to be carried by County under this Lease are adequate to protect
County.
ARTICLE 19
INDEMNITY
]9.1 Lessor's Indemnity. County shall not be liable for, and Lessor shall defend,
indemnifY, protect and hold County harmless from, any and all claims, demands, liability,
judgments, awards, fines, mechanics liens or other liens, labor disputes, losses, damages,
expenses, charges or costs of any kind or character, including reasonable attorney's fees and
court costs (collectively "Claims"), related to this Lease and arising from any negligence or
willful misconduct of Lessor or its agents, servants or employees, except to the extent and
Claims relate to or arise from any negligence or willful misconduct of County or its officers,
agents or employees.
]9.2 Countv's Indemnity. Lessor is not liable for, and County shall defend, indemnifY,
protect and hold Lessor and Lessor's members, managers, officers, employees and agents
harmless from and against any and all Claims (as defined in Section 19.] above) related to this
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Lease and arising from any negligence or willful misconduct of Lessee or its officers, agents or
employees, except to the extent any Claims relate to or arise from any negligence or willful
misconduct of Lessor or its officers, agents or employees.
19.3 Survival. Neither termination of this Lease nor completion of the acts to be
performed under this Lease shall release the indemnifying party from its obligations to defend or
indemnify the other party as required under this Lease so long as the event upon which any
Claim is predicated shall have occurred prior to the effective date of any termination or
completion.
ARTICLE 20
BROKERAGE COMMISSION
20.1 Brokerage Commission. The Staubach Company- West, Incorporated ("County's
Broker") represents County as its agent in the negotiation ofthis Lease. Lessor shall pay
County's Broker a brokerage fee ("Commission") calculated in a separate written exclusive
listing agreement with Mountain West Real Estate ("Lessor's Broker").
20.2 Time ofPavment of Commission. One-half of the Conunission shall be due upon
execution of this Lease, with the balance due upon the earlier to occur of (i) the Commencement
Date, or (ii) County's occupancy of the Premises.
ARTICLE 21
GENERAL PROVISIONS
21.1 Authoritv of Lessor. Lessor represents and warrants that it has full power and
authority to execute and fully perfonn its obligations under this Lease pursuant to its governing
instruments, without the need for any further action, and that the person(s) executing this Lease
on behalf of Lessor are the designated agents of Lessor and are authorized to act on behalf of
Lessor, and that fee title to the Building and the Premises vests solely in Lessor.
21.2 Authoritv of Countv. County represents and warrants that it has full power and
authority to execute and fully perform its obligations under this Lease pursuant to its governing
instruments, without the need for any further action, and that the person(s) executing this Lease
on behalf of County are the designated agents of County and are authorized to act on behalf of
County.
21.3 Caotions. The captions, headings and index appearing in this Lease are inserted
for convenience only and in no way define, limit, construe, or describe the scope or intent of the
provisions of this Lease.
21.4 County Aooroval. Except where stated in this Lease to the contrary, the phrases
"County's approval", and "County's written approval" or similar phrases shall mean reasonable
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approval of County's Lease Administrator or a designee, as authorized by County's Lease
Administrator in writing,
21.5 Cumulative Remedies. If a default under tlus Lease occurs, each party's remedies
shall be limited to those remedies set forth in tI1is Lease. The remedies under this Lease are
cumulative and not exclusive of any other remedies under tI1is Lease to which the non-defaulting
party may be entitled.
21.6 Entire Agreement. This Lease, together with aU attached addenda, exhibits and
riders, constitutes the entire agreement between the County and Lessor with respect to the
subject matter of this Lease, and all prior or contemporaneous agreements, understandings and
representations, oral or written, are superseded.
21.7 Exl1ibits. All exl1ibits referred to in this Lease are attached to this Lease and
incorporated into this Lease by reference.
21,8 Force Majeure. If County or Lessor is prevented or delayed from performing any
act or discharging any obligation under this Lease because of any and aU causes beyond either
party's reasonable control, including unusual delays in deliveries, abnornJaI adverse weather
conditions, unavoidable casualties, strikes, labor disputes, inability to obtain labor, materials or
equipment, acts of God, governmental restrictions, regulations or controls, any hostile
government actions, civil commotion and fire or other casualty, legal actions attacking the
validity of this Lease or the County's occupancy of the Premises, or any other casualties beyond
the reasonable control of either party except casualties resulting from Lessor's negligent
operation or maintenance ofthe Premises or the Building ("Force Majeure"), performance of the
act shall be excused for the period of the delay, and the period for perfonnance of the act shall be
extended for a period equivalent to the period of the delay. Force Majeure shall not include any
bankruptcy, insolvency, or other financial inability on the part of either party to this Lease.
21.9 Governing Law; Venue. This Lease shall be governed, construed and enforced in
accordance with the laws of the State of California. Any litigation arising out of this Lease shall
be filed and maintained in San Diego County, California.
21.10 Joint and Several Liability; If more than one person or entity executes this Lease
as Lessor, each of them is jointly and severally liable for all of the obligations of Lessor under
this Lease.
21.11 Memorandum of Lease. Concurrent with execution of this Lease, Lessor and
County shall execute and cause to be acknowledged the Memorandum of Lease attached as
Exhibit "H". County may record the Memorandum of Lease in the office of the San Diego
County Recorder, but no sooner than Lessor becomes the owner of record of the legal parcels on
which the Building is, or will be, constructed, as applicable. The Memorandum of Lease shall
not modify any of the terms, conditions or covenants oftms Lease. Ifthere is a conflict between
tms Lease and the Memorandum of Lease, the terms, covenants and conditions of this Lease
shall control.
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21.12 Estoppel Certificate. Within ten (10) business days after Lessor's written request,
County shall execute, acknowledge and deliver to Lessor a written statement certifying (i) the
Commencement Date, (ii) that this Lease is unmodified and in full force and effect, or is in full
force and effect as modified and stating the modifications; (iii) the date to which the Base
Monthly Rent and any additional rent have been paid; (iv) that Lessor is not in default under this
Lease, or if Lessor is claimed to be in default, stating the nature of the claimed default; and (v)
all other reasonably requested information regarding this Lease. All statements shall be made to
County's best knowledge, and County shall not make nor be obligated to make any independent
investigation of the facts. Except as qualified in the preceding sentence, any statement may be
relied upon by a purchaser, assignee or lender with respect to this Lease, the Premises or the
Property. No certification shall be deemed to be a waiver by County of any right or cause of
action against Lessor based on any fact of which County has no knowledge because of the
concealment of the fact by Lessor.
21.13 Subordination Al!Ieement. Within fifteen (15) days after Lessor's written request,
County shall execute, acknowledge and deliver to Lessor a Subordination Agreement containing
County's agreement to subordinate this Lease to the lien of a Deed of Trust, and to attorn to
Lessor's Lender, subject to Lessor and Lender's observance of the non-disturbance agreement
and other provisions contained in Lender's form of Subordination Agreement.
21.14 Modification. The provisions of this Lcase may not be modified, except by a
writtcn instrument signed by County and Lessor.
21.15 Notices. All notices, demands, requests or other communication required or
permitted to be given under this Lease ("Notices") shall be in writing and (i) delivered in person
to an officer or authorized representative of the other party, (ii) sent by First Class United States
Mail, postage prepaid, (iii) sent by overnight delivery, or (iv) delivered or sent by facsimile, with
the original document subsequently sent by First Class United States Mail, postage prepaid.
Notices shall be sent to Lessor and County at the addresses set forth in Article 1, or to another
address designated by Lessor or County by written notice to the other party. Any Notice shall be
deemed received if delivered as set forth under (i), (iii) or (iv) above, or, in case of (ii) above,
forty-eight (48) hours from the time of mailing if mailed as provided in this section.
21.16 Partiallnvaliditv. If any provision of this Lease is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be
affected by the determination. Each provision of this Lease shall be valid and enforceable to the
fullest extent permitted by law.
21.17 Successors & Assiens. This Lease shall be binding on and inure to the benefit of
the parties and their successors and assigns, except as may otherwise be provided in this Lease.
21.18 Time of Essence: Business Davs. Time is of the essence of each and every
provision of this Lease. For purposes of this Lease, "business days" means calendar days, except
for Saturdays, Sundays and County holidays.
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21.19 Waiver. No provision of this Lease or the breach of any provision of this Lease
shall be deemed waived, except by written consent of the party against whom the waiver is
claimed.
21.20 Interest on Past-Due Oblil!:ations. AJJ.y amount due from County to Lessor under
this Lease which is not paid when due (including, without limitation, amounts due as
reimbursement to Lessor for costs incurred by Lessor in performing obligations of County under
this Lease) shall bear interest at the lesser often percent (10%) per annum or the maximum
lawful interest rate, from the date due until paid, unless otherwise provided in this Lease, but the
payment of interest shall not excuse or cure any default by County under this Lease.
21.21 Attornevs' Fees. County agrees to pay Lessor, upon three (3) days prior written
notice, any fees or costs incurred by Lessor in effecting the collection of past due rent, additional
rent or other amounts due to Lessor under this Lease or assuring County's compliance with any
of the other terms and conditions of this Lease including, without limitation, fees and costs of an
attorney or collection agency. Nothing contained in this Lease shall limit any other remedy by
Lessor. Lessor and County agree that in the event of any litigation arising out of or in
connection with this Lease, to collect any indebtedness under this Lease, or to enforce any other
right or remedy under this Lease, the prevailing party shaIl be entitled to recover from the losing
party, in addition to any money judgment or other relief, reasonable attorneys' fees as may have
been incurred by the prevailing party in instituting or defending the litigation, or any appeal,
together with reasonable costs and expenses of litigation as may be aIlowed by the court, all of
which attorneys' fees, costs and expenses the losing party covenants to pay. For purposes of this
section, in any unlawful detainer or other action or proceeding instituted by Lessor based upon
any default or alleged default by County, Lessor shall be deemed the prevailing party if (a)
judgment is entered in favor of Lessor or (b) prior to trial or judgment County shall pay all or
any portion ofthe rent and charges claimed by Lessor, eliminate the condition(s), cease the act(s)
or otherwise cure the omission(s) claimed by Lessor to constitute a default by County under this
Lease.
2 1.22 Rules and Rel!:Ulations. County shall at all times comply with all applicable laws
which are now or in the future may be in effect relating to this Lease or the occupation and use
by County of the Premises, and with all reasonable rules and regulations established by Lessor
from time to time with respect to the Building ("Rules and Regulations"). A copy of the Rules
and Regulations in existence on the date of this Lease is attached to this Lease as Exhibit "F" -
RULES AND REGULATIONS, but Lessor reserves the right to reasonably amend the Rules and
Regulations from time to time by giving notice of anlendment to County, if Lessor determines
the amendments to be in the best interests of the Building and its tenants. County shall not be
bound by any amended Rules and Regulations until County has received a written copy of the
amendment. Lessor agrees that the Rules and Regulations shall be enforced in a uniform and
non-discriminatory manner and that the Rules and Regulations shall not interfere with County's
substantial benefit and enJ'oyment of the Premises or conflict with federal state and local laws
" ,
regulations, and statutes applicable to County, including policies adopted by County so long as
the policies are not materially inconsistent with any material Rule or Regulation applicable to the
Building.
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21.23 Surrender of Premises. Upon the expiration or earlier termination of this Lease,
County shall surrender the Premises to Lessor in the same condition as when received, broom
clean, ordinary wear and tear excepted.
IN WITNESS WHEREOF, Lessor and County have executed this Lease effective as of
the date first written above.
COUNTY:
LESSOR:
COUNTY OF SAN DIEGO, a
political subdivision of the
State of California
GA TEW A Y CHULA VISTA 2,
a California Limited Liability Company
By:
Coast Pa~ific Properties, LLC,
a C lfornia limited liability company,
C olrmm ,"(""" :j
tly: -- -~ ~
James V. Pieri,
Managing Member
-
By:
APRIL F. HEINZE, P.
Department of General
Director
Services
By: Chula Vista Asset Management, LLC
A California limited Liability Company
Manager
By:
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ExmBIT "A"
DESCRIPTION OF PREMISES. PARKING AREA AND
COUNTY'S PARKING PRMLEGES
County Premises: 24,853 square feet (rentable) on the fourth floor of the building located at
333 H Street, Chula Vista, California. [Assessor Parcel Numbers 568-450-42-00, 568-450-45-
00, 568-450-60-00, 568-450-63-00, 568-450-65-00]
LCl!:al Description of Property:
DESCRIPTION
The PropertylBuilding includes the real property described below, together with all
improvements located on the real property.
LEGAL DESRIPTION OF LAND:
Parcel 2 of Parcel Map 18753, in the City of Chula Vista, County of San Diego, State of
California, filed in the Office of the County Recorder of said San Diego County July 16,2001, as
Instrument No. 01-0489323 of official records.
County's Parkin!!: Privile!!:es: Lessor shall provide to County, for County's non-exclusive use,
on a "first come, first served basis," eighty-six (86) unreserved parking spaces for County's non-
exclusive use as shown on Exhibit "A-I". County shall have the privilege to. utilize reserved
parking at a maximum of 15 reserved parking spaces which may be made available to County for
the Term of the Lease or any extensions of this Lease, based on availability which is not
guaranteed by Lessor, at a rate of$70.00 per reserved space.
CCSF.85.11D. Rev. 04/99
A-I
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SCHEDULE "A-I" TO EXIllBIT "A"
SITE PLAN
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SCHEDULE "A-2"TO EXHIBIT "A"
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EXHIBIT "B"
LEASEHOLD IMPROVEMENTS AGREEMENT
llJis Leasehold Improvements Agreement ("Improvement Agreement") states the
agreement of County and Lessor regarding installation of Leasehold Improvements in the
Premises. .
1. DEFINITIONS.
1.1
"Accepted Construction Documents" is defined in Section 3.
1.2
in Section 4.6.
"Actual Cost of Construction of the Leasehold Improvements" is defmed
1.3 "Base Building Improvements" means those improvements to the
Premises that are physically in place at the Premises as of the Effective Date of the Lease.
1.4 "Change" and Changes" are defined in Section 6.
1.5 "Construction Contract" is defined in Section 5.4.
1.6 "Construction Dra\\ings" is defined in Section 3.
1.7 "Contractor" means Lessor's Contractor, Bycor General Contractors.
1.8 "Costs" is defined in Section 7.
1.9 "Improvements Budget"' is defined in Section 4. I and incorporated into
this Improvements Agreement as Schedule "B-3" to Exhibit "B".
1.10 "Leasehold Improvement Allowance" means the approximate sum of one
million three hundred nine thousand two hundred dollars ($1,309,200), which is $60.00 per
useable square foot of the Premises, and shall be paid by Lessor toward the cost of constructing
the Leasehold Improvements.
1.1 I "Leasehold Improvements" is defined in Section 2.
1.12 "Leasehold Improvements Contingency" is a sum of up to fifty thousand
dollars ($50,000) allocated by Lessor for completion of the Leasehold Improvements.
1.13 "Outline Specifications" means the Outline Specifications incorporated
into this Improvement Agreement as Schedule "B- I" to Exhibit "B".
I .14 "Preliminary Space Plan" means the Preliminary Space Plan incorporated
into this Improvement Agreement as Schedule "B-2" to Exhibit "B".
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1.15 "Project Designer" means Lessor's Project Designer, Block Studios.
1.16 "Refurbislmlents" is defined in Section 8.
1.17 Other terms are defined in this Improvement Agreement. The terms
defined in the Lease shall have the same meanings when used in this Improvement Agreement,
unless the context otherwise requires a different meaning.
2. PLANS AND SPECIFICA nONS FOR THE PREMISES.
TIle Project Designer has prepared the Preliminary Space Plan, attached as
Schedule 2 to Exhibit "B". The Preliminary Space Plan and Outline Specifications provide
guidelines for the Leasehold Improvements that Lessor shall install in the Premises in a manner
consistent with the Outline Specification and Improvements Budget.
3. CONSTRUCTION DRAWINGS.
Lessor shall have forty-five (45) business days from County's approval or deemed
approval of the Preliminary Space Plans to prepare and submit for County's approval
construction drawings ("Construction Drawings") based upon the Prelim inary Space Plans.
County shall have ten (10) business days after receipt of the Construction Drawings to give
written notice to Lessor of County's acceptance or rejection of the Construction Drawings.
County's decision to accept or reject the Construction Drawings shall be based solely on whether
they conform to and are a logical evolution of the Preliminary Space Plans. Unless Lessor
receives County's \\Titten rejection within ten (10) business days, the Construction Drawings
shall be deemed accepted by County. The Construction Drawings as approved, or deemed
approved, by County are referred to in this Improvement Agreement as the "Accepted
Construction Documents."
4. IMPROVEMENTS BUDGET.
4.1 Lessor shall provide County with a budget ("Improvements Budget")
showing the estimated total cost, on a "line item" basis, of constructing Leasehold Improvements
as shown on the Construction Drawings and in Schedule "B-3" to Exhibit "B" -
IMPROVEMENTS BUDGET. The Improvements Budget shall be submitted to County
concurrently with the Construction Drawings. The Improvements Budget shall include the total
costs of designing, constructing and installing the Leasehold Improvements, including the
following costs, as applicable: (i) labor and materials; (ii) permits, licenses and fees; (ill)
payments to be made to Lessor's contractors; (iv) space planning, architectural, engineering and
other consultants fees; (v) amounts to be paid for mechanical drawings, plans, specifications,
shop drawings, designs and layouts; (vi) premiums for the "course of construction" insurance
required in Section 5.6, below; (vi) construction administration; (vii) budget preparation; (viii)
equipment rental; (ix) testing and inspection; (x) sales and use (but not property) taxes; (xi)
necessary or required bonds; and (xiii) incidental costs related to the foregoing. Lessor
represents that (a) all costs in the Improvements Budget are consistent with standards in the
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industry, (b) that each line item in the Improvements Budget reflects the lowest responsible bid
for each line item, and (c) that each line item was selected from at least three (3) competitive
bids.
4.2 County shall have ten (10) business days after receipt of the Improvements
Budget to give written notice to Lessor of County's acceptance or rejection of the Improvements
Budget If Lessor does not receive County's written rejection of the Improvements Budget
within ten (10) business days after receipt of the Improvements Budget, then the Improvements
Budget shall be deemed accepted by County. Ifthe aggregate total amount of the proposed
Improvements Budget exceeds the total Leasehold Improvement? Allowance and Leasehold
Improvements Contingency, then the Improvements Budget shall not be deemed accepted by
County, but shall be subject to this section and Section 4.1.1 of the Lease and Section 4.4,
Section 4.5, Section 4.6 and Section 6.3 of this Improvement Agreement. If Lessor receives
County's written rejection of the Improvements Budget, then within five (5) business days,
County shall meet with Lessor and the Project Designer to revise the Construction Drawings to
adjust the line-item amounts, or aggregate total amount shown in the Improvements Budget to
individual amounts, or a total amount, acceptable to County. Any revisions to the Construction
Drawings needed to adjust the Improvements Budget shall be completed by the Project Designer
within five (5) business days after its meeting with County, or within a time mutually agreed by
County and Lessor. Following any revisions, Lessor shall submit a new Improvements Budget
to County for County's approval.
4.3 If County rejects or requests rcvisions to an Improvements Budget
submitted by Lessor, the aggregate total amount of which is less than thc Leasehold
Improvements Allowance and Leasehold Improvements Contingency, then any delay resulting
from the rejection or request for revisions shall cause the Scheduled Commencement Date in the
Lease to be delayed by the same number of days reasonably required for Lessor to comply with
the request An extension of the Scheduled Commencement Date shall not be granted for a delay
resulting from a rejection or a request for revisions to an Improvements Budget submitted by
Lessor where the aggregate total amount of an Improvements Budget submitted by Lessor for
County's approval is greater than the Leasehold Improvements Allowance and Leasehold
Improvements Contingency.
4.4 If the aggregate total amount ofthe Improvements Budget submitted by
Lessor for County's approval is greater than the Leasehold Improvements Allowance and
Leasehold Improvements Contingency, and, following timely receipt of County's rejection of the
Improvements Budget, Lessor is unable to adjust the aggregate total amount of the
Improvements Budget to an amount equal to, or less than, the Leasehold Improvements
Allowance and Leasehold Improvements Contingency, then County shall have the option, at
County's sole discretion, to either (i) accept the Improvements Budget, subject to agreement by
County and Lessor as to their respective responsibility for payment of the excess costs, with
County paying for excess costs in the form of a lump sum payment or as additional rent under
the provisions of Section 4.1.1 of this Lease, or (ii) terminate the Lease with County having no
further obligations to Lessor if the Improvements Budget cannot be adjusted to an amount no
greater than the sum of the Leasehold Improvements Allowance and Leasehold Improvements
Contingency, plus twenty percent (20.0%) of the Leasehold Improvements Allowance and
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Leasehold Improvements Contingency; provided however, Section 4.4(ii) shall not apply if the
Improvements Budget exceeds the sum of the Leasehold Improvements Allowance and the
Leasehold Improvements Contingency as a result of any County-initiated Changes in the
Leasehold Improvements for the Premises.
4.5 The Improvements Budget, as approved by County, shall constitute a firm
fixed/guaranteed maximum price contract between County and Lessor for Lessor to construct the
Leasehold Improvements for an amount not to exceed the approved Improvements Budget
except as provided in this section and in Section4.I.I of the Lease and Section 4.2, Section 4.4,
Section 4.6 and Section 6.3 of this Improvement Agreement. Lessor shall construct the entire
Leasehold Improvcments, including all items identified in any budgeting projections, in
compliance with the Accepted Construction Documents and the approved Improvements Budget,
at Lessor's sole cost and expense, except as provided in this section and in Section 4. I.I of the
Lease and Section 4.2, Section 4.4, Section 4.6 and Section 6.3 of this Improvement Agrecment.
Lessor shall complete construction of the Leasehold Improvements even if the cost of any
portion of the construction of the Leasehold Improvements exceeds the amounts set forth in the
Improvements Budget, or if the aggregate total cost of construction exceeds the total
Improvements Budget price or any amounts projected or budgeted, except as provided in this
section and in Section 4.1.1 of the Lease and Section 4.2, Section 4.4, Section 4.6 and Section
6.3 of this Improvement Agreement. County shall only be responsible for payment of the costs
of constructing the Leasehold Improvements, not to exceed the aggregate total amount of the
County-approved Improvements Budget, except as provided in this section and in Section 4.1.1
of the Lease and Section 4.2, Section 4.4, Section 4.6 and Section 6.3 of this Improvement
Agreement. County shall be responsible for payment of all costs of County-initiated Changes
requiring revisions in the Accepted Construction Documents, including engineering, estimating,
coordination, layout and printing of drawings, specification changes and any other incidental
expenses, to the extent the County-initiated Changes cause the cost of construction of the
Leasehold Improvements to exceed the Leasehold Improvements Allowance and the Leasehold
Improvements Contingency, as set forth in Section 6 of this Improvement Agreement. If there
are any County-initiated Changes that require revisions to the Accepted Construction
Documents, and the revisions to the Accepted Construction Documents cause the cost of
construction of the Leasehold Improvements to exceed the Leasehold Improvements Allowance
and the Leasehold Improvements Contingency, County shall reimburse Lessor, in the form of a
lump sum payment or as additional rent under Section 4.1.1 of the Lease.
4.6 As used in this Lease, the term "Actual Cost of Construction of the
Leasehold Improvements" means Lessor's actual cost to design, construct and install the
Leasehold Improvements, as documented and verified pursuant to the provisions of Section
4.6(a) through 4.6(c), below. The Actual Cost of Construction of the Leasehold Improvements
shall include Lessor's actual Costs, as defined in Section 7 of this Improvement Agreement, to
make Changes authorized by County, as set forth in Section 6 of this Improvement Agreement.
(a) Lessor shall disburse Leasehold Improvements construction funds
to its Contractor, up to the total amount of the Improvements Budget, for work performed and
materials in place on the Premises, upon certification by the Project Designer that the work has
been performed and the materials are in place. Lessor shall retain all invoices, receipts, payroll
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and expense records and other appropriate records (collectively, "Cost Records") which provide
evidence of (i) construction and installation of the Leasehold Improvements, and (ii) the Actual
Cost of Construction of the Leasehold Improvements. All Cost Records shall be maintained by
Lessor in accordance with generally accepted accounting principles, and shall be stored at
Lessor's place of business identified in Section I.l of the Lease for a period of twelve (12)
months following the Commencement Date. Copies of all Cost Records shall be delivered by
Lessor to County within ten (10) business days after Lessor's receipt of County's request for the
Cost Records.
(b) Lessor shall deliver to County, within thirty (30) days from the
Commencement Date, a letter which states the Actual Cost of Construction of the Leasehold
Improvements. The letter shall be signed by Lessor and the Project Designer, each certifying
that the Actual Cost of Construction of the Leasehold Improvements is true and correct to their
actual knowledge.
(c) Within the twelve (12) month period following the
Commencement Date, County or County's designated agent shall have the right at any
reasonable time to inspect and copy Cost Records, and to challenge the accuracy or calculation
of the Actual Cost of Construction of the Leasehold Improvements. If, after challenge by
County or County's internal auditor, an independent third-party auditor (selected by Lessor and
County) prepares an audit which indicates that Lessor's determination of the Actual Cost of
Construction of the Leasehold Improvements has resulted in the County paying rent in an
amount greater than County's obligations under this Lease, then (i) Lessor shall reimburse
County for the cost of the audit, (ii) Lessor shall reimburse County for the overpaid amounts, by
Cashier's Check, within thirty (30) days of County's demand for payment, together with interest
on the overpaid amounts at a rate equal to ten percent (10.0%), (iii) County and Lessor shall
reduce the amount of rent provided in the Lease to the amount reflected in the audit, and (iv)
Lessor shall reimburse County for its reasonable fees and costs, including reasonable attorney's
fees and costs incurred; provided, however, if the audit does not conclude that County has paid
rent in an amount greater than County's obligations under this Lease, then County shall not be
reimbursed by Lessor for the cost of the audit and County shall reimburse Lessor for its
reasonable fees and costs, including reasonable attorney's fees and costs incurred.
5. COMPLETION OF WORK. Following County's acceptance of the Construction
Drawings and Improvcments Budget, Lessor shall comply with the conditions set forth in this
Improvement Agrecmcnt pertaining to construction of the Leasehold Improvements.
5.1 Lessor shall enter into a contract for the construction of the Leasehold
Improvements with one of the three general contractors ("Contractor") chosen by competitive
bidding. Lessor may consider other relevant factors in addition to price when selecting a
Contractor, such as the experience and financial strength of the Contractor. The Contractor shall
be bondable and shall meet all licensing and insurance requirements of the State of California
and the jurisdiction in which the Premises are located. County reserves the right to approve the
Contractor, but the approval shall not be unreasonably withbeld. Subject to the County's review
and approval of bids received, the Contractor shall select subcontractors as a result of
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competitive bidding from at least three (3) subcontractors for each trade necessary to construct
the Leasehold Improvements where the labor costs for the trade will exceed six thousand five
hundred dollars ($6,500), or the material costs for the trade will exceed three thousand five
hundred dollars ($3,500). The Contractor may consider other relevant factors in addition to price
when selecting any subcontractor, such as experience and financial strength of a subcontractor.
5.2 Lessor is aware of, and will make the Contractor and all subcontractors
aware of, the County's AfTmnative Action Program for Vendor's, as described in Article 12 of
the Lease.
5.3 As part of the Improvements Budget, Lessor shall obtain and pay for all
governmental permits required to complete the Leasehold Improvements pursuant to Section 4.1
(iv) of this Improvement Agreement. Lessor shall file an application for a building permit for
the Leasehold Improvements within five (5) business days after County's approval of the
Accepted Construction Documents and the Improvements Budget. No work shall commence
until the Accepted Construction Documents are filed with the permitting authority having
jurisdiction over the Premises, all required building permits have been obtained, and the Project
Designer has certified that to its actual knowledge, if performed in accordance with the Accepted
Construction Documents, the work will comply with all laws, codes, regulations and statutes
applicable to the work.
5.4 Prior to award of any contract for construction or the installation of any
portion of the Leasehold Improvements (collectively "Construction Contract"') to the Contractor.
Lessor shall furnish to County, a true final executable copy of any proposed Construction
Contract with the Contractor.
5.5 Before commencing work on the Leasehold Improvements, Lessor shall
provide County with evidence that there exist sufficient funds to undertake and complete the
construction of the Leasehold Improvements and County agrees that Lessor may satisfy the
obligation by providing County with documentation verifying that an amount equal to the
Leasehold Improvement Allowance is impounded in an account controlled by Lessor's lender,
Artesia Mortgage Capital Corporation, and is to be allocated to Lessor for the purpose of
undertaking and completing the Leasehold Improvements for the County's Premises.
5.6 From commencement of construction of the Leasehold Improvements,
Lessor shall cause Contractor to maintain public liability, workers compensation and property
damage insurance in the form and amounts specified in tillS Lease, and during the course of
construction of the Leasehold Improvements and until the Commencement Date, Builder's Risk
Insurance in an amount equal to the expected value of the Leasehold Improvements when
construction is completed. Prior to commencement of construction, Lessor shall cause
Contractor to provide written evidence to County of the insurance coverage.
5.7 Lessor shall cause Contractor to diligently commence and complete the
co~struction of the Leasehold Improvements: (i) in a good and workmanlike manner by well-
tramed, adequately supervised workers; (ii) in compliance with the Accepted Construction
Documents (except for insubstantial deviations which do not interfere with the utility or use of
CCSF.85.11D, Rev. 02/2004
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the Leasehold Improvements); (iii) in compliance with all governmental and quasi-govemmental
rules, regulations, laws and building codes (including safety requirements), and all requirements
of the Lessor's and Contractor's insurers and lenders; and (iv) in a manner free from all design,
material and workmanship defects.
5.8 County shall have the right prior to completion of construction of the
Leasehold Improvements to enter the Premises for the purpose of inspecting construction
progress, making punch-list inspections, and installing any fixtures, telephones, electronic
communication or special equipment as County may desire, all without incurring any obligation
for the payment of rent or additional sums. County shall provide evidence of self-insurance, or
County's vendor, shall provide Lessor with evidence of County's insurance coverage for the
installation of any fixtures, telephones, electronic conununication or special equipment, as
rcasonably required by Lessor. County shall use its best efforts to minimize interference with
Lessor's construction of the Leasehold Improvements and will give written prior reasonable
notice on the dates, times and scope of work to be performed to Lessor and Contractor of
County's desire to enter the Premises. County will coordinate all installation work with
Contractor. Any occupancy delays caused by County's installing of any fixtures, telephones,
electronic communication or special equipment shall not be a basis for delay of the
Commencement Date of this Lease.
5.9 Lessor shall disburse Leasehold Improvement construction funds to
Contractor and subcontractors for work performed and materials in place and on the Premises,
upon certitication by the Projcct Designer that the work has been performed and the materials are
in place on the Premises. Contractor shall rctain on behalf of Lessor all invoices, receipts and
other appropriate records evidencing that the work has been performed and that the materials are
in place on the Premises. Copies of all invoices, receipts and other appropriate records related to
the Leasehold Improvements shall be delivered by Lessor to County within ten (10) business
days after Lessor's receipt of County's written request.
5.10 Lessor shall complete construction of the Leasehold Improvements on or
before the Scheduled Commencement Date. The Scheduled Commencement Date may be
adjusted under the provisions of this Lease.
5.11 Lessor shall cause the Leasehold Improvements to be constructed free of
any liens. If any liens are filed against the Premises or any portion of the Property as a result of
construction of the Leasehold Improvements or any other construction conducted by Lessor, the
liens shall be removed at Lessor's sole cost, and Lessor shall indemnify and defend County
against all costs associated with the removal of the liens and the defense of any litigation filed
pursuant to the removal of any liens.
5.12 Within thirty (30) days of County's acceptance of the Leasehold
Improvements, Lessor shall deliver to County's Lease Administrator two (2) sets of "as-built"
drawings, showing the construction of the Leasehold Improvements in place.
5.13 Lessor shall, as appropriate under the terms of the Lease, assign to County
any manufacturer's warranties \\~th respect to construction of the Leasehold Improvements.
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5.14 County's acceptance of the Leasehold Improvements pursuant to the
provisions of Section 3.1.3 of this Lease shall not be deemed to constitute acceptance by County
of any latent construction defects. Lessor shall deliver to County an original Certificate of
Occupancy for the Premises issued by the permitting authority within ten (10) business days
following completion of the Leasehold Improvements. Lessor shall record a Notice of
Completion promptly upon completion of the Leasehold Improvements and forward a certified
copy of the Notice of Completion to County.
5.15 County shall not be responsible for payment of any costs of removal or
abatement of any Hazardous Materials, as defined in Article 10 of this Lease, encountered during
construction or installation of the Leasehold Improvements.
6. CHANGES.
6.1 If County wishes to make a change ("Change" or "Changes") in the
Leasehold Improvements as shO\'ffi on the Accepted Construction Documents, whether prior to
or after the commencement of construction of the Leasehold Improvements, it shall give prior
written notice to Lessor of the requested Change. Lessor shall, within five (5) business days
thereafter, give County a reasonable good faith estimate of any increase or decrease in the Costs
of constructing the Leasehold Improvements resulting from the requested Change, and the delay
in completing the construction of the Lcasehold Improvements, if any, that would result from the
Change.
6.2 If County elects to proceed with the Change, it shall deliver prior written
notification of the Change to Lessor, and Lessor shall incorporate the Change into the Accepted
Construction Documents and the Leasehold Improvements. Any Change to the work may be
made only upon written request to Contractor by Lessor approved in writing by County, in each
. instance evidenced by a written change order describing the Change.
6.3 County shall be responsible for any extra cost in the Improvements Budget
resulting from Changes requested by County, and for any resulting delay in the Scheduled
Commencement Date, but only up to the amount of Lessor's prior estimates of the Costs, or of
any delay. County shall reimburse Lessor for any increase in the Costs of the Leasehold
Improvements resulting from any Changes requested by County, with County paying for excess
costs in the form of a lump sum payment or as additional rent under the provisions of Section
4.1.1 of this Lease. County shall receive credit for any decrease in the Costs of the Leasehold
Improvements resulting from any Changes requested by County.
6.4 Any Change shall be incorporated into the work in accordance with all of
the terms and provisions of this Improvement Agreement pertaining to construction of the
Leasehold Improvements, including without limitation those provisions governing compliance
with applicable laws, obtaining permits, and competitive bidding.
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7. COSTS. As used in this Lease, the term "Costs" means the Costs actually
expended by Lessor, as certified by the Project Designer, to install Leasehold Improvements in
accordance with the Accepted Construction Documents and working drawings prepared for the
Leasehold Improvements by Lessor pursuant to the instructions and approval of County,
including the following, as applicable: costs of preparing space plans, construction plans,
working drawings and the Accepted Construction Documents; costs of preparing the
Improvements Budget; costs oflabor; costs of equipment and material; contractor's field
overhead and fees (not to exceed five percent (5.0%) of the total Costs); engineering fees; costs
of governmental permits and plan-check fees; testing and inspection Costs; Lessor's direct field
supervision fees (not to exceed three percent (3.0%) of the total costs); sales and use taxes (but
not real property taxes); bonds; and other costs directly related to the construction of the
Leasehold Improvements. Other than as set forth above, Costs shaIl not include any construction
loan fees, if any.
8. REFURBISHMENT.
So long as County exercises any option it has under the Lease to extend the Term,
Lessor shall, upon County's written request, provide at the beginning of the First Extension
Period and Second Extension Period, as applicable, new paint and carpeting in the Premises
("Refurbishments"). Upon receipt of written notification from County of its intent to extend the
Tenn, Lessor shall at the beginning of the First Extension Period and at the beginning of the third
year of the Second Extension Period, as applicable, arrange and pay for the cost of painting and
carpeting, and associated costs such as moving furniture in order to complete the Refurbishments
at the beginning of the First Extension Period and at the beginning of the third year of the Second
Extension Period, as applicable. Lessor shall complete the Refurbishments for any extension
period no later than ninety (90) days following beginning of the First Extension Period and the
beginning of the third year of the Second Extension Period, as applicable. All the criteria and
requirements applicable to construction of the Leasehold Improvements shall also be applicable
to completion of the Refurbishments, including, but not limited to, compliance with all
applicable laws, the procedure for acceptance of the Refurbishments by County. and Lessor's
insurance requirements.
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SCHEDULE "B-1" TO EXHIBIT "B"
OUTLINE SPECIFICATIONS
DIVISION 0 - INTRODUCTION INFORMATION
00700 GENERAL CONDITIONS
The Lessor shall acquire a Project Designer, who is licensed to practice
architecture in the State of California, to provide complete professional services
for the design and construction of the Leasehold Improvements. The Lessor and
the Project Designer shall be responsible for the integrity of the design and
construction of the Leasehold Improvements and conformance with any and all
codes. During the construction of the Leasehold Improvements, the Lessor,
Project Designer, and the Contractor shall be available to attend regularly
scheduled project meetings.
DIVISION 1 - GENERAL REQUIREMENTS
01010 SUMMARY OF WORK
The Lessor shall improve the Premises in compliance with the Accepted
Construction Documents.
01035 MODIFICATION PROCEDURES
See Exhibit "B", Section 6, Changes.
01040 COORDINATION
During the construction of Leasehold Improvements, the Lessor shall direct a1l
construction related communication to the County's Project Manager. The
County's Project Manager shall be identified in writing by County's Lease
Administrator upon County's execution of this Lease. All County communication
to the Project Designer and the Contractor shall be made through the Lessor,
unless otherwise agreed between County and Lessor.
01060 REGULATORY REQUIREMENTS
The Leasehold Improvements shall be constructed and installed in compliance
with all applicable federal, state, and local codes and regulations. The most
recently adopted versions shall apply. All codes and regulations shall be
considered to be the minimum building needs and life safety standards. The
Leasehold Improvements shall comply with the American Disabilities Act of
1990 requirements, life safety requirements, and California Administrative Code
Title 24 requirements.
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01200 PROJECT MEETINGS
The Lessor shall provide a suitable place at the job site for conducting project
meetings. The Contractor shall record and distribute all meeting notes. A pre-
construction meeting for the Leasehold Improvements shall be conducted
immediately after County's execution of this Lease. Scheduled progress meetings
shall be held regularly thereafter, until the Premises are accepted by County.
01300 SUBMITTALS
Lessor, the Project Designer, and Contractor shall be responsible for submittals as
follows:
A. The Project Designer shall provide a list of required submittals to the
Contractor, with a copy to the County's Project Manager, no later than
five (5) business days after the pre-construction meeting. The Project
Designer shall review all submittals and, if deemed acceptable and when
necessary, forward these to the County's Project Manager for review.
B. Contractor shall submit to the County's Project Manager a construction
schedule for the Leasehold Improvements no later than five (5) business
days after the pre-construction meeting.
C. All colors and materials for the Leasehold Improvements shall be selected
by the County's Project Manager. The Lessor shall provide adequate
samples to the County's Project Manager, and allow reasonable time for
selection of colors and materials.
D. Prior to the installation of any lockscts in the Premises, Lessor shall
provide County's Project Manager with a key schedule for the Premises
for review and approval. lf a key schedule is not provided prior to
installation of the locksets, Lessor shall be responsible for any and all re-
keying or changing of locksets which are reasonably necessary to meet
County's requirements.
E. Upon the County's request, the Lessor shall provide certified copies of
payrolls and other documents which may be deemed necessary to verify
equal employment opportunity, non-segregated facilities, and statutory
requirements.
01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
The Lessor is responsible for maintaining the safety and security of the Leasehold
Improvements job site. The Lessor shall post project identification, distinguish
and mark the areas where a hard hat is required, govern that the hard-hat
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requirement is complied with, and erect barricades if necessary to control non-
construction traffic. The job site shall be kept clean at all times.
01700 CONTRACT CLOSEOUT
The Lessor shall abide by the acceptance provisions set forth in Article 3 and
Exhibit "B" of this Lease. During any of County's walk-through inspections, the
Lessor shall prepare a punch-list of deficient items and submit this list to the
County's Project Manager for review. This punch-list shall be used by County to
prepare the "list of deficiencies" described in the Section 3.1.3. Acceptance of
Premises bv County of this Lease.
01720 PROJECT RECORD DOCUMENTS
Lessor shall cause a set of as-built documents, including specifications and
drawings, to be up-dated and maintained at the job site by the Contractor. Lessor
shall submit two (2) sets of as-built documents to County as required in Section
5.12 of Exhibit "B".
01730 OPERATION AND MAINTENANCE DATA
Upon the completion of construction, Lessor shall submit two (2) copies of all
operation and maintenance manuals for the Leasehold Improvements to County.
The Lessor shall conduct demonstration sessions, as requested by the County,
which shall instruct County staff on how to maintain and operate the Leasehold
Improvements.
DMSION 2 - SITEWORK
02050 DEMOLITION
Promptly remove and properly dispose all unused materials and debris from the
job site: Properly cap-off all pipes, ducts and conduits as required.
02780 POWER AND COMMUNICATION
Power and communications shall be shall be routed to the Premises and Leasehold
Improvements via underground conduits.
02800 SITE IMPROVEMENTS
The parking lot and all exterior hard surfaces serving the Leasehold
Improvements shall be properly paved and sealed, and provide adequate sewerage
and drainage. Parking spaces shall be clearly marked, including all required
identifications for the physically disabled.
CCSF.85.11D, Rev. 02/2004
B-12
", ,to
37
DIVISION 3 - CONCRETE
No special requirements.
DIVISION 4 - MASONRY
No special requirements.
DIVISION 5 - METAL
No special requirements.
DIVISION 6 - WOOD AND PLASTICS
06200 FINISH CARPENTRY/ARCHITECTURAL WOODWORK
Lounge. Provide commercial grade base cabinets and wall-hung upper cabinets.
Cabinets shall have laminated plastic finish. Provide black or white melamine
interior shelving. Each base cabinet shall have one (1) adjustable shelf. Each
wall-hung upper cabinet and each full height cabinet shall have adequate number
of adjustable shelves so the shelves can divide the interior into sections of no
more than 12 inches in height. Counter top shall be plastic laminate with 4-inch
back splash. Provide power outlets at 24 inches on center at back splash.
New RestroomslShowers. Provide laminated plastic lavatory counters in new
restrooms with 6-inch front apron and 4-inch back splash.
Core Area Restrooms. Existing improvements to remain.
Receotion Counter. Provide reception counter. Occupying County department to
provide specifications to Lessor.
Prisoner Room. Provide bench and wainscot. Occupying County department to
provide specifications to Lessor.
Conference Room. Provide television-audio/visual cabinet. Occupying County
department to provide specifications to Lessor.
Suoolv Room. Provide millwork. Occupying County department to provide
specifications to Lessor.
CCSF.BS.llD, Rev. 02/2004
B-13
"
37
All millwork shall be manufactured and installed in accordance with the standards
in the latest edition ofthe Manual of Millwork of the Woodwork Institute of
California in the grade or grades specified or shown on the Accepted Construction
Documents. Comply with the standard in effect at the time of bid applicable
requirements of "Manual of Millwork", published by W.LC., unless otherwise
specified.
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
No special requirements.
DIVISION 8 - DOORS AND WINDOWS
08200 WOOD DOORS
Interior doors shall be 3'0" wide x 7'10" high x 1-3/4" thick veneer face, unless
otherwise specified. Provide silencers and door stops at all doors. Occupying
County department to provide Lessor with locations of doors requiring windows.
08700 FINISH HARDWARE
Provide building standard locksets. If there are existing doors to remain, revise
locksets to match the new hardware. All hardware shall have lever handles and
all automatic door closures shall conform with ADA requirements. Provide
cipher locks for rooms indicated in lease plans, Unican Simplex 1000 with lever
handle or an approved equal.
08800 GLAZING
New Restrooms/Showers. Provide a mirror to extend the full width of the
lavatory counter from the top ofthe back splash to 7 feet above floor. Provide
mirror for the physically disabled as required by codes.
Core Area Restrooms. Existing improvements to remain.
Other Interior Glazing. Occupying County department to provide specifications
to Lessor.
CCSF.85.11D, Rev. 02/2004
8-14
.
...
37
DIVISION 9 - FINISHES
09200 INTERIOR WALLS
ThroUlmout Premises. Full height Level 4 smooth finish walls shall be fully
insulated with R-II insulation batt. Provide fire-rated walls and fire separation
walls in accordance with codes.
Fabric Wraopcd Panels. Occupying County department to provide specifications
to Lessor.
09300 TILES
New Restrooms/Showers. Provide slip-resistant glazed ceramic tile flooring with
6-inch high ceramic tile base, and full height ceramic tile on all walls in new
restrooms where required by applicable code requirements in effect in the City of
Chula Vista. Provide tile on all surfaces within shower enclosures where required
by applicable code requirements in effect in the City of Chula Vista. Provide tile
on restroom walls where required by applicable code requirements in effect in the
City of Chula Vista.
Core Area Restrooms. Existing improvements to remain.
09500 CEILING SYSTEMS
Where a suspended ceiling is required, provide acoustical ceiling system in light
color. Where a suspended ceiling is not required, structural members and
suspended pipes, ducts, conduits, etc. shall be architecturally designed to provide
a pleasant appearance.
09600 CARPET
Throul!hout Premises. Provide commercial grade 24-inch x 24-inch carpet tiles
with direct glue-down installation, in all areas unless specified otherwise. Provide
4-inch high carpet wall base in all carpeted areas, except along exterior walls with
windows where 2-inch high carpet wall base shall be used.
09650
RESILIENT FLOORING
Throul!hout Premises. Provide 4-inch high rubber base in areas \vith resilient
flooring unless specified otherwise.
LounlZe. StoralZe Rooms. Teleohone Room. Janitor Closet. Provide resilient
flooring in lounges, storage rooms, telephone rooms and janitor's closets. Sub-
CCSF.85.11D. Rev. 02/2004
B-15
'.
37
floor surfaces shaH be prepared in accordance with flooring manufacturer's
recommendations to receive new flooring.
09900 PAINTING
Provide two-coat finish oflo-sheen paint on all Level 4 smooth finish interior
walls unless specified otherwise.
DIVISION 10.. SPECIALITIES
]0160 METAL TOILET COMPARTMENTS
New Restrooms/Showers. Provide plastic laminate toilet partitions in new
restrooms. Provide one coat hook in each toilet compartment.
Core Area Restrooms. Existing improvements to remain.
]0400 IDENTIFYING DEVICES
Provide adequate exterior and interior directories and signs to identify rooms and
provide directions. Interior signs shall be made of II4-inch plastic with transfcr
lctters. The Lessor shall meet with the County's Projcct Manager to acquire
detailed sign specifications, prior to County's acceptance of the Leasehold
Improvements. All bilingual signs shall be as specified by County's Project
Manager and users. All signs shall conform with the sign program for the
building and shaH comply with the requirements of Section 5.2 of this Lease.
]0650 OPERABLE PARTITIONS
Provide operable partitions in Conference Room - 354 and Conference Room -
370. Operable partitions shall have manually operated, pair hinged panels.
Operable partitions shall be Hufcor #632 or an approved equal.
10800
TOILET AND BATH ACCESSORIES (AMERICANS WITH
DISABILITIES ACT (ADA) COMPLIANT)
New RestroomslShowers.
a. Provide a center mounted single handle faucet .and a soap dispenser at
each lavatory in the new reslrooms. Faucets shall be Zum, heavy duty
commercial faucets with a rotating stainless steel ball mechanism. All
stainless steel restroom soap dispensers shall be by Bobrick, or approved
equal. Lessor may provide faucets and soap dispensers equal to these if
approved by the County's Project Manager.
CCSF.8S.11D, Rev. 02/2004
B-16
.: -.
37
b. Provide a seat cover dispenser and a double-roll toilet paper dispenser in
each new toilet compartment. Provide a sanitary napkin receptacle in each
new toilet compartment used by women.
c. Provide adequate paper towel dispenser/disposal in each new restroom.
d. Provide a wall-mount combination sanitary napkin and tampon dispenser
in each new women's restroom. The dispenser shall have a capacity of 17
napkins and 26 tampons, and shall be coin-operated with 25-cent action.
e. Provide a single handle faucet with hot and cold water service, at each
sink in lounges. The faucet shall be by Zurn, or an approved equal.
Lounge. Provide hot drinking water dispenser at the kitchen/break room sink.
The hot water dispenser shall be In-Sink-Erator Model H -770, or an approved
equal.
DIVISION 11 - EQUIPl\IENT
No special requirements.
DIVISION 12 - FURNISHINGS
12500 WINDOW TREATMENT
Provide building standard vertical blinds for all exterior windows.
12600 SYSTEM FURNITURE
Modular furniture and system furniture to be installed by County vendor. Lessor
shall provide wall mounted power/communications distribution system to the
modular furniture and systems partitions as shown in the Preliminary Space Plan.
Lessor shall coordinate the location of the power, telephone and data connections
with County's furniture and telephone/data vendors. Lessor shall provide the
final power connection to the modular furniture and system furniture. County's
telephone/data vendor shall provide all telephone and data wiring connections for
the modular furniture and systems furniture.
DIVISION 13 - SPECIAL CONSTRUCTION
13900 FIRE AND SECURITY SYSTEMS
Security SYstem. Security system to be provided by County or County vendor.
CCSF.BS.llD, Rev. 02/2004
8-17
37
IDF Room Fire Svstem. Lessor to provide aragonite fire suppression system.
DIVISION 14 - CONVEYING SYSTEM
No special requirements.
DIVISION 15 - MECHANICAL
15300 FIRE PROTECTION
Provide adequate fire extinguishers and other fire safety devices as required by
local Fire Marshal. Maintain all fire safety equipment in good worlcing condition.
Existing or new fire alarm system shall comply with ADA requirements.
15440 PLUMBING FIXTURES
Guidelines set in Uniform Plumbing Code shall be considered the minimum
requirements in detemlining numbers offacililies.
New Restrooms/Showers:
a. Provide self-rimming vitreous china lavatories.
b. Provide vitreous china flush-valve water closets with open-front plastic
seats. Seats shall be made of heavy-duty commercial grade material with
a non-absorbent finish.
c. Provide vitreous china blowout wall-hung flush-valvc urinals with water
reservoir.
d. Provide a floor drain in each restroom near thc center of the room,
preferably located under a toilet partition. Slope floor to drain.
e. Provide fixturcs to serve new showcrs.
Core Area Restrooms. Existing inJprovements to remain.
Loun~e. Provide stainless steel singlc bowl commercial grade sink with heavy
duty garbage disposer in lounge.
CCSF.8S.11D, Rev. 02/2004
B-18
,
r", -.
37
15500 HEATING, VENTILATING, AND AIR CONDITIONING
The following shall be considered the minimum requirements for all areas in the
Premises. Some areas, such as telephone rooms, computer rooms, and restrooms
may have additional requirements.
The heating, ventilation and air conditioning ("HV AC") system shall be capable
of supplying outside air at 20 CFM per occupantJor a maximum occupancy of
180 occupants in the Premises, and maintaining minimum air circulation at 1
CFM per square foot. All areas in the Premises shall receive a minimum of six air
changes per hour.
Office areas shall be reasonably quiet, with a sound range not exceeding 55 db on
the "A" sound scale, 50 db on the NC curve, or 58 db on the third band frequency
(250 cycles).
The temperature control standards shall be set by the Lessor's building manager
to have the temperature control devices set so that the dry-bulb temperature in the
facility during occupied periods in not lower that 78 degrees Fahrenheit when
cooling or higher than 68 degrees Fahrenheit when heating. If the temperature in
different rooms is controlled by one thermostat, the average dry-bulb temperature
of those rooms will be used to determine compliance with the regulations
regardless of the thermostat setting. In computer rooms and telephone rooms, the
HV AC system shall maintain a mean room temperature of 68 degrees Fahrenheit,
and shall ensure that the room temperature never exceeds 73 degrees Fahrenheit.
The IN AC system shall be designed such that computer rooms and telephone
rooms are zoned separately from other areas of the facility. These rooms,
however, may be served jointly on the same zone. The HV AC system shall be
designed to dissipate heat from telecommunications equipment and computer
equipment.
Smoking is prohibited in all County occupied buildings. The HV AC system docs
not need to be designed to accommodate air changes due to smoking in the
facility. The HV AC system shall be designed to accommodate air changes due to
heat generated by personal computers.
All thermostats shall be secured by locked cases. Keys to the cases shall be
provided to the County's on-site building manager.
The system shall be fully automatic, operational HV AC system including HV AC
equipment with supply and return duct work, controls, air supply and return
outlets.
The HV AC system shall be designed, installed, and maintained to function in
accordance with the latest standards and recommendations of:
CCSF.85.11D, Rev. 02/2004
B-19
",
37
the American Society of Heating, Remgeration and Air Conditioning
Engineers, Inc. (ASHRAE 62-1999 and ASHRAE 55-1992)
the National Fire Protection Association Standards 90A
the Uniform Mechanical Code
Energy Conservation Standards Title 24
the Uniform Building Code
The Lessor and the Project Designer shall carefully divide the Premises into
separate HV AC zones so that each zone will meet the above requirements. For
example, the lobby will have a heavier occupant load than staff areas, and
conference rooms will occasionally have extra-heavy occupant loads. Maximum
zone shall not exceed 2,000 square feet. Zone each system according to
occupancy and exterior orientation. Do not combine interior and exterior zones
on the same system.
Exhaust for bathroom, kitchens, etc., shall be at a rate of2 CFM per square foot.
DIVISION 16 - ELECTRICAL
16050 ELECTRICAL
Power Outlets. Provide two (2) quadriplex power outlets to each work station and
each private office. Provide four (4) duplex power outlets to each conference
room and other miscellaneous rooms. In computer rooms and telephone rooms,
provide power outlets according to the attached Telecommunications
Specifications. In all other areas, provide adequate power outlets to support the
need for vacuum cleaning. In addition, provide dedicated power outlets to the
locations as needed by the County. All outlets shaIl be either recessed in walls or
instaIled in system furniture panels.
Electrical Panels. AIl electrical panels located in the office areas shaIl have
lockable covers, and shaIl be finished to match adjacent conditions.
16500 LIGHTING
Provide building standard Columbia #P4D24-3 DuraLouver Parabolic, 2-foot x 4-
foot ceIl, with three (3) F32T8m35 lamps.
16700 COl\IMUNICATIONS
Provide two (2) telephone/data outlets to each work station, each private office
and all areas shown in plan. In computer rooms and telephone rooms, provide
telephone/data outlets according to the attached Telecommunications
CCSF.BS.IID, Rev. 02/2004
B-20
'.
37
Specifications. All outlets shall be either recessed in walls or installed in system
furniture panels.
The County's telephone vendor shall specify the County's
telephone/communications system. The County's telephone vendor requires a
main telephone room, with a demarcation between the main telephone room and
. the County phone room. The main telephone room shall be where shown on the
Preliminary Space Plan. County's telephone vendor requires telephone closets to
be located so that all telephone/data devices are within a 200-foot wire run from
any telephone closet. A 4-inch conduit shall be provided from the main telephone
room to each closet. Adequate electrical and air conditioning systems shall be
provided to support the main telephone room and closets, as specified in the
attached Telecommunications Specification. Telephone and data jacks, wiring,
and devices will be provided by the County. Wiring and devices associated with
the security systems shall be provided by County. Refer to the attached
Teleconununicatiolls Specifications for detailed requirements.
A path shall be provided for each telephone/data device between the device and a
telephone closet. The path shall comply with the following requirements:
A. Through full height walls and fire walls:
Provide 4-inch conduit penetrating the wall. Seal betwecn the conduit and
the wall. County's telephone vendor will seal between the conduit and
wires after wiring. Provide conduit sleeves in accordance with codes.
B. Through underground ducts:
Provide pull ropes throughout the path. Provide adequate junction boxes.
C. Through ceiling cavities at lay-in ceilings:
Telephone/data wires are to be tied up and away from the ceiling grid.
Inform the County Project Manager during design phase whether the
ceiling cavity is return air plenum.
D. Through ceiling cavities at hard ceilings:
Telephone/data wires above ceiling structural members must be hung or
tied per City of Chula Vista code, provided those structural members are
placed no further than 4 feet on center in both directions. Provide
adequate access panels for wiring.
If ceiling structural members are more than 4 feet apart in either direction,
provide adequate continuous conduits with pull ropes and adequate
junction boxes in the ceiling cavity. Provide adequate access panels for
CCSF.8S.11D, Rev. 02/2004
B-21
"
37
wmng. Infonn the County's Project Manager during design phase
whether the ceiling cavity is return air plenum.
E. Between telcphone rooms, telephone closets and computer rooms:
Provide adequate number of 4-inch conduits with pull ropes and adequate
conduits.
F. To system furniture panels:
Provide power to components.
G. County shall provide one PacBcll RJ38 X telephone line for security
requirements to be installed in County telephone/data room. Phone lines
shall be installed prior to fire marshal's [mal inspection approval of the
leased premises.
H. In situations not described above:
Consult the County"s Project Manager early in the Leasehold
Improvements design, recommend solutions, and expedite the solution
accepted by the County's Project Manager.
CCSF.8S.110, Rev. 02/2004
B-22
>.
37
TECHNICAL SPECIFICATIONS FOR
MAIN TELEPHONE ROOMS
Electrical
TYPICAL (100-500 staff) MUL TICARRIER
1. 5000V A UPS
Qty. I dedicated 208V AC single phase circuit
Circuit Breaker Size: 30 amp
Type: Two pole
Circuit Termination: NEMA 5-15R
2. 120VDC BBC W/Charger
Qty. 2 dedicated 120V AC single phase receptacle
Circuit Breaker Size: 15 amp
Type: Single pole
Circuit Termination: NEMA 5-15R
3. Single Point Ground
Qty. 1 #6 A WG extend from cxisting ground bar
Qty. 1 #6 A WG ground bar with a minimum of tcn #6 ground distribution connections
4. Overhead lighting typical 4-foot panels required.
5. Provide a Quad 120V AC 20 amp dedicated circuit in each intermediate telephone closet.
Environmental Reouirements
TYPICAL (100-500 staff) l\IUL TICARRlER
I. Recommended continuous operating range
Temperaturc: 65 degrees Fahrenheit to 85 Fahrenheit room air temperature
Humidity: 20 percent to 60 percent relative humidity
2. Total heat dissipation
PBX system is 6,800 BTUlhour
UPS system is 1,054 BTUlhour
CCSF.B5.110, Rev. 02/2004
B-23
.,
37
3. WalllFloor loading
Total weight of PBX (wall) is 520 pounds
Total weight of UPS (floor) is 1,246 pounds
4. The telephone room shall have a dual stand alone HV AC system consisting of two
dedicated x-ton (BTU's wiII be calculated at a later time) air conditioning units that will
run continuously. Unit I wiII run 72 hours at a time and then switch to Unit 2, which wiII
run for 72 hours while Unit I is off. These units will run 24 hours a day, 365 days a year.
Provide alarm monitoring contacts for remote monitoring.
5. Air conditioning units are to be installed outside of the ceiling space directly above the
main telephone room.
6. Install thennostat next to the telephone room entrance.
Floor Snaee
TYPICAL (100-500 staff) J\lUL TICARRIER
Minimum requirements 12 feet x 15 feet
Wall Snaee
TYPICAL (100-500 staff) MUL TICARRIER
Minimum requirements 2 sheets of 4' x 8' x 3/4" plywood
Closets
The nunlber of closets wiII be dictated by the floor plan of the building, "L" shaped buildings
would require more closets, as well as risers to support the closets. The size of the closet \ViII be
dictated by the size of the building and number of users.
Fire Code
Provide adequate fire protection in the area of the main telephone room.
Conduits
1. Provide and install (3) 4-inch conduits between the building telephone equipment room
and the local telephone company's service connection.
CCSF.85.11D. Rev. 02/2004
B-24
"
'.
.
37
2. Telephone closets for a building with multiple floors require the following design
considerations:
a) Telephone closets shall be stacked on top of each other.
b) 4-inch conduits connect each closet.
c) In large buildings, where two stacks oftelephone closets exist, horizontal
4-inch conduits connecting the closets on the same floor must be placed,
forming a conduit ring back to the main telephone room.
3. Provide the following for the telephone outlets/mud rings:
a) Install 3-inch conduit stubs between the telephone outlet and above drop
ceiling.
b) Provide a pull line in all conduits equivalent to #14 A WG 3/16
polypropylene.
4. Provide adequate 2-inch conduit stubs across hard ceilings and through the fire walls.
The contractor is to provide access between all telephone outlets and the serving
telephone closet.
5. Cores/power poles are to be provid",d in floor areas where there is no access to modular
partition systems.
6. A conduit path is to be provided from each c1evator. Elevator telephones wiII be tied to
the County telephone system. .
7. Under the floor cable duct distribution systems, require adequate duct space to
accommodate multiple cable pulls. Access shall be provided in and out of this type of
duct system to each partition modular furniture connection.
CCSF.8S.11D, Rev. 02/2004
B-25
37
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37
SCHEDULE "B-3" TO EXHIBIT "B"
I~lPROVEMENTSBUDGET
Budget Break Down
District Attorney I South Bay
Based on Prints For Permits/Pricing 02-28-07
Pricing Addition 03..05-07
Addendum #1 03-14-07
Soft Costs
Architectural Rngineering & Engineering Fees $45,117
(Construction Documents)
Permits $20,000
Prints $2,500
Design services for upgrades $20,900
Su.b Total $88,517
Construction costs $1,218,452
Total Costs $1,306,969
$ 1,294,507/21,820 useable sq ft $59.90
Tenant Improvement Allowance
21,820 useable sq ft x $ 60.00 $1,309,200
Total Costs $1,306,969
Total Under Budget $ 2,231
/I
.Approved by lof~~ Date 3/2.6 J;;.
~
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CCSF.85.110. Rev. 02/200'
B-27
37
EXHIBIT "C"
EARLY TERl\IINATION CHARGE
Early Termination Char!!e Durin!! the Initial Term. So long as County is not in default of
its obligations under this Lease, County has the right to terminate this Lease to be effective at the
end of the sixtieth (60th) month of the Term or at the end of the seventy-second (nnd) month of
the Term, upon at least one hundred eighty (180) days prior written notice to Lessor. If County
elects to terminate this Lease, County shall pay to Lessor, in conjunction with the final Base
Monthly Rent payment, an early termination charge equal to the sum of the unamortized costs of:
(1) the Actual Cost of Construction of the Leasehold Improvements installed by Lessor, and (2)
the Commission paid by Lessor to County's Broker and Lessor's Broker, which shall be
amortized using an interest rate often percent (10.0%) per annum for a period of seven (7) years.
The early termination charge shall be calculated as follows:
ETC = (84 - LM) x ((ACC + C) x 0.016601184))
\Vhere,
ETC = Early Termination Charge
LM = Lease Month the tennination is effective (The last month of the lease)
ACC = The amount oftl1e Actual Cost of Construction of the Leasehold
Improvements
C = The amount of the Conunission
The number 0.016601 184 is the constant used to calculate the monthly payment
necessary to amortize $ I at a montWy interest rate of 10.0% for a period of 7
years.
Following the Commencement Date of this Lease, Lessor shall provide County with a written
statement of the actual total costs expended by Lessor for (I) and (2) above, on which an early
termination charge will be calculated.
Basis of Calculation:
To verify the constant using a financial calculator, use the following inputs: Present Value = _
$1; Term = 7 years (7 x 12 = 84 months); Interest Rate = 10.0% (10/12 = .83333333).
To verify the formula using a financial calculator, use a hypothetical termination effective at the
end of the 60th month of the lease and a figure of$ I ,300,000 for the Actual Cost of Construction
and $200,000 for the Commission ("PV"); use 7 years as the Term ("n"); use 1 0.0% as the
Interest Rate ("i"). The resulting monthly payment is $24,901.78. That number times the
number of months of the term remaining upon termination equals the penalty (84 months - 60
months = 24 months; 24 months x $24,901.78 = $597,642.% termination penalty.)
..,1. e':IoI~
CCSF.85.11D. Rev. 04/99
cf1JJ
C-]
"
37
ExarnDle usine: the formula:
ETC = (84 - LM) x ((ACC + C) x 0.016601184))
ETC = (84 - 60) x (($1,300,000 + $200,000) x 0.01660118))
ETC = (84-60) x ($1,500,000 x 0.016601184)
ETC = 24 x $24,901.78
ETC = $597,642.72
CCSF.B5.11D. Rev. 04/99
C-2
37
EXHIBIT "D"
SERVICES TO BE PROVIDED BY LESSOR
Unless stated to the contrary, the following services shall be provided five business days (5) days
per week, Monday through Friday excluding non-business days, between the hours of 6:00 a.m.
and 6:00 p.m.:
1. ELEVATOR SERVICE
Lessor shall ensure that all of the elevators located on the Property, in the Premises, or in
the Common Facilities shall be available to County at all times, and shall operate twenty
four (24) hours per day, seven (7) days per week.
2. HEATING. VENTI LA TION AND AIR CONDITIONfNG SERVICE
The Lessor shall ensure that the following heating, vcntilating, and air conditioning
system ("HV AC System") requirements are maintained throughout the Premises and the
interior Common Facilities between the hours of6:00 a.m. and 6:00 p.m. (except as
noted).
The requirements of this Section shall be considcrcd the minimum requirements for all
areas in the Premises and thc interior Common Facilities. The HV AC System shall, at all
times, meet the specifications set forth in the mosl currently adopted version of the
Uniform Building Code.
The HV AC System shall be capable of supplying outside air at 20 CFM per occupant for
a maximum occupancy of 180 occupants in the Premises, and maintaining minimum air
circulation at I CFM per square foot. All areas in the Premises and the interior Common
Facilities shall receive a minimum of six (6) air changes per hour.
All areas in the Premises and the interior Common Facilities shall be reasonably quiet.
Throughout these areas, the BV AC system 1I0isc shall not exceed 55 db on the "A" sound
scale, 50 db on the NC curve, or 58 db on the third band frequency (250 cycles).
Except as specified below, the HV AC System shall, in all areas, maintain room
temperatures of not less than 68 degrees Fahrenheit, and not more than 78 degrees
Fahrenheit, as specified by the County Board of Supervisors.
The HV AC System shall be maintained such that it functions at all times, in
accordance with the latest standards and recommendations of:
the American Society of Heating, Refiigeration and Air Conditioning
Engineers, Inc.
the National Fire Protection Association Standards 90A
CCSF.8S.110, Rev. 02/2001
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the Uniform Mechanical Code
Energy Conservation Standards Title 24
the Uniform Building Code.
The Lessor and the Project Designer shall carefully divide the Premises into separate
HV AC zones such that each zone will meet the above requirements. For example, the
lobby will have a heavier occupant load than staff areas, and conference rooms will
occasionally have extra-heavy occupant loads. Maximum zone shall not exceed 2,000
square feet. Zone each system according to occupancy and exterior orientation. Do not
combine interior and exterior zones on the same system.
Exhaust for bathroom, kitchens, etc., exhaust at a rate of 2 CFM per square foot.
3. ELECTRICAL SERVICE
Lessor shall, at all times, ensure that adequate electrical service is provided to the
Premises and the Common Facilities twenty-four (24) hours per day, seven (7) days per
week. Lessor's obligation under this Lease shall include electrical service that is
adequate enough to meet the lighting, elevator, and HV AC requirements specified in this
Lease.
4. SEWAGE SERVICE
Lessor shall, at all times, ensure that all sewage systems located on the Property and
serving the Premises and the Common Facilities are in good working order and free from
any blockage on a twenty-four (24) hour per day, seven (7) day per week basis. Lessor
shall.ensure that the sewage systems are of a suitable capacity to be able to, at all times,
remove sewage from the Property, regardless of occupancy loads of County or other
tenants, where the sewage originates from sources on the Property.
5. TRASH REMOVAL SERVICE
Lessor shall, at all times, ensure adequate trash removal services be provided for the
Premises.
6. WATER SERVICE
Lessor shall ensure that, at all times, an adequate supply of potable water, supplied at the
correct temperature, is available to the Premises and Common Facilities on a twenty-four
(24) hour per day, seven (7) day per week basis. Lessor's obligation under this Lease
shall include: (i) providing adequate water service and water pressure throughout the
Premises, and the Common Facilities to meet all codes, regulations, or laws concerning
the provision of water; (ii) providing hot water service up to 110 degrees Fahrenheit at all
the Premises and Common Facilities lavatory and lounge faucets; and (iii) providing
CCSF.B5.11D, Rev. 02/2001
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clean, potable water which meets all codes, regulations, and laws governing the same to
all faucets throughout the Premises and Common Facilities.
7. LIGHTING
Lessor shall ensure and maintain the minimum lighting levels in the Premises and
Common Facilities, as set forth below. Lessor's obligations shall include replacing and
repairing all light fixtures, light bulbs, fluorescent tubes, or ballasts, as necessary. A
combination of general lighting and task lighting may be supplied by the Lessor to meet
the minimum lighting levels set forth in this section. The minimum lighting levels to be
maintained by Lessor throughout the facility are as follows:
A. Office areas set off with full-height partitions:
50:t 10 foot candles at desk tops
15 :t 5 foot candles elsewhere
B. Open office areas:
50:t 10 foot candles at desk tops
15 :t 5 foot candles elsewhere
C. Corridors and public areas:
15 :t 5 foot candles throughout
D. Restrooms:
15 :t 5 foot candles throughout
E. Exterior (immediately surrounding the Premises):
0.25 foot candles
F. Parking areas:
0.25 foot candles throughout
8. ROOF
Lessor shall provide a weather-tight, leak-proof roof throughout the Term of this Lease or
any extension of the Term of this Lease.
CCSF.SS.1LD, Rev. 02/2001
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9. CUSTODIAL CLEANING SPECIFICATIONS
GENERAL
A. Lessor shall maintain the Premises at a high standard of cleanliness. These
specifications are intended to indicate an acceptable level of service. Cleaning
frequencies set forth are meant to be general guidelines; they are not to be
construed as complete. All items not specifically included but found to be
necessary to properly clean the buildings shall be included as though written in
these specifications.
B. The ternl "clean" means removal of trash, dirt, lint, marks, stains, spots, odors,
film (dirt, grease etc.) -
C. Lessor shall be responsible for instructing cleaning contractors or employees in
safety measures considered appropriate. Personnel will not place or use mops,
brooms, or any equipment in traffic areas or other location in such a manner as to
create safety hazards. The workers shall provide, place and remove appropriate
warning signs for wet or slippery floor areas caused by cleaning or floor finishing
operations. General safety requirements shall be complicd with in all activities
under this contract.
D. Unless otherwise specified, all work is to be performed between the hours of 6:00
p.m. and I :00 a.m., Monday through Friday of each week, except holidays. A list
of holidays will be furnished by the County.
E. All custodial work shall be performed consistent with a Class A office property to
BOMA standards.
F. All supplies shall be furnished consistent with a Class A office property by Lessor
or Lessor's contractor.
G. All lights are to be extinguished and doors and windows securely locked each
night after cleaning is completed.
OFFICE AREAS - DAILY (5 DAYS PER WEEK)
A. Empty and clean, by wiping out, all waste receptacles, removing waste to a
designated central location for disposal.
B. Hand dust and/or damp wipe all counters and other office furnishings, such as, but
not limited to, desks, chairs, tables, lamps, file cabinets and telephones.
C. Hand dust and/or damp wipe all ledges and flat surfaces below 72" from floor.
CCSF.8S.11D, Rev. 02/2001
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D. Remove all finger marks, smudges and other marks around light switches, door
knobs, metal partitions and corridor walls.
E. Wash, sanitize and polish all water coolers.
F. Wipe clean all chrome, aluminum, stainless steel and other metal trim, such as but
not limited to, push plates, kick plates, door handles and railings.
G. Dry wipe all chalk boards with chamois and vacuum chalk dust, chalk tray and
erasers.
H. Wet mop all resilient tile floor surfaces.
1. Sweep all stairways.
J. Vacuum traffic areas of all carpets and rugs and spot clean carpets as necessary.
K. Pick up papers, leaves, trash and other loose material outside stairways, entrance
ways (from door to street and/or parking lot), and patios.
1. Clean entrance glass (entrance glass includes: glass doors, windows, window
frames and reception area partitions).
M. Clean and wipe dry all sinks or basins and polish metal fixtures.
N. Upon completion of work, replace all fumiture, wastepaper baskets, etc., and be
sure each office is left neat and orderly. Clean all sinks.
O. Report all damaged shades, blinds, broken windows and other similar items noted
while cleaning.
OFFICE AREAS - WEEKLY
A. Dust all baseboards, picture frames and vertical surfaces of all office furniture.
Dust all molding, ledges, tops of partitions, trim, ventilators, louvers and light
fixtures above 72".
B. Vacuum upholstered furniture.
C. Vacuum all carpeted areas completely and spot clean as necessary.
D. Damp mop all resilient tile and wood floor areas, including stairs.
E. Spray buff all resilient tile areas. Sweep and/or damp mop after spray buffing.
F. Clean all inside glass partitions.
CCSF.85.110, Rev. 02/2001
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G. Clean and polish all metal entrance doors and janlbs.
OFFICE AREAS - MONTHLY
A. Scrub all resilient tile floors and stairs. Apply new floor finish as needed and
polish floors.
B. Dust all wood paneling.
OFFICE AREAS - OUARTERL Y
A. Clean all windows, outside and inside.
B. Polish all wood furniture and wood paneling.
C. Dust all wall surfaces. .
D. Dust exposed piping and overhead, exposed mechanical equipment.
E. Spot clean and shampoo all carpets.
OFFICE AREAS - ANNUALLY
A. Strip all floor finish and lay two coats of new finish.
RESTROOMS - DAILY (5 days per week)
A. Empty all disposal receptacles and clean inside when necessary.
B. Sweep floor.
C. Fill all paper and soap dispensers.
D. Clean with germicidal detergent all toilets and urinals, inside and outside,
including seats. Clean and polish all flushmeters and pipings.
E. Clean all wash basins and wipe dry. Clean and polish all basin fixtures and
exposed pipes underneath.
F. Clean all mirrors, shelves under mirrors, and other shelves or brackets.
G. Spot clean partitions, doors, and wall areas as needed. Wipe clean all dispensers
and receptacles.
H. Damp mop floor using germicidal detergent. Wet mop if ceramic tile or terrazzo.
CCSF.85.110, Rev. 02/2001
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RESTROOMS - WEEKLY
A. Clean inside of toilets and urinals using bowl cleaner. Be sure all scale and
deposits are removed, especially under the lip of the bowl.
B. Serub floor using germicidal detergent.
C. Pour one gallon of water containing two ounces of germicidal detergent down
floor drain.
D. If floor is resilient tile, spray buff to restore finish. Apply new coal of finish when
necessary.
E. Dust all partition and door tops and ventilation louvers.
RESTROOMS - WHEN NECESSARY
A. Strip tile floors and apply two coats of floor finish.
B. Rcmove old seal and reseal ceramic tile floors.
11. MAIL DELIVERY STANDARD
Lessor shall ensure that U.S. Mail delivery point, and access to it, will be identical, and
available Monday through Saturday. This standard is rcquired by U.S. Postal Service
regulations.
12. SERVICES NOT TO BE PERFORMED BY LESSOR
Notwitllstanding anything to the contrary contained in this Lease, Lessor shall not be
required to furnish any of the following services: (a) maintenance or repair to automatic
door openers, card access openers or key access readers; (b) maintenance or repair to any
County equipment including computers, phone systems, copiers, fax machines, postage
machines, or other similar equipment; (c) maintenance or repair to any security systems
for the Premises; (d) any graffiti removal from the Premises or from the Common
Facilities located on the same floor as the Premises; or (e) any repair or replacement of
County signage for the Premises.
Moreover, notwithstanding anything to the contrary contained in this Lease, Lessor shall
not be required to furnish any of the following services if arising as a result of any
affirmative act or omission by County: (a) drywall repair; (b) carpet repair; (c) interior
plumbing repair due to clogs or blockages of pipes; (d) interior glass repair (exclusive of
Building exterior glass); or (e) doorway or hardware repair.
CCSF.85.11D. Rev. 02/2001
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SCHEDULE "1" TO EXHmIT "D"
CUSTODlALSECURTfY
This schedule shall be applicable for all contracted custodial services to all County
departments involved in criminal justice activities, such as District Attorney, Probation, Public
Defender, Alternate Public Defender, Alternate Defense Counsel, County Counsel, Social
Services, Sheriff, MarshaIl, Superior Court and Municipal Court.
1. Persons Providing Services Under A Contract All persons providing services to County
Criminal justice facilities including employees, supervisors, managers, proprietors and
independent contractors must be reasonably acceptable to the County. For purposes of
this section, the term "persons providing services under a contract" shall also include
anyone who performs duties under a contract and or any person who will have more than
public access to County facilities.
2. Reasonable Acceotabilitv Will Be Determined Bv:
A. Background investigation.
B. County's previous experience with the individual (if applicable).
3. Background Investigation. All persons providing services under a contract must undergo
a County conducted background investigation as part of the process to determine
reasonable acceptability. The background check shall include those criteria required of
all personnel who have access by (i) criminal offender record information, or (ii) the
computer system, its terminals, or the stored information in the computer system, to
undergo background checks, as required by Title II, Sections 703 and 707, at the
California Code of Regulations.
A. For each person employed under a contract the County requires a completed and
signed Security Clearance Investigation fornI, a copy of the individual's valid
California driver's licenses or California Identification Card, a copy of the
employees Social Security card and four (4) color passport photographs (2" X 1
1/2").
B. Background investigations will take no less than fourteen (14) business days from
receipt of reasonably acceptable applications (applications completed in their
entirety shall be deemed acceptable).
C. The following specific clearance process is required of Courts and related
facilities, Sheriff's facilities, Animal Control Offices, Probation facilities,
Detention facilities and Health and Human Services Agency Offices:
Two (2) sets of fingerprint cards in addition to the Security Clearance
Investigation information. Checks in the amount of thirty-fi.ve d~Ilars
($35.00) made payable to the California Department of Justice will be
CCSF.BS.11D, Rev. 02/2001
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required with fingerprint cards for each custodian. Checks are to be
attached individually to each custodian's clearance package at the time of
submittal to the County. The cost of this process is established by the
State of California and is subject to change.
D. The Lessor shall be notified of the reasonable acceptability of individuals
providing services by the delivery of a County-issued Identification Card.
E. In cases where an individual providing services is deemed unacceptable, the
Lessor will be notified that the employee has been found unacceptable.
4. Countv-Issued Identification Cards.
A. County-issued Identification Cards shall be worn at all times during the
performance of duties. The purpose of the card is to immediately identify the
wearer as an individual who is authorized to enter County facilities and perform
duties under a County Lease.
B. County-issued Identification Cards shall be for the exclusive use of the individual
named and pictured on the card.
C. County-issued Identification Cards shall remain the property of the County and
are returnable upon demand or upon the expiration or earlier termination of this
Lease.
D. Lessor shall assume all responsibility for employee or vendor use of and return of
County-issued Identification Cards. The Lessor will be assessed one hundred
dollars ($100.00) for each County-issued Identification Card not returned. Upon
the expiration or earlier termination of the Lease, final payment of the Base
Monthly Rent \vill be withheld until all County-issued Identification Cards are
accounted for or are reported lost by Lessor.
5. Kevs for Count v Facilities. The kcys to County facilities shall be used only for the
purpose of providing access to the Premises for the performance of contracted services
only. Unauthorized duplication of keys to County facilities is a misdemeanor under
Chapter 3, Section 469 of the California Standard Penal Code.
6. Access to County Facilities. Only those individuals who have been determined
reasonably acceptable, who have received their County-issued Identification Card, and
who have been designated by the Lessor as an approved vendor that will be providing
service to the facility and will have access to the Premises.e
CCSF.85.11D, Rev. 02/2001
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EXHIBIT "F"
RULES AND REGULATIONS
County shall comply with the following Rules and Regulations. If Lessor acts reasonably
and in good faith in enforcing them, Lessor shall not be responsible County for the failure of any
other tenant or occupant of the Building to comply with any of these Rules and Regulations.
1. Locks: Kevs. County shall not alter any lock or install any new or additional
locks or bolts on any doors or windows of the Premises without obtaining Lessor's prior written
consent. County shall bear the cost of any lock changes or repairs required by County. Two
keys shall be furnished by Lessor for the Premises, and any additional keys required by County
must be obtained from Lessor at a reasonable cost to be established by Lessor.
2. Doors ODeninl! to Public Corridors. All doors opening to public corridors must
be kept closed at all times except for normal ingress to and egress from the Premises.
3. Securinl! Doors: Admission to Building. Lessor reserves the right to close and
keep locked all entrance and exit doors of the Building during the hours that comparable
buildings are customarily closed and locked. When departing after the Building's normal
business hours, County and County's employees and agents must be sure that the doors to the
Building are securely closed and locked. Any person, including County and County's employees
and agents, who enters or leaves the Building at any time when it is locked or at any time
considered to be after the Building's normal business hours, may be required to sign the Building
register. Access to the Building may be refused unless the person seeking access has proper
identification or has previously arranged a pass for access to the Building. Lessor and its agents
shall not be liable for damages for any error concerning the admission to, or exclusion from, the
Building of any person. Lessor reserves the right, in the event of invasion, Property during the
continuance of that event by any means it considers appropriate for the safety and protection of
life and property.
4. Furniture, Frei2ht. and Equioment: Service Deliveries. No furniture, freight, or
equipment of any kind may be brought into the Building without prior notice to Lessor. All
moving activity into or out of the Building must be scheduled with Lessor and done only at the
time and in the manner designated by Lessor. No service deliveries (other than messenger
services) shall be allowed between the hours of 4 p.m. and 6 p.m., Monday through Friday.
Lessor may at any time restrict the elevators and areas of the Building into which messengers
may enter and may require that deliveries be left at the lobby security desk for pickup by County.
5. Heavv Objects. Lessor may prescribe the weight, size, and position of all safes
and other heavy property brought into the Building and the times and manner of moving those
items within and out of the Building. County shall not overload the floor of the Premises. If
considered necessary by Lessor, safes and other heavy objects must stand on supports that are
adequate to distribute the weight properly. Lessor shall not be responsible for loss of or damage
to any safe or property. Any damage to any part of the Building or to its contents, occupants, or
visitors caused by moving or maintaining any safe or other property referred to in this clause
shall be the sole responsibility and expense of County.
CCSF.85.11D. Rev. 04/99
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6. Services Reauired bv County. Services required by County shall be attended to
only on application at the management office for the Project or at any other office location
designated by Lessor. Lessor's employees shall not perform any work or do anything outside
their regular duties unless under special instructions from Lessor.
7. No Disturbance of Other Occupants. County shall not disturb, solicit, or canvass
any occupant of the Building or Property and shall cooperate with Lessor and Lessor's agents to
prevent those actions.
8. Use of Restrooms: Responsibilitv for Damage. The restrooms, urinals, wash
bowls, and other apparatus shall not be used for any purpose other than that for which they were
constructed, and no foreign substance of any kind shall be thrown into them. The expense of any
breakage, stoppage, or damage resulting from violation of this rule shall be borne by the tenant
who caused, or whose employees or agents caused, the breakage, stoppage, or damage.
9. Restrictions on Defacement of Premises. County shall not mark, drive nails or
screws into, or drill into the partitions, woodwork, or plaster, or in any way deface the Premises
or any part of the Premises, without Lessor's prior written consent.
10. Permitted Machines. Except for vending machines intended for the sole use of
County's employees and invitees, no machines other than office machines of less than one
horsepower shall be installed, maintained, or operated on the Premises without Lessor's prior
written consent.
II. Inflammable or Comhustible Fluids or Materials. County shall not use, or kcep in
or on the Premises, Building, or Property, any kerosene, gasoline, or other inflammable or
combustible fluid or material.
12. Heating and Air-Conditioning. County shall not use any method of heating or air-
conditioning, other than that supplied by Lessor, without Lessor's prior written consent.
13. Foul or Noxious Gases or Substances: Noninterference With Others. County shall
not use or keep, or allow to be used or kept, any foul or noxious gas or substance in or on the
Premises. County shall not allow the Premises to be occupied or used in a manner causing noise,
odors, or vibrations that arc offensive or objectionable to Lessor or other occupants of the
Building or Property. County shall not interfere in any other manner with other tenants or those
having business in the Building or Property.
14. Animals. Birds. and Vehicles. County shall not bring into, or keep within, the
Premises, Building, or Property any animals (except dogs used for handicap purposes), birds, or
vehicles (e.g., bicycles). Bicycles may be kept in designated areas of the Property.
15. Cookinlr. No Use of Premises for Improper PUTDOses. No cooking shall be done
or permitted on the Premises, except that Underwriters' Laboratory (UL)-approved equipment
and microwave ovens may be used in the Premises for heating food and brewing coffee, tea, hot
chocolate, and similar beverages for employees and visitors. This use must be in accordance
with all applicable federal, state, and city laws, codes, ordinances, rules, and regulations. The
Premises shall not be used for the storage of merchandise, for lodging, or for any improper,
objectionable, or immoral purposes. .
CCSF.85.11D, Rev. 04/99
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16. Teleohone and Other Wires. County may not introduce telephone wires or other
wires into the Premises without first obtaining Lessor's approval of the method and location of
such introduction. No boring or cutting for telephone wires or other wires shall be allowed
without Lessor's prior written consent. The location oftelephones, call boxes, and other office
equipment affixed to the Premises shall be subject to Lessor's prior "'Titten approval.
17. Exclusion or Exoulsion. Lessor reserves the right to exclude or expel from the
Property any person who, in Lessor's judgment, is under the influence of alcohol or drugs or
commits any act in violation of any of these Rules and Regulations.
18. Loitering Prohibited. County and County's employees and agents shall not loiter
in or on the entrances, corridors, sidewalks, lobbies, halls, stairways, elevators, or common areas
for the purpose of smoking tobacco products or for any other purpose. County and County's
employees and agents shall not obstruct those areas but use them only as a means of ingress to
and egress from the Premises.
19. Oocration ofElectricitv. Water. and Air-Conditioning. County shall not waste
electricity, water, or air-conditioning and shall cooperate fully with Lessor to ensure the most
effective operation of the Building's heating and air-conditioning system. County shall not
adjust any controls of the heating and air-conditioning system.
20. Disoosal of Trash and Garbage. County shall store all trash and garbage within
the interior of the Premises. County shall not place or have placed in the trash boxes or
receptacles any matcrial that may not or cannot be disposed of in the ordinary and customary
manner of removing and disposing of trash in the vicinity of the Building. In disposing of trash
and garbage, County shall comply fully with any law or ordinance governing that disposal. All
trash, garbage, and refuse disposal shall be made only through entry-ways and elevators provided
for that purpose and shall be made only at times designated by Lessor.
21. Compliance With Safetv Regulations. County shall comply with all safety, fire
protection. and evacuation procedures and regulations established by Lessor or by any
govenunent agency.
22. Protection of Premises. County shall assume all responsibility, including keeping
doors locked ,md other means of entry to the Premises closed, for protecting the Premises from
theft, robbery, and pilferage.
23. Awnings. Curtains. and Electrical Ceiling Fixtures. No awnings or other
projection shall be attached to the outside walls of the Building without Lessor's prior ",Titteu
consent. No curtains, blinds, shades, or screens shall be attached to, hung in, or used in
connection with any ",indow or door of the Premises without Lessor's prior written consent. All
electrical ceiling fixtures hung in offices or spaces along the perimeter of the Building must be
fluorescent or of a quality, type, design, and bulb color approved by Lessor. County shall abide
by Lessor's regulations concerning the opening and closing of window coverings attached to
those windows, if any, in the Premises that have a \iew of any interior portion of the Building or
Building Common Areas.
24. Nonobstruction ofLi2:ht. County shall not cover or obstruct the sashes, sash
doors, skylights, windows, and doors that reflect or admit light and air into the halls,
CCSF.8S.110, Rev. 04/99
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passageways, or other public places in the Building. County shall not place any bottles, parcels,
or other articles on the windowsills.
25. Provision ofInfonnation to COlll1tv's Emolovees. County shall comply with
requests by Lessor that COlll1ly infonn County's employees of items of importance to Lessor.
26. Hand Trucks and Similar EQuioment. Without Lessor's prior consent, County
shall not use, in any space or in the public halls of the Building, any hand trucks unless they are
equipped with rubber tires and side guards or similar equipment. COlll1ty shall not bring any
other vehicles of any kind into the Building.
27. Use of Buildinl!'s Name or Likeness. Without Lessor's prior written consent,
COlll1ly shall not use the Building's name or any photograph or other likeness of the Building in
connection with, or in promoting or advertising, County's business, except that COlll1ty may
include the Building's name in County's address.
28. Nontoxic Materials. All materials, fabrics, and products used in County's
furnishings, wall and floor coverings, and ceiling installations shall be nontoxic and subject to
the prior approval of Lessor's architect or engineer.
29. Rules Changes: Waivers. Lessor reserves the right at any time to change or
rescind anyone or more of these Rules and Regulations or to make any additional reasonable
Rules and Regulations that, in Lessor's judgment, may be necessary for:
(a) The management, safety, care, and cleanliness of the Premises,
Building, and Property;
(b) The preservation of good order; and
(c) The convenience of other occupants and tenants in the Premises,
Building, and Property.
Lessor may waive anyone or more of these Rules and Regulations for the benefit of any
particular tenants. No waiver by Lessor shall be construed as a waiver of those Rules and
Regulations in favor of any other tenant, and no waiver shall prevent Lessor from enforcing
those Rules or Regulations against any other tenant of the Property. County shall be considered
to have read these Rules and Regulations and to have agreed to abide by them as a condition of
County occupancy of the Premises.
CCSF.eS.l1D, Rev. 04/99
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EXHIBIT "G"
INSURANCE REOUIREMENTS
COUNTY'S INSURANCE OBLIGATIONS
County maintains a policy of All-Risk Insurance covering the County's personal property in the
Premises, including any fixtures or equi'pmcnt in the Premises owned by County. The County
utilizes a program of self-funding with regard to any liability it may incur for personal injury or
property damage arising out of its use or occupancy of the Premises.
LESSOR'S INSURANCE REQUIREMENTS
Without limiting Lessor's indemnification obligations to County under this Lease, Lessor shall
provide and maintain for the duration of this Lease, or as may be further required in this Lease,
insurance applying to the use and occupancy of the 'Building, the Common Facilities, if any, and
the Property, or any part of the Property, or any areas adjacent to the Property, and tbe business
operated by Lessor in the amounts and form set forth below. The cost of the insurance shall be
borne by the Lessor.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Conunercial General Liability, Occurrence fonn, Insurance Services Oftice Form
CGOOO 1.
B. Property Insurance against all risk or special form perils, in an amount of ninety
percent (90.0%) of the full replacement cost of the Building, without deduction
for depreciation, including costs of demolition and debris removal. The policy or
policies of insurance shall include coverage for Lessor's merchandise, fixtures
owned by Lessor, any items identified in tillS Lease as improvements to the
Premises constructed or owned either by County or Lessor, and the personal
property of Lessor, its agents and employees.
2. Minimum Limits ofInsurance
Lessor shall maintain limits no less than:
A. Commercial General Liability including Premises, Operations, Products and
Completed Operations, Contractual Liability and Independent Contractors: One
million dollars ($1,000,000) per occurrence for bodily injury, personal injury and
property damage. The General Aggregate limit shall be two million dollars
($2,000,000) and shall be a Per Location Aggregate. Fire Damage Limit (Any
One Fire) three hundred thousand dollars ($300,000) and Medical Expense Limit
(Any One Person) five thousand dollars ($5,000).
CCSF.BS.110, Rev. 07/2001
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B. Property: Full replacement cost with maximum ninety percent (90.0%)
coinsurance.
3. Deduetibles, Increased Premiums and Self-Insured Retentions
Any liability deductible, increased premium or self-insured retention" must be declared to
the County's Risk Manager. The property insurance deductible shall not exceed ten
thousand dollars ($10,000) per occurrence and shall be borne, along with increased
premiums by Lessor, except as provided by Section8.3(c) of this Lease.
4. Other Insurance Pro\isions
The general liability and property policy is to contain, or be endorsed to contain the
following provisions:
A. Additionallnsured Endorsement
Any general liability policy provided by Lessor shall contain an additional insured
endorsement applying coverage to the County of San Diego, the members of the
Board of Supervisors of the County and the officers, agents, employees and
volunteers of the County, individually and collectively.
B. Notice of Cancellation
Each required insurance policy shall be endorsed to state that coverage shall not
be canceled by the insurance company or Lessor, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has been given to
the County at the address shown in section of Lease entitled "Notices".
General Provisiolls
5. Qualifying Insurers
All required policies of insurance shall be issued by companies which have been
approved to do business in the State of California by the State Department of Insurance,
and which hold a current policy holder's alphabetic and financial size category rating of
not less than A-Vil according to the current Best's Key Rating guide.
6. Evidence of Insurance
Prior to the Commencement Date of this Lease, Lessor shall furnish the County with
copies of certificates of insurance and amendatory endorsements effecting coverage
required by this clause. Lessor shall furnish certified copies of the actual insurance
policies specified in this Lease, within thirty (30) days after the Commencement Date of
Lease. Thereafter, copies of renewal certificates and amendatory endorsements shall be
furnished to County within thirty (30) days of the expiration of the tenn of any required
CCSF.85.11D, Rev. 07/2001
0-2
.)i
37
[Add appropriate notary fonn for Lessor's type of entity]
STATEOFCALIFORNlA }
SS
COUNTY OF SAN DIEGO
On this _ day of , in the year _, before me, (here insert the name and
quality of the officer) personally appeared , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person who executed this instrument as_
of the County of San Diego, a political subdivision of the State of
California, and acknowledged to me that such subdivision executed it.
WITNESS my hand and official seal.
(Name of title of officer)
By:
(Deputy)
(Name, Typed or Printed)
CCSF.6S.11D. Rev. 04/99
H-3
37
Schedule "1" to Exhibit "R"
Description of Propertv
Countv Premises: 24,853 square feet (rentable) on the fourth floor of the building located at
333 H Street, Chula Vista, California. [Assessor Parcel Numbers 568-450-42-00,568-450-45-
00, 568-450-60-00, 568-450-63-00, 568-450-65-00]
Lellal Description of Propcrtv:
DESCRIPTION
The PropertylBuiJding includes the real property described below, together with all
improvements located on the real property.
LEGAL DESCRIPTION OF LAND:
Parcel 2 of Parcel Map 18753, in the CityofChula Vista, County of San Diego, State of
California, filed in the Office of the County Recorder of said San Diego County July 16, 2001, as
Instrument No. 01 -0489323 of official records.
County's ParkiDl! Prh'i!el!es: Lessor shall provide to County, for County's non-exclusive use,
on a "first come, first served basis," eighty-six (86) unreserved parking spaces for County's non-
exclusive use as shown on Exhibit "A-I". County shall have the privilege to utilize reserved
parking at a maximum of 15 reserved parking spaces which may be made available to County for
the Term of the Lease or any extensions of this Lease, based on availability which is not
guaranteed by Lessor, at a rate of $70.00 per reserved space.
CCSF.85.11D, Rev. 04/99
H-4
.. 'it .~
37
RECORDED REQUEST OF DEPARTMENT
OF GENERAL SERVICES FOR THE BENEFIT
OF THE COUNTY OF SAN DIEGO
WHEN RECORDED, PLEASE RETURN
THIS INSTRUMENT TO:
(MAIL STATION 0-200)
County of San Diego
General Services Department
Acquisition Leasing Section
5555 Overland Avenue, Suite 2900
Building 2
San Diego, CA 92123
Attention:
SPACE ABOVE FOR RECORDER'S USE
ONLY
MEI\IOR-\NDUM OF LEASE
NO TRANSFER TAX DUE
APN: 568-450-42-00
568-450-45-00
568-450-60-00
568-450-63-00
568-450-65-00
I. Grant. Lessor grants to County a leasehold estate in the Premises in accordance
with the terms, covenants and conditions of the Lease.
2. Term. The term of the Lease is eighty-four (84 ) months, with a Commencement
Date and an expiration date as provided in the Lease subject to County's renewal rights as
provided in the Lease.
3. Filing. A copy of the Lease is on file with County at the address set forth above.
4. Options to Extend. So long as County is not in default of its obligation under the
Lease, the Lease provides that County shall have options to extend the term of the Lease for two
(2) consecutive periods offive (5) years each.
1
37
6. Summary. This Memorandum of Lease does not include all the terms, covenants
and conditions of the Lease. The provisions of this Memorandum of Lease shall not be used in
interpreting the tenns, covenants and conditions of the Lease and shall not be deemed to modifY
or otherwise change any of the tenns, covenants or conditions of the Lease. In the event of a
conflict between the Lease and this Memorandum of Lease, the terms, covenants and conditions
of the Lease shall control.
IN ,VITNESS WHEREOF, Lessor and Counly have executed this Memorandum of Lease
as of the_ day of ,2007.
"LESSOR"
GA TEW A Y CHULA VISTA 2, LLC,
a California limited liability company
By: Coast Pacific P 'es, LLC,
'CoIifumlli [j . '" U""'C' ~.. '
ChaIrman Mager .
By: - -- -"""'= ,
James V. Pieri,
I\1anaging Member
By: Chula Vista Asset Management, LLC,
A California limited liability company,
Manager
D.
By:
"COUNTY"
By:
The County of San Diego, a political subdivision of
the State of California
,,/ /
~~4g7....",,"~~ .
APRIL F. HEINZE, P.E.~irector
Department of General Services
CCSF.SS.IID, Rev, 04/99
-2-
. J. ~
37
STATE OF CA-l./r~tt-""IA )
) ss
COUNTY C;; A IV !) I ez.,-.;, )
On rlPl"l. t..-l- I 1-a:)( , before me, ~VY\^ ~ L",~ h $ "" personally
appeared -:r-" ~... s \). PICI2- ~ , personally known to me (er preuss Ie IRe
eR tRe t>~~jo Of [?\isf3Gter:; 8'qg~g~c) to be the persoI#whose name(&) is/afe-i;ubscribed to the
within instrument and acknowledged to me that hcl&I:Je/thcy executed the same in hislflet;lt\:i~ir
authorized capacity(.i@a1 and that by his/her/thdl signature(1t}- on the instrument the personEe:) or
the entity upon behalf of which the person(s) acted, executed the instrument.
-~. C 1Ii0MA$ LffAxsoN
g .~_.' . No::Vm~~" 1426172
. . """" . CllIHomIa ~
. Myc"::~c~ !
. "PIre. Jul2J. 200
WITNESS my hand and official seal.
~~~ -
My Commission Expires: '7 - 1.3 - 07
P:\7\781O\58650\Fonn FilelJ\JURA T\Jurat.doc
37
STATE OF
Gk1 ,l~lf>
\ n<; AJ <;'ili,,,
)
) ss
)
COUNTY
On ftAt('A:! "2-1,7CO+-. before me, )TI\-C\~l' K.vJC'I-,D personally
appeared i,) . (,/lC 0,->,-~,-rr , person lly known to me (or proved to me
on the basis of satisfactory e 'idence) to be the person(s) whose name(s) Is/are subscnbed to the
within instrument and acknowledged to me that he/she/they executed the same in hislher/their
authorized eapacity(ies) and that by hislher/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
P:\7\78I 0\58650\FolUl FilelJ\JURA T\Juratdoc
r----------....r
STACY R. kiNCAID <.
- ~''''."'K-''''... e~
~ tOS ANGElES COUNTY , .... . 2:
j COMMISSION' 1542737 " .. ,
MYCOMM. EXPIRES JAN. 8. 2009 .
~----------
NOTARIZE
/
;/....................
..... ....
..... .....
..... ........
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................ .
37
[Add appropriate notary form for Lessor's type of entity]
STATE OF CALIFORNIA
SS
COUNTY OF SAN DIEGO
On this _ day of , in the year _, before me, (here insert the name and
quality of the officer) personally appeared , personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person who executed this instrument as_
of the County of San Diego, a political subdivision of the State of
California, and acknowledged to me that such subdivision executed it.
WITNESS my hand and official seal.
(Name of title of officer)
By:
(Deputy)
(Name, Typed or Printed)
3
37
Description of Property
County Premises: 24,853 square feet (rentable) on the fourth floor of the building located at
333 H Street, Chula Vista, California. [Assessor Parcel Numbers 568-450-42-00, 568-450-45-
00, 568-450-60-00, 568-450-63-00, 568-450-65-00]
Lel!al Description of Property:
DESCRIPTION
The Property/Building includes the real property described below, together with all
improvements located on the real property.
LEGAL DESCRIPTION OF LAND:
Parcel 2 of Parcel Map 18753, in the CityofChula Vista, County of San Diego, State of
California, filed in the Office of the County Recorder of said San Diego County July 16, 2001, as
Instrument No. 01 -0489323 of official records.
County's Parkin!! Privile!!es: Lessor shall provide to County, for Coullty's non-exclusive use,
on a "first come, first served basis," eighty-six (86) urueserved parking spaces for County's non-
exclusive use as shown on Exhibit "A-I". County shall have the privilege to utilize reserved
parking at a maximum of 15 reserved parking spaces which may be made available to County for
the Term of the Lease or any extensions of this Lease, based on availability which is not
guaranteed by Lessor, at a rate of $70.00 per reserved space.
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January 15 ...
January 21
8:00am
9:30am
___------.t!pndav, January I.5.
8:30am MARTIN LlfrnER KING HOLlDAY
4:30pm Clly Manager candidate Interviews
Tue.da Janua 16
10:00am 1l:30am Ann Hlx, Acting Comm Dev DIrector (Ms. Hlx'. Office)
1L30am 12:00pm Lour. .1adlgan Re University Briefing (Mayor's Office)
2:00pm 3:30pm Jim Sandoval (Sandoval'. Office)
3:30pm 4:00pm Jolln Riess (Mayor's or~ce)
4:30pm 5:00pm CV Elementary School Groundbreaklng - Otay Ranch
Village 7 (Magdalena Ave, Peabody Way)
6:00pm 8:00pm Council Meeting
Wednesday,J_anuarv J
1D:OOam 12:00pm Notlce of Intent to Modify Venue Boundary Mtg.
(South Bay Courtl1ouse)
10:00am W:30am 'Publlc Safety SlIbCommlttee(Steve&Rudy)
1 :OOpm 2:00pm Jim Pieri 0
2:00pm 3:30pm Scott Tulloch (Tulloch's Office) . !
3:30pm 4:00pm LauMe Madigan Re: PoWer Plant Workshop (Mayor's
Office)
4:00pm 4:30pm CVEA BOARD MEETING (Conf Rm C106)
6:00pm 7:00pm San Diogo Chargers SubCommittee Mtg (executive
Conference ROOm)
378
J,-muary 2007
SMTWTFS
-TYTTs -6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 21. 23 24 25 26 27
28 29 30 31
February 2007
5l'-'lTWfFS
- '''-''-'1 i"j
4 5 6 7 8 9 10
1112 13 1.4 15 16 17
18 19 20 21 7.2 23 24
25 26 27 28
...___.. .._' .... Thursday,)anuarv 1
9:00am 10:00am Goodrich .ltg w/ Staubach Company, Gordon Carrier,
Lourie Madigan (CCR)
10:00am 10:30am Greg Matson, TAVA President (Mayor's Office)
11:00am 11:30am Denny StOM Re: Marco Limandri, UnlVetSily (Mayor's
Omce)
2:00pm 3:30pm Mary Vonables (Mayor's Office)
4:00pm 6:00pm Councll/Polt of San Diego Joint Worksllop (Council
Chambers)
5:30pm 7:30pm Cllamber Mixer (Googins' Office, 344 F Street, #100)
6:45pn1 7:15pm 'SW CV Civic Association (8oys & Girl. Club, 333
Oxford)
Frldav. January 19
8:30am 9:30am Hooper Knowlton 1Il & Denny Stone (Mayor's Office)
10:00am 10:30am Panera Bread RibboncuLt1ng (2015 Birch Road)
17.:00pm 1:30pm Paul Borden & CUrt Noland (Romesco)
2:30pm 4:00pm Malin Burnham & Denny Stone, Lee Kerschner
(Mayor's Office)
1:30pm
_ Saturday. January 2
3:30pm Gerry Laxson/Community care Team for SoBay (CV
ovlc Center Library)
9:00pm Bonita Business Association Installation Dinner (SDCC)
6:30pm
. . SlIndeY,),M\J.'l.tY.l1
'1/1.11/70074: 1 Ii PM
38
GATEWAY
CI1Y OF CHUl.A VISTA,
HOUSING CONF ROOM
."_........._,.,........,,,.,,.._._.,_....._...,._~.~-------~~--_._-_....-..-.....-..._.......,,_______.._.____H'.._~_._ -
r .'N'l'TE....
,V'11 . ) t -)
JANUARY 23, 2007
10:00 TO 11:00
XfTENOfES
Jim Pieri
Gatew ay
Eric Crockett
City Of Chula Vista
Ann Hix, Communiry Development
Er ic Crockett, Community Deve\opment
Ken lee, ComMunity Development
Diem 00, Community Developn'\(~nt
Developer
Jim Pieri, Mountain West
Don Kramer, Mountain Wesl
....ji'.HI~C CAU.lD B\
fYP( m. ,\H:E'!lMC
f,l.,(.-liJ"f!\lOll
Agenda Topics
--------^---'-""'",...-"...~~---_.""'-
TOPIC NO. 1 Phase \1\ Request
. The formal request for additional square footage was submitted January 22, 2007. Should the
request be approved, Phase III 'will be 7 SlOries and total approximately 155,000 sf.
. Timing for design of Phase 111 is critical. Anticipated constru(1ion could cnrmnence in July or August of
2007 with build-out in 18 months. Design needs to begin as soon as possible but is anticipated to
require certain modifications to the original site plans.
-------.--.-...----..-.--..-..-----
TOPIC NO.2 Modifications to Gateway Development
Developer requested consideration of the following modifir.atiOllS:
. Allow annexation of 'MorgM' property into Gateway. City indicated thiS action would require an
amendment to the Specific Plan and potentially the ODA.
. The addition of the Morgan p<operty into the Specific Plan would allow additional underground parking
spaces to be constructed during Phase III.
. The addition of the Morgan property into the Specific Plan would allow the potential for an additional
office building of approximately 55,000 sf to be built after completion of Gateway Phase III.
. Eliminate restaurant requirement in Phase II due to lack of necessary demographies to support it. Staff
supports the removal of this requirement to allow the space to be occupied and awee that the
demographics will not support a dass "A' restaurant on site.
. Remove interior side yard setback requirement to allow the future expansion of a new office building on
the Morgan site.
. Developer indicated that the District Attorney requires that a pedestrian bridge be constructed belweell
the Phase III building and the courthouse.
. The bridge would be a required by the DA if they were to occupy additional space within Phase Ill.
. The reason indicated for the bridge was security associated with transporting documents to and from the
courthouse.
. The Developer indicated thai the cost of constructing the bridge would be an importal\l issue for
_ G~eway and the County, The construction costs are estimated at $2 million,
TOPIC NO.3 Other Discussion Items
. Concept of roof top restaurant in Phase \II would require 8" floor, which would exceed the Specific
Plan height limit of 100'. Additionally, the permitting process and design is time consuming and
costly. Therefore, this option does not appear to be viable at this time.
. The Developer has been in diScussion with the school'district for seYl!fal years regarding their proposal
to construc.t administrative offices, but the school district has not demonstrated a desire 10 move
~_.~~~iS concept would require the Agency to acquire Edward Artns. -----
---,_.,.~-,-_.....--~---
P(RSON R[:;r>O!\lSIa-ti:
DE.ADllt..:f
A~~!CNi\'W'l1"':-
Provide timeline lor Specific Plan and ODA Amendments
Diem Do
"111/07
.------_._._-,_._---_..~.-,----~._---~'---_._<----"---~-----._......_._---~
Nf.:l(f I\.I~FH:-IG
: None scheduled
~~.~-----------------'--
edevelopment cOrp9r~ftionls board to be reca~i \ Elected officials will be... .http://pqa.~b.pqarchiver.com/sandiego-sub/acceSS/l~J I JU I"-t:V ~ .H~U'" .."........
40
Redevelopment corporation's board to be recast I Elected officials will be replaced
[R Edition}
The San Diego Union. Tribune. San Diego, Cellf
Author: Tanya Mannes
Date: Apr 18, 2001
Start Page: 8.4
Section: LOCAL
Text Word Count: 509
Document Text
C~IULA VISTA __ Chula Vista officials will restruclure the city's two-year-old redevelopment corporation with the goal of
making it more effective by removing elecled officials from its board of directors.
The C~y Council established the O.ula Vista Redevelopment Corp. In June 2005 as a way to streamline approval for
urban projects. Initially, It was governed by a nine-member board of four members appointed by the City Council and the
five council members.
The appointed members were selected for their development expertise, Under changes approved last month, the
elected officials will be replaced with five appointed members with expertise In real estate finance, law and development;
architecture; land use: education; urban design and environmental law. The new members must live in Chula Vista.
The change wiW make the eVRC more like San Diego's Centre City Development Corp" the downtown redevelopment
arm. No council members serve on its board.
Mayor Cheryl Cox and Councilman Jerry Rindone, who the council designated In December to work on CVRC Issues,
recommended the change. The CVRC board unanimously approved ~ March 22, after a four-hour debate,
"We will have people who have expertIse in redevelopment helping to form some of the business decisions regarding
redevelopment," Cox said April 4. "They will do much of the in-depth work and propose it as a complete project to the
council. II
The CVRC's mission is to redevelop blighted and vacant areas in w,!st Chula Vista with new businesses and homes. To
date, It has produced few tangible results, other than a 24 Hour Fitness gym that's opening on Ttllrd Avenue, replacing a
boarded-up theater.
Cox said that In three years, the council will review the CVRC'S progress to see if the restructuring is paying off,
Since its formation, the CVRe has struggled to gain the public's trust. Its board members were criticized for accepting
stipends.- the mayor received $1,500 a month; all other members received $750 a month - for eight months, even
though the board had never met. The council iater voted to eliminate the stipends,
Others complained that forming the CVRC limited public Input on projectS. The CVRC bypasses the city's three
traditional forums for public review: the Design Review Commission, the Resource COnservation Commission and the
Planning Commission.
To address those concems, In July 2006, the City Council created a Redeveiopment Mvisory Committee to advise the
CVRC, Commun~y groups, such as Crossroads 11, appoint members to the committee.
Councilmen Rudy Ramirez and Steve Castaneda had suggested dissolving the CVRC and returning redevelopment
decIsions to the City Council in its capacity as the Redevelopment Agency, Both uttlmately voted to restructure the
board rather than eliminate Itle corporation altogether.
"We're giving tham an opportuntty to do it in a way they believe tan be effective," Ramirez said.
The CVRC also voted to indefinitely postpone a head.hunting search for a chief executive officer to heed the
corporation, The city manager will designate an existing staff member to direct the CVRC. The city will save about
$350,000 a year by not hiring a CEO, Cox said,
Credit: STAFF WRITER
Reproduced wtth permissiOn of the COpyright owner. Further reproduction Or distribution is prOhlbtted without pem'lISStol1.
Abstract (Document Summary)
Mayor Cheryl Cox and Councilman Jerry Rindone, who the council designated in December to work on CVRC issUes,
re(.'Ommended the change, The CVRC board unanimously approved ~ March 22, after a four-hour debate.
Others complained that forming the CVRC limIted public Input on projects. The eVRC bypasses the city's three
8/16/2007 1 \ :20
lof2
xievelopment COlpCfrationts board to be re,e3.st I hlectetl ottlclal:':> WUI UI;;,.. llHp,IIl-''-I~l"",.p':1'''''' "..,..
40
traditional forums for public review: the Design Review Commission, the Resource Conservation Commission and the
,Planning Commission.
The eVRe also voted to indefinitely postpone a head-hunting search for a chief executive officer to head the
corpol'stlon. The ctty manager will designate an existing staff member to direct tha CVRC The city will saVe about
$350,000 a year by not hiring a CEO, Cox said.
Reproduced wittl permission of the copyright owner. Further reproduction or distribution is prohibited without permission.
201'2
&/16/2007 11:20 AM
......._--,.,,----,--~.__.."_..,_....~.-
41
NED A. ARDAGNA, ESQ.
LAWOFFICE OF NEDARDAGNA
May 9, 2007
VIA FIRST CLASS U.S. MAIL
& CERTIFIED MAIL RETURN RECEIPT
City of Chula Vista
City Clerk's Office
276 4th Avenue
Chula Vista, CA 91910
Re: Public Records Act Request / Government Code &6251 et seQ
Dear City Clerk:
Please be aware that this law office represents the Ms. Jackie Lancaster, a resident of the City
of Chula Vista and a United States citizen with respect to the above described matter. I am writing to
you on her behalf.
This letter is a request for government records pursuant to the California Public Records Act,
Government Code 96251 et seq.("Public Records Act").
The term "RECORDS" except as otherwise specified hereinafter includes all documents.
letters. memoranda. written notes of telephone calls or meetings. calendars. staffpapers. reports, site
plans, facsimile messages. email messages. internal memoranda and any other recorded or graphic
material.
I hereby request the following RECORDS:
1. RECORDS evidencing or relating to connnunications, during the period December 1,
2006 through the present, between Mr. Jim Pieri and/or representatives of Mountainwest Realty and
any of the following departments of the City of Chula Vista or persons:
a. Mayor Cox and/or any of the mayor's staff;
b. Councilman Rindone and/or any of his staff members;
c. Councilman Castaneda and/or any of his staff members;
d. Councilman McCann and/or any of his staff members;
e. Councilman Ramirez and/or any of his staffmembers;
f. Anne Hicks and/or any of her staff members;
571 THIRDAvENUE, CHULA VISTA, CALIFORNIA 91910,
TEL: (619) 498-3886 FAX: (619) 872-0769 EMAlL: ned@Jawyer.com
41
City ofChula Vista
City Clerk's Office
Public Records Act Request
May 9, 2007
Page 2
g.
h.
1.
of its staff members;
J.
k.
members; and
L
Jim Thompson, and/or any of his staff members;
Dana Smith and/or any of her staff members;
City of Chula Vista Community Development Department and/or any and all
The Redevelopment Advisory Committee and/or any and all of its members;
The Chula Vista Redevelopment Corporation and/or any and all of its
The Chula vista Redevelopment Agency and/or any and all of its members.
2. RECORDS evidencing or relating to communications during the period December I,
2006 through the present between Mr. Kevin O'Neil and any of the following departments of the City
of Chula Vista or persons:
a. Mayor Cox and/or any of the mayor's staff;
b. Councilman Rindone and/or any of his staffmembers;
c. Councilman Castaneda and/or any of his staff members;
d. Councilman McCann and/or any of his staff members;
e. Councilman Ramirez and/or any of his staff members;
f. Anne Hicks and/or any of her staff members;
g. Jim Thompson, and/or any of his staff members;
h. Dana Smith and/or any of her staff members;
1. City ofChula Vista Community Development Department and/or any and all
of its staff members;
J.
k.
members; and
L
The Redevelopment Advisory Committee and/or any and all of its members;
The Chula Vista Redevelopment Corporation and/or any and all of its
The Chula vista Redevelopment Agency and/or any and all of its members.
3. RECORDS evidencing or relating to communications during the period December I,
2006 through the present between Mr. Gordon Carrier and any ofthe following departments of the
City of Chula Vista or persons:
a. Mayor Cox and/or any ofthe mayor's staff;
b. Councilman Rindone and/or any of his staffmembers;
c. Councilman Castaneda and/or any of his staffmembers;
d. Councilman McCann and/or any of his staff members;
e. Councilman Ramirez and/or any of his staff members;
f. Anne Hicks and/or any of her staff members;
571 THIRDAvENUE, CHULA VISTA, CALIFORNIA 91910,
TEL: (619) 498-3886 FAX: (619) 872-0769 EMAIL: ned@lawyer.com
41
City ofChula Vista
City Clerk's Office
Public Records Act Request
May 9, 2007
Page 3
g.
h.
Jim Thompson, and/or any of his staff members;
Dana Smith and/or any of her staff members;
City of Chula Vista Community Development Department and/or any and all
1.
of its staff members;
J.
k.
members; and
1.
The Redevelopment Advisory Committee and/or any and all of its members;
The Chula Vista Redevelopment Corporation and/or any and all of its
The Chula vista Redevelopment Agency and/or any and all of its members.
As you well know, the Public Records Act provides that if some parts of the records are
exempt from release, then reasonably segregated portions shall be provided. I, therefore, request that
if you determine that some portions of the requested records are exempt, you provide me immediately
with a copy ofthe remainder of those records. I reserve the right to appeal any decision.
In the event that access is denied to any part of the requested records, please describe the
deleted material in detail and specifY the statutory basis for the denial, as well as your reasons for
believing that your interpretation of the statutory justification applied in this instance. Please
separately state your reasons for not invoking your discretionary powers to release any material in the
public interest. Such a statement will be helpful in deciding whether to appeal an adverse
determination. Such written justification will also help to avoid a waste of the taxpayers' money and
unnecessary litigation.
I am prepared to pay reasonable costs for reproducing the requested records. If you have any
questions regarding this request, please telephone me at (619) 498-3886.
I look forward to receiving a timely response to this request within the ten day time period
permitted by law.
Very truly yours,
Ned Ardagna
cc: Client
571 THIRD A VENUE, CHULA VISTA. CALIFORNIA 91910,
TEL: (619) 498-3886 FAX: (619) 872-0769 EMAIL: ned@Jawyer.com
rtaneda says -IlA probes are ploy !'Unsubstantiated charges; ne cJaumj." lHq..r.1I P'1~,,~qt'.,- ---
42
'Castaneda says DA probes are ploy I 'Unsubstantiated charges,' he claims
[R,e,S,F Edition]
The San Diego Union - Tribune - San Diego, Calit
Author: Tanya Marines
Date: May 12, 2007
Start Page: B, 1
Section: LOCAL
Text Word Count: 796
.....,.--,."-........-..,,... -...,-...-'''.,.....-.'..''
Document Text
CHULA VISTA-ChulaVlsti> CitY councilman steveC~$l$l1edasald yesterday that District Attorney Bonnie bumanis
investigated hlrnlhreetimes inth!> It,st year to try to foreehim to resign,
Castaheda'cbntendsthat Durnai,ls COflSplredwtth CI1Ula vista Mayor CherYl COx, hiS opponent in last year's election,
Castaneda hasn't stated an intention to challenge Cox in the next mayorai race, but many expect him to do so,
In a statement e-mailed to the media, Castaneda said Patrick O'Toole, who leads the Public integrity Unit at the District
Attorney's Office, began targeting him in March 2006ir, a "pblltii:al witClt hunt."
Castaneda said O'Toole Initiated three ihvestlgations of him <.1I1d sUbpbenaedhim three limes to testify before the
criminal grand jury regarding "completely unsubstantiated charges raised by polttlcal opponents with deep political
connections."
"I'm up for re-election In 2008, and I'm sure that the Coxes and their political allies would like nothing better than fo' me
to run wijh a cloud ove' my head or flat-out resign," Castanede said,
He said O'Toole recently bffe,ed him a choice: Step down from office immedlateiy or he would charge him wijh a felony,
Castaneda said his alIorney advised him not to comment further on the deal, including what the felony charge wouid be.
Castaneda said the lengthy, expensive process of fighting a felony charge would take a toll on his family's reputation
and hiS career - even ~ he prevailed in court,
''The DA knoWs this, and they are leveraging that reality in an attempt to achieve the political outcome they seek," he
said.
Castaneda said Dumanls Is part of the county's "old power structure" that includes Cheryl COx's husband, county
Supervisor Greg COx, WllO has budget authority over the District Atlomey's Office, he said.
O'Tooie declined to comment on Castaneda's allegations.
nWe don't comment on investigations or the status of grand jury matters," he said.
Dumanis also declined to comment, according to her spokesman, Paul Levikow.
Last year, Cheryl Cox and Castaneda ran in the Chula Vista mayoral primary in an eflol1 to unseat incumbent Mayor
Steve Padilla. Castaneda received 25 percent of the votes in the June 6 primary, which wasn't enough for him to
proceed to the runoff. Cox won in NovembeL
COx said yesterday that Castaneda's allegations came as a surprise.
"I don't know what he's talking about," she said,
She said she considers Castaneda a colleague, not a rival. and noted that both share the goal of demolishing the South
Bay Power Plant.
liThe ra<..'e with me and Steve was over in June," Cox said,
Castaneda saki O'Toole's three Investigations focused on an apartment that Castaneda rented for hiS wife in Sunbow
Villas; property that he purchased in 2005 with Chula Vista resident Henry Barros; and his role as a board member of
the Chula Vista Redevelopment Corp.
Castaneda has been a City Council member since 2004. H~ is a transportation and land~use consultant who was once
an aide to Ron Roberts, the former San Diego counci~man who ;5 how a county supervisor.
"' am not a wealthy man, and this pretense has cost me personally thousands of dollars in legal fees, not to say what It
has cost the taxpayers," Castaneda said,
He said he has spent $15,000 on attorney fees, and the city hi,ed council fb' him and other cijy olflclals who were forced
8/16/2007 11 :25 AM
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.tarreda says DA probes are ploy I 'lInsubstanliated charges,' he claims
bttp:/lpqasb.pqm'chl vcr .GUUlJ MW.li"'&V-"'~'''' ~~~-_.~ -
42
to te$tify jn the investigations.
Shortly ~~er ~;sl!~fl9~n~O'lentwas sentolJt, Ca~ta~eda atte01~t~dt"r~rnove one. statement in it In a subsequent
e"01au,..!)\l..~~I~.m.~\\Ij~ry~'!I~..~le!iSElshOqld'oothM!i'st~~dllia\9'l",,)~ti)f.!i~tened..to..c;hargf> hllYl,'.wltha.felOny,'jf. h!;
didil't'resii!n,Tliii,..;nfotiUatlon.iStlUe,but'lf"may' Dedellmed.pdvilegiid,,,..Msald',
Dumanis established the Public Inlegrity Unit in eariy 2006 to root out public corruption Involving violations of state law
in San Diego County.
Last year, O'Toola began using tha county's criminal grand jury early in his investigations as a fact,flnding body. The
grand jury has the authority to Issue subpoenas, and witnesses testify under oath.
Prelliously in San Diego County, the climinal grand jury was presentiid with the results of a district attorney's
Investigation as a final stap in gatting an indictmant. Now the grand jury gats involved much ealiler, before prosacutors
have determined whather any crtme was committed.
O'Toola is a formerf<'idarai prosecutor who previously served as the U.S. attorney in San Diego. He developed the new
procedure based In part on the federai model and on procedures used in Los Angeles and Santa Clara counties, he
said.
The criminal grand jury has 19 members. A new group is convened every 30 days, selected by lot from the tliaHuror
pool. Jurors' klentltie. are kept confidential.
[Illustration]
2 PICS; Capllon: 1. Steve castanada 2. Patrick O'Toole
Credit: STAFF WRITER
Reproduced wIth pem'llss;on of the COpyright owner. Further reproduction 01' distribution Is prohIbited without permission.
Abstract (Document Summary)
[Steve Castaneda] said [Bonnie Dumanls] is part ofthe county's 'old power structure" tIlat includes [Cheryl Cox]'s
husband, county Supervisor Greg Cox, who hes budget authority over the District Attorney's Office, he said.
Castaneda said OFoole]'s three investigallolls focusad on en apartment that Castaneda rented for his wife in Sunbow
Villas; properly that he purchased in 2005 with Chula Vista resi<lent Henry Barros; and his role as a board member of
the Chuta Vista Redevelopment Corp.
Shortly aftar his announcement was sent out. Castaneda attempted to remove one statement in it. In a subsequent
e-mail, he saki that the news release should not have stated that O'Toole threatened to charge him witll a felony if he
didn~ resign. The Information is true, but it "may be deemed privileged: he said.
Reproduced wl1h permission of the copyright owner. Further reproduction or distribution ;s prohibited without permission_
8116120071\:25,
20f2
._-"-".._-,.._""'-_._-'_.~---.~.
43
Land-use activists await legal ruling on initiative
[E,S,F Edition]
The San Diego Union - Tribune - San Diego, Calif.
Date: May 17, 2007
Start Page: B.2
Section: LOCAL
Text Word Count: 172
Document Text
CHULA VISTA -- Organizers who coliected 20,000 signatures to force a public vote to lock in land-use rules say they
won't back down from a court chalienge.
The Chula Vista City Council delayed a decision Tuesday to place the initiative - which includes strict caps on building
heights - on the June 2008 balio!. The city wili first ask a Superior Court judge to rule whether the initiative is legal.
At issue is whether organizers met the legal requirement to publicize their petition drive. They placed an ad in La Prensa
San Diego, which isn't a Chula Vista newspaper.
Earl Jentz, a real estate investor who funded the petition drive, said the group wili recirculate its petitions.
"This way, regardless of the outcome of the city's legal chalienge to our citizen baliot measure, the people's voice wili be
heard, Jentz said.
Steve Haskins, an organizer, said the initiative is valid.
"The city's legal chalienge is a ploy, and the politicians are doing the bidding of their developer friends," Haskins said.
-T.M.
Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibi ted without permission.
Abstract (Document Summary)
"This way, regardless of the outcome of the city's legal challenge to our citizen baliot measure, the peopie's voice will be
heard, [Earl Jentz] said.
"The city's legal chalienge is a ploy, and the politicians are doing the bidding of their developer friends," [Steve Haskins]
said.
Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibi ted without permission.
http://pqasb.pqarchiver.com/san(llego~suDHH;ca;~ -141 J I VJ.VV' "ueu^, , .......~...
(\'s office move to free up needed courthouse space - SignOnSanDiego...
44
PA's office move to free up needed courthouse space
[IE,S,F Edition]
The San Diego Union' Tribune. San Diego, Cam.
Author: Ray Huard
Date: May 17, 2007
Start Page: 6.5
Section: LOCAL
lex! Word Count: 572
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Document Text
Editions vary.
CHULA VISTA u Relief may be on U'e wey for the crammed South Bay courthouse in Chula Viste.
oistriot Attorneyaannle Ourhal1is willrhove most of her South COUntY operation from the courthouse to e new office
buildlt\gacross thestreat In duly, said Pat McGrath, chief of the district attorney's South Bay division.
The move will free up a good chun~ of the third floor, which court officials hope to convert to desperately needed
courtrooms.
.Our court is just sO busy all the time." said South Bay Court Supervising Judge Robert J. Trentacosta.
The number of criminal felony. family law and civil cases involving olllim. for $25,000 or iess have soared by nearly 39
percent since 2004, Trentacosta said. He said civil cases for claimS of more than $25.000 have increased by 31.5
percent.
With the South Bay population on the rise. there's no end in sight. Irentacosta said.
The 25-year-oid courthouse is so Jammed that people wIIh cases pending oiten must wait in the hallways for their
lawyers to come fetch them when a judge cells their case.
.We are very much in need of getting the space," he said.
With the district attorney moving out, Trentacosta sald there would be room to add three to four courtrooms.
Blrt there's a catch, because the operation of the court building Is unsettied. said Superior Court executive director Mi~e
Roddy.
San Diego County owns lhe building, but a 2002 law requires that ownership of court buildings be turned over this year
to the state, Roddy said.
In Chula Vista, the matter is further complicated because the county also operates a jail in the courthouse. said court
esslstant executive officer Harold Kosa~off, who oversees the Chula Vista courthouse.
Ultimately, Roddy said, building ownership may be transferred to the state with the county retaining responsibility for
running il.
In the meanttme, Roddy said talks are ongoing with the r.ounty over how to best use the, freed-up space.
"Nothing's been decided yet: countY spo~eswoman Linda Miller said.
In addttion to new courtrooms, Roddy said mor" room is needed for the family law section of the court and advisers who
help people file smail-claims cases.
The district ettorney will retain a small office on the second floor of the courthouse, but most of the dillislon's operellons
will shi1t to offices on H Street at Third Avenlle, McGrath said.
lhe hewOffice$\III1l1 co$t $800.000 $ year, about $600,.000 more than the diMrict atlameywasspandihgto lea$e ih the
courthouse~ 'but-for twiCie the space, distl'lc.taltorney spokesman Paul Levlkow said,
'The move waS long overdue, with 30 lawyers and 48 office wo~ers crammed into space meant for half that many,
McGrath said.
Prosecutors have been sharing offices with little room to interview witnesses or crime victims in private, he said.
"We're cubicles on top of cubicles," McGrath said. "There are cho~e peints in this office wilere you have to slow down
and listen to see if 5Omeone's coming the other way so you don't run into them,"
[tIIustration]
8/16/200711:15 A
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A.ls- office move to tree up neeo<:"..a cou:rmou~ :Spi1\jl;:; - >:ligm,.?uvau......-o."'5U'"
"~~f~'" r1-.~'.'..'-.
44
2.Plbs; Caption: 1, Boxes of' misdemeanor-case files lined cubicles in the District Attorney's Office in the South Bay
dourthouse. The division is moving to H Street at Third Avenue. 2. Paralegai Ruby Castaneda prepared discarded
documents for shredding in the District Attorney's Office to free up space I~ the crowded Chuia Vista court buiiding.
(Eds. S,I') [1,2. John Gastaldo I Union.Tribune photos]
Credit: STAFI' WRITER
Reproduced with permission of the copyright owner, Further reproduction or distribution is prohibited without permission.
_",~~_."".."._m.._______ ... ..__,_....,.."'_...,____~__._._ .".-_._,-_.._~_.
Abstract (Document Summary)
"Nothing's been decided yet:" county spokeswoman Linda Miller said.
"We're cubicies on top of cubicles," [Pat McGrath] said. "There are choke points in this office where you have to slow
down and listen to see if someone's coming the other way so you don't run Into them..
2 PICS; 1, Boxes of misdemeanor-case files lined cubicles in the District Attomey's OffIce in the South Bay courthouse.
The division is moving to H Street at Third Avenue, 2. Paralegal Ruby Castaneda prepared discarded documents for
shredding in the District Atlorney's OffIce to free up space in the crowded Chuia Vista court building. (Eds. S,F) [1,2.
John Gastatdo I Union-Tribune photoS]
Reproduced with permisSion of the copyr'ight owner. Further reproduction or distribution is prohibited without permlstiotl.
201'2
8/16/2007 11:15 AM
05/19/2007 07:03
519-482-5514
SWC TRANSFER CTR.
PAGE 01
45
~V~
A~':
~~~~
~-:.........-:;;;
CllY OF
CHUlA VISTA
OFFICE OF THE CITY CLERK
Ms. Norma Cazares
45 EI Rancho Vista
Chula Vista, CA 91910
Mr. Charles L. Ulrich
645 Ash Avenue
Chula Vista, CA 91910
May 18,2007
Dear Ms. Cazares and Mr. Ulrich:
In accordance with the election official's duties under Elections Code sections 9266, 9114 and
9115, I have examined the Petition to Amend the Charter of Chula Vista to Make the City
Attorney an Elected Officer of the City, ludependent of the City Council and other City Officials
("Petition"). This letter notifies you, pursuant to Elections Code section 9114, that I have
concluded that th,e Petition, on its face, is insufficient, for the reasons set forth in this letter.
I have determined that the Petition, and all the signatures on the Petition, are insufficient because
the Petition is procedurally defective. Based upon the Proof of Publication you submitted to the
City Clerk's Office, the Notice of Intent to Circulate, the Ballot Title and Summary were not
published in the adjudicated newspaper of general circulation in the City of Chula Vista as
required by Elections Code section 9205(a), which applies to petitions to amend the City Charter
through Elections Code section 9256. lUther, the Proof of Publication you submitted
demonstrates that these documents were published in La Prensa San Diego, a newspaper of
general circulation published in the City of San Diego, County of San Diego. Therefore, the
Proof of Publication you s\lbmitted does not demonstrate compliance with the publication
requirements of Elections Code section n05( a).
In addition, even if there were no adjudicated newspaper of general circulation in the City of
Chula Vista, the Petition is procedurally defective because no affidavit of posting as requJ.red by
Elections Code section 9206 was submitted to the City Clerk's Office. Therefore, I have not
received evidence of compliance with the publication and posting requirements of Elections
Code section 9205(b).
For these reasons, in accordance with my duties pursuant to Elections Code sections 9266, 9114
and 9115, this letter notifies you that the Petition and all the signatures on the Petition'are
insufficient. Because I have found the Petition to be insufficient, no further action shall be taken
on the Petition.
Sincerely,
~B~~C,C~
Cc: Mayor and Members of the City Council
Jim Thomson, Interim City Manager
Shawn Haggerty, attomey at law
276 FOURTH AVENUE' CHULA VISTA' CAIJFORNIA 91910' (619) 691-5041 . FAX (619) 585-5774
~P"I.C;""_f""'~c.ladF'~
\. lmit works as quietly as it began lit loOKS mLO auegea PUOUl,.; ~ULl lJ..l:H,..
'H't'."r"'-'--r--,---
46
~A unit works as quietly as it began lit looks Into alleged public corruption
fR,F Edition)
the San Diego Union - Tribune - San Diego. Calif.
Author: Tanya Mannes
Date: May 20, 2007
Start Page: B,1
Section: LOCAL
Text Woro Count: 982
Document Text
Last year, District Attorney Bonnie Dllmanis quietly created a Public Integrity Unit, which uses a criminal grand jury to
look into the mO$t serious allegations of govemment corruption throughout the county.
In existence ebout 14 months, it has filed charges against one person: Jason Moore. a fon11er Chuia Vista mayoral aide.
Dumanis won't discuss whom or what the unit ha$ investigated, not wanting to tarnish reputations if no charges are filed,
Patrick O'Toole. the prosecutor who leads the unit. haS said that the Moore case was pari of "an Ofll/oing investigation
into the possible misuse of government resources, money and time in Chula Vista."
Earlier this month. Chula Vista COuncilman Steve Castaneda said the unit investigated him three times in the past year.
Castaneda spoke publicly about the investigations because he believes Dumanis is targeting him for political reasons.
Dumanis has declined to comment all Castaneda's statements. In a recent interview~ she said her office is determined
to be nonpolitical.
"In the last election cycle, our office was being used as a tool, and that disturbed me," she said.
She promised that in the future. in most cases, "we will not investigate a complaint until alter an eiection,"
That wasn' the case last year. The investigation of Moore bagan in August. while he was an aide to Chula Vista Mayor
Steve Padilla and workirlg on his re-election campaign. according to the grand jury transcript unseaied April 12.
Castaneda said the investigations of 111m bagan In March 2006, as he was campaigning for mayor,
The public has been given iittle information about the unit's work. The investigations that focused on Moore and
Castaneda bagan before Dumanis announoed the Public Integrity Unit existed, She did that March 1.
Moore was Indicted March 27, He has pleaded not guilty to flve felony perjury charges.
The 732-page grand jury transcript shows the investigation began in August, shortly after The San Diego Union-Tribune
reported that Moore was caught spying on an Aug. 3 fundraiserfor Padilla's political opponent. Cheryl Cox. who went on
to beat the incumbent In the November election, O'Toole was Ioo\(ing into whether Moore was on city time that day.
Based on the investigation, O'Toole doesn't dispute that Moore ultimately took the time off but contends he Iiad in sworn
testimony about when he submitted a request for personal leave.
"If someone lies to a grand jury. they're going to be charged with pe~ury," O'Toole said,
In seeking the indictment Of Moore, O'Toole questioned witnesses on seven days from March 8..26, according to the
transcript, The grand jury considered testimony from Moore; Padilla; Padilla's chief of staff. Tom Oriola; city recoros
custodian Louis Vignapiano; Marcia Raskin. the city Human Resources director; Natalie Flores, the City COuncil's
executive secretary; Chad Blum. Padilla's campaign manager, Don Giaquinto, a Padilla campaign worker; and Mike
Goloskie, an investigator with the district attorney's special investigations unit.
. Political witch hunt'
Castaneda said the Public Integrity Unit spent 14 months investigating three separate allegations against him. O'Tooie
subpoenaed Castaneda and other witnesses to testify about an apartment Castaneda rented for hiS wife; properly he
purchased as a business venture in 2005 with Chuta Vista resident Henry Barros; and his role as a board member of the
Chula Vista Redevelopment Corp,
He has not been charged with a crime.
On May 11. Castaneda issued a public statement accusing Dumanis of leading a "political witch hunt" against him. He
alleged that Dumanis conspired with Cox to begin targeting him in March 2006, when he was running against COx in the
mayoral primary, He said Cox's husband. county Supervisor Greg COx. influences Dumanis beoause the Board of
Supervisors controls the district attorney's budget.
lof3
8/1612007 12:39 PM
... unit works as quietly as it began lit look" into alleged public corrupt...
46
Castaneda said Durnanis was using the unit to force him to resign. He said O'Tooie recently offered him a deal: Resign
Immediately, and he would not charge him with a felony.
http://pqasb.pqamhiver,com/sandlego-suoracceSSJ11.IJO.LVOJl.IUIIH' ,.u""',,>
O'Tooie has declined to comment on Castaneda's allegations.
In a prevtouS interview, O'Toole spoke In general about 11001 he has privately persuaded some public officials 10 change
Iheir behavior wnhout filing charges.
"There's no way of measuring that, but n does happen," O'Toole said.
'We are wetching'
Dumanis formad the Public Integrity Unit In early 2006, when she assigned O'Toole, a fonl1er federal prosecutor who
previously served as the U.S. attorney In San Diego, to develop a way to handle the sensitive cases in which public
officials are accused of criminel wrongdoing. The unn now comprises two full-time prosecutors and one part-time
prosecutor within the Special Operations Division.
Duman is said it's a way to "let people know that we are watching."
O'Toole is using the criminal grand jury in the earliesl stages of Investigations, a lactic based on the federal model and
procedures used in Los Angeles and Sanla Clara ccuntles.
The gnand jury proceedings, in which witnesses testify under oath, take place behind closed doors to protect those
accused of crlmes, bumanls said.
"We have ccmplex investigations thet lake months, somelimes years," she said. "We don't want reputalions tarnished
before our investigation is finished."
When Dumanls announced Ihe Public Inlegrity Unit on March 1, she said it had been "a work In progr~.ss" for mors than
a year. She has said she wanted to wait until after last year's November elections 10 announce the unit. The
announcement was further delayed because of the holidays and her busy schedule
bumanls said she has always pieced Importance on public InlegrRy work, and the unit centrailzes that responslbilny.
The District Attomey's Office estlmales Ihalll has prosecuted 50 cases Involving public officials and employees since
bumanls took office In 2003.
DETAilS
PUBLIC INTEGRITY UNIT
Founded:
Early 2006 by Disloct Attorney Bonnie Dumanls
Purpose:
RootIng out public corruption that Involves violations of stale law
leed prosecutor:
Patrick O'Toole
Address for complaints:
Patrick O'Toole, Distoct Attomey's OffIcE>, 330 W. BroadWay, San Diego, CA 92101
{illustration]
1 CHART; Caption: DETAilS: PUBLIC INTEGRITY UNIT
Crsdit STAFF WRITER
Reproduced with permis$ion of the copyright owner. Further reproduction or distribution is prohlblted.~thout p~rm~ss~~:. -,-------~~
.".-----_..,,'^."._._.~'''_.~_.-.,~-- .._.-"--""._,,--_.._..__...._---_._~+_._._-^..__...._---,.,'~'-'"--".-- ._"-,,,- -~,,-. "" ~
Abstract (Document Summary)
In seeking the indlclment of [Jason Moore], O'[1"ooleJ queslioned witnesses on seven days from March 8-26. according
to the transcripl. The grand jury considered testimony from Moore; [Steve Padilla]; Padille's chief of staff. Tom Oriola;
cRy records custodian louis Vlgnapiano; Marcia Raskin, the cRy Human ResoUfces director; Natalie Flores, the CIty
Council's executive secretary; Chad Blum, Padilla's campaign manager; DOn Glaquinlo, a Padilla campaign worker; and
Mike Goloskle, an investigator with the district allOmey's special Investigations unll.
8/\6/2007 12:39
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A unit works as quietly as it began jlt looks mto atlege(1 puouc C~)nu!Jl..,
UlltJ./I ["...1""""'..1'-'...,\'-""..... _. .--.... ----... 'C>-
46
(St"ve Cast.nedal.aid the Public Integrity Unit spent 14 months investigating three separate allegations against him.
O'Toole subpoenaed Castaneda and other witnesses to testify about an apartment Castaneda rented for ht$ wife;
pltlperty he purchased as a business venture in 2005 with Chula Vista resident Henry Barros; and his role as a board
member of the Chula Vista Redeveiopment Corp.
On May 11, Castaneda Issued a public statement accusing [Bonnie Dumanls] of leading a "political wrtch hunt" against
him. He alleged Ulat Dumanis conspired with Cox to begin targeting hiin in March 2006. when he was running against
Cox in the mayoral primary. He said Cox's husband, county Supervisor Greg Cox, influences Dumanis because the
Board of Supervisors controls the district attorney's budget.
Reproduced with permission of the copyright owner. Further reproduc\ion or distribution is prohibited without permissIon,
300
811612007 12;39 PM
47
b-Le '^- V"A 191 L
ilnJ 07
[INSERT PUBLIC AGENCY LETTERREAD]
June 22, 2007
l\fr. Carl L. Engstrom
1048 Irvine Avenue, Suite 572
Newport Beach, CA 92660
RE:
Your Letter Dated June 22, 2007 Regarding Real property located at 363-365
H Street in Chula Vista ("Property")
\\\~ corr.t'iflJVll.ltt-<.ce.. 1;'
\0 \ .....bO~:HO'\. Y00 ~~
~ --
-' jth,c, Cit} &.'Ii AgenC(f;)
r decision to.f€lil'Ll~,h the Property to the Redevelope f6l'-
. J1 .
~
Dear::vIr. Engstrom:
Thank you for your letter to me dated June 22, 2007.
David Garcia
City Manager/Executive Director
\) \'^- ~c...\e,?-\- vb your- .J..ar...vr-
~ec\aa- \v c",l lL , , ,
. ~"'- y,,,,: bi l, ..
47
[INSERT PROPERTY mVNERlAGENT LETTERHEAD]
June 22, 2007
/
V City ~Bd Redevelopment Agency of the City ofChula Vista
276 FOUlih Avenue
Chula Vista, CA 9]910 /
Attn: Mr. David Garcia, City M."".;g'" and Executive Director
RE: Real property located at 363 and 365 H Street, Cbula Vista, CA ("Property")
Dear Mr. Garcia:
I represent Edward Anus LLC, the owner of the above-referenced Property. Mr. William
L. Mendoza is the Managing Member of this entity. As you know, Mr. Mendoza recently
received a "''Tilten offer to acquire the Property from Carmel Oaks Del Mar LLC
("Redeveloper"). In light of the facts and circumstances surrounding this offer, Mr.
Mendoza has decided to accept it.
The purpose of this letter is to request your acknowledgement of the circumstances
leading up to Mr. Mendoza's determination to accept this offer on behalf of Edward
Arms LLC.
.j....., 'n c--\-..- l1"(OC t" cJ., ~'1.l
My. Men za firmly believes that-but for his agreement to sell the Property for
redevel menfpurposes ~itB"r th" r:"+:' sf Ckdlfl""l.r;~t"-(~;'H the Redevelopment
Agency of the City ofChula Vista ("Agency"),.....<l.',," ,he State e.r C",];f~""~,,.("Srat0")
~uldftolrp ~('tjf)n in the imminent filture to acquire the Property for purposes of
dedicating it to one or more public use(s). lfnll,:"poo"T)', after dne consideration of all
applicable laws, and full compliance with due process requirements, the acquisition of the
Property .would occur via the exercise of the power of enunent domain.
. C ~~
The primary facts and circumstances that have lead Mr. JVlendoza to thi~elief are as ~
follows:
. ---~!--
L The.Qwl.Agencv H~ Eminent Domain Authority wit~ Resoect to the Property.
Pursuant to the State Constitution onrl it. ehortpr. the~t;' has the power of
eminent domain. This power can be exercised any where in the City. Pursuant to
the State Constitution, \~S Califgmia ~ 1)la'l~5, ~..:l~. ,;: jj ;C2 of the
Agency Redevelopment an, the Agency ItIee has the power of eminent domain.
In general, this power can be exercised within and/or for the benet1t of the
Redevelopment Project area. The Property is within tbe Ct, aJ,d the
Redevelopment Project Area. Therefore, while a more detailed analysis would be
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necessary to determine the full scope of this authority as it wQllld relate to any
particular public project, in general the ':"';':' ;md Agency ha~he powers of
eminent domain with respect to the Property. Recent examples of the use of
eminent domain, or the threat thereo1~ to acquire property for pub lie purposes
located near the Property include: (a) ~/Agency acquisition in 2001 of the
property at the southeast comer of Fourth A venue and F street for purposes of
developing the City's new Police Station (Agency Resolution of Necessity No. -
200 1 -1732); and (b) Agency assistance over the past few years with the assembly )
of multiple properties for the development of Pl1ases I, II and III of the Gateway;.
office/retail complex on a site immediately to the south of the Property.
Recentlv A roved ein+Aaency Plans Call for Redevelo ~ofthe Pro eft '.
Pursuant to City Ordinance "",0.296,2 adopted on May 4, 04 the Property was
included within the City's Redevelopment Project Are and Redevelopment Plan.
Within the Redevelopment Project A,ea, Section 40lfofRedevelopment Plan
cans for the elimination of blight, the '~enovation J6d restoration of deficient sites,
and for making underutilized land avaihble for development. pursuant to City
Council Resolution Nos. 2005-423 thr~ugh 47// approved on December 13,2005,
and Ordinance No. 2007 -3070 adopted 'on AJ'ril 26, 2007 the City also revised tbe
land use designations and zoning for th~,property. As a result, the current land
use designation for the Property is "Mix6iUse Transit Focus Area" and the
current zoning for the Property is UC~-2. These land use regulations call for high
density officelre~i1 and/or multi-fami r resifential projects on the .Propert?' with
up to 7 stones at Improvements and' mmuri\,pn Floor to Area RallO of2,:>, By
contrast, the Property is currently !Jnproved wlth a m'o story 2& unit apartment
complex that was built in 1958. )"he Floor to Are(l Ratio of the existing
improvements is only .66. Thiftmprovements are\~utdated and in need ~ Gc.. k'( ~
substantial repair. For redeve}6pment purposes, we Q,a\ e been il',J6\Ji)~.{ that the
Property would be c.onsidered to be in a "blighted" co1~tion. Tho Prepel't!i's
I\nysic.al condition cCin1blfrl '\'1,,,-;:11 TP:(';pnt l'ifJrl A B~"'~l ha1rll1'=.F': aDd
r.~op;~nt ~~~,~v~i~/lt:,utL H1 lhe u.~. ""d t!." w,pw",u,M~b ~'~ ~:~'?erty
'I3efftg: HVU-.......Ulllurmlng;r tney also plul,;v llH:; rl\.'1J~.lly .:>yd4..d.:..]y ill. the path Gf
-fl,.,do--v.....1VpillGUL. l
3.
The Agency Has Received a Proposal for the Development of a Public Proiect at
and around the Propertv, bas extended Owner Participation rights to Mr. Mendoza
and Mr. Mendoza has indicated that Edward Anns LLC has no intention of
developine: the PropertY. On June 14"' I received a letter from Ann Hix, the
City/Agency's Acting Director of Community Development. This letter
continued onr understanding that the Agency had received a proposal from
Redeveloper tq redevelop the Property, combined with adjacent parcels, into
approximately 166,000 sC\uare feet of public courthouse facilities to be owned
and/or operated by the California'Superior Court system (me "ProjecC). Ms.
Hix's letter apprised me of the Orfl' s rights to submit its develepwt:uL .
credentials a11d an altemative dev 0 ent ~al. My kner back to Ms. Hix
also dated June 14<11 apprised the .' 'Agency of the owner's determination not to
2
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~ -
Furthermore the Redeveloper and! r affiliates thereat: O'vTI substantially all of the
parcels adjacent to the Property.; uch panies are currently working on other
redevelopment project proposals for these parcels. Accordingly, in our view,
unless the Property is sold for redevelopment it will become an outdated "island"
parcel, wilh reduced utility and value. ~ .
In light Of.' the above facts .and Circum. stances, Edward r[~ ;retf. t1.es., ,t you
=kH~\LJ~qg~A.e~cep,tjes___dete~i.11ation to_r~M.pJ--QP~11Y_J~.Jhe..Re ':eIQR!:,r
for the dey'~lQpmentoftheProject (or asimila,-proie_c:t),.....'~-4d..n'~l'l(q6f'.. In your
consi'i:'Ieration of this request, please know that the owner 1> . ed--v. . le proposed
terms ofthe sale, and is pleased that, ".;th ;'g'lr tirIl(?l:' r".]?QI'l~e, the Property can be
redeveloped in a manner that is consistent with the ~nd Agency's redevelopment
objectives, and/or the needs of the State.
Thank you for your cooperation in this matter. I look forward to your response.
Sincerely,
Car] L. Engstrom
cc, Mr. William L. Mendoza
3
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47
[INSERT ~3ElXVrc.LCW\;lENT AGENCY LETTERHEAD]
I J ""~q 7007
, une ==-::'::..::,.., _
Ivlr. Carl L. Engstrom
1048 Irvine Avenue, Suite 572
Nev,.'Port Beach, CA 92660
RE: Your Letter Dated June 22, 2r}07 Regal'ding Real property located at 363-365
H Street in Chnla Vista ("Property")
Dear Mr. Engstrom:
Tbank you for your letter to me dated June ::28, 2007.
En..co UpOR-t~'I,. anrl circutHs-ta,*,-'-5-e_t-f\-H_t-iB--yeHI~,"*-i{-y--Ml€Ple8Se he
advised t113t the Agency __ "cJ:r;~'.':["d;;c l:l1-8-aCcept~ your decision to f~*jsft-sd I the
Property to the Redeveloper for public purposes in lieu of condemnation.
Very truly yours,
David Garcia
Gi-Pj----ManJ;;:r:'Executive Director
Red.::veloDmeni .A:2:encv of the Citv ofClnlla Vista
47
Llalliiillil
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GLEK R. GOOGINS. ATTORNEY AT LAW
(p_7-~- 01
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344 F STREET. SUITE 100 ,f'(;.. Y~/j,-rJi
CHULA VlSTA. CALlFORKl-' 91910 C'--:YtUc:-
TEL: 619.426.4409 E-MAIL GRGLA\C@COX.NET
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[INSERT PROPERTY OWNER/AGENT LETTERHEAD] '/1/1"3"/07
j I June 2223, 2007
/
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(::'ry-BB€-Redevelopment Agency ofthe City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: tvlr. David Garcia, Ci::; MGnttgeHl*~Executive Director
J'I
RE: Real property located at 363 and 365 H Street, Chula Vista, CA ("Property")
Dear YIr. Garcia:
I represent Edward Anns LLC, the ovmer oftbe above-referenced Property. My. \'iilliam
L. Mendoza is the Managing Member of this entity. As you know, Mr. Mendoza recently
received a ""Titten offer to acquire the Property from Camlel Oaks Del J\'lar LLC
("Redeveloper"). In light of the facts and circumstances surrounding this offer, ::VIr.
Mendoza has decided to accept it.
TIle. purposc of this letter is to request your acknowledgeme.nt of the circumstances
leading up to Mr. Mendoza's determination to accept this offer on behalf of Ed,,:ard
A.nns LLC.
il
Mr. Mendoza tirmly beb~ev at t for his agreement to sell the Property for
redevelopment purposes '. .' 'J'-B.f-GJ,ul-a-3.':;;tH ("Gi-<y:)::::t!'::~e~:.v:l?~'P;;;~ _
Agency of the City ofChula 15ta ("AgencY"~~~/1
would (alee ilct;l'n;nitiate nroceedings in the imminent future to acquire the Property for
purposes of dedicating it to one or more public use(s). -l+-1""cC5S:lIJ, GJ"tcrAft"r due
consideration of all applicable laws, and full compliance 'with due process requirements,
the acquisition of the Property fwould occur via the exercise of the power of eminent
domain.
TIle primary facts and circumstances that have lead Mr. Mendoza to thi ~1lief are as
follows: ~
x
The Gi,,,,"Agencv He..: H~ls Eminent Domain AUThority with Respect to the
PropertY. Pursuant to "''''~(~'H5i+EH1'0IHH''xj-ib-g;.tH'ta7-l...t!-G-it~TI\S-+Rt
i'~r ofel1li:10R: ([01T.ain. HHTJ.' =w'.~r ce.'1ll k c;;:'-ci,G:! aH7-W-li~~' ~. /.
.L~~.6..<::~' .' ......,---
P--Hi~lF:t--ft+-~~ .' _ I and ',"__-'l_
~ . . ~Yelopment Plan, the Agency pW<,>-has the power
of eminent dama' . In general, this power can be exercised wit1lin and/or for the
benefit of the Redevelopment Project area. The Property is within th~
/:./
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47
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GLEN R. GOOGINS. ATTORNEY AT LA'X~
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344 F STREET, SUITE 100 ec
CHULA VISTA, CALIFORNIA 91910
TE.l: 619.426.44IJ9 E-MAIL: GRGLA~.@COX.NET
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[INSERT PROPERTY mVNERJAGENT LETTERHEAD] ,II: ~
/1 ""5;o}
47
\/' I June 2~2.9, 2007
jl
i;:ity-&J-1-4 Redevelopment Agency of the City of Chula Vista
276 Fomih Avenue
Chula Vista., CA 91910
Attn: l'vIr. David Garcia, G-iiy-NCal"';; ~,. llllti-Executive Director
JI
RE: Real property located at 363 and 365 H Street, Chula Vista, CA ("Property")
Dear Mr. Garcia:
I represent Edward Anns LLC, the owner of the above-referenced Property. 1\1r. William
L. Mendoza is the Managing Member of this entity. As you know, Mr. Mendoza recently
received a '''Titten offer to acquire the Property from Carmel Oaks De! Mar LLC
("Redeveloper"). In light ofthe facts and circumstances surrounding this offer, l'vlr.
Mendoza has decided to accept it.
The purpose ofthis letter is to request your acknowledgement of the circumstances
leading up to Mr. Mendoza's determination to accept this offer on behalf of Edward
Arms LLC.
x
Mr. Mendoza firmly believ at- t for his agreement to sell the Property for
redevelopment purposes :ty of Ch~ln Vi~.t<: ("Ci:J:)~~~:::~e~~v:lo~rp:,~~
Agency of the City of Chula Ista ("Agency"}.#"'~~A"
would l-aJa~flinitiat'" proceedings in the imminent future to acquire the Property tor
purposes of dedicating it to one or more public use(s). ] r,- 808550.")', "i'i""Aftcr due
consideration of all applicable laws, and full compliance with due process requirements,
the acquisition of the Property f^",ould occur via the exercise of the power of eminent
domain.
~.
The primary facts and circumstances 111at have lead:>vIr. Mendoza to thi ~ ~lief are as
fo]]ows:
The f:.i1~Agencv ~I'IJS Eminent Domain Authoritv with Respec-t to the
PropertY. Pursuant to tfl€...&Eak"'-G~"HS4,iH~I.;.(.;,1-at1{.J...i~.aFler. t],e-Git:, n1l5 [11"
J"G.' """1' G <' c:11inenl 801110;11. 1'1,';'., FD?cr CO" bz eX2fc;sca :tn}' '.\'1',,'-ro i~.
.k"'.AY~~' =<~~ d ~ ,......
J2.H.r.s.m1:r.-t-l.++-~..PL~ -', ~JHCr~~lJI~. - i_'. \,-.....
. velopment Plan, the Agency p4-has the power
of eminent doma' . In general, this power can be exercised within and/or for the
benefit of the ,Redevelopment Project area. The Property is within th~
/
i;~
x
47
v! I
credentials and an alternative deveiopment proposal. My Jetter back to Ms, Hi~
also dated June 14th apprised the ~Agency of the owner's detemlination not to
propose an alternative de:relopment project at the site. ~~
\/
- ,
Furthermore, tR'=-iLl~ mv IlJ1ck,'sl3ndinz tint lhe Redeveloper and/or affiliates
thereof, own substantially all of the parcels adjacent to the Property 8nd thOl slIeb,
&tI<Otl-parties are cun-enHy working on other redevelopment project proposals for
these parcels. Accordingly, in our view, unless the Property is sold for
redevelopment it will become an outdated- "island" parcel, with reduced utility
and value.
,
./1
v
\/1
In light of the above facts and circumstances, Edward Arms LLC requests that you
a€4;{,\\'lc,i;;c Dad accept it's determination to t'E'l-itn.iB-idi--Scll the Property to the
Redeveloper for the development of the Project (or a similar project), in lieu of
condemnation. In your consideration of this request, please know 1.l1at the owner is
satisfied wjth the proposed temlS of the sale, and is pleased that,.".-it:l ",OLlF--lffl-1-t'ly
fL~~-tJle Property can be redeveloped in a manner that is consistent with the G#j~
2-A4-Ageacy's redevelopment objectives, and/or the needs of the State.
Thank you tor your cooperation in this matter. I look forward to your response.
Sincerely,
Carl L. Engstrom
Ice. Mr. William L. Mendoza. Mm13Zinf! Member. Edward Arms LLC
,
XI
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47
~~ Redevelopment Project Area. Therefore, while a
more detailed analysis would be necessary to determine the full scope of this
authority as it would relate to any particular public project, in genera] the ~~. G.l<!
Agency 1',*,'-f'-l"" the power;; of eminent domain with respect to the Property.
Recem examples ofIhe use of eminent domain, or the threat thereot: to acquire
property for public purposes located near the Property include: (a) C:y.,iAgency
acquisition in 2001 of the property at the southeast comer of Fourth A venue and F
street for purposes of developing the City's new Police Station (Agency
Resolution of Necessity No, 2001-1732); and (b) Agency assistance over the past
few years with the assembly of multiple properties for the development of PI lases
T, II and III of the Gateway office/retail complex on a site irrunediately to the
south of the Property.
"
/
ge ians C:l1l--t:e.FComemnlaTe the Redevelopment
oftbe Propen:v. Pant t . ~0rdinance No. 2962 adopted on May 4, 2004
the Property was included '-tl1m the City's Redevelopment Project A.rea and
Redevelopment Plan. Within the Redevelopment Project Area, Section 400 of
Redevelopment Plan calls for the elimination of blight, the renovation and
restoration of detlcient sites, and for making underurilized larid available for
development. 12<tl'Sttaffi-fO City Co,"~ci~ Re":.J1-HtiBH No~. 2005'!2: thrOL~;h .te'
appI"O''-cC on f)C2etft8e1' 1:, 2~nj Ordi_HBe-N'e~007 '07{) ad"ptcd 0:1 /'.jCril
::;6, 20071"~11.."--Gi-ly-al5c-+-"C~.joe-l&J,<d~:';i;11C1tions and zoniRg-fer--B'l€
Pr~p2rt> -As a result. the c,n'2IC! land ase-<~csj;na~I'-the V'1: pen)" jJ "P/l.i*e<l
Uc.c Tmn:,'it focus .'.ren" "nd t~1e--{'-'-llrrCnl :coTlin; ~'~,f-tfr.e-.J2r.t'1j"e-r-lT-i-s+.U; 2. T-he5€
inr:c 'lse rG;LHaOOnS call for hi,;h del~si"fy-~/;'etatJ-fl-A4LaF-ffi-H-l+i-fa.Jn-i+t
~"fl-l-i.al-.projcct:; on the Propzrty-wit-l'l-Bj; to -: ~:('ric: o(impr0'\;emen:s :ll1Eht
fFIi-Rtm'd-ffi-r~I'ffi-R.fr1-iB-B-f2.5. By' L'Bfl\~lTto The-Property is currently
improved with a m'o story 28 unit apartment complex that was built in 1958. +lw
Floe:' to .\rea RQtio OH4,~,i'n:; iFll~1'l€fllS is only .66. The improvements
on [he Propcm' are outdated and in need of substantial repair. For redevelopment
purposes, we ffip,.'J B6m: inu'fffl<:.'-tlbelieve that the Property would be considered to
be in a "blighted" condition. *~-12F&f-'''rl:(J j:hys-i-€fl-I-eei~~ombil1ecl ". i:h
reeefl't-Gi{)'.'.^,gen CJ' tiHN-H5e-&!'lB-i'€4..~Bj'>fR€R l npp :"(Prr'}~...ffi-t~,&-8~,.a
ffie-improyon:zlCtD m: the Pf()I;ffi}'--9e+n; "non confBrmin;:" tl~e:; Dl-5-&-j'l-ia~
Ilrefert:: sq~IGrcl:/ in 4e--j3at'R-ef-FcaOC.u,oeJBj3ffi€fll"
3. The Agencv Has Received a Proposal for the Development ofa Public Proiect at
and around the Pronertv. has extended Owner Participation rights to Mr. Mendoza
and Mr. Mendoza has indicated that Edward Arms LLC has no intention of
velo'in the Pro ertv. On June 14th I received a letter from Ann Hix. tbe
~/l}iency's Acting Director of Community Development. This lette~
~rmed our understanding that the Agency had received a proposal fl'om
Redeveloper to redevelop the Property, combined with adjacent parcels, into
approximately 1 66,000 square feet ofpublic courthouse facilities to be owned
and/or operated by the Califomia Superior Court system (the "Project"), Ms,
Hix's letter apprised me oftbe ovmer's rights to submit its development
~
L.
CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
July 13, 2007
To:
Glen Googins
Fax:
619-393-0318
From:
Michael J. Shirey, Deputy City Attorney
Re:
Real Property located at 363 and 365 H Street, Chula Vista, CA
Pages (including cover sheet): 4
MESSAGE:
Pursuant to your telephone conversation with Michael Shirey, please see the attached.
Thanks!!!
THIS COMMUNICATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TOVVHOM IT IS ADDRESSED,
AND MAY CONTAIN INFORMATION WHICH IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER
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27B FOURTH AVENUE - CHULA VISTA - CP.L1FORNIA _ (619) 691-5037 _ PHONE_ (619) 585-5727 _ FACSIMILE
J :\A ttomey\Michae I Sh \F onus\Faxes \G len G o()gins.doc
HP Fax Series 900
Plain Paper FaxfCopier
Last Fax
Date Time
~
Jul 13 1:16pm Sent
Result:
OK - black and white fax
Identification
93930318
47
Fax History Report for
C.V.City Atty - Lil. Div.
(619)41'6-5305
Jul 13 2007 1: 17pm
Duration Pages Result
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OK
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~~~~,
~~~~.~
0lY OF
CHUIA VISTA
REDEVELOPMENT AGENCY
VlA E-MAIL; HARDCOPY TO FOLLOW VIA U.S. MAIL
July 6, 2007
Mr. CarlL. Engstrom
1048 lrvine Avenue, Suite 572
Newport Beach, CA 92660
RE: Your Letter Dated July 5,2007 Regarding Real property located at 363-365
H Street in Chula Vista ("Property")
Dear Mr. Engstrom:
Thank you fDT your letter to me dated July 5, 2007.
Please be advised that the Agency accepts your decision to sell the Property to the
Redeveloper for public purposes in lieu of condemnation.
Sincerely,
UJL
David . Garcia
Executive Director
Redevelopment Agency of the City of Chula Vista
276 FOURTH AVENUE. CHULA VISTA. CAUFORNIA 91910' (019)E91-5047' FAX (619) 470-5310
~ Pm1...cn.u-~IdIJdP_
~vu...:.
47
07/~512e07 13'29
S<l9-5~8-5Bl.
KINK05 COQ-rA MESA
PACX: 02/0.
CARL L. ENGSTROM
Attomey at LaW
1048 Irvine Ave., Suite 572-
Nl!.wpoIt Belch. CA 9Z660
(949) Z95-7209
VrA F.<\X...lIARD con TO FOLLOW BY U.S. MAlIL
July 5, :ZOO?
Redevclopment Age;ucy at the City of Chula Vista
275 fourth Avenue
Chwa Vist.I, CA 91910
AtIn: Mr. ::;>;tvid Garcia, Executive Dir:cclOr
RE: Sale "f <"<>Oll'roperl:;/ loMted at 363 and 355 a: Street, Clmla Vista, CA
(""l'roper!J''') pursuant tn threat of ell1inmt dotnain pl"ocNdiilgs.
D=Mr.(larcia.:
[t$p:esent Edward AImS, LLC.1ha ow::let of !he abo\'e-rererenced Property. Mr.
WillilllT1 L. MendoZll Is the M:n1aging Member aithis ent>ty. A. you know, };Ir.
M&ldoza r~eeptly reealv"'i a wr1ttt::o 6ff"", to aCql1u-e the Property from Carmel Oa.kl; Del
Mar lJ..C (''Redeveloper''). Edward ArnIs.l..LC had no irllJontlOJJ \vi1..k~oe""no selllhe
PrQpeny. ! [owe""', in li~l't of the facts and cil:'C.umstances sunounding this offer. Mr.
Mendoza l.as reluctlll1tly d::cid.ed to accept thi.5 offe;r ou'bclJslf of'EdwlI(d Am1s. LLC.
The pUl'pOile of ihilllel1er 1; to reque.s.t your ackn"",'ledgexnent ofilie citcUlDStnnces
leadillg up to:Mr. Met'ldoza' 5 decl&ion. as Managing Member. "[() sell.
Mr. Monduz. ftOllly 1>elic"cs that-bUl for his lil~ent to s~lI the property for
redeve)ojlDent purposes- oQjtb.er me Redevelopment. Age:ney of the City of Chula Vists
("Ag=cy" l. and/or the sure of california ("Stll1t:;") would initial.. PlQceedings 00 the
i.mminent I iltUIe to acquire the Property for purposes of dedicating it to one or more
public u:;e(s). After due crlnsid.eration of all applicable laVlS. apcl full compliance with
due process requirements, the acquisition of tha P1'(lperty could occur via th~ exercise of
the power .)f ~inent doma.m.
The primllI'Y fact~ and circumstances th[l.t hayc le~q. Mr. Mendoza to this belief arc as
folloWS:
1. :nIl' A<'&1c'Y, Ens Eminent Doma!:'! Authoritv with Res= to the Prot>"".,v,
Pwsuant to the SLBle Constitution., m= Califoroib Code provisions.lll:rd
Se<,tion 503 of the A.ge:DC)' Redeyelo?me11C Pl.lIn. the Agency has the power of
eminent dOtnain. l~ gencral. this poWtO.' = be exercised withill..anrlIor f,"f the
S9 38\!d
153 ~3~ lS3MNI~lN~,
g9"[8-ZZt;>-613
5?:El L0BZ/~2/.A
87/sS/z807 13:29
945-5~8-5B14
47
KZ~K05 COSTA MESA
PAGE 83/04
ben-,frt ofm.. R.ede"el.opme:nt Project ilre.a. The l'ropel:ty is with.in the Clly of
Ch<1a vista ("City') and the .Red~el<>pme;nT Projec;\ Area. Th=f.,,,,,, wltU" n
mOle detaileD anabsis would ~ peressary to del:=ine the full9cope of lhis
authority 118 it waul j relate to !lIlY plll:licul.ar publio project, in general tho Agency
hns the powor of /:1Ilinentdoraain with resp<:<'t m the Property, Recent e::twn!l)"'~
1)f 6e use of emine-lt dommn, or the threat thereof, to acquire PIl;lperty for public
purpose. located pc ar me l'l:operty include: {a} Agency ~cqu.i!dtion in 2001 of the
property at the SoOUl acast comer of Fourth ^ venoe lU1d F' street fOil' J?Ul:p08C:S of
do:velopingthe Cit~"s new Police Station (Agency R.eso!utionof Neceuit)' No.
:WC 1-1732); md (b) Ageooy 3Ssistao~ over the past feW years with lh.c ",~embJy
at rauldpk plopcrtles for the development of Phases 1, U and In of the Gnteway
office/retail romphtl: em a site immediately to t.\)e aouth of the Prcperty.
2. ~:cnth' AporoveC Citvl Al!en"" Plans Contcmol"te !he R..&veloomont of the
Pro~. Pursuanllo City Ordin"""" No. 2962 adopted on May 'I, 2004Jthe
Property was inclu.led within thl; City's l.l:.ed..,'eloJPll'lentProjecl Area and
Rede..c;!opm""-' PIon. Within the Re<i~"e1opment Projecl Area, S<::ction 400 of
Redevelopment Pha calls fot the cllmlnation of blight, the reDovation and
restoration of deficient sites, Il!Id for mcldngunderufiliZed land available for
de-,eloprncnt. The Property ls =tly improved Wil:b.ll two story 28 \lTl\r
"P.rtmeol eomplt~ that wss built in 1958. The> lmprovemcnl$ on the Pl:l)~'c:rty are
om:lsted 1lIld in nel,d of $l.lbst:lntial xepe.\t. For redevcloplMnr purposes, we
bel ,,"ve that tbe Pr{perty WO\lJ~ beconsidl!Ored [00'" in a "bltgbled" condJllon.
3. II:ll' A"er.ev Ha. Receivod . Prouosal for !he Development of" J"ublic Proiect :ill
l!!:l>' MOund the ProPcmv, 11"" e"tended Owner Particinntion, Ti!!hts to Mr. Mendoza
!Y!f' M~- Mendo~.(l. lias indicated thar Edwaro AT:11Is. LLC b>lS no Inle:ntio" of
.\We]olliDJr the 1'ro~ On 1= 14"1 received a IettfIr from Ann Hix, \he:
CitvlAgency's Ae:ting Pire:ctor of Community Developmeot. ~ letter
cor,rmned out und.~rsten.ding iliat the Agency had receiv"li II proposal from
Rbleveloper to redevelop tbeProperty, combined with adja=t parcels, jnto
3W1ttIXimately 166,000 sC(1W'" feet of Pllblic coun:l1ouse facilities to be owned
lTD,llor operated by me Califoroia Superior o,urt system (!he "P""j_"). Ms,
f{~:'s letter appcisld me ofrlleowner's rights to submit lts own de,,<::lopmem
crellenti~ and un alternative development proposal, My It.:llCr back to Ms. Hiz
el." dated June. 14'b appri&ed !.he Agf5fJJ;y of lhe owner's detcrrnlnatton o;:,t to
pIC pose lUl a]le= ioye deV1:1opment project at the site. The owner is aws:ce thar
the P)'<?ject is a hip priority project for the State. Fu.-th::more, it is: my
uru lerstmding ~!l.t the ltedcy."loper al\llfor affiliot~s thereof. own subst!ll1tia11yall
of ':be parcels adj..:em: to the pttJperty and that su!;b parties ..... eutrently working
on other. redeve1op"e:llt 1""jec! proposals for thl!lSe paIcels. Accordingly, in our
vi;w, unless the l'lcpomy is sold roc ,ed('.VelopmEl~t it will becoo;ce an outdated.
"is 11lnd" ~el, w: III r:ednoed uti!it)l and \laine,
1n light of the above facts nnd circumstartces, EdwaId AoDs. LLC requests tb2u: )'OU
accopt it's determination 1 q sl!lll the Property to the Redeveloper fOlr the developrlleOl of
2.
tB 39';1d
1.S3 ,'>'3<1 ~S3,'INI\;I-1NOW
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SP:8, LBSG/geIL.
07/B5/2e~7 19:29
949-5~5-5814
47
K!NKOS caSTA MESA
PAS'; 64/04
/he ptoject (OI a si1l'.Ua:r pI' accl) , in lieu of eCllldemnatlan. [n your consi~a.tiCll. ~f this
I"'l"Ost, pltase mow that ~lC OWD~r is satisfied with IhepIopo.ed te:rms Qfthe s~e.
TbMk YI>\l for )'OW' coopeation ill1IDs IIlatrer. 1 1 ookforwatd tl> YQm ."SpODS".
Sin=e1y.
~~~~
CadL.E.Il;~
00. Mr William L. Mendoz;ll, Managing Member, Edward AnnS, LLC
s
>;8 391Jd
lS3 I~ lS3~,I~lNOH
01318-<:<:,\>-519
>;P:S1 L80o/S01L8
47
CDN; ""3:!~
Carl L, EngMrom
Arton:te," .at La....
1048 Irvine Ave" Suite m
Newport Beach. CA 92660
c::lt,.....IIgstro_~ahlJo,cOll1
Tel: (949) 29,-1209
lul1C 14. 2007
City ofChula Vi~ta
Community Development Dept.
C/o Ms. Ann Hi,,-. Acting D~nx:tor
276 Foonh Avenue
Chul_ Vis:a. CA 91910
RE: R<,spon~e. to. Notice [0 the: Owner of Ass.es!\or's Parc~1 No, $6&~4SG-5l~
a1.0 k""wn,as 3li.l.3U5 H Street, Chul. Vista, CA
Dear Ms. Hix:
This 100ter ""nfirms receipt by Edw"d Arm., LlC. ,iJe owner of the above delcribed property, of your
letter dated June I~, 2007 regarding the Notice orSal"';'_,;on oflntorcSl in Ownc.r Participation and
Request lOr Submi",,;on of Allemate Development Proposar. As tile lepl represemative "fEdward Atms. L["C,
r would like to advi", you thot my clie", will nel proP<>'" an ahernale redevelopmen. projeCt ., 36l-3f>S
H S1rcer, Chul. Vista
Please contact me if you should have any question
YM~ s:= ~~
em/ L. Engs,ro~
Cc: Ene Cmtke\'. Redtvelopm""t Manager
W~li_m L, Mendo..
47
Solicitation of lr.terest in Owner Participation and Request for Submission of Alternate Development
Proposal for Assesso"s Parcel No. 566-450-51
June 14, 2007
Page 3 of 3
If you are interested in submitting ar; alternate development proposal and need
direction on a suggested proposal format, please contact us. Thank you for your
timely response to this sDlicitatior; of your interest in owner participation.
Si7IYy;
(d:1f(x #
Acting Director of Community Development
Attachment: Exhibit A-
Exh ibit B -
Exh ibit C -
Exhibit D -
Map of Development Site
Map of Subject Property
Rules Governing Owner Participation and Preferences
by Property Owners and Business Occupants
Statement of Interest
Cc: David R. Garcia, City Manager
Eric Crockett, Redevelopment Manager
Diem Do, Senior Community Development Specialist
Ann Moore, City Attorney
Cln' OF CHULA VISTA
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4;1
Newspaper: UNION-TRIBUNE
Date: Jun 02, 2007
Day of Week: Saturday
Edition: R,E,S,F
Section: LOCAL
Page: B-1
Length (in lines): 698
Headline: Lawyers' bills mounting for ethics investigations
Byline: Tanya Mannes
Credit: STAFF WRITER
Captions: Published: CHULA VISTA'S LEGAL BILLS
Town: CHULA VISTA
CHULA VISTA -- Chula Vista spent $411,261 in the last 14 months for
outside lawyers who represented city officials questioned by the district
attorney's newly formed Public Integrity Unit.
District Attorney Bonnie Dumanis created the unit in early 2006 to
investigate public corruption allegations throughout San Diego County.
To date, the unit has indicted one person - Jason Moore, an aide to
former Chula Vista Mayor Steve Padilla - on perjury charges.
Since March 2006, the city paid lllaw firms to represent employees who
testified before the unit's criminal grand jury, according to information
The San Diego Union-Tribune obtained through a California Public Records
Act request.
City Attorney Ann Moore provided the bill totals but not the attorneys'
invoices or contracts, saying they are protected by attorney-client
privilege.
Officials with the District Attorney's Office also didn't disclose details
oftheir investigations. Until an indictment is issued, grand jury
proceedings are kept confidential to protect the reputations of those
involved.
The city is required under state law to provide legal representation to
its officials and employees who are involved in litigation related to
their official duties.
"We have no choice but to hire private attorneys to perform whatever type
of legal work is necessary," Moore said.
She said the work can't be done in-house "because our office represents
the city, not the individual employees or officials."
City Councilman Rudy Ramirez, who took office in December, said that he
was alarmed when he learned how much the city had spent in legal bills and
that it was "a questionable use" of public resources.
"There needs to be some accountability on these secret investigations and
the resources attached to them," Ramirez said. "We need to get some
answers from the District Attorney's Office about whether or not tbese
investigations are legitimate."
Cbula Vista Mayor Cheryl Cox said most ofthe decisions to hire outside
counsel were made before she took office in December.
"Since much of this was acted on by a previous City Council, it is pretty
hard for me to know whether it is justified," she said.
Cox noted that the city can force an employee or official to pay back the
money "ifthe person was found to be acting outside the ~cope oftheir
employment, or doing something illegal."
Councilmen John McCann and Jerry Rindone did not respond to requests for
comment. Councilman Steve Castaneda declined to comment on the advice of
his attorney.
Prosecutor Patrick O'Toole, who heads the Public Integrity Unit, has
focused much of his energy on Chula Vista. He subpoenaed nine witnesses in
seeking the indictment of Jason Moore, which was part of a larger
investigation involving more witoesses, according to grand jury
transcripts released after the indictment. Moore pleaded not guilty in
April.
Last month, Castaneda said the unit had initiated three separate
investigatious of him in the last year. He accused Dumanis oftargeting
him for political reasons and pressuring him to resign. He has not been
charged with a crime.
City attorneys in San Diego, Imperial Beach, Solana Beach, Lemon Grove,
National City, Del Mar, Santee, Carlsbad, Oceanside and San Marcos said
there have been no Public Integrity Unit investigations in their cities.
Chula Vista's legal bills come as the city prepares to cut its budget
because of a slowdown in new home construction. Cox recently called for
austerity, saying she is prepared to fund "little other than core
services" for several years.
In a prepared statement, Dumanis did not comment specifically on the Chula
Vista investigations, but defended the Public Integrity Unit.
"The public has a right to expect that their public officials are not
breaking the law," Dumanis said. "Protecting and vindicating this right is
one of the most important priorities in the District Attorney's Office,
and the Public Integrity Unit continues to ensure that this is done."
O'Toole declined to comment beyond the official statement.
CHULA VISTA'S LEGAL BILLS
Baker & McKenzie, $37,676
Benjamin L. Coleman, $14,790
Cooley Godward, $6,105
Coughlan Semmer & Lipman, $49,782
Irell & ManeUa, $19,782
Knut Johnson, $13,413
La Bella & McNamara, $51,945
Luce Forward, $67,458
McKenna Long & Aldrich, $71,842
Morrison & Foerster, $48,987
Frank Vecchione, $29,481
Total: $411,261
End-of-Story
Chula Vista re~..;dents join suit over land use - Si.gnOnSanDiego.com Au.
http://pqash.pqarchiver.com/sandiego-sub/accessl1285486661.html?did..,
50
4 Chula Vista residents Join suit over land use
[R,F Edition]
The San Diego Union. Tribune. San Diego. Calif.
Author: Tanya Mannes
Date: Jun 8. 2007
Start Page: 6,2
Section; LOCAL
Text Word Count: 164
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Document Text
CHULA ViSTA __ Four Chula Vista residents -- all former or current City Council. Planning Commission or San Diego
Port Commission members __ will join in a clly lawsuit lhat seeks to biock a citizens land-use innialive from the June
2008 ballot.
A locai real estate Investor collected more than 20,000 signatures supporting an Inlllatlve that would cap heights at 84
feet for most bUildings in the city, The council voted last month to ask a Superior Court judga to declare the initiative
Illegal and Invalid. contending it wasn't published properly.
Yesterday former Councilwomen Patty Davis and Patty Chavez, Planning Commissioner Kevin O'Neill and former Port
Commissioner Ty Compton were granted permission by Judge William S. Cannon to intervene in the lawsuit.
The residents petition stated that they "have an independent Interest in protecting the integrity of the election prooess In
Chula Vista," and they believe the Initiative is illegal.
They are represented by attorney John Moot, a former councilman.
-T.M.
Credit: STAFF WRITER
Reproduced with permission Qf' the copyright owner. Further reproduction or distribution is prohibited without pemiission.
Abstract (Document Summary)
Yesterday fonmer Councilwomen Patty Davis and Patty Chavez, Planning Commissioner Kevin O'Neill and fonmer Port
Commissioner Ty Compton were granted permission by Judge William S. Cannon to intervene in the lawsuit.
Reproduced with permission of lhe copyright owner, f=:urthef reproducllon or distribution is prohibited withoul permission.
8114/2007 2:23 P1\
1 of I
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51
City sues ex-official to force payment of $100,000 fine I Campaign finance violations
at issue
[R,E,S,F Edition]
The San Diego Union - Tribune - San Diego, Calif.
Author: Tanya Mannes
Date: Jun 21,2007
Start Page: B.3
SectiOn: LbCAL
Text Word Count 613
Document Text
Ed~lons vary
CHULA VISTA -- The city of Chula Vista has sued former City Councilwoman Patty Chavez to force her to pay a
$100,000 fine for violating the cily's campaign finance rules.
Chavez Is fighting the lawsuit, saying Ihe city's ordinance is "confusing and misleading."
"The city offers no means for candidates to understand the complex election laws either through workshops or a
question-and- answer center," Chavez said in a prepared statement,
"We want representation at public-otrice level to be reflective of Chule Vista's vibrant community - not just people who
cen afford to pay high-priced lawyers and consultants," said Chavez, who was a stay-at. home mother before her 2005
appointment to fill a vacant council seat.
Chavez lost her seat to Rudy Ramirez in the November runoff' election.
In a complaint filed June 7 in San Diego Superior Court, the cily's special counsel, former San Diego City Attorney John
Witt, says Chavez lent herself $11 ,250, violating the cily's $5,000 limit on personal c-onttibutlons. She failed to notify
Ramirez of the loan, as the city required.
Chavez said she was fined abollt $6,000, which then was reduced lc $3,000. She refused to pay It, and the city filed the
lawsuit.
Her attorney, Joseph Casas, said the proposed $100,000 fine is a "Draconian" application of a well-intended law
The city's campaign-finance ordinance sets a fine of $5,000 par violation, or three times the amount that was not
reported properly, whic'hever Is greater. Wilt said Chavez committed 20 separate vioiations between the June prtmary
and November rllnoff election and therefore "is liable for the greater fine of $100,000." Wit! said each time Chavez failed
to notify the cily clerk and her four opponents in the ptirnary equaled five COllnts.
In 2004, the City Council set a lirntt on personallbans of $5,000 per candidate. Candidates are allowed to exceed the
limit if they notify their opponents and tha city cletit Their opponents then can receive campaign contriblltions over the
$300-per-lndlvidllal limit, lip to the amount of the personal contribution.
The ordinance reqllires the cily to appoint special counsel to Investigate campaign"finance complaints, ievy fines and file
lawsllits on behaff of the ctty, as Witt did. The ordinance does not reqllire oversight or approval from the City COllncll.
Mayor Cheryl Cox said elected officials shouid not be involved in enforcing the ordinance because they could "taint the
process." Cox said she had not seen the Chavez lawsuit
Last year's elections were the first in which the new rules were in effect.
Other candidates - Councilman Ramirez, Pat Moriarty and Richie Macias -- said they were accused of violating the new
ruies about personal loans.
Ramirez said he is currently under investigation, and he expects to be vindicated.
"I have nothing to hide," he said.
In February, the city sued MaCias, who unsuccessflllly ran for mayor. Macias said the city wanted him to pay a $7,500
fine, and he refllsed. Macias said that last month his attorney filed a response to Ihe lawsllit
Moriarty, who unsuccessfully ran for City Council, said she settled her alleged violation before it went to court. She and
her campaign lreasllrer, Xavier Martinez, spirt a $6,150 fine.
Moriarty said she fait she was unfairly penalized for "an honest error_"
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;ity &'Ues ex-official to force payment of $ 100,000 fine I Campaign fruan...
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Cox,t~c$n!lyiom'led er, ed hOc corominee to look at revising the ordinance and to makID sure it Is clear.
"1\ seemed 'a prudent time to address tile ooncern~'that were raised by the candldatilS," she said.
T"'e oornmil\ee members are: 10m'el CouMllmi>l) Jol)n Moot, an atlorney; G, MIChil<l1 German. a deputy attorney
gerteral: !;Ind Hwnberlo f'eraza.. chief of staff for Rep. Bob FUner, D-San Diego.
[lIIustratlon]
1 PIC: Caption: Patty Chavez
Credit: STAFF WRITER
_.__._----~._._-~..~-,..~--.~-_.,-,-,,_..-.._'-','''._......--..., ..,._."--,_.~.,
Reproduced with permission of the copyright owner. Further reproduction or distribution is prOhIbited withClut permission,
.,-.---..'-----.-----...<--. ...-....-"".--.-..---.....----
Abstract (Documenl Summary)
..,-,,,'_.---_.....~-,',,...~'..-_._~.,""'.,,'....._,_."...--"--,,--_.-.-_..
.,-,.~,.._....._,....-.._-_.._.,_..."~.-._".,'",,.._..-...-_... ....._,-..",.",,,..-,._... ,.
"We want representation at public-<>f!ice level 10 be reffective of Chula Vista's vlbrent communlly - not just peeple who
can efford to pay high-priced lawyers and consultants," said [Patty Chavez], whO was a stay-at-home mother before her
2005 appointment to fill a vacant councii seat
The clly's campaign-finance ordinance sets a fine of $6,000 per violation, or three times the amount that was not
reported properly, whichever is greeter. [John Wat] said Chavez committed 20 separate violations between the June
primary and November runoff election and therefore "is liable for the greater fine of $1 00,000." Witt said each time
Chavez failed to notify the city cieri< and her four opponents in the primary equaled five counts.
Mayor Cheryl Cox said elected officials shOuld not be Involved in enforcing the ordinance beceuse they could "lalnt the
process." Cox said she had not seen the Ct~avez lawsuit.
Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited withOut permission.
8/14120072:20 PM
20f2
:ity councilman plead") Hot guilty to 15 charges I Felony perjury 18 amou..,
nltp.1I PY.t:l..")v'Plf"" .......~. "",.VVu... .....-._~e>-- --~. ...
52
City cou~pllman pleads not guilty to 15 charges I Felony perjury is among
allegatlqns
[tv' EditiQIlJ
The$iffi Diego Union" Tribune - San Diego, Calif,
Author: Tanya Mannes
Opt,,; Jul 6, 2007
$larIPage: S,1
Section: LOCAL
Text Word Count: 679
Document Text
CHULA VISTA -- City Counciiman Steve Castaneda, who once calied himself lhe victim of a "potlticai witch hunt" led by
Disltict Attomey Bonnie Dumanis, yesterday pleaded not guilty to felony perjury and other criminal Charges,
A county grand jury indicted Castaneda last week on 12 felony perjury counts, one felony count of preparing faise
documentary Elvkfence, and two misdemeanor counts of failing to report his income on stat&required economic
disclosure forms,
Prosecutor Patrick O'Toole, who heads the District Attomey's Public Integrity Unit, sought the indictment. It waS sealed
until Castaneda's arraignment yesterday in San Diego Superior Couri,
O'Toole said outside the courtroom that the felony charges relate to "numerous, separate lies" Castaneda aliegedly told
the grand jury during sworn testimony June 28, 2006; Oct. 16,2006; and Nov, 3, 2006,
"When you come Into the grand jury and raise your hand and swear to tell the truth, you have to tell the truth," O'Toole
said,
The two misdemeanor counts concern Castaneda's failure to report income from a 2005 land sale on his financial
disclosure forms, which are required by the state Political Reform Act Castaneda purchased a vacant lot at 40 L S1. in
Chula Vista with resident Henry Barros, and they sold the land live months later,
Castaneda didn't report the $30,000 he received from the sale until after "he was caught by the media:' O'Toole said,
adding that "transparency and full disclosure" are vital to the democratic procass,
If Castaneda were convicted on all counts and received the maximum possible penalty, he would spend 52 years in
plison. However, O'Toole said a S6rltence in this case would "realistically" be much lighter.
Castaneda, 47, left without speaking to tha media,
His attorney, Marc Carlos, said, "Mr. Castaneda asserts his innocence and he will fight this case,"
Castaneda hes been vocal about O'Toole's Investigations, which he called a tactic to pressure him to resign, He
contended that Dumanis conspired with Chula Vista Mayor Cheryl Cox, his rival in the 2006 mayoral primary.
O'Toole emphasiz.ed that his office Is nonpariisan and said, "Nothing was done to hurt him politically," O'Toole said his
investigations began after Castaneda's unsuf,Cessful run for mayor in June 2006,
The perjury counts, unrelated to the land deal with Barros, concem Castaneda's sworn testimony about his tenancy in
the SUnbow Villas condo conversion,
O'Toole was investlgeting whether Castaneda, who voted on the Sunbow conversion, received a benefll from living
there as a resu~ of his vote,
Castaneda rented a Sunbow apartment for about 11 months, O'Toole believes Castaneda intended to buy a condo--
although he didn1 ultimately -then lied about his intention,
The IndiCtment alleges that Castaneda lied when he said, "I was not planning to buy a condo there: It also alleges that
Castaneda lied when he said, " '" when I rented the apartment, I was toid that I would not be eligible for any banefit or
any relocation faes or anything:
Castaneda has said he did not receive any relocation money when he moved.
Carios said his client is "baing charged for things he supposedly thought about doing,"
''What we have here is a politically chargad accusation that doesn't mean very much," the lawyer said.
O'Toole has often talked publicly about the Imponanee of respacting the grand jury process, In March he secured an
indictment of Jason Moore, an aide to former Chuta Vista Mayor Steve Padilla, on five felony parjury counts related to
lof2
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:ity councilman pleads not guilty to l5 chal'ges I Felony perjury is amOll...
52
http://pqasb.pqarchiver ,com/sandiego-sub/access/13U 1 USlU'} l.l\tml rolO,..
hiS grand jury testimony.
Under a plea deal, Moore later pleaded guilty to one count of contempt of court, a misdemeanor.
Castahe<la, whose term explles at tl1e end of 2008, can remain on the City Council pending the result of the court
proce$s, but under oIty rules wouid have to step down if convicted of a fetony or a crime involving "moral turpitude."
Online: To read the indictment against Steve Castaneda, go to uniontrib.comimore/castanedahldict
[illustration]
1 PIC; Caption; Prosecutor Pa\ri(:k O'Toote (right) spoke yesterday at the arraignment of Chula Vista City Councilman
Steve Castaneda (center). At left is Castaneda's attomey, Mate Carlos. [E.arnie Grafton I Union-Tribune]
Credit: STAFF WRITER
Reproduced with permIssion of the copyright ownef. Further reprOduction or distribution Is prohlbited without PElrmisslon.
Abstract (Document Summary)
-,.__..,......_~._.'"._"_._.,.,-,._,.,._--..--~-~~._~--_.---.--.--.,---..--
--.-....--..---.,.---....,..---.---...--...---'-"---
[Steve Castaneda] didn't report the $30,000 he received from the sale until after "he was caught by lhe media,"
O'[Tooie] said, eddlng that "transparency and full disclosure" are vital 10 the democratic process,
O'Toole emphasized that his office is nonpartisan and said, "Nothing was done to hurt him polltlcelly." O'Toole said his
Investigations began after Castaneda's unsuccessful run for mayor in June 2006.
The Indictment alleges that Castaneda lied when he said, "I was not planning to buy a condo there." It also allegas that
Castaneda lied when he said, " ... when I rented the apartment, I was told that I would not be eligible for any benefrt or
any relocation fees or anything."
Reproduced with permission of the copyright owner. Further reproduc.tiOr1 OJ distribution is prohibited without permission.
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200
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52A
Virtue club list is short - just ask Dumanis
1ie:l;!_IlI. @G!l...... _ @~_r_ (i~. --,_.....
UNION-TRIBUNE
July 11,2007
GERRY Given the behavior of some of our elected officials, it's
BRAUN nice to know that a few politicians in this town remain
pillars of moral rectitude.
Three, to be exact. Let's call them the Axis of Virtue.
They are San Diego Mayor Jerry Sanders, Sheriff Bill Kolender and
District Attorney Bonnie Dumanis. Each is beyond reproach,
whistle-clean.
Says who? District Attorney Bonnie Dumanis, that's who.
I learned of the Axis of Virtue only this week, when Dumanis and I
met for lunch. True, about 40 other people were in the room. But for
a short time, it felt like just the two of us.
Dumanis had invited the media to meet with her Public Integrity
Unit, which recently secured an indictment ofChula Vista
Councilman Steve Castaneda on charges of concealing income and
lying under oath.
Nobody loves public integrity more than I do, so I was happy to join
the party.
Not surprisingly, the members of the Public Integrity Unit didn't
want to talk much about the details of their work. They like secrecy
so much that, although the unit formed 13 months ago, the public
wasn't told until March.
Give Dumanis credit for making this work a priority. Ferreting out
public corruption is a serious business that can make lifelong
enemies of powerful people.
Her predecessor, Paul Pfingst, did little along these lines, perhaps
heeding the lesson of his own predecessor, Ed Miller, who
prosecuted Mayor Roger Hedgecock for election code violations.
52A
radio gig from which Hedgecock would help to drive Miller from
office a decade later.
Ever diplomatic, Pfingst once tried to get the state attorney general
to take over a case against a public official by saying it would be
improper for him to prosecute a campaign contributor. I suspect
contributions came rolling in after that.
Anyway, getting back to the Axis of Virtue.
Early in our lunch, we learned that Dumanis does not want anyone
to think political considerations influence the Public Integrity Unit.
For that reason, she has sworn off endorsing fellow politicians, or
seeking their endorsements.
At which point a certain columnist recalled that, just three weeks
ago, Dumanis stood behind Mayor Sanders as he declared himself
innocent of wrongdoing in his mishandling of the Sunroad issue.
So I meekly raised my hand and asked Dumanis why, if she feels
that endorsements send the wrong message, she endorsed Sanders'
honesty in the middle of a political crisis.
"Jerry is somebody I have known for about 14 years," she said, "and
if any investigation was to come to this office regarding Jerry
Sanders it would have to go to the Attorney General's Office. So I
felt comfortable standing up and vouching for the integrity of Jerry
Sanders. "
She added: "I would stand with him today, and I would stand with
him anytime."
It struck me that a statement like that is much better than a simple
campaign endorsement. I'll be shocked if it doesn't appear on a
Sanders mail piece next year. By reprinting it here, in fact, I'm
probably doing more to help his re-election than all the public-
relations wizards on his office payrolL
Next I asked if Dumanis' effusive regard for Sanders would also
prevent her from investigating his staff, for fear that the public
would doubt the sincerity of her prosecution.
Durnanis said she'd prosecute his underlings - "unless it was
somebody who might be in his inner circle. I think that would go to
the Attorney General's Office."
52A
How big is that inner circle, ] wondered? I'd guess it's bigger today
than it was last week.
Though fearful of monopolizing the lunch,] pressed on: Were there
other public officials whom Dumanis holds in the same high regard?
"] hold a lot of people in regard," she said, "but] don't know. . . that
] wouldn't want to do their investigation."
She thought a while. "Probably Kolender. ] wouldn't do an
investigation of him."
] shouldn't have been surprised to hear the sheriff's name, given his
emeritus role as the county's Godfather of Law Enforcement.
Yet upon reflection, the "probably" should have sparked my
curiosity. Does Dumanis know something about Kolender that
prompted this momentary hesitation?
Oblivious, ] continued: Does anyone on the Board of Supervisors
warrant such esteem?
"No," Dumanis answered crisply.
Her tone told me there were no more Get Out Of Prosecution Free
cards available.
After lunch, Dumanis approached me with a follow-up thought: She
hoped] would not misconstrue her comment about the county
supervisors - who, incidentally, approve her office's budget - as a
disparagement of their honesty.
] assured her] would not.
After all, the Axis of Virtue is an exclusive club: Sanders, Kolender
and, of course, its gatekeeper, Dumanis herself.
The rest of us can only stand outside and hope that, someday, we
might be worthy of admittance.
.Gerry Braun: (619) 542-4563; !!errv.braunlaluniontrib.com
53
SUB -DiD
FOR COuRl" USE ON!. V
PARTY" WlTl1QIJT ATTORNE,V (NBf1Hj, sum DBr null1/nlr. (100 Otl~J;
on S. MOO1' , SaN 10606
Wertz McPade Wallace Moot & Brower
945 fourth Avenue
San Diego, C$lito.rnia 92101
me,"o.~.o.' 619-233-1000 ",,,"0./""""''''. 619-696.9416
.....,,_....\""""'" jmoo1:!!lwert"fficdac!e. com
ATTOI'l.EV~OO'.'""J' Patricia Davis, Patricia Chavez, Kevin
SupeRIOR couRt' OF CJ\UFORNIA, COUNlY OF $,.0 Diego
sml!l!l""""E..' 500 Thh'd Avenue
MA!}.lfllG ADDRESS:
CllYA.DZIl'OQD~ Chul$ vista, California 91910
._..""""', SO).l1;I1~,___.
PLAINTIPFiPIrtI1'IONER' patricia Oa"is, l?atriCia Chav,~z,
Kevin O'Neil, Marshall compton
OEFENDANTIi<ESPONOENT: Micnelle Townsend, et ai.
DEPOSITION SUBPOENA
FOR PRODUCTION OF BUSINESS RECORDS
CAGE NUMBER;
31-2007-0063119-CU-WM-S
TH E PEOI'LI! 01' THESTA Tl! OF CALIFORNIA, TO (name. address. and telephone number of deponent. If known):
William Baber, Treasurer, Chula Vistans for COllll1Iuni.ty !.npl1t, 8130 La Mesa
BOl1levard, Sl1ite 202, La Mesa, California 91.941, 619-690-4333.
1, YOU ARE ORDERED TO f'ROOUCE Tl-!E 15USIN~S RIiCORDll cll!ll<;rlbed In Item 3, a~ folloWS:
T~me ofdeposilion OffICer): June,' s Attorney Ser"i ce
On (date): July 26, 2007 At (time): 9: 00 a.m.
LoOatlon (aad/lil$s): 6130 La, Mesa. Bou1eva.rcl. Suite 202,_ 1,a Mesa California, 91941
00 not release the requll&llld ",com to the depO$itioll om~r prior to tI'Hl date alld time stated above,
.- .
s, r '-1 by delivering a tnJe.llilgible. and durable copy of the busineSS records described in Ilem 3, enclosed In a seallKi Inne,
wrapperwilh the title and number oftlla actlO11, name ofwlllle.s, and date of sMbpoena cleartywritlen on n, The inner
wrapper shalll11en be enclOSed In an outer envelope or wrapper, sealed, and mailed 10 the deposition offiCer al the
address in item 1,
b, D by dellvenng a trUe, legible, and durable CDPY olthe businss& records dMerlbed in item 3 [0 tile deposition afflcer at the
wUness's address, On fIlOl!ipt of payment in ""sh Of by check of the reasonable costs of prepenng the copy, .. determined
under Evldence Code $eotion , 663(b},
C, []J by making the original business records desMbed In Ilem 3 awTIable ror inSPlilction at your business add,ess by the
allomey's reprelientliltive and pe<millill9 copying at your business address und'" ressonable conditions during normal
business haurs,
l, TMl reoords are to be PfOduCild by lI1a dete end time shown In Itam i (but not sooner tllan 20 oays aller the 1.$ueMa of the
depasirion Ilubp06ns, or 15 days afIBr SIlIYI.a, whlchawf date i. latar), R.e$Oflllble oosts of locating records, makittg them
av.I'able IJfccPylng them. end postllPE\, If any, are lllaovB/'llbl. as....r fOrth In Evid&nr.e Oode sool/on 15!i3(1)), The ...Cords she/l be
accompanied by an atlidavit of 111. C<Jlf/OCIlan or Illl1er qualmed wIlMes j)ulllUant to !:vldence Code $ecUon 1561,
3, The rGoonl5to be praduced are de5crlbed as follows: See ^-,;tachmel1t 3,
ClD Continued on Attaohment 3,
4, IF YOU HAVE BEEN SERVeD WITH THIS SUBPOENA AS A CUSTOOIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF CIVIL PROCEDURE SECtiON 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS ElEEN
SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARnSS, WITNI!SSES, AND coNSUMER OR EMPI.OYEE
AFFECTEP Must BE OBTAINED BEfORE YOU ARE RIliQUIRED to PRODUCE CONSUMER Oft EMPI.OYEE RECORDS.
DISOBEDIENce OF THIS SUBPOENA MAY !!IE PlJNIStiED Afl CONTEMPT BY THIS COURT, YOU WILL ALSO BE UABLE
FOR nIl?: SUM OF FIVE HUNDRED DOLLARS AND Al.L DAMAGES RESULTING I' OM YOUR FAILURE TO OBEY"
Dete issued: July 9, 2007
,lg)'ln S_ !IIOO1:
rrvPE oR PRlMT mMEl
..
a1M'.2
COCkIclCi'llllll'rlMl8Clu<<l,H2il2Q:'i1o-lo2C.44tl.
eM! CadI!. ~ 1!it1l}(8),
GlWl!I'r'l1l'll'l1'ol cudt\ l8B0Q7 1
POl'ft1 AUoptoQ fw Mandllt'fl UP
JIi$GllOlC~oIClllMtlfniD
t1UUl"4l10 I""" Jllnu8l)' 'l. l/lW71
(PIVDf of iteNice on
DEPOSITION SUBPOENA FOR PRODUCTIONS
OF BUSINESS RECORDS
-- - --~ ----
-------~------
L ?'-~WTIFF'?ETiTIONER: Pat.rioi", Davis, Patricia Chavez,
I :<evin 6' Neil ( Ma;rshall COltlptl,n
i Q~FtNDANTIRES~OND~N", Michel.le T"wll""nct, ,,1: al.
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR
PRODUCTION OF BUSINESS RECORDS
__'__o
SUBP.1l10
CASE NUMIl~
37-2007-0063119-cn-WM-S
1. I served this Ooposlt/en Subpoena lor F'mduotiDn of BUB/MSS Records by pel'llonally delivering a copy to the person served
as follow$:
a. Person seNe(i (name):
1>. Allures. wnere s/llrved:
C. Date Of deHvery:
d. Time of delivery:
e. (1) c-1 Wl!ness fees w..re paid
Amount: . . $ ___
(2) -....; Copying fees were patd,
,~mount: . $ __.__
f Fee for se",lce. . . .
..... .$
2. I received this sul>poena for service on (date):
3. P~f$Qn ~enling:
e, C .I Not a legiatered California process s6rver.
b. 0 ~Iifomi. sheriff or me...hal.
c. 0 Registered California proCllSS .erver.
d. n Employa& or independent COntractor of a registered California process .arver.
e. D Exempt from registratlon under Business and Professions Code section 22350(b).
f. 0 ~agi5tered professional pholllcopier.
g. 0 Exerop! from registration under Bus!n..s and Professions Code section 22451.
h. Nama, addre.., telephone numl>er, afld, If applicable, oounty of registraUon and number:
I declare under penalty of perjury under the laws of me State of
California that the foregoing is true and corre~,
(For California sheriff or ma...11a1 U$e only)
I certify lhat the fore90ing Is true and correct.
Dal$:
Date:
.
..
iSIGNATtJR1!)
{lUGNP\TURE:}
sIJap-mOfRo\o JSnUlliy 1. :!OO?)
Pagtl:lo12
PROOF OF Se~VICE OF
DEPOSITION SUBPOeNA FOR PRODUCTION
OF BUSINIi:SS RECORDS
nr-ONo,t 14'" f,O\1I-
53
DOCUMENTS TO BE PRODllCED BY wn.LIAM BABER
PURSUANT TO DEPOSITION SUBPOENA FOR
PRODUCTlON OF BUSINESS RECORDS
] , Copies of any and all checks andlor writt.en records for monies received by the Treasurer
for Chula Vistllns for Commllnity Input ("CVCP')fi'om October 15,2006 to the present.
2. Copies of any and all checks provided to William Baber as 1'l'el\slln".f for Chula Vistans
for Community Input from either Earl Jentz, Karen Jentz, or Balboa Realty.
3. Copies of any 1l11d aU checks or other written documentation evidencing payments made
by Chula Vistans for Community Input to the La Jolla Group.
4. Copies of any and all contracts, agreements, letters, correspondence, emails" or other
docurnenllltion evidencing wy agreemel1tbetween Chula Vistll11S for Community Input and the
La Jolla Group for purposes of work performed by the La Jolla Group for Chula Vistans fOt
Comm!1l1ity Inpm.
5. Copies of any and aU con1l'llcts, agreements, letters. correspondence, emllils, or other
documentation evidencing any agreement berween Chula VistllllS for Community Input and the
Campaign Services (10326 Park AVCllue, Santee, Calif(lrnia 92071) for purposes of work
pel1brmed by tne Campaign Services ft!' Chum Vistllns fot Community InpUt.
6. Copies of any and all checks written by Chula Vistans for CommunIty Input and/or Earl
Jentz, Karen Jentz or Balboa Realty to La hens-a Sail Diego.
7. Copies of any and all cheeks written to Earl Jentz, Karen Jentz, Balboa Realty and/or to
Publica Press (P.O. 8m' 2475, Spring Valley, California 91975).
8. Copies of any and all documents, flyers, advertisements, and/or other written materials
prepared by Publica Press and/or Campaign Services.
9. Copies of any and all correspondence, emaHs or memorandum of any communication to
you regarding or relating to The Petition For Submission To VoteTS Through Protection Of
General Plan For Voter Approval Of Certain Changes And Designation Of Height Limits in the
City of Cb.ula Vista ("The Petition"}
1 1 84598v1l573I_J
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mscript sheds light on Castaneda lIlvcsnganon - l::HeU,..IUL>"lLi.lJ'''''b~''''~m
54
Transcript sheds light on Castaneda inli'&stigation
[S,F,R Ediffon]
The San Diego Union. Tribune.. Sen Diego, Caiil.
Author: Tanya Mannes
Date: Jul 21, 2007
Start Page: B.4
SectIOn: LOCAL
Text Word Count: 435
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Document Text
Editions very
CHULA VISTA.. prosecutor Patrick O'Toole spent a year investigating whether Chula Vista City Councilman Steve
Castaneda used his office to receive special treatment whiie he was renting an apartment in Sunbow Vilies, a complex
that was being converted to condominiums.
O'Toole found no evidence that Castaneda committed a crime.
But O'Tooie, who heads the District Attorney's Public Integnty Unit, secured a grand jury indictment 01 Castaneda on
perjury charges lor allegedly lying about whether he thought about buying one 01 the sunbow condominiums.
On JUly 5, Castaneda pleaded not guilty to 13 lelony perjury counts and two unrelated misdemeanor counts related to
omissions on his economic Interest statements, which all elected officials must file.
Details 01 O'Toole's Investigation came to iight yesterday, when the 1,2OQ-pege grand jury transcnpt was unsealed.
The perjury charges stem lrom when Castaneda answered "no" when asked several times during sworn testimony il he
had thought about buying a condominium.
At least one wilness testified that Castaneda asked about the pnce of a condominium, according to the transcnpt.
O'Toole said he believes that indicates Castaneda wanted to buy one, even though he didn't ultimately do so.
In seeking the indictment, O'Toole told the grand jury that he looked into.. and ruled out .... allegaDons that Castaneda
did favors for the Sun bow developer, Ashok tsrarli.
ReSpOnding to a question from one of the grand jurors, O'Toole said, "I'll go right out here and say it: I do not have
evidence that Mr. Castaneda lived there free and then gave official benefits lor doing that or anything like that."
O'Toole told the grand jury that the charges are not related to Castaneda's residency, but about "lying about the lacts"
dunng an Investigation.
Castaneda's apartment In Sunbow Villas became a political issue leading up to the June 2.006 primary, with some
tenants blaming him for holding up the condo conversion. Castaneda was running for mayor, challenging then-Mayor
Steve Padilla.
The City Council questioned whether Castaneda's tenancy created a r.onfllct 01 interest. At the tima, Castaneda
accused Padilla of setting hitTlllp by convincing Israni 10 make him eligible for relocation benefits.
At the cily's request, state Attorney General Bill Lockyer welghad in on the issue, Lockyer Issued an opinion In August
2006 in which he cleared Castaneda 01 having a conflict of Interest.
Castaneda's attomey, Mate Carlos, said the grand jury transcript bolsters his delense because O'Toole acknowledged
no crime was committed.
''There's a huge issue 01 matenality; Carlos said. "Mr. O'Toole is trying to charge Mr. Castaneda lor things he thought
about that were legal anyway."
Credit: STAFF WRITER
Reproduced with permiSsion of the copylight owner. Further reproduction or distribution is prohibited wUhout permission.
Abstract (Document Summary)
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1 of2 8/16/20071:11 PM
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55
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August 3, 2007
Ann Moore
Cit)' Attorney, City of Chula Vista
276 Fourth A venue
Chula Vista, Califorma 9191 0
Susan Bigelow
City Clerk, City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Re: California Public Records Act Request re ProDosition C Charter Amendme.nt
Dear Ms. Moore and Ms. Bigelow
Please let this letter constitute a request pursuant 10 the California Public Records Act,
California Government Code Section 6250, et seq., and specifically, Section 6253, for cC11ain
public records identified herein.
Our finn has been retained by a c.lient to examine whether the Proposition C Charter
Amendment is in conflict with the stale's general law. California Constitution Article Xl,
Section 7, allows cities and cOW1ties to enact and enforce local ordinances so long as they are not
on conflict with the state's general law. A conflicting ordinance is preempted by state law and
thus void.
Recently, the California Supreme Court in 0 'Connell v. City of Stockton (2007) WL
2127704 (Cal.) addressed the issue of preemption striking down two local ordinances which
were preempted by specific state laws. ln light of this recent decision of the California Supreme
Court initiated by a city tax payer seeking declaratory and injunctive relief, I would like to
review cel1ain public rec.ords with respect to the Proposition C. Specifically, I would like to look
at the actual Proposition which was submitted and voted on as well as how it has been codified
into law. Additionally, I would like to look at all memoranda and supporting docwnentation
provided to either the Mayor, City Council, Cit)' Manager, Planning Directory or Head of
Community Development, which discusses the legality of and/or implementation of Proposition
C including whether or not Proposition C might be preempted by state law and/or Article Xl,
Section 7 of the Califomia Constitution, and/or not legally binding on the Chula Vista
Redevelopment Agency. This should include, but not be limited to, any agenda packet(s)
provided to the Councilor Redevelopment Agency as well as any letters or memoranda which
address the legality of or implementation of Proposition C either from any private attorneys who
submitted letters or memoranda offering a legal opinion with respect 10 Proposition C or
.
! 445 F(lurtn .~\'en\.l€:, SoJn Diego, C<l\iinrni" 92101
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Anl1 Moore
Susan Bigelow
August 3, 2007
Page 2
mem<lr'Ulda by legal counsel for the City of Chula Vista. To the extent that the City Attorney's
office prepared any memoranda as to whether Proposition C was legal or pre.ernpted by state law,
or not binding on the Chula Vista Redevelopmel1t Agency, such memor3l1da is also requested.
To the extent that any legal opinions or memoranda prepared by the City Attorney is not
produced under all attorney-client privilege, I would request that the lUlder the applicable
provisions of the Brown Act, you present this request to tbe Mayor and Council and ask that they
waive lhe attorney-client privilege for such memoranda. Proposition C was enacted in 2006 and
tberefore releasing such memoranda would not divulge or expose any legal strategy that might
affect tbe outcome of any vote on Proposition C. At this point and time, especially in light oftbe
O'Connell decision, and the seemingly clear precedent set forth ill Wilson and Beville (1957) 47
Cal.2d 852, 859-8601, the public interest in determining whether certain city ordinances or laws
may violate the Califomia Constitution and be preempted by state law would outweigh the need
to eontinue to keep secret any information that might be useful in analyzing if Proposition C
violates the California State Constitution.
If there are any other documents or memoranda not specifically requested in this letter,
but which with a reasonable and diligent search could be located which touch on or address
whether Proposition C is or is not legal and/or preempted by state law, I would ask that these be
made available as well. I would like to make all appointment to come down and review any of
the responsive documents to this request and will tender payment for any docwnents which I
would like to have copied as part of this firm's legal review of the matter.
If you have any question please do nol hesitate to give me a call.
cc: David Garcia, City Manager
Very truly ours,
S.~
1 In Wilson, the Califol11ia Supreme Court held that a city charter carmot create a shorter
statute of limitations for eminent domain proceedings and struck down the portion of the charter
that attempted to do so as violating Article XI, Section 7 of the California Constitution The
California Supreme Court in its opinion stated "The exercise of the power of eminent domairl is a
matter of state wide concern) not a municipal affair, which cannot be abrogated by a
municipality; it must be exercised in accordance with state law.'! Id. at p. 859.
B
WERTZ. McDADE WALL."C~ MOOT BROWER, APC
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LA.t'\lY!:::J~~
56
57
http://chulavista.granicus.com/Viewpublisher.php?view_id=2v
August 14th Meeting - Item 16
~-
58
i! s:rJ"l. MM<
EVENT DETAILS ~
Lcogiil
Community> Eve-'1t Del:.1lils
)r Events
Chula Vista Mixer & Fundraiser
Wed Oct 24, 2007 5t30 PM
Lincoln Club of San Diego County
Chula Vista Mixer & Fundraiser
October 24, 2007 - 5:30 to 8 PM
Chula Vista Mixer &: Fundraiser
Please jOln Lincoln Oub Members and special guests Ch:ula Vista
Mayor Cheryl Cox and Chula Vista Councilman and State
Assembly District 78 Candidate John McCann. Hosted by Lincoln
Club ""'embers Dan Hom. Jim Pieri, arid Kevin OYNeHI.
Wed nesday I October 24
5:30-8:00 PM
MountalnWest Real Estate
333 H Street, Suite 6000
Chura Vista, CA 91910
Please RSVP by October 17 to Ashley Aluisi:
ashlev@sdlincolnclub ora.
Register Online Now!
Presented ~'''.
";""~
.Mi,.
, ,'vVEST
Ll
FoUowin~ the leadershi~ ~nd dit'&ti~n of founder Jim Pieri. MOUNTAfNWESTh15s
seen phenomenal Srowth in the last S years. With the opening of its new-est:
buildings, the Gateway Chula \ista ComplEX. MOUNTAlNWEST is prepared for the
fUbJre.
MOUNTAIN WEST Real Estate isa!lefmlting 2:5 years in commercial rea! estate.
From Its beglnning NDUNTAJNWEST has offered services in commercial ~ngJ
pr-operty and asset manag~t, and commercial construction management. The
focus for MOUNTAlNWEST development and lTiaNlgeiTle'nt in San Diego County b
primarily Within the South Say, North County, and San Diego Coastal areas.
Location; MountaJnWesf; Real Estate
~!~
-t-
~
CITY Of
CHUA VISTA
:: Protecting Chula
Vista's Future::
Lincoln Club goats incfude...
.. Support fiscally
~sponslble, pro-economic
candidates for Chula Vista
City CDuncf/
'" Influence the 7/itth
Assembly campaIgn
'" Continue its advocacy
efforts In ,support of the
Gaylord Convention
Center project
'" Playa leadin9 rOle In the
effort to defeat a local anti-
<Ievelopment in!tiatlve'~
a measure to create
an ~ City Attorney
<!to-
1lI--
CotltactA.dministratot
Lincoln Club
~.lrSPDFl
ClI&lnnan
Mike-Turk
Vk:;e~Chaln;
Steve Francis
&11 Lynch
01,"""",
AIel': Barton
Linden Blue
Fred Borrelli
Karen Boudreau
John Campbell
GMdoo Carrier
Ami CUne
Perry Dealy
Jtm FiUpatrick
Mindy Fletcher
Bob Hau.m
ttourosh Hangl!lfarin
Robert Hert:zka, M..O.
Dan Horn
Nary Humphrey
GUy larmw:zl
Bryan Min
Edward Mracek
Michael. Pattlmon
Ooui5ein
Steve- Wl1liams
JuUt Ueier WriBflt
Put Chairmen
Larry Richman
D.....Roth
A!l.an Royste-r
Bob Walldm
Executive DtrectDr
T.J. lane
rt1M~lincolndub.bf~
PDlitk.al Director
Joshua RarnIf1!Z
lmflu;lt4t<;rlHnrnlndub ern
Ewnb Coordinltcx"
As.ttIfyAluisi
xhl~"'linninnllb OIV
The Lincoln Club of San Dieoo
7EL: (c'.9~ 32: :9~1 i FA):"" (S~,E'
58
login
Board of Directors
"'-""'byC-
. P.O. Sox 12664 La ];oHa, tA 92039
. EHA.JL';
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~-.G<f-:: ~>nCCi:nC-L;:: .(;'9
Chula Vistll Municipal Code
59
~
1.08.010
Chapter 1.08
ClTY SEAL*
Sections:
1.08.010
Officiall1nd pictorial - Authorization
for commercial use required.
. For stlltmoryprovisions requiring that the city clcrk
be the custodian of the city seal, see Gov. Codc
940811.
1.08.010 Offi.cial and pictQrial-
Autnmization fQr ellmmercilll use
required.
A. The official seal ofthe city shall be circular,
shall have a diameter of a size appropriate for use
on official city documents, and having in the center
a design. described 3$ a sun ris.ing in the back-
ground over a grid pattern of city streets with a sail-
boat in San Diego Bay in the foreground and the
following inscription surrolmding the same:
CITY OF CHULA VISTA, CALIFORNIA.
B. The official logo of the city shall be of the
same approximate design as the official seal of the
city, 3$ adopted by the city council fTorn time to
time, and may be used on all documents pertaining
to the business of the city.
C- No person or pcrsons sha.1l use or allow to be
used any reproduction or facsimile or any pur-
ported reproductio.n or facsimile of the official seal
or official logo oftbe city, Or any other official seal,
logo, insignia, emblem,. or symbol of any city
agency, department, office, board, or commission
maliciously, or for any commercial purpose unless
previously authorized by the council. (Ord. 2278
~ 1, 1988; Oni J 208 9 1, 1969; prior code ~ 1.I 2).
1-7
60
Newspaper: UNION-TRIBUNE
Date: Sep 15, 2006
Day of Week: Friday
Edition: S
Section: LOCAL
Page: B-1
Length (in lines): 684
Headline: State lets Castaneda vote on condo bid I Conflict of interest in measure called 'remote'
Byline: Tanya Mannes
Credit: STAFF WRITER
Town: CHULA VISTA
Keywords: CALIFORNIA. CHULA VISTA. ELECTIONS. ETHICS. HOUSING. LAW. PROBES.
[Go To Best Hit]
CHULA VISTA -- The state attorney general has weighed in on a
controversy involving Councilman Steve Castaneda, who lived in
an apartment complex while the owners sought council approval to
convert the buildings to condominiums.
A final vote on the condominium conversion for Sunbow Villas, at
750 East Naples Court, was originally scheduled for March 14.
The council postponed it to allow for an investigation into
whether Castaneda had a conflict of interest and, if so, whether
that conflict would prevent other council members from voting on
the project.
Attorney General Bill Lockyer's op1n10n on the matter, issued
Aug. 25, states that a council member's tenancy in a complex is
a "remote interest" that shouldn't prohibit the City Council
from voting on an issue affecting the complex.
Lockyer states that the council "may execute the subdivision
improvement agreement while one of its members is a tenant" as
long as the landlord-tenant relationship is disclosed. Further,
the council member can receive general relocation benefits as
long as the council member doesn't vote on the agreement, he
states.
Castaneda said in an interview that he felt vindicated by
Lockyer's opinion.
60
"The attorney general just corroborated what I knew all along
that I did nothing wrong," he said. "I have a right, the same as
any other citizen of Chula Vista, to rent an apartment."
The conversion delay became an emotionally charged issue leading
to the June 6 mayoral primary as buyers blamed Castaneda for
holding up their purchase of the homes when he moved into the
complex.
Castaneda was running for mayor against the incumbent, Steve
Padilla.
Castaneda has publicly blamed Padilla for the Sunbow conversion
delay, alleging that the mayor orchestrated the conflict-of-
interest probe as a political move.
In the election Padilla placed second, qualifying him for the
runoff election Nov. 7; Castaneda came in third.
Padilla and Castaneda had battled over whether the council could
vote on the condo conversion. Under certain conditions of the
state government code, if one council member stands to benefit
from a vote, other members are prohibited from voting on it.
City Attorney
Lockyer.
Ann Moore requested the outside opinion from
At issue was a $1,000 relocation allowance for tenants of
Sunbow, which has 202 apartments. Castaneda said he moved into
the complex too late to receive the $1,000, under the original
version of the conversion agreement.
The council voted in March 2005 on tentative approval of the
condo conversion, which was before Castaneda had moved in. He
said Padilla's office later revised the agreement. Castaneda
said the change extended the $1,000 moving allowance to all
tenants, including himself - thereby creating a conflict of
interest for him and triggering the inquiry by the city
attorney.
60
Padilla denied the accusation that he orchestrated the condo
conversion delay, answering "absolutely not" when asked whether
his office changed relocation benefit terms.
"I think there was a difference of opinion as to what the
tentative map conditions were at the time it was approved,"
Padilla said. "My office worked with the city attorney and
planning and building on behalf of residents at the time to get
some assurance they would get their benefit."
Castaneda provided copies of internal city e-mails regarding
Sunbow. The documents indicate that a city staff member
complained to a supervisor that the mayor's office was getting
overly involved in negotiating the Sunbow condo conversion
agreement. The e-mails were exchanged in November and December
2005, after the initial vote and a few months after Castaneda
had moved in.
Padilla declined to comment on the e-mails, saying he wasn't
aware of them. Castaneda, who lived 11 months in Sunbow Villas,
said he never sought or received relocation money.
"It's very sad that the property owner and the citizens who
bought homes were dragged through this delay needlessly," he
said.
In the meantime, the company doing the conversion, Pacifica
Sunbow, sued the city over the delay. San Diego Superior Court
Judge William Cannon ruled July 19 that the project could
proceed because preliminary plans had already been approved, and
the council had missed a deadline for the final vote.
End-of-Story
61
voice of san
GOVERNMENT
Print Page I
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Horn's Trouble Started at Nordstrom Rack
How a shopping trip, afew meals and shoddy bookkeeping landed the county
supervisor on the radar of the state's campaignfinance watchdog.
By ROB DAVIS Voice Staff Writer
Thursday, Oct. 18, 2007 I With a televised campaign debate approaching, Supervisor Bill Horn
needed a suit to wear. His suits were either blue or gray, and his advisors wanted him in black. It
was June 2001, and Horn's 2002 reelection campaign was gearing up.
Late on a mild June afternoon, Horn went to
Nordstrom Rack in Mission Valley in search
of a discounted suit. He wanted something
cheap, he later told an investigator. He
settled on a $200 Kenneth Cole suit, size 50,
and a $90 pair of brown trousers.
He charged the garments to his American
Express and tucked away the receipt in an
envelope. The total bill came to $318.69.
Within a month, Horn's reelection committee
paid the credit card bill. Horn later submitted
the receipt to the committee and was again
reimbursed.
Not only had Horn's reelection campaign
paid for the suit, it had also reimbursed the
Republican supervisor directly for the same
suit. He ended up with a free new suit, a free
new pair of pants and an extra $318.69,
courtesy of campaign donors.
The shopping trip was among several
questionable expenditures that eventually
surfaced when the state Franchise Tax Board,
which collects taxes from residents and businesses, conducted a random audit of Horn's 2001
reelection campaign. Horn received double reimbursements for almost $1,200 in meals and
clothing. The audit revealed dozens of other accounting mistakes. Horn did not dispute most
mistakes, later blaming some on a stolen briefcase, others on sloppy bookkeeping, a job that he was
performing for his campaign.
But the audit was just the beginning of a string of troubles for Horn. When it was completed, the
Franchise Tax Board sent the concise four-page report to the Fair Political Practices Commission,
the state agency responsible for enforcing state campaign finance laws. An investigation was soon
launcl1ed.
The hundreds of documents the FPPC generated during its two-year-Iong inquiry offer a glimpse
into the case against the local supervisor, the multitude of mistakes Horn made and why he ended
up reimbursing the people of California for -- among other things -- a $140 meal at Ruth's Chris
61
Steak House.
The documents pull back the curtain on a murky side of campaign finance: How donations are
spent. Horn's donors replaced a tie he stained with egg during a campaign-related breakfast. They
paid for what he remembered as an $80 golf lesson designed to keep him, a non-golfer, from
looking foolish in a tournament.
The investigation ultimately led to a $12,851 fine against Horn for violating the state's Political
Reform Act, legislation designed to make political campaigns transparent. Though the settlement
with Horn included the fine, it was much less than an $80,000 penalty that had been threatened.
In the end, the FPPC case directly fined Horn just $851. His reelection campaign paid the $12,000
majority, as well as the bill for $41,000 in legal fees from a San Francisco election law firm.
Conflicted Interest
The first hints that Bill Horn was on the Fair Political Practices Commission's radar came in late
March 2006. Horn was in the midst of a bruising reelection campaign against former Assemblyman
Bruce Thompson.
Ian Trowbridge, a local activist, revealed that Horn had failed to disclose $349,000 in income from
his chief of staff, Joan Wonsley. She gave the supervisor -- her boss -- the money as a down payment
on a Carlsbad home he owned. At the same time, Horn had increased Wonsley's salary 45 percent
between 2000 and 2005, putting it on par with other supervisors' chiefs of staff.
While county ordinances required Horn to make salary decisions regarding Wonsley, state law also
required him in annual conflict-of-interest statements to disclose the money Wonsley had given
him. The disclosures are mandated by state law, a tool designed to insure that politicians don't make
decisions from which they can benefit financially.
When media outlets began reporting on the Horn-Wonsley connection, Trowbridge told reporters
that he'd filed complaints with the Fair Political Practices Commission. Trowbridge sent two
complaints to the commission -- among five it received about Horn between 2005 and 2006.
What neither Trowbridge nor the public knew then: Horn was already under investigation and had
been for more than a year. In fact, an FPPC accounting specialist had interviewed Horn two months
earlier regarding the campaign audit.
That interview took place in January 2006. Six months after the Franchise Tax Board audit landed
on his desk, FPPC accounting specialist Bob Perna flew from Sacramento to San Diego to talk to
Horn. The supervisor cleared his calendar for the day.
Perna showed up in Horn's third-floor bay-front county office at 10 a.m., speaking simultaneously
with Horn and Wonsley. Back then, the Horn-Wonsley housing connection had not yet been
uncovered. Perna focused only on the irregularities in Horn's 2001 campaign: The questionable
expenses and double reimbursements.
The interview summary and details in the FPPC's investigative me offer a window into a rarely seen
aspect of campaign finance.
Look at a campaign's quarterly reports and you should find the name, employer and title for donors.
But how that money is used -- and what constitutes a campaign-related expense -- is murkier.
Example: Horn spent $43.85 in campaign funds on a new tie, despite state prohibitions against
buying clothing. He told Perna that he was in Sacramento meeting with members of the Legislature,
hoping to get endorsements. At breakfast with legislators, Horn spilled egg on his tie. So he went to
a store across the street from the capital called Vanini European Tailor and snagged a new one.
Example: Horn spent $80 on golf. He told the investigator he may have paid for someone else's
round, or "maybe he was practicing for a tournament so he would not embarrass himself because he
does not play golf."
Anyone studying Horn's campaign finance disclosures would not have seen the items, only an
American Express bill.
61
Making things murkier: The FPPC said Horn didn't disclose all the required information from his
donors. His finance records didn't provide full information -- including their employers or
occupations -- for 37 donors. In an early draft of a settlement offer to Horn, the FPPC dubbed his
errors "abundant and serious," threatening an $80,000 fine.
At the end of his three-hour interview with Perna, Horn apologized for his sloppy bookkeeping.
"Before the audit they did not pay any attention to the State [campaign finance] rules because they
have such restrictive County rules it was all they really paid attention to," Perna wrote in his
interview summary.
Two years later, those state finance rules would cost Horn more than $12,000.
Whittling Down
When the Fair Political Practices Commission first threatened to fine Horn, the tab was $80,000 for
20 counts.
Horn responded in November 2006 through his San Francisco-based attorney, Kevin Heneghan.
The attorney characterized Horn's mistakes as inadvertent and the FPPC's proposed fines as
excessive, accusing the FPPC of being "inflammatory." But he did not dispute many ofthe FPPC's
findings, such as Horn's Nordstrom Rack trip or his lack of disclosure on his conflict-of-interest
statements.
The two sides did argue about the Horn-Wonsley connection. The two had signed agreements
agreeing to share ownership of their Carlsbad home. The FPPC requested the documents, which
Horn had refused to release to the media. His attorney fretted that the FPPC would allow them to
become a public record.
Horn's attorney finally sent the documents -- with conditions. The FPPC had to agree never to
release them. The state agency was also prohibited from making photocopies of the agreements.
The FPPC attorney who received the documents refused the conditions. "If we are unable to settle
this matter, please note that the FPPC may subpoena the Agreement," the state attorney replied. He
returned the agreements without photocopying them.
But during the next few months, Horn's attorney and the FPPC worked toward a settlement and
Horn ultimately signed it in July 2007. His campaign had to pay $12,000 and he had to write an
$851 check to the state's general fund, a reimbursement for nine meals he ate in early 2002 for
which his campaign had improperly reimbursed him.
In the settlement, Horn acknowledged that he had failed to disclose the $349,000 payment from his
chief of staff and rental income from tenants of an Escondido apartment he owned. He agreed to
four charges related to the campaign audit and its shoddy bookkeeping.
The settlement made no mention of Horn's Nordstrom suit or his brown trousers.
Though the shopping trip had been included in the list of violations the FPPC initially lodged
against Horn, it and 13 other violations were left out of the settlement -- a process that happened
behind closed doors.
Roman Porter, the FPPC's spokesman, would not comment specifically on the settlement, but said
the commission tries to settle cases without having to take officials to court, a potentially lengthy
process.
"We try to strike a balance between providing full disclosure to the public and having a punitive
penalty," Porter said, "with an effort to have full disclosure as soon as possible."
Bob Stern, a former FPPC attorney and president of the Los Angeles-based Center for Governmental
Studies, said the Horn settlement -- and the elimination of the other charges -- was common.
"This is very normal," Stern said. "The $12,000 is still a lot of money. It's a significant fine. They
always have a lot more violations. That's what the settlement is all about."
61
Horn no longer works as his own treasurer, having hired an Encinitas firm to do the work.
"The apology was to get and hire professionals to do it," said Wonsley, his chief of staff. "The best
way to acknowledge it is to correct it, and he's done that."
Please contact Rob Davis directly with your thoughts, ideas, personal stories or tips. Or send a
letter to the editor.
Close Window
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~~~1;;"
ow Of
CHUlA VlSfA
OFFICE OF THE CITY ATTORNEY
October 30, 2007
By electronic mail and U.S. mail
Peter Watry
81 Second Avenue
Chula Vista, CA 91910
Dear Mr. Watry:
This letter is sent to you in response to your letter dated October 18, 2007 to Deputy City
Attorney Michael Shirey regarding use of the City of Chula Vista's seal and logo. You
inquired about an advertisement for a Lincoln Club of San Diego event scheduled for
October 24, 2007 that used the City's logo. You also requested information on use of the
logo.
For your information, use of the City's seal and logo is governed Chula Vista Municipal
Code section 1.08.01O(C), which states: "No person or persons shall use or allow to be
used any reproduction or facsimile of the official seal or official logo of the city, or any
other official seal, logo, insignia, emblem, or symbol of any city agency, department,
office, board, or commission maliciously, or for any commercial purpose unless
previously authorized by the council." By Council Policy 100-01, dated August 6, 1985,
the City Council has authorized use of the City's seal and logo for specific limited
purposes. A copy of that Council Policy is attached to this letter for reference.
The Lincoln Club has been notified of these City provisions, and has been asked to
remove the City's logo from the Club's website and to refrain from using it in the future.
A copy ofthat correspondence with the Lincoln Club is attached. Please let me know if!
can be of additional assistance.
Thank you.
0... ~
Ann Moore
City Attorney
Attachment
AM:cap
276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910. (619) 691'5037' FAX (619) 409-5823
Ii} I'oat.eo......mo.'RecydllclPBpe'
62
~~~
~~~~
~~~~
C1lY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
BY ELECTRONIC MAIL AND U.S. MAIL
October 30, 2007
TJ. Zane
Executive Director
The Lincoln Club of San Diego
P.O. Box 12664
La Jolla, CA 92039
Dear TJ. Zane;
It has come to our attention that the Lincoln Club has been using the City of Chula
Vista's official logo on its website to advertise an event that was scheduled for October
24, 2007. We understand by your e-mail that you have agreed to remove the logo from
your website this week. We thank you for your prompt response, and ask you to remove
the logo as soon as possible and to refrain from using it or the City seal in the future.
For your reference, use of the City's seal and logo is governed by Chula Vista Municipal
Code section 1.08.010(C), which states: "No person or persons shall use or allow to be
used any reproduction or facsimile of the official seal or official logo of the city, or any
other official seal, logo, insignia, emblem, or symbol of any city agency, department,
office, board, or commission maliciously, or for any commercial purpose unless
previously authorized by the council." By Council Policy 100-01, dated August 6,1985,
the City Council has authorized use of the City's seal and logo only for specific limited
purposes. A copy of that Council Policy is attached to this letter for reference.
We appreciate your prompt attention to this matter. Thank you.
Sincerely,
O-~
Ann Moore
City Attorney
Attachment
AM:cap
276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910' (619) 691.5037' FAX (619) 409.5823
62
SUBJECT: City Identification Program: Use of Seal and
Logo
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
100-01
EFFECTIVE
DATE
8/6/85
PAGE
lof2
ADOPTED BY: Resolution No. 12118
AMENDED BY: Resolution No. 2005-296
I DATED: 8-6-85
HACKr.JUHTNJ)
On August 6, 1985, the City Council adopted a new City seal and a new City logo. On
September 13, 2005, the City Council approved an acceptable alternative version of the .
City logo to accommodate horizontal layouts. These symbols of the City form the basis for i
a comprehensive identification program, which includes consistent use of the City's seal i
and logos. The identification program is intended to present a unified, positive impression
that is readily recognizable.
Proper implementation of the City's identification program should eliminate uncoordinated
or unauthorized representations of the City, such as various graphic symbols, designs,
layouts and colors.
"
To assist with the implementation of the identification program, on September 13, 2005 the
City Council adopted a handbook that provides detailed information on the proper use of
both versions of the logo.
PTTRPO"F,
The purpose of this policy is to provide guidelines for the implementation of the City's
identification program and consistent uses of the official logos and seal.
POLlCY
The City Council establishes the following policy conceming all uses of the City's seal and
logos:
1. Use of the City seal will be limited to specific ceremonial applications such as
proClamations, special certificates, and plaques. Exceptions to this limitation will
require the advance approval of the City Manager or his/her designee.
2. Except for specific ceremonial uses of the City seal, the City logos will be. the sole
identifying symbol used on CitY. stati6hary, signage, vehicles and other items
appropriate for CitY identification.
3. Use of the logos will be consistent City-wide, including size, associated type face
styles, layout, colors and all other related elements, as indicated in the handbook.
62
r COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: City Identification Program: Use of Seal and POLICY EFFECTIVE
Logo NUMBER DATE PAGE
100-01 8/6/85 20f:4
ADOPTED BY: ResolutionNo. 12118 I DATED: 8-6-85
AMENDED BY: Resolution No. 2005-296
4. . Apprnpri::ltl'mp.!';!'; of thi'! 11~i'! of fhp. hnri70l1t::l1 10go will hf! rlp.tp.rminf!1i hy thp. r.ity
M::ln:::lQp.r or hi!';/hi'!r rlf!~igl1p.f!
PROI'FnTTRl1,
1. All proposed uses of the logos and seal will require approval by the City Manager or
his/her designee prior to implementation. Individual business cards, City stationery,
signage and all other materials containing the logos and seal must be in
conformance to the standards of the identification program.
2. The City Attorney will secure copyrights for the logos and seal to protect the City
from their unauthorized use.
,
I
I
.
,.,.
.
,
(
\.._-
63
voiceofsandiegoc J
GOVERNMENT
Close Window
Print Page I
Before Duke, Wilkes Ran Into Other Political
Trouble
The FPPC's 525-page investigative file opens a window into Brent Wilkes' political
operations years before he became a centralfigure in San Diego's homegrown
congressional scandal.
By SETH HETTENA Special To Voice
Wednesday, Oct. 3, 20071 In the fall of 2003, two investigators with California's Fair Political
Practices Commission came to San Diego to conduct a series of interviews related to campaign
contributions by friends and associates oflocal defense contractor Brent Wilkes. The commission's
interest in Wilkes and his company, ADCS Inc., had been sparked by thousands of dollars in
contributions made by his employees and associates to county Supervisor Ron Roberts'
unsuccessful bid for San Diego mayor in 2000.
The Roberts event represented a fraction of the money Wilkes raised for Republicans in California,
Congress and the White House. He collected more than $100,000 for President Bush's reelection,
earning him the title of Bush "pioneer," and hosted fundraisers for Rep. John Doolittle at his
company offices. He served as co-chairman of Arnold Schwarzenegger's campaign fundraising in
San Diego County in 2003. The governor rewarded him with an appointment to the Del Mar Fair
Board the following year.
Wilkes' closest ties were to Congressman Randy "Duke" Cunningham. The two were so close,
prosecutors say, that they sat together in a hot tub in Hawaii in August 2003 with prostitutes hired
by Wilkes. The former congressman is now serving more than eight years in prison after pleading
guilty to accepting more than $2.4 million in bribes, including more than $700,000 from Wilkes,
whose trial on charges of money laundering, fraud and bribery is set to begin this week in U.S.
District Court in San Diego.
Back in 2003, however, the only agency paying attention to Wilkes was the Fair Political Practices
Commission, California's election watchdog. The FPPC's investigative summaries, subpoenas and
correspondence from Wilkes' attorneys, contained in a 525-page file obtained under the California
Public Records Act request, open a window into Wilkes' political operations years before he became
a central figure in San Diego's homegrown congressional scandal.
The FPPC zeroed in on a fundraiser Wilkes had thrown May 31,2000 for Roberts. The event was
held at Wilkes' 5,325-square-foot home in a gated community in Poway, the former residence of
Chargers quarterback Stan Humphries. At the time, Roberts was the presumptive front-runner,
fresh off a big primary victory. The party had been well attended; 500 invitations had been sent out.
A band called Tribe of Judah entertained the guests while they nibbled on catered food and mingled
by the pool. On its quarterly campaign statement, the Roberts campaign reported receiving $5,750
from Wilkes and 22 of his relatives, employees, or their spouses, who all gave $250 maximum
contributions.
Wilkes and his associates ultimately gave more than $10,000 to Roberts, who lost in a close election
to Dick Murphy, a former judge. It's unclear what Wilkes was seeking from Roberts, beyond helping
a friend get elected mayor. Wilkes' company did not do business with the city or county of San
Diego, and he didn't raise money for any other state local candidate in 2000. (Roberts' spokesman,
Darren Pudgil, did not return an e-mail and a phone message left seeking comment.)
63
What troubled the FPPC was that some contributors had filled out slips stamped with ADCS' name,
address and phone number on it. The name of ADCS employee Melissa Dollaghan, the wife of
Assemblyman George Plescia, R-La Jolla, also appeared on the slips. Some of the contributors lived
around Washington, D.C., while others worked for Wilkes at ADCS Inc. in Poway, which digitized
paper documents for the U.S. military. For the FPPC investigators, Dennis Pellon and Leon
Nurse-Williams, the circumstances raised the possibility that Wilkes may have violated California
Political Reform Act, which forbids paying for a contribution in someone else's name, directly or
indirectly.
On Sept. 24, 2003, Pellon and Nurse-Williams stopped at the home of an employee of Wilkes
named Cliff Rjttel, who had written a $500 check to the Roberts campaign. Rittel, who was the
director of information technologies at ADCS, seemed disturbed that the investigators had
interrupted his viewing of a televised debate on California's gubernatorial election. Since the
investigators worked for the FPPC, Rjttel demanded, why weren't they watching? He urged Pellon
and Nurse-Williams to get on with their questions so he could return to the program.
Before the investigators could ask a question, Rjttel demanded to know if the investigators were
wired, and, later, he asked whether they had placed a wiretap on his telephone line. The FPPC
investigators didn't carry guns -- they look more like accountants than cops .- and they told Rjttel
they weren't wired. When the investigators asked whether anyone from ADCS asked him to make a
campaign contribution, Rjttel refused to answer the question.
About an hour later, the investigators called at the home of Amanda and Rjchard Ness, who had also
given $500 to Wilkes. Amanda Ness had worked as Wilkes' secretary for a year, but she left under
less than favorable circumstances. Wilkes practiced nepotism, she told the investigators, and many
of his relatives worked for ADCS. When it came to her contribution to the Roberts campaign, Ness
said she hadn't been reimbursed for her contributions, although she added that she wouldn't be
shocked if some of Wilkes' relatives had been reimbursed. The investigators concluded the interview
and left.
Ness, however, had something more to say. She left messages on Pellon's office phone over the next
two days. When the investigator returned the call, Ness told him that she had not told him the truth.
She had indeed been reimbursed for her contribution to Roberts. A few days before the Roberts
fundraiser, Wilkes told Ness that he wouldn't be inviting anyone from the office who wasn't
contributing to the Roberts campaign. Ness said she wouldn't be attending since she was short on
cash at the time. A day or so later, Ness said Wilkes had come to her office and given her $500 in
cash and said something to the effect that "now she and her husband could attend." That would be a
clear violation of California election law.
On Sept. 25, Wilkes gave the first of two interviews to the FPPC at his new $11 million corporate
facility. Visitors entered a stunning vaulted, steel-and-glass lobby with granite tile floors buffed to a
high sheen. Wilkes' private office had a warm, cozy feel. Cherrywood panels lined the walls of the
president's suite, which could be warmed by a fireplace at the flick of a switch.
Wilkes told the FPPC that he was very active in local community matters, including politics, and he
encouraged his employees to do likewise. Pellon noted in his report that Wilkes said that "his
people" were active in the community but they gave their own money. Wilkes said he was well aware
of the laws governing political contributions and does not reimburse his employees for making
contributions. He said he never had and never will.
As for Roberts, Wilkes said he knew the supervisor personally. Arrangements for the event were
made through Roberts' fundraiser, Karolyn Dorsee, who has raised money for Pete Wilson, Arnold
Schwarzenegger and others. Dorsee had helped Roberts raise more than $1 million in his failed bid
for mayor, something that Wilkes reminded the FPPC about. According to the FPPC interview
summary, Wilkes said he was shocked that Roberts lost, particularly in light of all the money he
raised.
"Roberts' problem is that he's not charismatic," Wilkes told Pellon.
In another interview, this time under oath, Wilkes told the FPPC he didn't recall ever giving
Amanda Ness $500 in cash.
63
"Obviously, since I don't recall it, I would be very surprised to learn that I had," Wilkes said.
Pellon also asked about a $5,000 check Wilkes had written Ness two weeks before the fundraiser.
Wilkes explained that he doesn't use ATM machines. He keeps cash in a safe and drew it out as
needed.
"I frequently, then and continue to now, use my assistants to run errands for me, and she (Ness)
went and cashed a check for me," he said. It was possible he used the cash to go to Las Vegas, Wilkes
continued, "but I can't imagine that I used any cash for a political event."
Wilkes told Pellon that the more than $10,000 he helped raise for Roberts amounted to spare
change in federal election cycles.
"I should point out that $10,700 is less than a fraction of one percent of how much money was
raised in that deal, and it's less than anyone single significant federal contribution, so it wasn't a big
part of my life," Wilkes said.
But the bank account records the investigators subpoenaed told a different story. Two of Wilkes'
family members had written Roberts a $250 check the day of the fundraiser, and the same day, both
had deposited $250 in cash into their checking accounts. Wilkes' nephew thought it might be for a
boat payment.
"He believes it is just coincidence that on the same day he deposited $250 into his account, he
issued a check for $250 to Ron Roberts," the investigators noted. Before writing a $500 check to the
Roberts campaign, Elizabeth Wilkes, Brent's 83-year-old mother, had moved $500 from an account
she shared with her son into her personal account. Roberts was a nice man, she told the FPPC
investigator. Elizabeth Wilkes smd she couldn't recall the name of the man who ran against Roberts
-- it was Dick Murphy, by that time San Diego's mayor -- but "I didn't like him." Wilkes' niece said
her father, Robert Wilkes, had loaned her the $250 she gave to Ron Roberts for Mayor, but he lived
in Panama, and investigators were unable to speak with him.
As part of the investigation, Pellon spoke by phone with a defense contractor named Mitchell Wade.
Wade, who lived and worked in Washington, D.C. and ran a company called MZM Inc., had written
a $500 check to Ron Roberts for Mayor two days before the Poway fundraiser. On the same day, he
wrote a $2,000 check to Brent Wilkes with the notation "R. Roberts."
Wade told Pellon that Roberts was one of many pro-business candidates he supported all over the
country, although he didn't know, three years later, whether Roberts had won the election. What
was the $2,000 cl1eck about? Wade told Pellon it was a payback of a personal debt, of which he
could recall nothing, except that it didn't involve Roberts. Why then would he write "R. Roberts" on
a check to pay a personal debt? Wade had no explanation.
Wilkes, similarly, couldn't recall anything about Wade's $2,000 check.
"We didn't spend that much money on the fundraiser, so I can't imagine, I have no concept of what
the relationship of that check to anyfundrmser is, but I'm aware of the rules and I wouldn't have
taken a $2,000 check for a $250 fundrmser," he said. Wilkes said he has, on occasion, asked Wade
to make political contributions in federal elections. However, Wilkes said he has never received a
check from Wade, made payable to him for a federal candidate.
Wade said he knew of Wilkes, but the two weren't friends or business associates. Wilkes told Pellon
a fuller accounting of his history with Wade. A former Defense Department civilian employee, Wade
had worked for him from 1998 to 2003. Over that time period, Wilkes said he paid Wade millions of
dollars. They worked on many projects together. They took many trips together. Wilkes said he had
loaned Wade money over short periods of time, and vice-versa.
Wade was once a very good friend. "We had a little falling out," Wilkes said.
Prosecutors say that the falling out was due to what they call "competing bribe activity." Wade has
pleaded /?liilty and admitted gjving Cunningham bribes worth more than $1 million, including the
"Duke Stir," the yacl1t where the congressman lived in Washington, D.C. Today, Wade is awaiting
sentencing on charges he bribed Cunningham and is on the list of witnesses prosecutors might call
at Wilkes' upcoming trial. Wade's attorneys at the Washington, D.C. firm, WilmerHale, did not
63
respond to a phone message and e-mail left seeking comment.
Pellon returned to San Diego at the end of 2003 to conduct a final set of interviews. By this time,
Wilkes had retained attorney Ben Davidian, a prominent Republican and a former chairman of the
FPPC. While Pellon was conducting interviews at ADCS offices in September, Davidian had gotten
on the phone and called a halt to them. Pellon returned to the home of Amanda Ness, the woman
who had confessed that Wilkes had reimbursed her $500 contribution to Roberts. Davidian
attended the interview.
Under oath, Ness recalled having left telephone messages for Pellon in September, telling him she
had something she wanted to share with him. But she did not remember saying that Wilkes had
given her $500 for the Roberts fundraiser.
"I never, ever, said that he said anything such as what you just said," Ness said. Wilkes had given
her cash, but it wasn't for the fundraiser. Ness said she had a surgery that cost $100,000 and she
was in the middle of a fight with her insurance company.
"As I told you before," Ness said, "Mr. Wilkes would never have done anything that would have been
wrong. He wasn't that kind of person. I don't like him, OK. I have no love lost for Mr. Brent Wilkes,
so if I had anything, and anytime that I could sit there and nail him for something, this would be it. I
don't have anything that would help you. I honestly, on a Holy Bible, could not tell you that he gave
me that money for a contribution. He did not do that."
Pellon dutifully recorded her denials, but he didn't believe them. In 2005, the FPPC found reason to
believe that Wilkes had committed two counts of California election law violations:
"Given the course of events in this case -- Mrs. Ness' denial, then admission, and then denial, of the
reimbursement, and the unlikely scenario that a family facing substantial medical costs would pay
$500 to support a political candidate at the same time it is accepting a like amount to help pay those
medical costs -- I find the standard for probable cause has been met," FPPC Executive Director
Mark Krausse wrote in an Aug. 5, 2005 order finding probable cause.
The FPPC, which lacks the authority to prosecute criminal charges, levied the maximum penalty it
could on Wilkes __ a $4,000 fine. "Making campaign contributions in other than one's own name is
one of the most serious violations of the (Political Reform) Act," the agency noted. "It undermines
one of the basic purposes of disclosing important information to the voting public regarding the true
source of campaign support and contributions."
Federal prosecutors intend to show at the forthcoming trial that Wilkes operated with impunity in
Washington for years. They have lined up several defense officials who were bullied and threatened
by Cunningham when they questioned the value of Wilkes' document scanning projects. But the
FPPC had subjected Wilkes' campaign contributions to a scrutiny he wasn't used to at that time.
The FPPC proceedings were delayed for a year by the growing federal investigation into Wilkes'
relationship with Cunningham. By then, Wilkes had been worn down by legal battles on many
fronts, and he dropped plans to challenge the agency's decision. On Jan. 12, 2007, the FPPC
formally fined Wilkes $4,000 for violating the California Political Reform Act. His trial on charges
of conspiracy to commit bribery of a public official, money laundering, and other cl1arges is set to
begin Wednesday.
An FPPC spokesman declined to provide any additional information. Wilkes and his attorney, Mark
Geragos, did not respond to messages left seeking comment.
The FPPC forwarded the Wilkes case, as a courtesy, to Bonnie Dumanis, the San Diego County
district attorney. Her spokesman said the office took no action.
Seth Hettena is afreelance writer in San Diego and author of "Feasting on the Spoils The Life and
Times of Randy 'Duke' Cunningham, History's Most Corrupt Congressman." He can be reached at
seth(iiJsethhettena.com. Send a letter to the editor.
64
Newspaper: UNION-TRIBUNE
Date: Jun 02, 2007
Day of Week: Saturday
Edition: R,E,S,F
Section: LOCAL
Page: B-1
Length (in lines): 698
Headline: Lawyers' bills mounting for ethics investigations
Byline: Tanya Mannes
Credit: STAFF WRITER
Captions: Published: CHULA VISTA'S LEGAL BILLS
Town: CHULA VISTA
Keywords: CHULA VISTA. COST. COUNTY. ETHICS. LAW. PROBES.
rGo To Best Hitl <iavascripttoP.stLhit('BESTHIT')>
CHULA VISTA -- Chula Vista spent $411,261 in the last 14 months for
outside lawyers who represented city officials questioned by the district
attorney's newly fonned Public Integrity Unit.
District Attorney Bonnie Dnmanis created the nnit in early 2006 to
investigate public corruption allegations thronghout San Diego Connty.
To date, the unit has indicted one person - Jason Moore, an aide to
former Chnla Vista Mayor Steve Padilla - on perjury charges.
Since March 2006, the city paid 11 law firms to represent employees who
testified before the unit's criminal grand jury, according to information
The San Diego Union-Tribune obtained through a California Public Records
Act request.
City Attorney Ann Moore provided the bill totals but not the attorneys'
invoices or contracts, saying they are protected by attorney-client
privilege.
Officials with the District Attorney's Office also didn't disclose details
oftheir investigations. Until an indictment is issued, grand jury
proceedings are kept confidential to protect the reputations of those
involved.
The city is required under state law to provide legal representation to
its officials and employees who are involved in litigation related to
their official duties.
"We have no choice but to hire private attorneys to perform whatever type
of legal work is necessary," Moore said.
She said the work can't be done in-house "because our office represents
the city, not the individual employees or officials."
64
City Councilman Rndy Ramirez, who took office in December, said that he
was alarmed when he learned how much the city had spent in legal bills and
that it was "a questionable use" of public resources.
"There needs to be some accountability on these secret investigations and
the resources attached to them," Ramirez said. t1We need to get some
answers from the District Attorney's Office about whether or not these
investigations are legitimate."
Chula Vista Mayor Cheryl Cox said most of the decisions to hire outside
counsel were made before she took office in December.
"Since much of this was acted on hy a previous City Council, it is pretty
hard for me to know whether it is justified," she said.
Cox noted that the city can force an employee or official to pay back the
money "irthe person was found to be acting outside the scope of their
employment, or doing something illegal."
Councilmen John McCann and Jerry Rindone did not respond to requests for
comment. Councilman Steve Castaneda declined to comment on the advice of
his attorney.
Prosecutor Patrick O'Toole, who heads the Public Integrity Unit, has
focused mnch of his energy on Chnla Vista. He suhpoenaed nine witnesses in
seeking the indictment of Jason Moore, which was part of a larger
investigation involving more witnesses, according to grand jury
transcripts released after the indictment. Moore pleaded not guilty in
April.
Last month, Castaneda said the unit had initiated three separate
investigations of him in the last year. He accused Dnmanis of targeting
him for political reasons and pressuring him to resign. He has not been
charged with a crime.
City attorneys in San Diego, Imperial Beach, Solana Beach, Lemon Grove,
National City, Del Mar, Santee, Carlsbad, Oceanside and San Marcos said
there have been no Public I ntegrit)' U nit investigations in their cities.
Chula Vista's legal bills come as the city prepares to cut its budget
because of a slowdown in new home constrnction. Cox recently called for
austerity, saying she is prepared to fund "little other than core
services" for several years.
In a prepared statement, Dumanis did not comment specifically on the Chnla
Vista investigations, but defended the Public Integrity Unit.
"The public has a right to expect that their public officials are not
breaking the law," Dumanis said. "Protecting and vindicating this right is
one of the most important priorities in the District Attorney's Office,
and the Public Integrity U nit continues to ensure that this is done."
64
O'Toole declined to comment beyond the official statement.
CHULA VISTA'S LEGAL BILLS
Baker & McKenzie, $37,676
Benjamin L. Coleman, $14,790
Cooley Godward, $6,105
Coughlan Semmer & Lipman, $49,782
Irell & Manella, $19,782
Knut Johnson, $13,413
La Bella & McNamara, $51,945
Luce Forward, $67,458
McKenna Long & Aldrich, $71,842
Morrison & Foerster, $48,987
Frank Vecchione, $29,481
Total: $411,261
End-of-Story
65
R t.- C' - " . .. .
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Mayor line City Council
City Of Ct:.u13 Visla
275 Fou~ Aver.ue
Chula Vista. Ca 91910
619.691.504': - 619.476.53;9 Fall
'07 OCT 16 1\9:01
em OF
(HUlA VISTA
CITY OF CHlJLA ....i.' M EM 0
CITY CLERK'S OFF"!
Saturday, October 13, 2007
TO: Susan Bigelow, City Clerk
FROM: i-.\ Sandra Hodge, Council Aitie to Deputy Mayor Rindone
....,..
RE: Response to Public Records Request
In response to your California Public Records Act Request dated October 12, 2007, I
am pro\iding your office \\ith the follo\\ing responsivc documents:
1. A copy of your e-mail dated October 12, 2007. regarding the req\lcst.
2. i'>.n e-mail from Eric Crockett dated \Iay 9. 2006, which I responded to on \lay 10,
2006.
3. An e-mail from Eric Crockett dated June 8, 2006.
4. A letter from Greg Cox, County Supenisor, first District, dated July 5,2007.
5. A letter to Greg Cox, Counly Supcf\isor, from Deputy Mayor Rindone, dated July 23,
2007.
As of today, October 13, 2007, I am prO\iding your office \\ith two (2) single sided
copies of the abo\'e listed responsivc records. I hm'e conducted a "thorough and diligent
search- which has taken about 3 hours oftime. There are a total of 22 pagcs in this set
of documents, which includes this !vlemorandul1l.
If you han' an)' questions, concerns, ancl/or additional needs, please feel free to call
our office at (619) 691-5044 ext. 3026, or c-mail u, at jrindone@ci.chula-,-ista.ca.us.
65
To:
S.ubject:
Eric Crockett
RE: Sup.:;"r Court of California
,
("-.- }J
," )i- ,~ ..0--")
el{l(J- (./ ([)
Jerry Rindone
Deer Mr. Cro:r.ett,
On behalf 01 Councilmembar Rind:>r,e, I woul:llike to warmly thank you for e-mailing him the meeting Olinu;;, he
:ie2ded. You ar,: always so very helpful and your e>:tra effort:: are appreciated!
SinC13!":ly,
Sandra Hod::=-
Council Aid;
h.--O..:;!nal r';e..~C!?e---'
From: E;ic Cro:.~et~
Sent: Tl!esd~y, t.lav 09, 20::06 7:SS ;'!-1
To: ]~ Rindo;",e; D~'/~ F~"'~!:?:r,j:;
Cc: Dc:';; S;r;:ttl
Subject: Su~~m:, Court of Califcrria
Importance: Hi2!"'.
Councilman Rincon: Clnd I-Ar. RO\'J!:::nds
Atached c;"~ the meeting minutes f:"om yesterday!:: dis=:uEsion with the Courts. If I carl t.; a further assistance plsas5
cell.
Have a cre;;t d2Y~
<< File:-Meeting Minutes Superi:lr CO'..lrts.Chula Vista 5.9.06.doc>>
Eric C. CrackeL!
Redevelopmenl r-,'Iallilger
ecrockett@d.chulll-\'h:ta.ca.u5
City aEChula Visl"
Ccmununity Developmenl Dep.utmenl
276 Faurth A venue. MS C-400
Chula Vista c.:, 91910
F (619) 476-5?-lJ
f (619) .7<;.5310
c (619) S57-3723
65
Superior Court of California-Chula Vista
MINUTES MAY 8, 2005 3:30PM-4:30PM 500 Third Avenue
; MEETING CAL"'O BY City of Chula Vista and Superior Courts of California
. TYPE OF MEEYIF'G Judicial Court space needs
FACILITATOR Councilman Jerry Rindone
NOTE TAKER Eric Crockett
ATIENDEES
City Of Chula Vista
Councilman Jerry Rindone
Eric Crockett
Superior Court of Caiifornia
Judge Trentacosta
Judge Hernandez
Harold Kosakoff
Agenda Topics
TOPIC NO.1 Impact of Chula Vista growth on Courts (Judge Trentacosta)
. Indicated that the growth of Chula Vista has created an Increase in cases being handled by the
courts:
Felony filings have increased by 28%
Family Law cases have increased by 35% compared to 5% countywide
. Courts have exceeded their physical limitations
Court is having to send cases to Downtown San Diego
Most large cases (more that 4 to 5 weeks) must be sent Downtown
Insufficient parking for patrons of courts, including jurors
TOPIC NO.2 Short term possibilities (Judge Trentacosta)
. -. .- . .
Potentiai to mOVE County District Attorneys office out of courthouse Into Gateway Phase II.
This action would create room for 3 more courtrooms.
. Find a relocation site for the Sweetwater Authority office. The building is owned by the Courts
and could be converted to new court rooms.
TOPIC NO.3 Objectives (Councilman Jerry Rindcne)
Keep courts located at current iocation.
. Assist Courts in finding additional space for both judicial and non-judicial staff.
Urge County to move District Attorneys office into Gateway Phase II
Dedicate staff to work with Courts on both Short Term pOSSibilities and In defining a long-term
solution to the Courts space needs.
TOPIC NO.4 Next steps
~.._- ..
Eric to contact Harold to better understand Courts long term space needs
ACTION lTEI-IS
PERSON RES~OI'lSISLE
DEADLINE
Obtain information on Court needs
Eric
5/30/05
NEXT "'EETING TBD
65
Jerry Rindone
....
From:
Sent:
To:
Cc:
Subject:
Eric Crockett_
Thursday, Jur,e DB, 2006 10:24 J.j,i
Jerry Rindor,e
Jim Thomso:1: Dana Smith; ;"nn Hi", Harold KDSsko:f(E-mail)
Superior Cou1s
Daar Councilman Rindone.
PieESz find a~:a-:~:d the m-eeting mim"':~.;-.5 ;rom my ssccnd m::Ung with rvlr. K~s;%off. y-."'lE; contin:.JE to coordina~e on thE
~eeds of the Courts. II you have any qusstions on lh-es:; minute.s or have additional que:::ti:ms please feel free to can me at
any of the numbers fisted below.
H'3v: a g:-.:cI car!
~
l.l~etJn9 Ninutes
Su~'crior Court...
El1C C. Crocke!i
RcdC'\'elopment :.1anL!ger
EC rockett.&ci.chuIa. \ ~5ta.ca. us
City of Chula Yistl
Community De\":-lcpment Department
276 Fourth A,'enue' 1\'15 C-400
Cl1\II,1 Vista CA ?1910
P (619) -17';-53-11
f 1,{)19} 47(,-5310
c (6W) 857-3725
65
Jerry Rindone
From:
Sent:
'To:
Cc:
Subject:
Eric Crockett
Tuesday, May 09, 2006 7:59 AM
Jerry Rindone; Dave Rowlands
Dana Smith
Superior Court of California
Importance:
High
Councilman Rindone and Mr, Rowlands:
Attached are the meeting minutes from yesterdays discussion with the Courts. If I can be a further assistance please call.
Have aJl!eat day!
U
Meeting Minu'.es
Superior Court..
Eric C. Crocleett
Redevelopment Manager
ecrocketri!lcLchula-vista,ca. us
Cit)' of Chula Vista
Community Development Department
276 Fourth Avenue. MS C-400
Chula Vista CA 91910
P (619) 476-5341
f (619) 476-5310
c (619) 857-3725
,
65
Superior Court of California-Chula Vista
MmUTES MAY 25, 2006 8:30AM-9:30AM 500 Third Avenue
MEETING CALLED_BY City of Chula Vista and Superior Courts of California
TYPE OF folEETING
Judicial Court space needs
FACILITATOR
-- ----_. -...
NOTE TAKER
Eric Crockett
City Of Chula Vista
Eric Crockett
.-. h.______... _0_ _
.. -------
ATTENDEES
Superior Court of California
..--...---..
Harold Kosakoff
Agenda Topics
. TOPIC NO.1 Impact of Growth relating to Courts Needs (Harold Kosakoft)
One Judge per 18 to 20,000 residents
o Each court is about 6,000 square feet, includes court room, Judges Chambers,
holding tanks and office space for staff
There are 35 jurors for every panel put together for a Jury trial .
o The courts have 15 Judges and Commissioners and are determining future
needs.
TOPIC NO.2 Short term (Harold Kosakoff)
...._~-_.-.-
o The number #1 priority of the Courts is more courtrooms foliowed by parking.
State and County have not finalized land transaction; limits of what State ownership will be have
yet to be defined.
State will not build parking. Once ownership is defined there may be a potential to work with a
joint use or joint venture that would aliow Court, use of a parking structure during the day.
TOPIC NO.3 Current Objectives (Harold Kosakoff and Eric Crockett)
--- - - -------.-
o Keep courts involved In parking study.
Assist Courts in finding additional space for both judicial and non-judicial staff.
Dedicate staff to work with Courts on both Short Term possibilities and in defining a long-term
solution to the Courts space needs.
TOPIC NO.4 Next steps
- - .-...
o City will research what types of relationships other municipalities have created with State when
it comes to Court capacity Issues.
Include courts as an affected party when preparing a long-term parking study end management
pian.
o Investigate State's ability/wiliingness to Joint Venture with private and public capitai partners
once ultimate ownership has been defined.
Speak with Clifford Ham (415-865-7550) on what State might be wiliing to do in a Joint
Venture.
ACTIor; ITEMS
PERSON RESPONSIBLE
DEADLINE
Include Courts in parking study
- . .---
Speak with Oifford Ham
Eric
On-going
On-going
Eric
NEXT MEETING TBD
65
'.,
GREG COX
SUPERVISOR. FIRST 111STIUCT
San Diego County Bcard of Supervisors
July 5, 2007
The HOllorable Jen'y Rindone
City ofChula Vista
276 Founh Avenue
Chula Vista, CA 919aO
Dear counci~~~d&e,
You may ha\'c recently received direct notice from the Superior Coun of the State of
California regarding their decision \0 reconsider a revision of their local rules to modify
the Court venue between the South Coumy Division (Chula Vista) and the Central
Di\;sion (dO"11to\\'11 San Diego). Based on recent a!,>Teements reached between the
County and the State, the State is not going to proceed at this time with their proposal to
ch:mge the venue boundaries. Thc State will be ex andinl! courtroom space in the C tla
Vista Cotlrt facility that bad been utilized bv County staff. That !l:1\"eS em the break
Deeded to be able!;; r~a11lJudicial caseload Dl2l1agemcnt in th~ South Bay that was
potentially slated to niove dO"l1tO\\11.
-
This ~)(l n~r the people served directl)' and indirectly by the Coun presence in
South a,'. J Kept this matter under very dos: scrutiny for the last year and have. been
;~\'o!ved irl discu~~!ons with all the pri.:~cipal:.. 1 ~ln ','C:)' F!~2:'ed '.~..ith t1~: C~1~~an1e. 1
hope the successful conclusion of the maner meets with your appro\'al as well.
Please feel free to call my office if 1 ean pro\ide yon with any additional bfonnation you
may fmd of assistance.
Sincerely,
Jdw,
GREG co,t
,
Vice Chairman
Counli,:...:!ml"lst'~I'':In Cel'ler. 'H~OC PI:,:,: HI;)hWFlY, Room :;~S . San O~=;C. CA ~~.E;'
1::' ~,) 531.5511 . Fax l=-19) 235.06.'1:1 \'r.,^,J.gr~;!ColC.r;:C':n
Errii,l: :;~,=;!.c..:'i_~sdco~nly.:.a.9o""
65
Jerry Rindone
~/e
From:
Sent:
To:.
Cc:
Subject:
Eric Crockett 7
Wednesday, January 24, 2007 4:18 PM ~__'1. r/ ~O
Cheryl Cox; Rudy Ramirez; Steve Castaneda; Jerry Rindone; John Mtl.tiMl'J 7>
Jim Thomson: Dana Smith; Ann Hix .
South County Division of the Superior Court
Honorable Mayor and Council,
For you information, please find attached a letter from the Sup=rior Court of th= State of Callfomia as well as an agenda
and meeting minutes from a meeting held on January 18, 2007, These items are provided for your use and information
only. If you have questions concerning the Courts or these me=ting minutes please call Eric Crockett at exl. 5341.
Have a great day!
Ann Hix
Acting Community Development Director
ahix@ci.chula.vista.ca.us
Eric C. Crockett
Redevelopment Manager
ecrockett@ci.chuJ.-vista.ca.us
~
~
Uii;l
~
South County ;outh county venue Meeting Minutes
Division Venue Bm agenda 1.17... Superior Court..
65
1/11/
IDlF$npmnr <l1ourl
0'_
DEe 0 6 Z006
,$iatE nf ~Hforni!l
aAH CX!ao
Malllng Ada'e-u
PoSI Ol!lcl Soll. 122724
San 06eg0. CallcrrVO 921t2.-27i'
(81P) 531-37&5
JANIS SAMMARTINO
Presllinll Judge
November 22, 2006
Cheryl Cox, Mayor-Elcel
. City of Chul. ViSlB
276 fourth A.venue
Chula Visl;1, CA 91910
Re: Nollce of Inlenllo ModIfy Ihe Venue Bound.ry - Sonth County Dlvl!ion of,
the Superinr COUl'(
Dear Mayor-Eleet Co.:
This lencr is to notify you of the intent of the San Die~o Superior Court ("court'') to
modify, by amendment 10 !he San Diego Superior Court Rules, the eourt v::nue boundary between
lbe Soulh County Division (Chut. Vista) and the Centnll Division (downtown San Dieco). (So.
.,-Spn fi.i..C~_~:'IP.. erip~:Co\)Tt R~l.~, :~~'~.:.I.-?-,~.).,~pce'.'fica\lY, the. propos. ad modifiea..~on would
v' e!>an.o Ihe venue for all matters oflS111aMg In up code areaS 91950 tnd 9 I 951 essenl..lI. cases
O'riginating.\n ~.~ity 0 3.Uo~a nv to \ ,e ntra. ~vl.slon:. o~to~~~_1f~',~~li;m~r(lfo:
?-t;r t ~.!.U1CWOU ..~con'.r:. effectlve)uly 1,.200~. . ". .' '. ....... ...... ':,' . . ':~. .;'
~ The Superior Court is confronted with th: need to aSsCs"s'ihc'diStribution of work in San
Diego County. Although our overall eour.ty workload is relatively unchanged over the past len
years, lherc have been signinc.nl cban~es in the disbibution of work between our Central
Division court and tho oullying branch courts (Norih, East and South), Thc chance in workload
has beon most dnlmalie in Soulh County. AI. an example, in ocr major case ""...gories during the
just completed 2005/06 fiscal year, family law filings inero.sed 23 percent over the prior year.
Domeslic violence lcmporat)' restrBining orderJ increased 14 perccilt, felony cri..i1inal ca&e.S
increased 8 percent, traffic infractions increosed IS pcrcent, and civil filings increased 13 perecnt.
A visit to the South CDWl!)' cowtho1.lSe with its lor.g lines, severe ovcrcrowdtng lU".d sedous daily
parkinc problems give visible lestimony to the court workload problems in this part of our
county.
Analyzing projedons fi.om SANDAG .nd other sources, we see these court workload
incre2.Ses continuing into the future. Based on our most recent Judiciai Needs Assessment
Syrvey, we,!)ave s~meicnt workload. in ;h~.Soulh County for 23 judicial officers. yet we only
~..Yc sumeierit',spic. for) 5. co~rb'oori:s, This is.th'1.I.rg~stj\,~ici.al offieer'.\O-v.:9rklR'~ deflc\t!~
.thicnLiie~co~~n:, ~nd.o"e \h.t.~i\l.ol\lY wo:scn.witlifu~ Ftmtrnil.fp.9~pi~ti\ln:g,:o~'tb:iii)lie)t#~
s~r/cCd~b. ~gsouth'Cou~n '.r:Hvisioo' rthc'co~L'u..;.. ........:..~,...: . :.. '~'.-:.- . !..~..;:......v ,.1
.,~; .,y:",.. ..ty... ..P:L ;....'~.;-..:.,..i'-..."..-...-::..:'!...;:...'....
. ."
..: ).' ~ .;....:.: .' ~ ... .". ,,: : . ~ '.~ :-. '. : ;
, ..
. .....
.' ..--..--------..-..... .--...---- ....,.-.. -
65
Notice otlnlenl to Modify the
Venue Bounilary- South County
Dlvt.sJDI1 of (he Superior Court
r.gel'wo
Novenlber 22\ 2006
Our options in addressing this chz.nging court workload arc Hrr.ited.. We ct.n build new
facilities, expillld space in existing courthouses, and/or shift the workload within th~ COunt)' to
balance OUI the judiciel officer.to.workload deficits so that reasonable aceess is maintained for
all. With no realistic likelihood of building or acquiring additional ncar.term spat< in the South
Bay Region,1 Ccnlc,', and with available judges in the Central Division eour1, we arc foreed 10
contemplate modifying Ihe venue boundery between our Soulh and Cen!r1l1 Divisions, Thi.
modificalion will expend the Central Dhision boundnl)' 10 includl: Ihe next cor.liguous zip code
areas edjacenllo the current Venue boundary. 111e zip codes in qucslion ::are 91950 and 91951,
essentielly eases originaling in thc City of N.tionel City, This venue change wo"ld .pply 10 ell
CBSe types, criminal, civil, small cleims, family law, juyenile, unlawful delaincr and traffic.
Moving these ca.scs to the applicable Cenlrill Division facility, i..,cluding the downtown
courlhuusc-....Madge Bradley building, fanuly court building or Kearney Mesa ll1lffic court,
proyides some sharHerm relicf 10 the ovcn:rowding occurring In the South County courthouse.
This ac~on also provides lime for the court 10 consider options for further changes in the future. .
As this is the first time that court venue boundaries have been revised since the: opening
of the South Bay Municipal Court., and so lhat we can proyide sufficient opportunity for comment
and inpul from Ihose who may be affected by our proposcd .ction, Wc have scheduled a meeting
J./ for Jano", 17 2007, from 10:00 a.m. 10 12:00 p.m.'1 the South B. Regional Center, If you or
~ your representative can aUen IS meetmg. pease CRII Jenni er edersen, ecuUvc cc.retary to
the Presiding Judge, at (619) 615-6393. If you have questions before the meeting, please do not
hesitete 10 call Michael Roddy, Court Exccutiye Officer, al [he same numbcr [isted above.
111an\.:. you in advance for your cooptT1ltion ;md assistance in this j~pcr.1ant proposed
change.
I
I
!
I
I
Very Indy yours,
)d1W.~
JANIS SAMMARTINO
l're,Jdlag Judge
JS:jmp
c: Ronornble KeMelo K, So. Assislant Presiding Judge
Honornble Robert J. Trcnl.costa, Supervising Judge, South Cowty Division
Supelior Court Execullye ConuniUee
Mich.el M. Roddy, EXeculiye Officer
Harold Kosakoff, Assistanl Executive Officer, SO"lh Cou.~ty Division
W. Ilarold Tuck, Deputy Chief Administraliye Officer, Public Safety Group
I
!
I
,
.------. - .
".-.--
.-.......-- -- -~..-.... -
65
~e ~uperior Q!:ourt of Q[;alifornia
County of San Diego
AGENDA
SOUTH COUNTY VENUE MEETING
January 17, 2007
10:00 a.m. - 12;00 p.m.
South Bay Regional Center
500 3rd Avenue
Chula Vista, CA 91910
1. Introductions
2. Purpose of Meeting
3. Historical Perspective - Current Workload and Future Trends in South
County
4. Superior Court Proposal to Change Venue Boundary - Open Forum
to Discuss Possible Alternatives
. ".-.- -. .--.------.--. - --." ... -."
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65
Superior Court of California-Chula Vista
MINUTES JANUARY 18, 2007 10:00AM-11:15AM 500 Third Avenue
mETING C'LLEO nY Presiding Judge Janis Sammartino
TYPE OF MEETING Superior Court Modify Venue Boundary-South County Division
,^CILIT'TOR Presiding Judge Janis Sammartino
NOTE T'XER Eric Crockett
ATTENDEES
City/County
Chula Vista Mayor Cox
National Oty Mayor MoTTison
Chula Vista Attorneys Office, Police and
Community Development
National Oty Attorneys Office and Police
County Sheriffs Department
Courts
Presiding Judge Janis Sammartino
Judge Robert J. Trenacosta
Michael Roddy, CEO
W. Harold Tuck, CAO
Harold Kosakoff, Assistant Executive Officer
Agenda Topics
. TOPIC NO, 1 Purpose of Meeting (Judge Janis Sammartino)
. Discuss options to address severe overcrowding and serious daily parking problems associated
with the increase in court workload due to growth in the South Bay.
TOPIC NO.2 Historical Perspective-Current workload and future trends (Michaei Roddy)
. O~erall County case load #'s are consistent. However, the workload has shifted more heavily to
the South Bay although the overall number of cases Countywide has not increased.
. South Bay courts are the smallest division in the County.
. Judges and facility cannot absorb any more cases.
Based on workload the South Bay Courts need 23 judges but only have room for 15.
. The Courts predict the need for 27 judges by 2010/11 and 33 judges by 2020/21.
There is a parking problem and with County development 5% of the parking was lost.
. The ultimate space need of the Court is estimated at 178,000 square feet by 2020/21. If every
usabie square foot of the current building was used for only the court (including the County jail
space) it would oniy provide 135,000 of the 178,000 square feet needed.
In the 1990's the courts added family law, civil and juvenile cases to the South Bay,
. From 1993 to present cases have increased: family (134%), Civil (41%), Juvenile (59 fold).
From 1983 to present felonies are up 252%.
TOPIC NO.3 Court Identified Options (Judge Janis Sammartino and Michael Roddy)
Build a new building (no funding).
Build a parking structure (no funding).
. Reallocate workload by modifying the venue boundary (no funding needed).
. Move all of National City cases to downtown and possibly Kearny Mesa. This option equals the
workload for 3 judges.
Transfer of ownership of the Courts from the County to the State must be completed by June
30, 2007.
TOPIC NO.4 Group Identified Options
Mayor Cox-suggested the Courts evaluate "Night Court" or service expansion h~urs. (Co~rts
indicated that the cost to benefit ratio did not pencil).
Mayor Morrison suggested the Courts expand into the space that will be vacated by the County
District Attorney's office when they move into Gateway Phase II. (Courts indicated that this
op~ion would affect their budget and the boundary modification did no!~)
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National City requested the Courts consider moving only family, juve~ile and 'c:i~es to
downtown. This option would help keep law enforcement local and available to the jurisdiction.
Moving traffic puts officer out of service all day and has cost implications to the City.
Chula Vista suggested looking at a shared parking alternative with the Chula Vista Mall to
relieve the parking crunch. Employee parking could be located at the mall with shuttle service.
This could be a cost-effective approach to parking.
National Oty indicated that the bulk of caseloads are infractions that don't require a jury and
could be handled during extended business hours.
. It was suggested that a multi-faceted approach to the Courts overcrowding be considered.
Maybe by having night court, shared parking with the Mall, expanded business hours, boundary
adjustments and moving some cases could help alleviate the strain on the courts.
. In order to obtain State funds for expansion it might require a multi-jurisdictional financial
partnership that would leverage local monies with State resources.
ACTION ITEMS
PERSON RESPONSISlE
DEADLINE
Put together a working committee to address Courts issues
Courts will provide information to the Mayors for use in
discussions with local legislators.
Judge Janis Sammanino
T6D
Judge Janis Sammanino
{>SAP
NEXT HEETlNG TBD
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JERRY R. RI"OO"E
COL''iClLMEMBER
July 23,2007
Gr~g ((IX
Sup~r..isor, First District
CocUlty Administration Center
1600 pac~' Hi!!hwa\', Room 335
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San Die=o~
Dear S~~or V
1 wanted 1(1 personally thank you f()~ the strategic role you played to c()n\"jnc~ the
State to refrain from changing the Court \'cnuc b~[wcen the South COUnt)' Di\"ision (Chula
Visea) and the Central Di\ision (down\{mn San Diego). 1 was thriUed to learn tbal because
of your diligent work and your involwmcm in discussions with all th~ principals, that the
State will be expanding the courtroom space ir. the Chula Visla CO!.lJ1 fadlir}" that had been
utilized by County staIr. Indeed, this is gr~at news for the people wbo are served either
directly or indirectly by the Court's prcs~nc~ in the Somh Bay.
]bank you for the incredible amount oftill1c, imcrt:1cing, and persistence that you
de\'orcd to resolve this maner to the benefit ofthose scrved here in our area! You truly
deserve to be applauded and commended fer YOllr masterful leadership on Lhis issue!
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